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The Department of Commerce/National Oceanic and Atmospheric Administration/National Environmental Satellite Data and Information Service (DOC/NOAA/NESDIS), intends to award a Purchase Order pursuant t... The Department of Commerce/National Oceanic and Atmospheric Administration/National Environmental Satellite Data and Information Service (DOC/NOAA/NESDIS), intends to award a Purchase Order pursuant to Simplified Acquisition Procedures under the authority of FAR Part 13. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format at FAR Subpart 12.6., as supplemented with additional information included in this notice, and is being conducted pursuant to Acquisition Circular FAC 2022-07 Effective 10 August 2022. FAR Subpart 12.6 and FAR Part 13. The Request for Quote (RFQ) number NE-EB2000-22-00867. The intended procurement will be classified under North American Industry Classification System (NAICS) 334515 - Size Standard $750 Employees. The requirement is being solicited as unrestricted and solicited as a firm-fixed-price contract. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTES ARE BEING REQUESTED AND A WRITTEN SOLICITATION WILL NOT BE ISSUED. The Wallops Command and Data Acquisition Station, herein referred to as the Wallops CDA ‘Station’, is a tenant partner of NASA Wallops Flight Facility. The Station’s mission is to provide ground systems support to the National Environmental Satellite, Data and Information Service (NESDIS). The Station commands and receives data from the nation’s environmental satellites including Polar Orbiting Environmental Satellites (POES), and the Geosynchronous Orbiting Environmental Satellites (GOES) to promote, protect, and enhance the Nation’s economy, security, environment, and quality of life. 2. Scope of Work The Contractor shall furnish all required spectrum analyzers to the location at 35663 Chincoteague Road, Wallops Island, VA. 3. Specifications CLIN Description Quantity Price 0001 Key P/N: N9321C 12 EA 0002 Rack mount kit P/N: Y1821A 12 EA 4. Period of Performance Delivery: 6 weeks post award. 5. Non-Price Evaluation Factors: Offer(s) shall be evaluated on an individual basis in accordance with the evaluation criteria outlined in the RFQ only. The award will be made to the responsible offeror that meets the best value to the Government. The offer must meet 1) Technical Specifications Acceptability, 2) Price. Offers that meet or exceed these factors will be selected on a Lowest Price Technically Acceptable basis. Commerce Acquisition Regulation (CAR) clauses: 48 CFR 1352.201-70 Contracting Officer's Authority (APR 2010) 48 CFR 1352.209-73 Compliance with the Laws (APR 2010) 48 CFR 1352.209-74 Organizational Conflict of Interest (APR 2010) 48 CFR 1352.233-70 Agency Protests (APR 2010) {Fill-in paragraph "b": Department of Commerce, NOAA, NESDIS, Field Delegate 1335 East West Highway, room 8472, silver Spring, MD 20910; fill-in paragraph "c": U.S Department of Commerce, Senior Procurement Executive, 1401 Constitution Avenue NW Suite 6422, Washington DC 20230} The following FAR clause is provided in full text: FAR clause 52.212-2, EVALUATION--COMMERCIAL ITEMS (NOV 2021) (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: (1) The offerors capability to successfully perform the contract TECHNICAL EVALUATION CRITERIA The Government anticipates awarding a Purchase Order resulting from this Request for Quotation to the responsible offeror whose quote results in the best value to the Government, considering both price and non-price factors. “Best value” means the expected outcome of an acquisition that, in the Government's estimation, provides the greatest overall benefit in response to the requirement. The evaluation criteria below will be used to evaluate the Contractor’s quotation is significantly more important than price. As the technical quotations become closer in quality, price increases in relative importance. Evaluation Factors Each quotation shall be evaluated on an individual basis in accordance with the evaluation criteria outlined in the Statement of Work only. Award will be made to the responsible contractor that offers the best value to the Government. Quotations will be evaluated based on the factors set forth below. The factors are listed below. Technical Specifications – Offeror shall meet all specifications as listed in section 3 as outlined above. Offeror must demonstrate the ability to conform to all solicitation instructions. Price – Fixed price quotations will be reviewed for reasonableness, affordability to determine whether they reflect understanding of the requirement or any significant unbalanced pricing. Quotations shall itemize total costs. A rating of Technically Acceptable or Technically Unacceptable will be utilized to evaluate all quoted offerors. Only quotes determined Technically Acceptable will evaluated for price to determine the best value. 2) Price. The Government shall evaluate the submissions by Contract Line Item Numbers (CLIN), and by evaluating the quoted 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. (End of Provision) The following FAR Provisions and Clauses are incorporated by reference: 52.212-1, Instructions to Offerors (SEPT 2021) 52.212-3, Offeror Representations and Certifications-Commercial Items (NOV 2021) 52.212-4, Contract Terms and Conditions-Commercial Items (NOV 2021) In addition, the following additional FAR clauses cited in the clause at paragraph (b) are applicable to this acquisition: 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) 52.209-6, Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Nov 2021) 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items (May 2022) applies to this (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)). 52.222-3, Convict Labor, (JUN 2003) 52.222-21, Prohibition of Segregated Facilities, (APR 2015) 52.222-26, Equal Opportunity, (Sep 2016) 52.222-36, Equal Opportunity for Workers with Disabilities (Jn 2020) 52.222-50, Combating Trafficking in Persons (Nov 2021) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or provided by Kaspersky Lab and other covered entities (Nov 2021) 52.225-3, Buy American Act - Free Trade Agreements - Israeli Trade Act (Nov 2021) 52.225-13, Restrictions on Certain Foreign Purchases, (Feb 2021) 52.232-33, Payment by Electronic Funds Transfer - System for Award Management, (Oct 2018) 52.239-1, Privacy or Security Safeguards (AUG 1996) 52.232-39, Unenforceability of Unauthorized obligations (JUN 2013) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Nov 2021) 52.225-1, Buy American Act -- Supplies, (Nov 2021) In addition, the following additional FAR clauses cited are in full text 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 (reference https://www.corporateservices.noaa.gov/ames/ administrative orders/chapter_202/202-1106.html), 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 Employment Opportunity Commission, sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. It includes unwelcome sexual advances, requests for sexual favors, and other verbal, non-verbal, or physical conduct of a sexual nature when any of the following are true: Submission to such conduct is made either explicitly or implicitly as a term or condition of an individual's employment; Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; The conduct unreasonably interferes with an individual's work performance or creates an intimidating, hostile, or offensive working environment. The main characteristics of sexual harassment are that the harasser's conduct is targeted against the recipient's sex, gender identity, or sexual orientation, and is unwelcome to the recipient. It may include, but is not limited to: offensive jokes, slurs, epithets or name calling, undue attention, physical assaults or threats, unwelcome touching or contact, intimidation, ridicule or mockery, insults or put-downs, constant or unwelcome questions about an individual's identity, and offensive objects or pictures. (b) Requirements. 1. 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. In support of this, NOAA urges its contractors to develop and enforce comprehensive company policy addressing sexual assault and sexual harassment. 2. The contractor shall include wording substantially the same as this solicitation and contract language in every subcontract so that it is binding upon each subcontractor. 3. If a contractor employee observes or is the object of sexual assault or sexual harassment, he or she is highly encouraged to report the matter, as soon as possible, to their immediate supervisor, the Contracting Officer's Representative (COR), subset of the COR (e.g. Task Manager or Assistant COR), or contracting officer (CO) if a COR is not assigned to the contract. The contract employee may also contact the NOAA Civil Rights Office to obtain guidance on reporting instances of sexual assault or sexual harassment. If deemed necessary, the contractor employee may also report such instances to local law enforcement. In the case where the incident occurs while performing at a remote location, such as at sea or in the field (at a field camp or other isolated location) where the above referenced individuals are unavailable, the contractor employee should follow the reporting procedure set forth in NAO 202-1106, Section 6,.07, Reporting from Remote Locations. 4. Swift reporting allows NOAA and the contractor to take the appropriate measures to ensure that offensive behavior stops and the complainants' needs are addressed. 5. The COR (if assigned), CO, and contractor, where applicable, will work together to ensure appropriate action is taken in accordance with applicable laws and regulations, contract terms and conditions, and the contractor's written policy (where applicable). 6. The contractor shall provide all contractor employees assigned to perform under this contract with mandatory sexual assault and sexual harassment prevention and response training in compliance with the requirements of NAO 202-1106, Section 5, Prevention Training and Awareness, as part of their initial in-processing and on an annual basis thereafter. The initial training shall be completed within business days [30 unless a different number is inserted] of contract award or the date a contractor employee is assigned to perform under the contract, as applicable. Evidence of initial training by name and date completed for each contractor employee, shall be submitted to the COR or contracting officer (if no COR assigned) within 10 business days of completion. Evidence of annual training by name and date completed for each contractor employee shall be submitted to the COR or contracting officer (if no COR assigned) no later than March 1st of each calendar year of contract performance. 7. The mandatory sexual assault and sexual harassment training provided by the contractor shall include the required elements set forth by NOAA's Workplace Violence Program Manager. A link to the website including the required elements of the training is provided at: https://www.noaa.gov/ organization/acquisition-grants/noaa-workplace-harassment-training-for-contractors-and-financial. The website will also provide training materials and resources to assist the contractor in conducting the training. The contractor may provide training that solely addresses the NOAA required elements or may supplement existing company sexual assault and sexual harassment training in a manner that ensures all of the elements are adequately addressed. 8. The required elements of the training and resources available to the contractor for the training may be updated by NOAA periodically. The contractor is responsible for monitoring the website and incorporating any changes to the NOAA required elements into the contractor provided training. 9. NOAA's Workplace Violence Program Manager, COR, or CO may periodically review the contractor's training outline to ensure all required elements are included and, if necessary, any appropriate adjustments are made to the training by the contractor. 10. Contractor employees performing on assignments in a remote location, such as at a field camp or other isolated locations, are subject to receiving the same briefing on the parameters of the order provided to NOAA employees as set forth in Section 6 of NAO 202-1106. 11. The contractor shall provide a copy of this solicitation and contract language and NAO 202-1106 to contractor employees. (c) Sexual Assault/Sexual Harassment (SASH) Helpline. For NOAA employees, affiliates, and contractors who have experienced sexual assault or sexual harassment, NOAA has established the NOAA Sexual Assault/Sexual Harassment (SASH) helpline. This helpline is designed to provide crisis intervention, referrals, and emotional support to those who are victims and/or survivors of sexual harassment or sexual assault within the workplace. employees may use the helpline to receive live, confidential, one-on-one support in an occurrence of sexual harassment or assault by a Federal Government employee. All services are anonymous, secure, and available worldwide, 24 hours a day, seven days a week. The NOAA SASH helpline is accessible through a variety of channels, including: Phone: 1-866-288-6558 Website & Online Chat: http://NOAASASHHelpline.org Mobile App: NOAA SASH Helpline (available via iOS and Android App Stores) Text: (202) 335-0265 (d) Confidentiality. Any party receiving information from the filing of a complaint alleging sexual assault or sexual harassment, or while performing an investigation into such a complaint, shall keep the information confidential. "Confidentiality" means that the information shall only be shared with others who have a need to know the information to conduct their official duties. (e) Remedies. In addition to other remedies available to the Government, contractor employee violations of Federal requirements (e.g., law, statutes, executive orders, code, rules, regulations) applicable to sexual assault and sexual harassment and/or failure to complete the mandatory training set forth in this solicitation and contract language, may result in: 1. Requiring the Contractor to remove a contractor employee or employees from the performance of the contract; 2. Requiring the Contractor to terminate a subcontract; 3. Suspension of contract payments until the Contractor has taken appropriate remedial action; 4. Termination of the contract for default or cause, in accordance with the termination clause of this contract; 5. Suspension or debarment; or 6. Other appropriate action. 1330-52.270-304 NOAA ACQUISITION AND GRANTS OFFICE OMBUDSMAN (OCT 2016) (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 from. (3) Identify constraints in transparency and process. (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 AÂ76 competition performance decisions, judicial or congressional hearings, or proposal, amendment, modification or deliverable due dates, etc.). (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 U.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. In order to comply with the Debt Collection Improvement Act of 1996, ALL Vendors must be registered in the System for Award Management (SAM) to be considered for an award of a Federal contract. For information regarding registration in SAM, contact the SAM website at www.sam.gov. Additionally, each offeror must obtain, and provide with the quote, their nine-digit Dun and Bradstreet (DUNS) number. 6. IT Security Requirements for Low Risk Contracts The contractor must comply with the IT Security requirements of the Department of Commerce as outlined in Commerce Acquisition Regulation (CAR) 1352.239-72, Security Requirements For Information Technology Resources (April 2010). CAR 1352.239-72, section (d) includes the DOC IT Security Program Plan, the NOAA IT Security Manual, and the NESDIS IT Security Handbook. The contractor must also comply with FAR Clauses 52.204-21, 52.224-1, 52.224-2 and 52.239-1. Contractor personnel will be screened in accordance with the requirements for Low Risk contracts as specified by CAM 1337.70 section 2.2 (October 2015); specifically, in accordance with CAR 1352.237-71, Security Processing Requirements—Low Risk Contracts (April 2010). Any access by contract personnel who are Foreign Nationals must be in accordance with the requirements of CAR 1352.237-73, Foreign National Visitor and Guest Access to Departmental Resources (APR 2010). All questions pertaining to this RFQ must be submitted in writing to Joel.L.Perlroth@noaa.gov and Shelby.Hamilton@noaa.gov. (E-mail only). All responsible sources may submit a quotation which shall be considered by the agency. Quotes must be submitted via electronic means (e-mail) by 1:00 P.M. EST on August 23, 2022.