Non-personal services for vessel Charter for Deep Water Acoustic Georges Bank and Gulf of Maine: Recover and redeploy of acoustic recording unit SoundTrap 600s and NRS08charter vessel to support mooring work in the northern Gulf of Alaska
COMBINED SYNOPSIS/SOLICITATION Non-personal services for vessel Charter for Deep Water Acoustic Georges Bank and Gulf of Maine: Recover and redeploy of acoustic recording unit SoundTrap 600s and NRS08... COMBINED SYNOPSIS/SOLICITATION Non-personal services for vessel Charter for Deep Water Acoustic Georges Bank and Gulf of Maine: Recover and redeploy of acoustic recording unit SoundTrap 600s and NRS08charter vessel to support mooring work in the northern Gulf of Alaska for the National Marine Fisheries Service (NMFS). (I) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice and in accordance 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) This solicitation is issued as a request for quotation (RFQ). Submit written quotes on RFQ Number 1305M322QNFFM0073DR. (III) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-07 (AUG 2022) (Deviation 2020-11)(AUG 2020) (IV) This solicitation is being issued as a total small business set-aside. The associated NAICS code is 483114. The small business size standard is 500. (V) This combined solicitation/synopsis is for purchase of the following commercial services: Line Item 0001 – Base Period: Services, non-personal, to provide all equipment, labor, and materials (unless otherwise provided herein) necessary for a vessel Charter for Deep Water Acoustic Georges Bank and Gulf of Maine: Recover and redeploy of acoustic recording unit SoundTrap 600s and NRS08 in accordance with the statement of work. is attached the Request for Quote form SF18. The period of performance is stated in the statement of work. Line Item 0002 – Base Period: Fuel for Vessel Charter for Deep Water Acoustic Georges Bank and Gulf of Maine: Recover and redeploy of acoustic recording unit SoundTrap 600s and NRS08. Line Item 0003 – Optional days for base period – Vessel Charter for Gulf of Maine: Recover and redeploy of acoustic recording unit SoundTrap 600s (up to 6 days per trip: one trip in March 2023, one in August 2023) (per the SOW). Line Item 0004 – Optional fuel for optional days for the base period – Fuel for Vessel Charter for Deep Water Acoustic Georges Bank and Gulf of Maine: Recover and redeploy of acoustic recording unit SoundTrap 600s and NRS08. Line Item 1001 – Option year 1 - Vessel Charter for Gulf of Maine: Recover and redeploy of acoustic recording unit SoundTrap 600s (2 trips - each 5-6 days per trip)(per the SOW). Line Item 1002 – Option year 1 - Fuel for Vessel Charter for Deep Water Acoustic Georges Bank and Gulf of Maine: Recover and redeploy of acoustic recording unit SoundTrap 600s and NRS08. Line Item 2001- Option year 2 - Vessel Charter for Gulf of Maine: Recover and redeploy of acoustic recording unit SoundTrap 600s (1 trip) (per the SOW). Line Item 2002 – Option year 2 - Fuel for Vessel Charter for Deep Water Acoustic Georges Bank and Gulf of Maine: Recover and redeploy of acoustic recording unit SoundTrap 600s and NRS08. (VI) Description of requirements is as follows: See attached Statement of Work which applies to all line items which is attached to the Request for Quote form SF18. (VII) Place of performance: To be determined (VIII) FAR 52.212-1 Instructions to Offerors-Commercial Items (Nov 2021) applies to this acquisition and is in full text in the RFQ SF18. NOTICE TO OFFERORS: Instructions for submitting quotations under this request for quote must be followed. Failure to provide all information to aid in the evaluation may be considered non-responsive. Offers that are nonresponsive may be excluded from further evaluation and rejected without further notification to the offeror. In addition to written price quotes, offers are instructed to provide: 1. Quotes shall be fully executed and returned on the Standard Form (SF) 18 and any acknowledgements of solicitation amendments on the SF 30 (if any are issued). 2. Submit quotations to the office specified in this solicitation at or before the time specified in the solicitation. Email quotes are acceptable and can be sent to Diana.Romero@noaa.gov. 3. At a minimum the contractor shall provide the following information: a) Point of contact name, telephone and E-mail address. b) Vendor Unique Entity ID from SAM.gov c) Cage Code 4. Provide all evaluation criteria in accordance with 52.212-2 in this package. 5. The offeror shall complete the annual representations and certifications electronically in System for Award Management at https://www.sam.gov/portal/public/SAM/ in order to be considered for award. “THE GOVERNMENT DOES NOT ACCEPT RESPONSIBILITY FOR NON-RECEIPT OF QUOTES. IT IS THE CONTRACTOR’S RESPONSIBILITY TO REQUEST AND RECEIVE A CONFIRMATION OF THE QUOTE” CONTRACTORS MUST BE ACTIVE IN SAM IN ORDER FOR QUOTES TO BE ACCEPTABLE. (IX) FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (NOV 2021) applies to this acquisition. Offers will be evaluated based on price and the factors set forth in paragraph (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. Paragraph (a) is hereby completed as follows: Evaluation will be based on: 1) Technical Capability/Qualifications: - It is the contractor’s responsibility to provide the quote, all necessary documentation and/or information for the government to make a determination that all experience and skills are met by the contractor. 2) Past Performance – quote shall include at least 2 references for similar services including the name, phone number, full address and email address. The government will use its discretion to determine the sources of past performance information used in the evaluation, and the information may be obtained from references provided by the offeror, the agency’s knowledge of the contractor’s performance, other government agencies or commercial entities, or past performance databases, and past performance will be based on responsiveness, timeliness, quality, and customer service. 3) Price. The Government intends to award a best value trade-off, firm fixed-price purchase order on an all or none basis with payment terms of Net 30. (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. (End of provision) (X) FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL Products and Commercial Services (MAY 2022) (DEVIATION 2020-11) (AUG 2020) applies to this acquisition and is in full text in the RFQ SF-18 applies to this acquisition and is in full text in the RFQ SF-18.The offeror shall complete the annual representations and certifications electronically in System for Award Management at https://www.sam.gov/portal/SAM/#1. The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision. The offeror shall complete the annual representations and certifications electronically in System for Award Management at https://www.sam.gov/portal/public/SAM/ (XI) The clause at FAR 52.212-4 Contract Terms and Conditions—Commercial Items (NOV 2021) (Deviation 2017-02) (Aug 2017), applies to this acquisition and is in full text attached to the Request for Quote form SF18. (XII) FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (MAY 2022) (Deviation 2021-06) (Sept 2021) (Deviation 2020-11) (Aug 2020) (Deviation 2020-05) (Apr 2020) (Deviation 2017-05)(Sept 2017) applies to this acquisition and is in full text in the RFQ SF18. (XIII) The following clauses/provisions are also applicable to this acquisition: 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://www.acquisition.gov/browse/index/far (End of provision) 52.252-5 Authorized Deviations in Provisions (Nov 2020) (a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision. (b) The use in this solicitation of any Commerce Acquisition Regulation (CAR)(48 CFR Chapter 1352) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of clause) 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://www.acquisition.gov/far/ (End of clause) 52.252-6 Authorized Deviations in Clauses (Nov 2020) (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this solicitation or contract of any Commerce Acquisition Regulation (CAR) (48 CFR Chapter 1352) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of clause) FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3. (a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to— (i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to— (i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services". (d) Representation. The Offeror represents that— (1) It ? will, ? will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and (2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It ? does, ? does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section. (e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer: (i) For covered equipment— (A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known); (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (ii) For covered services— (A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer: (i) For covered equipment— (A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known); (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. (ii) For covered services— (A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. (End of provision) FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018) FAR 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 15 days of contract completion. (End of Clause) Inclusion of FAR clause 52.217-8, Option to Extend Services, in the solicitation and resultant contract is for use by the Government as outlined at FAR 37.111, Extension of Services. The option will be exercised as needed at any time during the life of the contract using the rates applicable at the time of exercise. FAR 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 within 15 days of contract completion; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 15 days 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 5 years. (End of Clause) DEPARTMENT OF COMMERCE ACQUISITION CLAUSE OR PROVISION (CAR) FOR FULL TEXT GO TO http://www.osec.doc.gov/oam/acquistion_management/policy/default.htm 1352.201-70, Contracting Officer's Authority (Apr 2010) (Reference) 1352.209-73 Compliance With the Laws (Apr 2010) (Reference) 1352.209-74 Organizational Conflict of Interest (Apr 2010) (Reference) CAR 1352.215-72 INQUIRIES (APR 2010) Offerors must submit all questions concerning this solicitation in writing to diana.romero@noaa.gov. Questions should be received no later than 6 calendar days after the issuance date of this solicitation. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract. (End of clause) CAR 1352.233-70 AGENCY PROTESTS (APR 2010) (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: Chad Hepp, Director NOAA/AGO Western Acquisition Division-Boulder 325 Broadway SOU6 Boulder, CO 80305 email: chad.m.hepp@noaa.gov (c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: Barry Berkowitz Senior Procurement Executive and Director, Office of Acquisition Management U.S. Department of Commerce Room 6422 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W. Washington, DC 20230 FAX: 202-482-1711 (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, N.W. Washington, DC 20230 FAX: (202) 482-5858. (End of clause) CAR 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 FAX: (202) 482-5858. (End of clause) NOAA ACQUISITION MANUAL (NAM) FOR FULL TEXT GO TO https://www.noaa.gov/sites/default/files/legacy/document/2020/Mar/noaa_Acquisition_Manual_8.0.pdf 1330-52.222-71 NOAA SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND RESPONSE POLICY APPLICABLE TO CREW MEMBERS OF VESSELS UNDER NOAA CONTRACT OR ORDER (MAY 2018) (a) General Policy. In accordance with NOAA Administrative Order (NAO) 202-1106, NOAA Sexual Assault and Sexual Harassment Prevention and Response Policy, it is the policy of NOAA to maintain a work environment free from sexual assault and sexual harassment. NAO 202-1106 prohibits sexual assault and sexual harassment by or of any employee, supervisor, manager, contractor, vendor, affiliate, or other individual with whom NOAA employees come into contact by the virtue of their work for NOAA. The NAO includes NOAA’s mandatory requirements for completion of sexual assault and sexual harassment prevention and response training. It is the responsibility of the contractor to ensure that contractor employees maintain the highest degree of conduct and standards in performance of the contract or order. In support of this, NOAA urges its contractors to develop and enforce comprehensive company policy addressing sexual assault and sexual harassment prevention. (b) Applicability. The policy set forth in NAO 202-1106 applies to all contractor employees identified as crew members on vessels secured for use under a NOAA contract or order. Prior to performance, the contractor shall provide all contractor employee crew members an awareness briefing on the requirements of the NAO and a copy of or access to a copy of the NAO. All contractor employee crew members must comply with the NAO, which includes completion of the mandatory training provided by NOAA as described in (d) below. The contractor shall include wording substantially the same as this solicitation and contract language in every subcontract for services involving the use of vessels so that it is binding on each subcontractor. (c) Definition. Contractor Employees - As used this solicitation and contract language, refers to employees of the prime contractor or its subcontractors, affiliates, consultants, or team members. (d) Mandatory Training. Completion of initial mandatory sexual assault and sexual harassment prevention and response training is required for all contractor employees identified as crew members in performance of this contract or order, in accordance with NAO 202-1106. This training will be provided by NOAA. The training will include by-stander intervention training and specific steps on how to prevent and report sexual assault and sexual harassment, as well as training on drug and alcohol awareness in the workplace. The training will typically be provided within two (2) hours of the vessel’s departure from port. A copy of NAO 202-1106 will be provided to each crew member upon initial boarding of the vessel. Each crew member must sign a form managed by the vessel’s Commanding Officer/Operations Officer verifying they have received and will comply with the NAO in its entirety. For vessels at sea for more than 12 months, annual sexual assault and sexual harassment training, provided by NOAA, will be required pursuant to NAO 202-1106. The specific format of the training will depend on the availability of resources (e.g. internet access). (e) Reporting Incidents of Sexual Assault/Sexual Harassment. Contractor employee crew members should refer to NAO 202-1106, Section 6, Reporting Incidents of Sexual Harassment or Sexual Assault, at .07, Reporting from Remote Locations, when reporting incidents of sexual assault or sexual harassment. (f) Remedies. In addition to other remedies available to the Government, contractor employee violations of NAO 202-1106 or other Federal requirements (e.g., law, statutes, executive orders, code, rules, or regulations) applicable to sexual assault and sexual harassment may result in: Requiring the contractor to remove a contractor employee or employees from the performance of the contract; Requiring the contractor to terminate a subcontract; Suspension of contract payments until the contractor has taken appropriate remedial action; Termination of the contract for default or cause, in accordance with the termination clause of this contract; Suspension or debarment; or Other appropriate action. (End of contract language) 1330-52.237-70 CONTRACTOR COMMUNICATIONS (APR 2010) (a) A contractor employee shall be identified both by the individual’s name and the contractor’s name when: Included in NOAA’s locator, and When submitting any type of electronic correspondence to any NOAA employee or stakeholder. (b) Any written correspondence from a contractor or any contractor employee shall be printed on company/organization letterhead or otherwise clearly identify the sender as an employee of the company or organization and shall identify the contract number. (c) Contractors and/or contractor employees shall clearly identify themselves as such in any verbal communications, whether in informal discussion or a formal meeting. (End of clause) 1330-52.237-71 NOAA GOVERNMENT-CONTRACTOR RELATIONS – NON-PERSONAL SERVICES CONTRACT (SEPT 2017) (a) The Government and the Contractor understand and agree that the services to be delivered under this contract by the Contractor to the Government are non-personal services as defined in FAR Part 37, Service Contracting, and the parties recognize and agree that no employer-employee relationship exists or will exist under the contract between the Government and the Contractor’s personnel. It is, therefore, in the best interest of the Government to afford both parties an understanding of their respective obligations. (b) Contractor personnel under this contract shall not: (1) Be placed in a position where they are under relatively continuous supervision and control of a Government employee. (2) Be placed in a position of command, supervision, administration, or control over Government personnel or over personnel of other Contractors performing under other NOAA contracts. (c) The services to be performed under this contract do not require the Contractor or the Contractor’s personnel to exercise personal judgement and discretion on behalf of the Government. Rather, the Contractor’s personnel will act and exercise personal judgement and discretion on behalf of the Contractor. (d) Rules, regulations, directives, and requirements that are issued by the Department of Commerce and NOAA under its responsibility for good order, administration, and security are applicable to all personnel who enter the Government installation and facilities, who are provided access to Government systems, or who travel on Government transportation. This is not to be construed or interpreted to establish any degree of Government control that is inconsistent with a non-personal services contract. (e) Both parties are responsible for monitoring contract activities for indications of improper employee-employer relationships during performance. In the event a situation or occurrence takes place inconsistent with this contract language, the following applies: (1) The Contractor shall notify the Contracting Officer in writing within 5 business days from the date of any situation or occurrence where the Contractor considers specific contract activity to be inconsistent with the intent of this contract language. The notice must include the date, nature and circumstance of the situation or occurrence, the name, function and activity of each Government employee or Contractor employee involved or knowledgeable about the situation or occurrence, provide any documents or the substance of any oral communications related to the activity, and an estimated date by which the Government is recommended to respond to the notice in order to minimize cost, delay, or disruption of performance. (2) The Contracting Officer will review the information provided by the Contractor, obtain additional information (if needed), and respond in writing as soon as practicable after receipt of the notification from the Contractor. The Contracting Officer’s response will provide a decision on whether the Contracting Officer determines the situation or occurrence to be inconsistent with the intent of this contract language and, if deemed necessary, will specify any corrective action(s) to be taken in order to resolve the issue. (End of contract language) 1330-52.270-304 NOAA ACQUISITION AND GRANTS OFFICE OMBUDSMAN (OCT 2016) The...
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