NOAA Acquisition Manual

Main Table of Contents

Subchapter F- Special Categories of Contracting


Part 1330-37 Service Contracting

Subpart 1330-37.1 Service Contracts - General

1330-37.102-70 Policy

1330-37.111 Extension of Services

1330-37.170 Solicitation and Contract Language

Subpart 1330-37.5 Management Oversight of Service Contracts

1330-37.504-70 Contracting Officials' Responsibilities

1330-37.570 Solicitation and Contract Language 



Part 1330-37 Service Contracting

Subpart 1330-37.1 Service Contracts - General

1330-37.102-70 Policy

(a) The NOAA Acquisition and Grants Officer (AGO) Standard Operating Procedure (SOP) entitled Proper Roles of the Services Contractor was issued in Acquisition Alert 17-03 to provide policy and guidance to the NOAA Line and Staff Offices regarding the proper roles of the services contractor when working side-by-side with NOAA employees to support NOAA’s mission.  NOAA Line and Staff Offices should refer to the SOP to understand the proper roles of the services contractor related to Government-contractor interactions and comply with the associated policies and procedures.

(b) NOAA Government-Contractor Relations.

  1. Non-Personal Services.

    In order to ensure an understanding between NOAA and the contractor that non-personal services contracts are proper and remain proper during performance, the contracting officer shall insert the solicitation and contract language located at 1330-52.237-71 NOAA Government-Contractor Relations – Non-Personal Services Contract as prescribed by 1330-37.170(a). 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 the solicitation and contract language located at 1330-52.237-71, procedures and timelines for notification are provided within the language.

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  1. Contractor Personnel Receiving Awards.

    The DOC Office of Human Resources Management Performance Management Handbook states the only form of recognition available for contractor personnel is a Certificate of Appreciation. In addition to the policy and procedures identified in the NOAA Incentive Awards Handbook, Section 7 Non-Monetary Awards, NOAA employees shall ensure compliance with the following NOAA acquisition policy:

    1. Certificates of Appreciation intended for a services contractor employee must be tied to the contract. Prior to issuing a Certificate of Appreciation for a services contractor employee, Line and Staff Offices shall coordinate with both the COR (if no COR assigned, then the CO) and the CO for the contract to determine whether performance of the contract is satisfactory and appropriate to proceed with the award.
    2. Per the DOC Office of Human Resources Management Performance Management Handbook, while a contractor may receive a Certificate of Appreciation, organizations are prohibited from spending appropriated funds to purchase a presentation holder (i.e., a frame or a plaque) or to otherwise expend appropriated funds to acknowledge (i.e., celebrate) a contractor’s completion of a specific project.
    3. The prepared Certificate of Appreciation shall clearly identify the individual as a contractor employee and name the contractor company. As a best practice, the contractor’s designated official should present the certificate to the contract employee.
    4. Contractors shall not be reimbursed for the cost of travel and travel related expenses associated with attendance of an awards ceremony or event held for similar purposes.  

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  1. Contractor Personnel attendance at Team/Morale Building Events or Social Gatherings.

    1. Team/Morale-Building Events. Contractors providing onsite support services to NOAA may be permitted to attend team/morale-building events, such as office picnics, sport outings, holiday parties, or other like functions (such as “All Hands” or “off-site” team meetings), when certain conditions have been met. The Line or Staff Office will provide information regarding the planned event(s) to the Contracting Officer’s Representative (COR) (if no COR is assigned, then to the contracting officer) who coordinates with the contracting officer in advance to discuss the specific nature of the event(s). The contracting officer will determine:
      1. Whether attendance would be in accordance with the standards of conduct (FAR 3.101) and does not give the perception of an improper employer-employee relationship (FAR 37.104);
      2. Whether attendance would affect the services required under the contract and would not be inconsistent with the contract terms and conditions; and
      3. Whether attendance will be allowed on a billable or unbillable status. 

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Where determined by the CO that the time spent at a team/morale-building event shall not be billed to the Government, contractor personnel choosing to attend must make arrangements with their employer for appropriate leave or other unbillable status under the contract.

There may be instances where it is appropriate for contractors to attend staff meetings and/or off-site meetings where mission-related items are discussed. The CO will notify the COR if the contractor is allowed to attend these meetings and will specify whether the meetings are billable. Examples of such meetings might include an internal meeting to discuss ways to improve a system/application for which contractors regularly utilize or an “off-site” team meeting focused on a special project for which a contractor is part of the project team.

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    1. Social Gatherings. Social gatherings, such as retirement parties, promotion, baby showers, birthday parties, and wedding celebrations may occur periodically in the workplace wherein contractors may wish to attend on their own personal time. This is permissible only where contractor personnel are not on contract time billed to the Government and they have made arrangements with their employer to take leave or to be on other unbillable status.

      In the instance where Government employees are invited by the contractor to attend holiday party or other social gathering, the gift rules apply. This includes invitations to “widely attended gatherings,” which can only be accepted under certain circumstances where approved by a Government supervisor. The Department of Commerce Office of General Counsel Ethics and Programs Division has provided guidance for Government employees on handling invitations to such events.

    2. Contractor Contribution to Attend Events and Gatherings. While contractor personnel may not be asked or be required to pay to attend any team/morale-building event or social gathering, they (or their employer) may voluntarily pay the per-person attendance cost or fee or may bring food to share if others attending are doing the same. These are not considered gifts, but rather the cost of their share of a group office function or meal. They may also voluntarily contribute to a gift, but the gift rules apply.

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  1. Contractor Personnel Participation on NOAA Councils.

    1. Certain events may result NOAA Councils and Committees. The NOAA Business Operations Manual identifies a NOAA Council as an established group that provides leadership and coordination across the agency for select functions and a committee as an established group that reports to a NOAA Council. NOAA utilizes councils for select high-interest and high-visibility functions. Councils also provide a forum for reviewing and developing policy and procedures for technical and scientific issues, guide resource utilization, and simplify complex issues into recommendations for senior leadership. The participation of contractor personnel to provide support services to a NOAA Council, committee, or any other group that provides leadership and coordination across the organization for select functions may be appropriate, if clearly within the scope of their respective contract.  Contractor personnel shall not be a voting member of a NOAA Council or Committee. A full list of the established NOAA Councils is provided in Chapter 2, Table 2-1 of the NOAA Business Operations Manual.
    2. In all instances NOAA Employee Councils and similar entities. NOAA Employee Councils, committees, working groups, affinity groups, voluntary employee organizations (as defined in DAO 202-251), and groups convened for similar purposes, are intended to facilitate communication both among NOAA Federal employees and with NOAA leadership to help promote a positive, effective, and collegial workplace environment. A contractor shall not participate as a member in the activities of these Federal employee-specific entities.

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1330-37.111 Extension of Service

Pursuant to 1330-17.202(a), FAR clause 52.217-8, and the corresponding language required by 1330-17.203(b)(2) and 1330-17.204(a), shall be inserted into all solicitations, contracts, and orders for severable services.
 

1330-37.170 Solicitation and Contract Language

(a)  Insert the solicitation and contract language located at 1330-52.237-71, NOAA Government-Contractor Relations – Non-Personal Services Contract in all solicitations, contracts, and orders that include services.

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Subpart 1330-37.5 Management Oversight of Service Contracts

1330-37.504-70 Contracting Officials' Responsibilities

(a) Contractor Access to NOAA facilities and systems.

  1. During acquisition planning, contact the DOC Office of Security to determine procedures and clearance requirements for permitting contractor/subcontractor personnel physical access to NOAA facilities and systems.
  2. Consider clearance requirements to allow adequate start-up time for the contractor to obtain the necessary clearances.
  3. The contracting officer shall insert the solicitation and contract language located at 1330-52.237-72 Contractor Access to NOAA Facilities in all in all solicitations, contracts, and orders in which a contractor will require access to NOAA facilities and resources, including equipment and systems, or to make a delivery.  The fill- in section shall be completed by the contracting officer before the solicitation is issued.  The following applies regarding the use of the solicitation and contract language located at 1330-52.237-72 Contractor Access to NOAA Facilities:
    1. Certain events may result in contractor employees being denied access to a NOAA facility for a portion of a business day or longer for various reasons.  If the circumstances permit, the contracting officer will provide direction to the contractor, either directly or through the Contracting Officer’s Representative (COR).  Additional procedures are provided in 1330-52.237-72 Contractor Access to NOAA Facilities.  Events where NOAA may close or otherwise deny contractor employees access to a NOAA facility include, but are not limited to:

      1. Federal public holidays for federal employees in accordance with 5 U.S.C. 6103;

      2. Fires, floods, earthquakes, and unusually severe weather, including but not limited to snow storms, tornadoes, and hurricanes;

      3. Occupational safety or health hazards;

      4. Lapse in Appropriations; or

      5. Federal Statute, Executive Order, Presidential Proclamation, or any other unforeseen reason.

    2. In all instances where a contractor employee requires access to NOAA facilities outside of regular business hours or outside of the normal workweek, the contractor shall submit a request through the COR to the contracting officer in accordance with 1330-52.237-72 Contractor Access to NOAA Facilities.  The written request shall provide a justification supporting the required access for the contractor employee and be submitted for approval before access is allowed. Contractor access to a NOAA facility outside regular hours or outside the normal workweek may be permissible without the presence of a Federal employee if determined that the contractor employee is compliant with the necessary security requirements and a Federal employee is not required to be present to provide technical direction.  Upon receipt of the request, the COR shall verify the following information before submitting to the contracting officer for approval:

      1. The contractor is in compliance with personnel security requirements;

      2. Contractor access to the facility is available for the time requested and necessary for the performance of the contract;

      3. Any need for a Federal employee to be onsite during the performance; and

      4. Work performed as overtime is compliant with Federal Acquisition Regulation (FAR) 22.103-4 and Commerce Acquisition Regulation (CAR) 1322.103-4.

    3. For contracts or orders anticipating a need for contractor employees to have routine access to NOAA facilities outside of normal business hours on a regular or intermittent basis, the contracting officer is encouraged to tailor 1330-52.237-72 Contractor Access to NOAA Facilities to address any specific notification and access requirements unique to the services being provided. In contracts where routine, after-hours access to facilities is not anticipated, but is found necessary after award, the contractor shall submit a request through the COR to the contracting officer as described in 1330-37.504.70(a)3.B.

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1330-37.570 Solicitation and Contract Language 

(a) Insert the solicitation and contract language located at 1330-52.237-70, Contractor Communications, in all solicitations, contracts, and orders of services that have a requirement for the contractor to communicate in writing, electronically, or orally with Government employees, agency clients, other Government contractors, or other Government stakeholders. This part applies to all contracts and orders for services regardless of the contract type or kind of service being acquired.

(b) Insert the solicitation and contract language located at 1330-52.237-72, Contractor Access to NOAA Facilities, in all solicitations, contracts, and orders in which a contractor will require access to NOAA facilities and resources, including equipment and systems, or to make a delivery. 

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