Inactive Total Small Business Set-Aside (FAR 19.5)

COMBINED SYNOPSIS/SOLICITATION JANITORIAL SERVICES FOR THE WEATHER SERVICE OFFICE IN LOUISVILLE, KENTUCKY (I) This is a combined synopsis/solicitation for commercial items prepared in accordance with ... COMBINED SYNOPSIS/SOLICITATION JANITORIAL SERVICES FOR THE WEATHER SERVICE OFFICE IN LOUISVILLE, KENTUCKY (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 1305M322QNWWR0002DR. (III) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-07 (SEPT 2021) (Deviation 2020-11)(AUG 2020) (IV) This solicitation is being issued as a total small business set-aside. The associated NAICS code is 561720. The small business size standard is $19.5M. (V) This combined solicitation/synopsis is for purchase of the following commercial services: Line Item 0001 – Base Year; Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for janitorial services for the National Weather Service Office located in Louisville, KY, in accordance with the attached, incorporated Statement of Work, which is attached the Request for Quote form SF18. The period of performance is 12 months (Jan 1-Dec 31) Line Item 1001 – Option Year 1; Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for janitorial services for the National Weather Service Office located in Louisville, KY in accordance with the attached, incorporated Statement of Work, which is attached the Request for Quote form SF18. The period of performance is 12 months (Jan 1-Dec 31) Line Item 2001 – Option Year 2; Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for janitorial services for the National Weather Service Office located in Louisville, KY in accordance with the attached, incorporated Statement of Work, which is attached the Request for Quote form SF18. The period of performance is 12 months (Jan 1-Dec 31) Line Item 3001 – Option Year 3; Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for janitorial services for the National Weather Service Office located in Louisville, KY in accordance with the attached, incorporated Statement of Work, which is attached the Request for Quote form SF18. The period of performance is 12 months (Jan 1-Dec 31) Line Item 4001 – Option Year 4; Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for janitorial services for the National Weather Service Office located Louisville, KY in accordance with the attached, incorporated Statement of Work, which is attached the Request for Quote form SF18. The period of performance is 12 months (Jan 1-Dec 31) (VI) Description of requirements is as follows: See attached Statement of Work which applies to Base Year and all Option Years and Wage Determination No 2015-4717 Revision 17 Dated 10/20/2021, which is attached to the Request for Quote form SF18. (VII) Place of performance: National Weather Service 6201 Theiler Lane Louisville KY 40229 Jefferson County Base Year: Twelve (12) Months, Jan 1, 2022 – Dec 31, 2022 Option Year 1: Twelve (12) Months, Jan 1, 2023 - Dec 31, 2023 Option Year 2: Twelve (12) Months, Jan 1, 2024 - Dec 31, 2024 Option Year 3: Twelve (12) Months, Jan 1, 2025 - Dec 31, 2025 Option Year 4: Twelve (12) Months, Jan 1, 2026 – Dec 31, 2026 (VIII) FAR 52.212-1 Instructions to Offerors-Commercial Items (Sept 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 non-responsive may be excluded from further evaluation and rejected without further notification to the offeror. 1. Submit quotes to the office specified in this solicitation on or before the time specified in the solicitation. Email quotes are acceptable and can be sent to diana.romero@noaa.gov. 2. Contractor shall have an active registration in the System for Award Management (SAM found at www.SAM.gov) in order to provide a quote and be eligible for award. 3. Provide all evaluation criteria in accordance with 52.212-2 in this package. “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 RECEIPT”. Site Visit National Weather Service GLD Weather Forecast Office 920 Armory Road Goodland, KS 67735 Vendors must email to make site visit appointments. Email: JACQUELYN PEOPLES email Jacquelyn.peoples@noaa.gov OR METEOROLOGIST IN CHARGE, JOHN GORDON, email john.gordon@noaa.gov 502-969-8842 All Bidders are strongly encouraged to make a site visit to inspect all proposed work and to acquire all necessary site information to properly prepare their Quote. Failure of the Contractor to visit the site and acquire all necessary site information to properly prepare the quote shall not be acceptable cause to justify a later request for additional costs after Contract Award. Any questions that come up at the site visit must be provided to Diana Romero via email at diana.romero@noaa.gov no later than Nov 17, 2021 at 12:00 P.M. MDT/MST. No questions will be answered on site. Technical Approach and Capability. The offeror's approach to performing contract requirements and its capability to successfully perform the contract will be evaluated. A contractor that has performed a site visit will be regarded with higher technical capability unless the contractor can provide a detailed technical approach write-up with their quote for the Government to consider in place of a site visit. CONTRACTORS MUST BE ACTIVE IN SAM IN ORDER FOR QUOTES TO BE ACCEPTABLE. FAR 52.237-1 SITE VISIT (APR 1984) Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award. (End of Provision) CAM 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 12:00 P.M. MDT/MST, 11/17/2021. 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) (IX) FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (OCT 2014) 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 ITEMS (FEB 2021) (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 (Oct 2018) (Deviation 2017-02) (Aug 2017), applies to this acquisition. (XII) FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (Sep 2021) (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: FAR 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 address: https://www.acquisition.gov/far/index.html (End of Clause) FAR 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011) FAR 52.208-9 CONTRACTOR USE OF MANDATORY SOURCES OF SUPPLY OR SERVICES (MAY 2014) (a) Certain supplies or services to be provided under this contract for use by the Government are required by law to be obtained from nonprofit agencies participating in the program operated by the Committee for Purchase from People Who Are Blind or Severely Disabled (the Committee) under 41 U.S.C. 8504. Additionally, certain of these supplies are available from the Defense Logistics Agency (DLA), the General Services Administration (GSA), or the Department of Veterans Affairs (VA). The Contractor shall obtain mandatory supplies or services to be provided for Government use under this contract from the specific sources indicated in the contract schedule. (b) The Contractor shall immediately notify the Contracting Officer if a mandatory source is unable to provide the supplies or services by the time required, or if the quality of supplies or services provided by the mandatory source is unsatisfactory. The Contractor shall not purchase the supplies or services from other sources until the Contracting Officer has notified the Contractor that the Committee or an AbilityOne central nonprofit agency has authorized purchase from other sources. (c) Price and delivery information for the mandatory supplies is available from the Contracting Officer for the supplies obtained through the DLA/GSA/VA distribution facilities. For mandatory supplies or services that are not available from DLA/GSA/VA, price and delivery information is available from the appropriate central nonprofit agency. Payments shall be made directly to the source making delivery. Points of contact for AbilityOne central nonprofit agencies are: (1) National Industries for the Blind (NIB) 1310 Braddock Place Alexandria, VA 22314-1691 (703) 310-0500; and (2) NISH 8401 Old Courthouse Road Vienna, VA 22182 (571) 226-4660. 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 60 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) FAR 223-1 BIO-BASED PRODUCT CERTIFICATION (MAY 2012) FAR 52.223-2 AFFIRMATIVE PROCUREMENT OF BIO BASED PRODUCTS UNDER SERVICE & CONSTRUCTION CONTRACTS (SEPT 2013) FAR 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997) FAR 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011) FAR 52.223-10 WASTE REDUCTION PROGRAM (MAY 2011) FAR 52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS (AUG 2018) FAR 52.232-18 AVAILABILITY OF FUNDS (APR 1984) FAR 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT & VEGETATION (APR 1984) (End of Clause) FAR 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 Commerce Acquisition Regulation (48 CFR 1352) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation. (End of clause) Provisions FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERNCE (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: https://www.acquisition.gov/far/index.html (End of provision) FAR 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (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 Commerce Acquisition Regulation (48 CFR 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 (Oct 2020) 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 Items. 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 52.204-26 Covered Telecommunications Equipment or Services-Representation (OCT 2020) (a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (b) 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". (c) (1) Representation. The Offeror represents that it ? does, ? 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. (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 any equipment, system, or service that uses covered telecommunications equipment or services. (End of provision) FAR 52.217-5 EVALUATION OF OPTIONS (JUL 1990) Department of Commerce Clauses: FOR FULL TEXT OF COMMERCE ACQUISITION CLAUSE OR PROVISIONS YOU MAY TO GO THE FOLLOWING WEBSITE: http://www.ecfr.gov/cgi-bin/text- idx?sid=2d08a6e69af3b9bb1a7be4eae370d256&c=ecfr&tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl#1300 CAR 1352.201-70 Contracting Officer’s Authority (APR 2010) CAR 1352.209-73 Compliance with the Laws (APR 2010) CAR 1352.209-74 Organizational Conflict of Interest (APR 2010) CAR 1352.270-70 Period of Performance (APR 2010) (a) The base period of performance of this contract is from 01/01/2022 through 12/31/2022. 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 01/01/2023 12/31/2023 Option II 01/01/2024 12/31/2024 Option III 01/01/2025 12/31/2025 Option IV 01/01/2026 12/31/2026 (c) The notice requirements for unilateral exercise of option periods are set out in FAR 52.217–9. (End of clause) CAR 1352.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS (OCT 2021) (DEVIATION) (a) Definition. As used in this clause – United States or its outlying areas means— (1) The fifty States; (2) The District of Columbia; (3) The commonwealths of Puerto Rico and the Northern Mariana Islands; (4) The territories of American Samoa, Guam, and the United States VirginIslands; and (5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island,Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll. (b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985). (c) Compliance. The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task Force (Task Force Guidance) at https:/www.saferfederalworkforce.gov/contractors/. (d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the micro purchase threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award, and are for services, including construction, performed in whole or in part within the United States or its outlying areas. (End of clause) CAR 1352.233-70 AGENCY PROTESTS (APRIL 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 Fed. Reg. 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 FAX: 303-497-3163 (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, D.C. 20230. FAX: (202) 482-5858 (End of Provision) CAR 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APRIL 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, N.W. Washington, D.C. 20230. FAX: (202) 482-5858 (End of Provision) NOAA ACQUISITION MANUAL (NAM) LANGUAGE NAM 1330-52.222-70 NOAA SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND RESPONSE POLICY (MAY 2018) 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. NOAA 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. (a) Definitions. Contractor Employees - The term “contractor employees,” as used in this solicitation and contract language, refers to employees of the prime contractor or its subcontractors, affiliates, consultants, or team members. Sexual Assault - The term sexual assault, as used in this solicitation and contract language, means any conduct proscribed by state or federal sexual abuse laws, including, but not limited to, those defined in chapter 109A of title 18 of the U.S. Code (sexual abuse), and assaults committed both by offenders who are strangers to the victim and by offenders who are known or related by blood or marriage to the victim. Sexual Harassment - As defined by the Equal Empl...