FBODaily.com | FedBizOpps: PRESOL | B | Cetacean Surveys in the Commonwealth of the Northern Marianas Islands

FBO DAILY - FEDBIZOPPS ISSUE OF JANUARY 12, 2018 FBO #5894
SOLICITATION NOTICE

B -- Cetacean Surveys in the Commonwealth of the Northern Marianas Islands

Notice Date: 1/10/2018
Notice Type: Combined Synopsis/Solicitation
NAICS: 541690 — Other Scientific and Technical Consulting Services
Contracting Office: Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), National Marine Fisheries Service, SSMC 3, 1315 East West Highway, Silver Spring, Maryland, 20910, United States
ZIP Code: 20910
Solicitation Number: WE133F18RQ0120
Archive Date: 1/31/2018
Point of Contact: STEPHANIE M. GARNETT, Phone: (808) 725-5356
E-Mail Address: STEPHANIE.M.GARNETT@NOAA.GOV
(STEPHANIE.M.GARNETT@NOAA.GOV)
Small Business Set-Aside: Total Small Business
Description: (i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice with the simplified acquisition procedures authorized in FAR Part 13. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. (ii) The solicitation number for this procurement is WE133F18RQ0120 and is hereby issued as a request for quotation (RFQ). (iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-96 effective November 6, 2017. (iv) This procurement is 100% set-aside for small business concerns. The associated NAICS code is 541690 with a corresponding small business size standard of $ 15.0 million. (v) Contract Line Item Numbers See Attached Standard Form 18 included as a separate attachment on FBO. (vi) Description of requirements for the items to be acquired See the Statement of Work which is included as a separate attachment on FBO. (vii) Date(s) and place(s) of delivery and acceptance and FOB Point. Dates: See Period of Performance Place of Delivery: NOAA/NMFS/PIFSC 1845 Wasp Boulevard, Building 176 Honolulu, HI 96818 All deliveries shall be FOB Destination. All Federal Acquisition Regulation (FAR) clauses listed below are available for download at https://acquisition.gov/far/. (viii) 52.212-1, Instructions to Offerors-Commercial Items (JAN 2017) applies to this acquisition. No addenda are included. (ix) 52.212-2, Evaluation-Commercial Items (OCT 2014) applies to this acquisition as follows: •(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Factor A -- APPROACH AND CAPABILITIES -- Corporate and individual qualifications for the work; adequacy of equipment, materials and facilities proposed; experience with the types of operations identified in the SOW. This factor includes the following subfactors: •· Extent of familiarity with vessel charter operators and survey conditions in CNMI study areas •· The choice of charter vessels, including information on vessel capabilities, including desirable features listed in Purpose, and the ability to provide proof of NMFS Small Boat Safety Program and USGC inspections before the contract will be awarded. •· Access to appropriate permits to facilitate continuity of surveys and all data collection in the event that PIFSC staff is not aboard the vessel. Factor B -- PAST PERFORMANCE -- Performance by the quoter and its subcontractor(s) as it relates to all solicitation requirements will be evaluated. The evaluation will include the quality of supplies and services previously performed, timeliness of performance, customer satisfaction and indication of ability to improve performance through proactive management. Evaluation of this factor will be based on the information contained in the proposal and information provided by references. The government may evaluate past performance by contacting references and/or other sources and may also consider other information available. Factor C -- PRICE-- Technical and past performance, when combined, are significantly more important, when compared to price. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. The government reserves the right to make an award to other than the lowest priced offer or if the contracting officer determines that to do so would result in the best value to the government. Note that any and all costs associated with proposal preparation, are the responsibility of the quoter and will not be reimbursed by the government. (x) The quoter must submit a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Items (NOV 2017) with its quote. (xi) The clause at FAR 52.212-4, Contract Terms and Conditions - Commercial Items (JAN 2017) applies to this acquisition. (xii) The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (JAN 2017) applies to this acquisition. Additional FAR clauses cited in the clause are applicable to the acquisition, as follows. 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items (NOV 2017) •(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (3) 52.233-3, Protest After Award ( Aug 1996) ( 31 U.S.C. 3553 ). (4) 52.233-4, Applicable Law for Breach of Contract Claim ( Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note )). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) ( 41 U.S.C. 4704 and 10 U.S.C. 2402 ). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) ( 41 U.S.C. 3509 )). __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) ( 31 U.S.C. 6101 note ). __ (5) [Reserved] __ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). XX (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note). __ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). __ (10) [Reserved]. __ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) ( 15 U.S.C. 657a ). __ (ii) Alternate I (Nov 2011) of 52.219-3. __ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns ( Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a ). __ (ii) Alternate I ( Jan 2011) of 52.219-4. __ (13) [Reserved] XX (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) ( 15 U.S.C. 644 ). __ (ii) Alternate I (Nov 2011). __ (iii) Alternate II (Nov 2011). __ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) ( 15 U.S.C. 644 ). __ (ii) Alternate I (Oct 1995) of 52.219-7. __ (iii) Alternate II (Mar 2004) of 52.219-7. __ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)). __ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Nov 2016) of 52.219-9. __ (iii) Alternate II (Nov 2016) of 52.219-9. __ (iv) Alternate III (Nov 2016) of 52.219-9. __ (v) Alternate IV (Nov 2016) of 52.219-9. __ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) ( 15 U.S.C. 644(r) ). __ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)). __ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) ( 15 U.S.C. 637(d)(4)(F)(i) ). __ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) ( 15 U.S.C. 657 f ). XX (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) ( 15 U.S.C. 632(a)(2) ). __ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) ( 15 U.S.C. 637(m) ). __ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) ( 15 U.S.C. 637(m) ). XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). __ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126). XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). XX (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). __ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)( 38 U.S.C. 4212 ). XX (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) ( 29 U.S.C. 793 ). __ (31) 52.222-37, Employment Reports on Veterans ( Feb 2016) (38 U.S.C. 4212). __ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). XX (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) ( 22 U.S.C. chapter 78 and E.O. 13627). __ (34) 52.222-54, Employment Eligibility Verification ( Oct 2015 ). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) __ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii) ). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (ii) Alternate I (May 2008) of 52.223-9 ( 42 U.S.C. 6962(i)(2)(C) ). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons ( Jun 2016 ) (E.O. 13693). __ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners ( Jun 2016 ) (E.O. 13693). __ (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment ( Jun 2014 ) (E.O.s 13423 and 13514). __ (ii) Alternate I (Oct 2015) of 52.223-13. __ (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions ( Jun 2014 ) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-14. __ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products ( Dec 2007 ) ( 42 U.S.C. 8259b ). __ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products ( Oct 2015 ) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-16. XX (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving ( Aug 2011 ) (E.O. 13513). __ (43) 52.223-20, Aerosols ( Jun 2016 ) (E.O. 13693). __ (44) 52.223-21, Foams ( Jun 2016) (E.O. 13693). __ (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). __ (46) 52.225-1, Buy American-Supplies (May 2014) ( 41 U.S.C. chapter 83 ). __ (47)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) ( 41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. __ (ii) Alternate I (May 2014) of 52.225-3. __ (iii) Alternate II (May 2014) of 52.225-3. __ (iv) Alternate III (May 2014) of 52.225-3. __ (48) 52.225-5, Trade Agreements ( OCT 2016 ) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). XX (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). __ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150 ). __ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) ( 42 U.S.C. 5150 ). __ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f) ). __ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). XX (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) ( 31 U.S.C. 3332 ). __ (56) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332 ). __ (57) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332 ). __ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a ). __ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(12)). __ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) ( 46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631 ). __ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] __ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495). XX (2) 52.222-41, Service Contract Labor Standards (May 2014) ( 41 U.S.C. chapter 67 ). XX (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67 ). GS 9/ Step 1 $24.89 per hour __ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67 ). XX (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67 ). __ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67 ). __ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) ( 41 U.S.C. chapter 67 ). XX (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015). __ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). __ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) ( 42 U.S.C. 1792 ). __ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) ( 31 U.S.C. 5112(p)(1) ). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- •(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) ( 41 U.S.C. 3509 ). •(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). •(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. •(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015) (vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). (vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) ( 38 U.S.C. 4212 ). (viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) ( 29 U.S.C. 793 ). (ix) 52.222-37, Employment Reports on Veterans (Feb 2016) ( 38 U.S.C. 4212 ) (x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (xi) 52.222-41, Service Contract Labor Standards (May 2014) ( 41 U.S.C. chapter 67 ). (xii) 52.222-50, Combating Trafficking in Persons (Mar 2015) ( 22 U.S.C. chapter 78 and E.O 13627). Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O 13627 ). (xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67 ). (xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) ( 41 U.S.C. chapter 67 ). (xv) 52.222-54, Employment Eligibility Verification ( Oct 2015 ) (E.O. 12989). (xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xvii) 52.222-62, Paid Sick Leave Under Executive Order 13706 ( Jan 2017) (E.O. 13706). (xviii)(A) 52.224-3, Privacy Training ( Jan 2017) (5 U.S.C. 552a). (B) Alternate I ( Jan 2017) of 52.224-3. (xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) ( 42 U.S.C. 1792 ). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) ( 46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631 ). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) Alternate I (Feb 2000). As prescribed in 12.301 (b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to "paragraphs (a), (b), (c), or (d) of this clause" in the redesignated paragraph (d) to read "paragraphs (a), (b), and (c) of this clause." Alternate II (Jan 2017). As prescribed in 12.301 (b)(4)(ii), substitute the following paragraphs(d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows: (d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 ( 5 U.S.C. App. ), or an authorized representative of either of the foregoing officials shall have access to and right to- (i) Examine any of the Contractor's or any subcontractors' records that pertain to, and involve transactions relating to, this contract; and (ii) Interview any officer or employee regarding such transactions. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than- (i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and (ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (A) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) ( 41 U.S.C. 3509 ). (B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (C) 52.219-8, Utilization of Small Business Concerns (Nov 2016) ( 15 U.S.C. 637(d)(2) and (3) ), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (D) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (E) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). (F) 52.222-35, Equal Opportunity for Veterans (Oct 2015) ( 38 U.S.C. 4212 ). (G) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) ( 29 U.S.C. 793 ). (H) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (I) 52.222-41, Service Contract Labor Standards (May 2014) ( 41 U.S.C. chapter 67 ). (J) ___(1) 52.222-50, Combating Trafficking in Persons (Mar 2015) ( 22 U.S.C. chapter 78 and E.O 13627). ___(2) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O 13627 ). (K) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67 ). (L) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) ( 41 U.S.C. chapter 67 ). (M) 52.222-54, Employment Eligibility Verification (Oct 2015) (Executive Order 12989). (N) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (O) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (P)(1)52.224-3, Privacy Training ( Jan 2017) (5 U.S.C. 552a). (2)Alternate I ( Jan 2017) of 52.224-3. (Q) 52.225-26, Contractors Performing Private Security Functions Outside the United States ( Oct 2016 ) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note) (R) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) ( 42 U.S.C. 1792 ). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (S) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) ( 46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631 ). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. Additional contact requirements are as follows: 52.204-13 SYSTEM for Award Management Maintenance (Jul 2013) (a) Definitions. As used in this clause- "Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities, which is used as the identification number for Federal contractors. "Data Universal Numbering System+4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at subpart 32.11 ) for the same concern. "Registered in the System for Award Management (SAM) database" means that- (1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14 ), into the SAM database; (2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database; (3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and (4) The Government has marked the record "Active". "System for Award Management (SAM)" means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes- (1) Data collected from prospective Federal awardees required for the conduct of business with the Government; (2) Prospective contractor-submitted annual representations and certifications in accordance with FAR Subpart 4.14 ; and (3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits. (b) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (c) (1) (i) If a Contractor has legally changed its business name, doing business as name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to- (A) Change the name in the SAM database; (B) Comply with the requirements of subpart 42.12 of the FAR; and (C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (c)(1)(i) of this clause, or fails to perform the agreement at paragraph (c)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the EFT clause of this contract. (3) The Contractor shall ensure that the DUNS number is maintained with Dun & Bradstreet throughout the life of the contract. The Contractor shall communicate any change to the DUNS number to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the DUNS number does not necessarily require a novation be accomplished. Dun & Bradstreet may be contacted (i) Via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or (ii) If located outside the United States, by contacting the local Dun and Bradstreet office. (d) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.acquisition.gov. 1352.201-70 Contracting Officer's Authority The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price. 1352.209-73 Compliance with the laws (APR) The contractor shall comply with all applicable laws, rules and regulations which deal with or relate to performance in accord with the terms of the contract. 1352.209-74 Organizational Conflict of Interest (APR 2010) (a) Purpose. The purpose of this clause is to ensure that the contractor and its subcontractors : (1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work under this contract, and (2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract. (b) Scope. The restrictions described herein shall apply to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest (hereinafter collectively referred to as "contractor") in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both. (c) Warrant and Disclosure. The warrant and disclosure requirements of this paragraph apply with full force to both the contractor and all subcontractors. The contractor warrants that, to the best of the contractor's knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the contractor has disclosed all relevant information regarding any actual or potential conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor's impartiality because of the appearance or existence of bias or an unfair competitive advantage. Such disclosure shall include a description of the actions the contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest. (d) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the contract for default, suspend or debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract. (e) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and (g), in any subcontract or consultant agreement at any tier expected to exceed the simplified acquisition threshold. The terms "contract," "contractor," and "Contracting Officer" shall be appropriately modified to preserve the Government's rights. (f) Prime Contractor Responsibilities. The contractor shall obtain from its subcontractors or consultants the disclosure required in FAR Part 9.507-1, and shall determine in writing whether the interests disclosed present an actual, or significant potential for, an organizational conflict of interest. The contractor shall identify and avoid, neutralize, or mitigate any subcontractor organizational conflict prior to award of the contract to the satisfaction of the Contracting Officer. If the subcontractor's organizational conflict cannot be avoided, neutralized, or mitigated, the contractor must obtain the written approval of the Contracting Officer prior to entering into the subcontract. If the contractor becomes aware of a subcontractor's potential or actual organizational conflict of interest after contract award, the contractor agrees that the Contractor may be required to eliminate the subcontractor from its team, at the contractor's own risk. (g) Waiver. The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the contractor may at any time seek a waiver from the Head of the Contracting Activity by submitting such waiver. 1352.245-70 Government furnished property (APR 2010) The Government will provide the following item(s) of Government property to the contractor. The contractor shall be accountable for, and have stewardship of, the property in the performance of this contract. This property shall be used and maintained by the contractor in accordance with provisions of the "Government Property" clause included in this contract. Item No. Description Quantity Delivery date Property/Tag No. (if applicable) As per the Statement of Work (End of clause) 1352.270-70 Period of Performance (APR 2010) (a) The base period of performance of this contract is from February 5, 2018 through December 31, 2018. If an option is exercised, the period of performance shall be extended through the end of that option period. (b) The option periods that may be exercised are as follows: Period Start date End date Option I March 1, 2018 December 31, 2018 52.204-13 SYSTEM for Award Management Maintenance (Jul 2013) (a) Definitions. As used in this clause- "Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities, which is used as the identification number for Federal contractors. "Data Universal Numbering System+4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at subpart 32.11 ) for the same concern. "Registered in the System for Award Management (SAM) database" means that- (1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14 ), into the SAM database; (2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database; (3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and (4) The Government has marked the record "Active". "System for Award Management (SAM)" means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes- (1) Data collected from prospective Federal awardees required for the conduct of business with the Government; (2) Prospective contractor-submitted annual representations and certifications in accordance with FAR Subpart 4.14 ; and (3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits. (b) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (c) (1) (i) If a Contractor has legally changed its business name, doing business as name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to- (A) Change the name in the SAM database; (B) Comply with the requirements of subpart 42.12 of the FAR; and (C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (c)(1)(i) of this clause, or fails to perform the agreement at paragraph (c)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the EFT clause of this contract. (3) The Contractor shall ensure that the DUNS number is maintained with Dun & Bradstreet throughout the life of the contract. The Contractor shall communicate any change to the DUNS number to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the DUNS number does not necessarily require a novation be accomplished. Dun & Bradstreet may be contacted (i) Via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or (ii) If located outside the United States, by contacting the local Dun and Bradstreet office. (d) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.acquisition.gov. (End of clause) 52.217-8 Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 10 days of expiration. (End of Clause) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) (a) The Government may extend the term of this contract by written notice to the Contractor any time prior to contract expiration ; provided that the Government gives the Contractor a preliminary written notice of its intent to extend before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 11 months. 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) (a) Except as stated in paragraph (b) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern: (1) Any such clause is unenforceable against the Government. (2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause. (3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement. (b) Paragraph (a) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures. 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) (a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor. (b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. (c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items. 52.252-2 Clauses Incorporated By Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://acqquisition.gov/far (End of clause) 1330-52.203-70 Scientific Integrity and Research Misconduct (a) Definitions. As used in this provision - Scientific activities mean activities that involve inventorying, monitoring, observations, experimentation, study, research, integration, modeling, and scientific assessment. Scientific integrity means the condition resulting from adherence to professional values and practices when conducting and applying the results of science that ensures objectivity, clarity, and reproducibility, and that provides insulation from bias, fabrication, falsification, plagiarism, interference, censorship, and inadequate procedural and information security. Presentation of scientific activities results includes the analysis, synthesis, compilation, or translation of scientific information and data into formats for the use of the Department of Commerce or the United States of America. Scientific and Research Misconduct means fabrication, falsification, or plagiarism in proposing, performing, or reviewing scientific and research activities, or in the products or reporting of the results of these activities. It specifically includes intentional circumvention of the integrity of the scientific and research process and actions that compromise that process, but does not include honest error or differences of opinion. Investigation is formal collection and evaluation of information and facts to determine if scientific or research misconduct can be established, to assess its extent and consequences, and to recommend appropriate action. (b) General Guidelines Maintaining Integrity. The Contractor shall maintain the scientific integrity of research performed pursuant to this contract award including the prevention, detection, and remediation of research misconduct, and the conduct of inquiries, investigations and adjudications of allegations of research misconduct. In performing or presenting the results of scientific activities under the contract, and in responding to allegations of scientific and research misconduct, the Contractor shall comply with the provisions herein and NOAA Administrative Order (NAO) 202-735D, Scientific Integrity, and its Procedural Handbook, including any amendments thereto. Primary Responsibility. The Contractor shall have the primary responsibility to prevent, detect, and investigate allegations of scientific and research misconduct. Unless otherwise instructed by the contracting officer, the Contractor shall promptly conduct an initial inquiry into any allegation of such misconduct and may rely on its internal policies and procedures, as appropriate, to do so. By executing this contract, the Contractor provides its assurance that it has established an administrative process for performing an inquiry, investigating, and reporting allegations of scientific and research misconduct; and that it will comply with its own administrative process for performing an inquiry, investigation and reporting of such misconduct. The Contractor shall insert the substance of this provision in subcontracts at all tiers that involve research being performed under this contract. (c) Investigating Misconduct Research Initiating Investigation. If the Contractor determines that there is sufficient evidence to proceed to an investigation, it shall notify the contracting officer and, unless otherwise instructed, the Contractor shall: Promptly conduct an investigation to develop a complete factual record and an examination of such record leading to either a finding of scientific and research misconduct and an identification of appropriate remedies or a determination that no further action is warranted. If the investigation leads to a finding of scientific and research misconduct, obtain adjudication by a neutral third party adjudicator. The adjudication must include a review of the investigative record and, as warranted, a determination of appropriate corrective actions and sanctions. •2. Finalizing Investigation. When the investigation is complete, the Contractor shall forward to the contracting officer a copy of the evidentiary record, the investigative report, any recommendations made to the Contractor's adjudicating official, the adjudicating official's decision and notification of any corrective action taken or planned, and the subject's written response (if any). (d) Findings and Corrective Actions If the Contractor finds that scientific and research misconduct has occurred, it shall assess the seriousness of the misconduct and its impact on the research completed or in process and shall: Take all necessary corrective actions, which includes, but are not limited to, correcting the research record, and, as appropriate, imposing restrictions, controls, or other parameters on research in process or to be conducted in the future, and Coordinate remedial action with the contracting officer. (e) Department of Commerce Actions The Department of Commerce may accept the Contractor's findings or proceed with its own investigation, in which case the Contractor shall fully cooperate with the investigation. The contracting officer will inform the Contractor of the Department's final determination. The Department of Commerce reserves the right to pursue such remedies and other actions as it deems appropriate, consistent with the terms and conditions of the contract and applicable laws and regulations. Such remedies and actions may include, but are not limited to, disallowance of costs, recoupment of contract payments, and suspension or debarment. 1330-52.242.70 Submittal of Invoices The Contractor shall prepare and submit an invoice to the COR for approval [with a copy to the contracting officer for information]. All invoices shall be submitted by the 10th day of the subsequent month. To constitute a proper invoice, the contractor's invoice shall be prepared in accordance with, and contain all elements specified in, the paragraph titled, "Contractor's Invoice," of the applicable prompt payment provision of the contract (e.g., FAR 52.232-25, Prompt Payment; FAR 52.232-26, Prompt Payment for Fixed-Price Architect Engineer Contracts; or FAR 52.232-27, Prompt Payment for Construction Contracts). For contracts and orders for commercial items and services, paragraph (g) of FAR 52.212-4, titled, "Invoices," applies. If the invoice does not comply with the applicable prompt payment provision of the contract, the COR will return it to the contractor within seven days after the date the designated office received the invoice along with a statement as to the reasons why it is not a proper invoice. AWARDS EXPECTED TO GENERATE ENVIRONMENTAL DATA OR PEER-REVIEWED PUBLICATIONS (OCT 2016) Special Award Conditions: 1. Data Sharing: Environmental data collected, created, or generated under this contract or order must be made publicly visible and accessible in a timely manner, free of charge or at minimal cost that is no more than the cost of distribution to the user, except where limited by law, regulation, policy, or national security requirements. Data are to be made available by the contractor in a form that would permit further analysis or reuse: data must be encoded in a machine-readable format, preferably using existing open format standards; data must be sufficiently documented, preferably using open metadata standards, to enable users to independently read and understand the data. The location (internet address) of the data should be included in the final report. Pursuant to NOAA Information Quality Guidelines, data should undergo quality control (QC) and a description of the QC process and results should be referenced in the metadata. Link to guidelines: http://www.cio.noaa.gov/services_programs/IQ_Guidelines_103014.html 2. Environmental data are defined by NOAA Administrative Order (NAO) 212-15: Management of Environmental Data and Information as recorded and derived observations and measurements of the physical, chemical, biological, geological, and geophysical properties and conditions of the oceans, atmosphere, space environment, sun, and solid earth, as well as correlative data such as socio-economic data (personally-identifiable information regarding human subjects must be properly protected or removed), related documentation, and metadata. Digital audio or video recordings of environmental phenomena (such as animal sounds or undersea video) are included in this definition. Numerical model outputs (the data produced by computer simulations of environmental processes) are included in this definition, particularly if they are used to support the conclusion of a peer-reviewed publication. Data collected in a laboratory or other controlled environment, such as measurements of animals and chemical processes, are included in this definition. This does not apply to laboratory notebooks, preliminary analyses, drafts of scientific papers, plans for future research, peer review reports, communications with colleagues, or physical objects, such as laboratory specimens. 3. Data Accessibility: Approved submission of data by the contractor to NOAA National Centers for Environmental Information (NCEI), or to a publicly accessible data repository as specified in the approved Data Management Plan, shall be sufficient to satisfy the data accessibility requirement as of the date the submission was performed. The contractor shall notify the NOAA Program Official when data accessibility has been performed. After the acceptance of data by the government, unless specifically required in the solicitation, Data Management Guidance, and period of performance of the contract, the contractor is not required to maintain the data. Once the performance period for the contract has expired, the contractor is no longer responsible for maintaining this information. If the data are not submitted to NCEI, but are instead made accessible by some other means (e.g., on a web server hosted by the contractor) then contractor should explain plan for continued availability after the contract period ends. 4. Timeliness: Data accessibility must occur no later than publication of a peer-reviewed article based on the data, or two years after the data are collected and verified, or two years after the original end date of the contract or order (not including any extensions or follow-on funding), whichever is soonest, unless an extension to the date for data submission has been authorized by the Contracting Officer in coordination with the NOAA Program Official. 5. Disclaimer: The Contractor shall ensure the following statement accompanies data produced under this award and made available to the public: "These data and related items of information have not been formally disseminated by NOAA, and do not represent any agency determination, view, or policy." 6. Failure to Share Data: Failure or delay on the part of the contractor to make environmental data accessible in accordance with the approved Data Management Plan, unless authorized by the Contracting Officer, may lead to enforcement actions, and will be considered by NOAA when making future award decisions. The contractor is responsible for ensuring subcontractors also meet these conditions. 7. Funding acknowledgement: Federal funding sources shall be identified by the contractor in all scholarly publications. An Acknowledgements section shall be included in the body of the publication stating the relevant contract award number. In addition, funding sources shall be reported during the publication submission process using the FundRef 2 mechanism, located at http://www.crossref.org/fundref/, if supported by the Publisher. 8. Manuscript submission: The final pre-publication manuscripts of scholarly publications produced with NOAA funding shall be submitted to the NOAA Institutional Repository located at http://library.noaa.gov/repository after acceptance, and no later than upon publication, of the paper or article by a journal. NOAA will produce a publicly visible catalog entry directing users to the published version of the article. After an embargo period of one year after publication, NOAA will make the manuscript itself publicly visible, free of charge, while continuing to direct users to the published version of record. 9. Data Citation: Publications based on data, and new products derived from source data, must cite the data used according to the conventions of the Publisher, using unambiguous labels such as Digital Object Identifiers (DOIs). All data and derived products that are used to support the conclusions of a peer-reviewed publication must be made available in a form that permits verification and reproducibility of the results. (End of contract language) STATEMENT OF WORK I. BACKGROUND The National Marine Fisheries Service (NMFS) of the National Oceanic and Atmospheric Administration (NOAA) requires assistance in the collection of occurrence, group size, and tissue sampling for assessment of occurrence, population identification, and short-term movements of humpback whales and other cetaceans in the Marianas Archipelago. The PIFSC will be conducting shore and small boat-based surveys in Saipan, Commonwealth of the Northern Mariana Islands (CNMI) in February-March 2018 as part of this work. II. PURPOSE The primary purpose (Task 1) of this contract is to secure assistance with collection of species occurrence, identification photographs, and biopsy samples, and deployment of satellite telemetry tags during a PIFSC-lead cetacean survey effort in Saipan, CNMI in February-March 2018. The PIFSC cetacean program staff will lead the survey effort, including the determination of daily survey routes and priorities. The contractor must provide two skilled cetacean observers and daily vessel charter services to assist PIFSC with this project. The contractor must have previous experience conducting cetacean surveys from small vessels in moderate and poor sea conditions, including driving the vessel during cetacean encounters, as well as experience with collecting location data, providing group size estimates, and collecting behavioral observations of cetaceans. In addition, the contractor must have prior experience in the collection of tissue samples from cetaceans using a crossbow, knowledge of and experience with proper sample handling protocols, and the skills and expertise to deploy LIMPET satellite tags onto medium and large-sized cetaceans. In addition, PIFSC may pursue additional opportunistic survey effort from Saipan after the primary survey has ended (optional Task 2). Opportunistic survey effort will be carried out entirely by the contractor, generally without PIFSC staff present. Opportunistic effort will be directed by PIFSC program leads if there are reports of humpback whales or other species of interest near Saipan and weather is suitable for more limited survey operations. The contractor would provide one to two skilled cetacean observers and daily vessel charter services to assist PIFSC with this project. All other skills, experience, and charter vessel requirements are the same as for Task 1. Personnel requirements for Task 1 : Two skilled cetacean observers are required for this contract. Each observer must have the following qualifications upon arrival for the field project: •- at least three years of cumulative field experience on marine mammals and working from small boats. •- ability to identify all common tropical cetaceans to species in the field. •- ability to accurately estimate group size. •- ability to evaluate cetacean behavior. •- experience taking excellent quality identification photographs with digital SLR cameras fitted with up to 400mm lenses. •- experience collecting and processing biopsy samples. In addition, at least of the contracted observers must have these additional qualifications upon arrival for the field project: •- experience preparing LIMPET satellite tags for deployment, including proper species-specific tag programming, cleaning and sterilization of tag darts, tag assembly, and rifle maintenance. •- deploying LIMPET satellite tags onto medium and large-sized cetaceans using an air rifle. Vessel requirements for Task 1 : Small vessels must be chartered on Saipan by the contractor for this project. Small vessels must have the following characteristics: •- be at least 20 feet long, and able to safely carry at least 4 passengers. •- capable of maintaining survey speeds of at least 9 kts. •- have an endurance of at least 7 hours continuously on the water and range of at least 150km without refueling (i.e. the ability to circumnavigate Saipan or Tinian). •- maintain all appropriate safety equipment, meeting Coast Guard and NMFS Small Boat Safety Program inspection requirements. •- be configured such that biopsy sampling and photo-identification can be conducted from the bow while maintaining clear communication with the vessel captain. Further, it is desirable for vessels to have the following additional characteristics: •- have twin engines for safety and maneuverability. •- a flying bridge capable of accommodating at least 3 observers. •- maintain good maneuverability around small cetaceans. •- allow survey staff to drive the vessel during biopsy and satellite tagging operations. Personnel requirements for optional Task 2: One to three skilled cetacean observer(s) must each have the following qualifications upon arrival for the field project: •- at least three years of cumulative field experience on marine mammals and working from small boats. •- ability to identify all common tropical cetaceans to species in the field. •- ability to accurately estimate group size. •- ability to evaluate cetacean behavior. •- experience taking excellent quality identification photographs with digital SLR cameras fitted with up to 400mm lenses. •- experience collecting and processing biopsy samples. Vessel requirements for optional Task 2 : Small vessels must be chartered on Saipan by the contractor for this project. Small vessels must have the following characteristics: •- be at least 20 feet long, and able to safely carry at least 4 passengers. •- capable of maintaining survey speeds of at least 9 kts. •- have an endurance of at least 7 hours continuously on the water and range of at least 150km without refueling (i.e. the ability to circumnavigate Saipan or Tinian). •- maintain all appropriate safety equipment, meeting Coast Guard and NMFS Small Boat Safety Program inspection requirements. •- be configured such that biopsy sampling and photo-identification can be conducted while maintaining clear communication with the vessel captain. Further, it is desirable for vessels to have the following additional characteristics: •- have twin engines for safety and maneuverability. •- a flying bridge capable of accommodating at least 3 observers. •- maintain good maneuverability around small cetaceans. •- allow survey staff to drive the vessel during satellite tagging operations. III. CONTRACT TASKS •A. Tasks Task 1: The Contractor will be required to provide charter vessels and observers in support of small boat surveys in the waters surrounding Saipan and Tinian. The Contractor shall fulfill the following requirements: Work with PIFSC personnel to carry out surveys in CNMI, including timely communication with designated shore contacts twice daily: before departing and after returning from the survey. Make arrangements with (and pay for) charter vessels that will be used for conducting cetacean surveys. Provide two qualified marine mammal observers, including payment of associated travel to/from CNMI and lodging, vehicle rental, and M&IE during the survey period, as well as transport of assigned survey gear to Guam/CNMI or between Guam and Saipan. When necessary, the Contractor may be responsible for inspecting and driving the chartered vessel and is required to have NOAA small boat certification training. Be responsible for finding accommodations and making travel arrangements to and while in CNMI. Accommodations must include internet connectivity for programming satellite tags and checking daily weather reports. Collect photo-id data and biopsy samples. Prepare and deploy up top 10 SPOT5 or MK10 LIMPET satellite tags onto cetaceans. Process photos per instruction from PIFSC staff. Process biopsy samples per instructions from PIFSC staff. Collect acoustic data from select species when opportunities arise. Provide limited expendable supplies as needed during the survey (ice for sample storage, line for securing equipment on vessels, etc.). Task 2 - (Optional): If funded, the Contractor will conduct opportunistic small boat surveys in the waters surrounding Saipan and Tinian in response to reported aggregations of humpback whales or other species of interest, to obtain follow-up data on tagged whales, or in the event of good weather and open access for survey near Farallon de Medinilla (FDM). The Contractor shall fulfill the following requirements: Communicate with PIFSC personnel to discuss appropriate survey opportunities and carry out surveys from Saipan, including timely communication with designated shore contacts twice daily: before departing and after returning from the survey. Make arrangements with (and pay for) charter vessels that will be used for conducting cetacean surveys. Provide qualified marine mammal observers, including payment of associated travel to/from CNMI and lodging, vehicle rental, and M&IE during the survey period, if needed. Collect photo-id data and biopsy samples, when possible. Process photos per instruction from PIFSC staff. Process biopsy samples per instructions from PIFSC staff. Provide limited expendable supplies as needed during the survey (ice for sample storage, line for securing equipment on vessels, etc.). Possess appropriate permits for approaching and sampling cetaceans. B. Deliverables Deliverables for Task 1 and 2 are due upon completion of the survey effort: Contribute to photo data set, including proper file naming scheme, addition of IPTC fields and geospatial data per PIFSC-provided protocol. Completed and verified sighting data, photo, biopsy, and tag deployment information entered into provided database format. Biopsy samples processed and properly stored in frozen state for later transport to PIFSC. Assist with project reporting, including formulation of text, tables, and figures as needed. C. INVOICING AND DELIVERABLES SCHEDULE Task 1: Due Date Deliverable Activity % of Payment * Pre-field preparation, logistics, mobilization and setup for cetacean surveys * * Field operations conducting small vessel surveys * 12/31/2018 Final Reporting * * Deliverable due dates and % of payment shall be determined at the time of award per mutual agreement of the government and the successful vendor. Task 2 (Optional): Due Date Deliverable Activity % of Payment * Field operations conducting small vessel surveys Contractor will be paid a daily rate for each day of survey operations completed - 5 %. The additional 5 percent will be held until final reporting is completed. 12/31/2018 Final Reporting 5% * Deliverable due dates shall be determined at the time of award per mutual agreement of the government and the successful vendor. IV. GOVERNMENT-PROVIDED AND CONTRACTOR-PROVIDED PROPERTY The Government will provide the observation equipment required for the contracted tasks above. The Contractor will provide personal effects that might be desired while in CNMI. The Contractor will obtain use of charter vessels for all small boat surveys in CNMI. When necessary, the contractor will obtain fuel for the small boat surveys. V. REPORTING REQUIREMENTS AND DELIVERABLES: The Contractor shall be required to complete and submit all data and samples collected, including a dataset log from the marine mammal surveys throughout operations of the field season. The Contractor will be instructed by the PIFSC on the sampling protocol and on the format of the dataset logs. VI. PERIOD OF PERFORMANCE: The purchase order shall begin on or before February 5, 2018 and end December 30, 2018. Task 1 (proposed schedule): •· February 15, 2018 - Observers available in Saipan to assist with survey setup. •· February 16-27, 2018 - Conduct small vessel surveys based from Saipan (9 total survey days, 12 total days on location). •· March 1, 2018 - Provide any data held by the contractor to the PIFSC project manager. •· December 31, 2018 - Provide documentation for and review of final project reports Task 2 (proposed schedule): •· March-June 2018 - Conduct opportunistic surveys as coordinated with PIFSC project leads. •· June 30, 2018 - Provide any data held by the contractor to the PIFSC project manager. •· December 31, 2018 - Provide documentation for and review of final project reports. VII. QUOTE PREPARATION Quotes shall include a breakdown with the following information: Task 1 : •· Pre-survey planning costs. •· Daily cost for observers and vessel charters for the survey duration (i.e cost per day for 12 days on-site and 2 travel days). •· Travel estimate (reimbursement will not exceed Government hotel and per diem rates for the specific location). •· Post-survey demobilization costs. Task 2 : •· Cost per day of opportunistic survey effort (observers and vessel charter) up to 5 days. The following provisions also apply: 1352.233-70 AGENCY PROTESTS (a) An agency protest may be filed with either: (1) The contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 FR 16,651 (April 6, 1999). (b) Agency protests filed with the Contracting Officer shall be sent to the following address: National Marine Fisheries Service Pacific Islands Fisheries Science Center 1845 Wasp Boulevard, Building 176 Honolulu, HI 96818. (c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: U.S. Department of Commerce Office of Assistant General Counsel for Finance and Litigation Contract Law Division Herbert C. Hoover Building 14th Street and Constitution Avenue NW, Room H5882 Washington DC 20230 FAX: (202) 482-5858 (d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority. (e) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce, Office of the General Counsel Chief, Contract Law Division, Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, NW Washington, DC 20230. FAX: (202) 482-5858 1352.233-71 GAO and Court of Federal Claims Protests (APR 2010) (a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed. (b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims. (c) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, NW. Washington, DC 20230 52.204-7 System for Award Management (Jul 2013) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://acquisition.gov/far/ 1330-52.270-304 NOAA Acquisition and Grants Office Ombudsman (a) The NOAA Acquisition and Grants Office (AGO) Ombudsman is available to organizations to promote responsible and meaningful exchanges of information. Generally, the purpose of these exchanges will be to: •1. Allow contractors to better prepare for and propose on business opportunities. •2. Advise as to technologies and solutions within the marketplace that the Government may not be aware of, or is not fully benefiting •3. Identify constraints in transparency (b) The AGO Ombudsman will objectively, reasonably, and responsibly collaborate with parties and recommend fair, impartial, and constructive solutions to the matters presented to him/her. Further, the AGO Ombudsman will maintain the reasonable and responsible confidentiality of the source of a concern, when such a request has been formally made by an authorized officer of an organization seeking to do business with, or already doing business with NOAA. (c) Before consulting with the AGO Ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations with the respective contracting officer for resolution. However, direct access to the AGO Ombudsman may be sought when an interested party questions the objectivity or equity of a contracting officer's decision, or when there is a bona fide reason to believe that reasonable, responsible, and objective consideration will not be received from an assigned contracting officer. (d)There are several constraints to the scope of the AGO Ombudsman's authority, for instance: •1. Consulting with the AGO Ombudsman does not alter or postpone the timelines of any formal process (e.g., protests, claims, debriefings, employee employer actions, activities involving A76 competition performance decisions, judicial or congressional hearings, or proposal, amendment, modification or deliverable due dates). •2. The AGO Ombudsman cannot participate in the evaluation of proposals, source selection processes, or the adjudication of protests or formal contract disputes. •3. The AGO Ombudsman is not authorized to generate or alter laws, judicial decisions, rules, policies, or formal guidance. •4. The AGO Ombudsman is not authorized to develop or alter opportunity announcements, solicitations, contracts, or their terms or conditions. •5. The AGO Ombudsman cannot overrule the authorized decisions or determinations of the contracting officer. •6. The AGO Ombudsman has no authority to render a decision that binds AGO, NOAA, the Department of Commerce, or the S. Government. •7. The AGO Ombudsman is not NOAA's agent relative to the service of magistrate or judicial process and cannot be used to extend service of process to another party (whether federal, public, or a private entity). (e) After review and analysis of a filed concern or recommendation, the AGO Ombudsman may refer the interested party to another more suitable federal official for consideration. Moreover, concerns, disagreements, and/or recommendations that cannot be resolved by the AGO Ombudsman will need to be pursued through more formal venues. (f) The AGO Ombudsman is not to be contacted to request copies of forms and/or documents under the purview of a contracting officer. Such documents include Requests for Information, solicitations, amendments, contracts, modifications, or conference materials. (g) Questions regarding items (a) through (f) within this language shall be directed to Rafael Roman, NOAA AGO Ombudsman, at Rafael.Roman@noaa.gov. (End of solicitation and contract language) INSTRUCTION TO OFFERORS - AWARDS EXPECTED TO GENERATE ENVIRONMENTAL DATA OR PEER-REVIEWED PUBLICATIONS (OCT 2016) 1. Environmental data and information collected, created, or produced under NOAA contracts or orders must be made discoverable by and accessible to the general public, in a timely fashion (typically within two years), free of charge or at no more than the cost of reproduction, unless an exemption, waiver, or extension is authorized by the NOAA Program. Data must be available in at least one machine-readable format, preferably a widely used or open-standard format, and must be accompanied by machine-readable documentation (metadata), preferably based on widely used or international standards. 2. Environmental data are defined by NOAA Administrative Order (NAO) 212-15: Management of Environmental Data and Information as recorded and derived observations and measurements of the physical, chemical, biological, geological, and geophysical properties and conditions of the oceans, atmosphere, space environment, sun, and solid earth, as well as correlative data such as socio-economic data (personally-identifiable information regarding human subjects must be properly protected or removed), related documentation, and metadata. Digital audio or video recordings of environmental phenomena (such as animal sounds or undersea video) are included in this definition. Numerical model outputs (the data produced by computer simulations of environmental processes) are included in this definition, particularly if they are used to support the conclusion of a peer-reviewed publication. Data collected in a laboratory or other controlled environment, such as measurements of animals and chemical processes, are included in this definition. This does not apply to laboratory notebooks, preliminary analyses, drafts of scientific papers, plans for future research, peer review reports, communications with colleagues, or physical objects, such as laboratory specimens. 3. Offerors must include a Data Management Plan of up to two pages describing how these requirements will be satisfied. The Data Management Plan shall be aligned with the Data Management Guidance provided by NOAA in this solicitation. The Data Management Plan and past performance regarding such plans, will be evaluated for award. A plan shall include descriptions of the types of environmental data and information expected to be created during the course of the project; the tentative date by which data accessibility will occur; maintenance or updates to the data (if required); the standards to be used for data/metadata format and content; methods for providing data access; approximate total volume of data to be collected; and prior experience in making such data accessible. Approved submission of data by the contractor to NOAA National Centers for Environmental Information (NCEI), or to a publicly-accessible data repository approved by the NOAA Program Office, shall be sufficient to satisfy the data accessibility requirement as of the date the submission was performed. After the acceptance of data by the government, unless specifically required in the contract, Data Management Guidance, and period of performance of the contract, the contractor is not required to maintain the data. Once the performance period for the contract has expired, the contractor is no longer responsible for maintaining this information. If the data are not submitted to NCEI, but are instead made accessible by some other means (e.g., on a web server hosted by the contractor) then the contractor shall identify the plan for continued availability. 4. The costs of data preparation, accessibility, maintenance (if required), or archiving may be included in the price unless otherwise stated in the Data Management Guidance. Accepted submission of data to the NCEI is one way to satisfy data sharing requirements; however, NCEI is not obligated to accept all submissions and may charge a fee, particularly for large or unusual datasets. 5. The Data Management Plan shall be incorporated into the resultant contract or order. NOAA may, at its own discretion, make publicly visible the Data Management Plan from funded proposals, or use information from the Data Management Plan to produce a formal metadata record and include that metadata in a Catalog to indicate the pending availability of new data. 6. Contractors are hereby advised that the final pre-publication manuscripts of scholarly articles produced pursuant to the resultant contract or order will be required to be submitted to NOAA Institutional Repository located at http://library.noaa.gov/repository after acceptance, and no later than upon publication. Such manuscripts shall be made publicly available by NOAA no later than one year after publication by the journal. (End of solicitation language) (xiv) Defense Priorities and Allocations System (DPAS) and assigned ratings do not apply. (xv) Quotes are required to be received in the contracting office no later than 2:00 p.m. Hawaii-Aleutian Standard Time (HAST) on January 16, 2018. (xvi) All quotes must be emailed to the attention of Contracting Officer Stephanie Garnett at: Stephanie.M.Garnett@noaa.gov. For information regarding the solicitation, the Contracting Officer may be contacted via phone at (808) 725-5356. To be considered, firms must furnish detailed information concerning their capability to provide the required services. Such information shall include (at a minimum): company name, telephone number, address, DUNS number, email address, Standard Form 18, a price proposal and a technical proposal demonstrating the firm's capability to meet the specified requirements. All vendors doing business with the Government are required to be registered in the System for Award Management (SAM) database prior to award of a purchase order. Vendors may register with SAM by calling 1 (866) 606-8220. In order to be eligible to receive an award, offerors must have a Dun & Bradstreet Number. A Dun & Bradstreet number may be acquired free of charge by contacting Dun & Bradstreet on-line at https://iupdate.dnb.com/iUpdate/companylookup.htm.
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B -- Cetacean Surveys in the Commonwealth of the Northern Marianas Islands