NOAA Acquisition Manual

Main Table of Contents

Subchapter H- Solicitation and Contract Language and Forms


Part 1330-52 Solicitation and Contract Language and Forms

Subpart 1330-52.2 Text of Solicitation and Contract Language

1330-52.200 Scope Solicitation and Contract Language

1330-52.203-70 Scientific Integrity and Research Misconduct

1330-52.203-71 Notice of Post-Government Employment Restrictions

1330-52.215-70 Schedule of Deliverables

1330-52.227-70 Instructions to Offerors – Awards Expected to Generate Environmental Data or Peer Reviewed Publications

1330-52.227-71 Awards Expected to Generate Environmental Data or Peer Reviewed Publications

1330-52.232-70 NOAA Limitation of Funds on Time-and Materials and Labor-Hour Contracts

1330-52.235-70 Compliance with U.S. DOC and other Export Control Regulations 

1330-52.237-70 Contractor Communications

1330-52.237-71 NOAA Government-Contractor Relations – Non-Personal Services

1330-52.237-72 Contractor Access to NOAA Facilities

1330-52.239-170 Incident/Emergency Management

1330-52.242-70 Submittal of Invoices

1330-52.243-70 Requests for Equitable Adjustment

1330-52.270-304 NOAA Acquisition and Grants Ombudsman

Subpart 1330-52.3 NOAA Solicitation and Contract Language Matrix

1330-52-300 Scope of Subpart

1330-52.301 Solicitation and Contract Language Matrix

 

Part 1330-52 Solicitation and Contract Language and Forms 

Subpart 1330-52.2 Text of Solicitation and Contract Language

1330-52.200 Scope Solicitation and Contract Language

This Subpart sets forth the text of all NOAA-specific solicitation and contract language.

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1330-52.203-70 Scientific Integrity and Research Misconduct

As prescribed in 1330-3.70, please insert the following solicitation and contract language: Scientific Integrity and Research Misconduct


(a) Definitions. As used in this provision –
Scientific activities mean activities that involve inventorying, monitoring, observations, experimentation, study, research, integration, modeling, and scientific assessment.

Scientific integrity means the condition resulting from adherence to professional values and practices when conducting and applying the results of science that ensures objectivity, clarity, and reproducibility, and that provides insulation from bias, fabrication, falsification, plagiarism, interference, censorship, and inadequate procedural and information security.

Presentation of scientific activities results includes the analysis, synthesis, compilation, or translation of scientific information and data into formats for the use of the Department of Commerce or the United States of America.

Scientific and Research Misconduct means fabrication, falsification, or plagiarism in proposing, performing, or reviewing scientific and research activities, or in the products or reporting of the results of these activities. It specifically includes intentional circumvention of the integrity of the scientific and research process and actions that compromise that process, but does not include honest error or differences of opinion.

Investigation is formal collection and evaluation of information and facts to determine if scientific or research misconduct can be established, to assess its extent and consequences, and to recommend appropriate action.

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(b) General Guidelines

  1. Maintaining Integrity. The contractor shall maintain the scientific integrity of research performed pursuant to this contract award including the prevention, detection, and remediation of research misconduct, and the conduct of inquiries, investigations and adjudication of allegations of research misconduct.
  2. In performing or presenting the results of scientific activities under the contract, and in responding to allegations of scientific and research misconduct, the contractor shall comply with the provisions herein and NOAA Administrative Order (NAO) 202-735D, Scientific Integrity, and its Procedural Handbook, including any amendments thereto.
  3. Primary Responsibility. The contractor shall have the primary responsibility to prevent, detect, and investigate allegations of scientific and research misconduct. Unless otherwise instructed by the contracting officer, the contractor shall promptly conduct an initial inquiry into any allegation of such misconduct and may rely on its internal policies and procedures, as appropriate, to do so.
  4. By executing this contract, the contractor provides its assurance that it has established an administrative process for performing an inquiry, investigating, and reporting allegations of scientific and research misconduct; and that it will comply with its own administrative process for performing an inquiry, investigation and reporting of such misconduct.
  5. The contractor shall insert the substance of this requirement in subcontracts at all tiers that involve research being performed under this contract.

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(c) Investigating Misconduct Research

  1. Initiating Investigation. If the contractor determines that there is sufficient evidence to proceed to an investigation, it shall notify the contracting officer and, unless otherwise instructed, the contractor shall:
     
    1. Promptly conduct an investigation to develop a complete factual record and an examination of such record leading to either a finding of scientific and research misconduct and an identification of appropriate remedies or a determination that no further action is warranted.
    2. If the investigation leads to a finding of scientific and research misconduct, obtain adjudication by a neutral third party adjudicator. The adjudication must include a review of the investigative record and, as warranted, a determination of appropriate corrective actions and sanctions.
  2. Finalizing Investigation. When the investigation is complete, the contractor shall forward to the contracting officer a copy of the evidentiary record, the investigative report, any recommendations made to the Contractor’s adjudicating official, the adjudicating official’s decision and notification of any corrective action taken or planned, and the subject’s written response (if any).

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(d) Findings and Corrective Actions

  1. If the contractor finds that scientific and research misconduct has occurred, it shall assess the seriousness of the misconduct and its impact on the research completed or in process and shall:
    1. Take all necessary corrective actions,  which  includes,  but  are not limited to, correcting the research record, and, as appropriate, imposing restrictions, controls, or other parameters on research in process or to be conducted in the future, and
    2. Coordinate remedial action with the contracting officer.

(e) Department of Commerce Actions

  1. The Department of Commerce may accept the Contractor’s findings or proceed with its own investigation, in which case the contractor shall fully cooperate with the investigation. The contracting officer will inform the contractor of the Department’s final determination.
  2. The Department of Commerce reserves the right to pursue such remedies and other actions as it deems appropriate, consistent with the terms and conditions of the contract and applicable laws and regulations. Such remedies and actions may include, but are not limited to, disallowance of costs, recoupment of contract payments, and suspension or debarment.

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1330-52.203-71 Notice of Post-Government Employment Restrictions

As prescribed in Acquisition Alert 16-02, use the following language in all solicitations and contracts exceeding the simplified acquisition threshold: 

NOTICE OF POST-GOVERNMENT EMPLOYMENT RESTRICTIONS (OCT 2015)

By submission of an offer in response to a NOAA solicitation or acceptance of a contract, the contractor acknowledges the restriction on current NOAA employees regarding contact with offerors regarding prospective employment and the corresponding obligations for contractors who engage them. The contractor further acknowledges that it has provided notice to former NOAA employees who will provide service to NOAA under the contract of post-Government employment restrictions that apply to them.  Such restrictions include, but are not limited to, those set forth in:

(a) 41 U.S.C. § 2103 regarding contacts between a Federal employee working on a procurement and an offeror about prospective employment;

(b) 18 U.S.C. § 207 regarding the restrictions on former Federal employees having contact with a Federal agency on behalf of another person or entity concerning a specific party matter with which the former employee was involved as a Federal employee or for which the former Federal employee had official responsibility;

(c) 18 U.S.C. § 207 regarding the restrictions on former senior employees and senior political employees from having contact with his former Federal agency on behalf of another person or entity concerning any official matter; and

(d) 41 U.S.C. § 2104 regarding the restrictions on a former Federal employee involved in an acquisition over $10,000,000 from accepting compensation from a contractor. (End of solicitation and contract language)

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1330-52.215-70 Schedule of Deliverables

As prescribed in 1330-15.204-2(f), insert the following solicitation and contract language:

F.1. SCHEDULE OF DELIVERABLES
Following is a schedule of all deliverables, including administrative deliverables, required during the period of performance of this contract:

Item Description Quantity Due Date Deliver to Reference
           
           

[Insert complete list of all deliverables required under the terms and conditions of the contract]

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1330-52.227-70 Instructions to Offerors - Awards Expected to Generate Environmental Data or Peer-Reviewed Publications

As prescribed in 1330-27.170(a), insert the following solicitation and contract language: 

INSTRUCTIONS TO OFFERORS – AWARDS EXPECTED TO GENERATE ENVIRONMENTAL DATA OR PEER-REVIEWED PUBLICATIONS (OCT 2016)

  1. Environmental data and information collected, created, or produced under NOAA contracts or orders must be made discoverable by and accessible to the general public, in a timely fashion (typically within two years), free of charge or at no more than the cost of reproduction, unless an exemption, waiver, or extension is authorized by the NOAA Program. Data must be available in at least one machine-readable format, preferably a widely used or open-standard format, and must be accompanied by machine-readable documentation (metadata), preferably based on widely used or international standards.
  2. Environmental data are defined by NOAA Administrative Order (NAO) 212-15: Management of Environmental Data and Information as recorded and derived observations and measurements of the physical, chemical, biological, geological, and geophysical properties and conditions of the oceans, atmosphere, space environment, sun, and solid earth, as well as correlative data such as socio-economic data (personally-identifiable information regarding human subjects must be properly protected or removed), related documentation, and metadata. Digital audio or video recordings of environmental phenomena (such as animal sounds or undersea video) are included in this definition. Numerical model outputs (the data produced by computer simulations of environmental processes) are included in this definition, particularly if they are used to support the conclusion of a peer-reviewed publication. Data collected in a laboratory or other controlled environment, such as measurements of animals and chemical processes, are included in this definition. This does not apply to laboratory notebooks, preliminary analyses, drafts of scientific papers, plans for future research, peer review reports, communications with colleagues, or physical objects, such as laboratory specimens.

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  1. Offerors must include a Data Management Plan of up to two pages describing how these requirements will be satisfied. The Data Management Plan shall be aligned with the Data Management Guidance provided by NOAA in this solicitation. The Data Management Plan and past performance regarding such plans, will be evaluated for award. A plan shall include descriptions of the types of environmental data and information expected to be created during the course of the project; the tentative date by which data accessibility will occur; maintenance or updates to the data (if required); the standards to be used for data/metadata format and content; methods for providing data access; approximate total volume of data to be collected; and prior experience in making such data accessible. Approved submission of data by the contractor to NOAA National Centers for Environmental Information (NCEI), or to a publicly-accessible data repository approved by the NOAA Program Office, shall be sufficient to satisfy the data accessibility requirement as of the date the submission was performed. After the acceptance of data by the Government, unless specifically required in the contract, Data Management Guidance, and period of performance of the contract, the contractor is not required to maintain the data. Once the performance period for the contract has expired, the contractor is no longer responsible for maintaining this information. If the data are not submitted to NCEI, but are instead made accessible by some other means (e.g., on a web server hosted by the contractor) then the contractor shall identify the plan for continued availability.
  2. The costs of data preparation, accessibility, maintenance (if required), or archiving may be included in the price unless otherwise stated in the Data Management Guidance. Accepted submission of data to the NCEI is one way to satisfy data sharing requirements; however, NCEI is not obligated to accept all submissions and may charge a fee, particularly for large or unusual datasets.
  3. The Data Management Plan shall be incorporated into the resultant contract or order. NOAA may, at its own discretion, make publicly visible the Data Management Plan from funded proposals, or use information from the Data Management Plan to produce a formal metadata record and include that metadata in a Catalog to indicate the pending availability of new data.
  4. Contractors are hereby advised that the final pre-publication manuscripts of scholarly articles produced pursuant to the resultant contract or order will be required to be submitted to NOAA Institutional Repository located at http://library.noaa.gov/Research-Tools/IR after acceptance, and no later than upon publication. Such manuscripts shall be made publicly available by NOAA no later than one year after publication by the journal.

(End of solicitation language)

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1330-52.227-71 Awards Expected to Generate Environmental Data or Peer-Reviewed Publications 

As prescribed in 1330-27.170(b), insert the following solicitation and contract language: 

AWARDS EXPECTED TO GENERATE ENVIRONMENTAL DATA OR PEER-REVIEWED PUBLICATIONS (OCT 2016)

Special Award Conditions:

  1. Data Sharing: Environmental data collected, created, or generated under this contract or order must be made publicly visible and accessible in a timely manner, free of charge or at minimal cost that is no more than the cost of distribution to the user, except where limited by law, regulation, policy, or national security requirements. Data are to be made available by the contractor in a form that would permit further analysis or reuse: data must be encoded in a machine-readable format, preferably using existing open format standards; data must be sufficiently documented, preferably using open metadata standards, to enable users to independently read and understand the data. The location (internet address) of the data should be included in the final report. Pursuant to NOAA Information Quality Guidelines, data should undergo quality control (QC) and a description of the QC process and results should be referenced in the metadata. Link to guidelines: http://www.cio.noaa.gov/services_programs/IQ_Guidelines_103014.html
  2. Environmental data are defined by NOAA Administrative Order (NAO) 212-15: Management of Environmental Data and Information as recorded and derived observations and measurements of the physical, chemical, biological, geological, and geophysical properties and conditions of the oceans, atmosphere, space environment, sun, and solid earth, as well as correlative data such as socio-economic data (personally-identifiable information regarding human subjects must be properly protected or removed), related documentation, and metadata. Digital audio or video recordings of environmental phenomena (such as animal sounds or undersea video) are included in this definition. Numerical model outputs (the data produced by computer simulations of environmental processes) are included in this definition, particularly if they are used to support the conclusion of a peer-reviewed publication. Data collected in a laboratory or other controlled environment, such as measurements of animals and chemical processes, are included in this definition. This does not apply to laboratory notebooks, preliminary analyses, drafts of scientific papers, plans for future research, peer review reports, communications with colleagues, or physical objects, such as laboratory specimens.

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  1. Data Accessibility: Approved submission of data by the contractor to NOAA National Centers for Environmental Information (NCEI), or to a publicly accessible data repository as specified in the approved Data Management Plan, shall be sufficient to satisfy the data accessibility requirement as of the date the submission was performed. The contractor shall notify the NOAA Program Official when data accessibility has been performed. After the acceptance of data by the Government, unless specifically required in the solicitation, Data Management Guidance, and period of performance of the contract, the contractor is not required to maintain the data. Once the performance period for the contract has expired, the contractor is no longer responsible for maintaining this information.  If the data are not submitted to NCEI, but are instead made accessible by some other means (e.g., on a web server hosted by the contractor) then contractor should explain plan for continued availability after the contract period ends.
  2. Timeliness: Data accessibility must occur no later than publication of a peer-reviewed article based on the data, or two years after the data are collected and verified, or two years after the original end date of the contract or order (not including any extensions or follow-on funding), whichever is soonest, unless an extension to the date for data submission has been authorized by the contracting officer in coordination with the NOAA Program Official.
  3. Disclaimer: The contractor shall ensure the following statement accompanies data produced under this award and made available to the public: "These data and related items of information have not been formally disseminated by NOAA, and do not represent any agency determination, view, or policy."
  4. Failure to Share Data: Failure or delay on the part of the contractor to make environmental data accessible in accordance with the approved Data Management Plan, unless authorized by the contracting officer, may lead to enforcement actions, and will be considered by NOAA when making future award decisions. The contractor is responsible for ensuring subcontractors also meet these conditions.

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  1. Funding acknowledgement: Federal funding sources shall be identified by the contractor in all scholarly publications. An Acknowledgements section shall be included in the body of the publication stating the relevant contract award number. In addition, funding sources shall be reported during the publication submission process using the FundRef mechanism, located at http://www.crossref.org/fundref/,if supported by the   FundRef provides a standard way to report funding sources for published scholarly research.
  2. Manuscript submission: The final pre-publication manuscripts of scholarly publications produced with NOAA funding shall be submitted to the NOAA Institutional Repository located at http://library.noaa.gov/repository after acceptance, and no later than upon publication, of the paper or article by a journal. NOAA will produce a publicly visible catalog entry directing users to the published version of the article. After an embargo period of one year after publication, NOAA will make the manuscript itself publicly visible, free of charge, while continuing to direct users to the published version of record.
  3. Data Citation: Publications based on data, and new products derived from source data, must cite the data used according to the conventions of the Publisher, using unambiguous labels such as Digital Object Identifiers (DOIs). All data and derived products that are used to support the conclusions of a peer-reviewed publication must be made available in a form that permits verification and reproducibility of the results.

(End of solicitation language)

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1330-52.232-70 NOAA Limitation of Funds on Time-and-Materials and Labor-Hour Contracts

Insert the following language in solicitations, contracts or orders if a time-and-materials or a labor-hour contract is contemplated.

It is estimated that the total cost to the Government for the performance of this contract shall not exceed the ceiling price of _____ [contracting officer insert amount].  Funds in the amount of _______ [contracting officer insert amount] are hereby allotted.  The balance of this contract’s estimated ceiling will be allotted upon availability of funds through a unilateral modification(s). 

Limitation of Funds on Time-and-Materials and Labor-Hour Contracts (MAY 2015)

(a) The parties estimate that performance of this contract will not cost the Government more than the ceiling amount specified in the contract.  The contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within the ceiling amount.

(b) The Schedule specifies the amount of funds presently available for payment by the Government and allotted to this contract as well as the items covered.  The parties contemplate that the Government will allot additional funds incrementally to the contract up to the full estimated cost to the Government specified in the Schedule, provided that funds become available.  The contractor agrees to perform work on the contract up to the point at which the total amount paid and payable by the Government under the contract approximates but does not exceed the total amount actually allotted by the Government to the contract.

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 (c) The contractor shall notify the contracting officer in writing whenever it has reason to believe that the costs it expects to incur under this contract in the next 60 days, when added to all costs previously incurred, will exceed 85% of the total funded amount so far allotted to the contract by the Government.  The notice shall state the additional funds required to continue performance for the period specified in the Schedule.

(d) Except as required by other provisions of this contract, specifically citing and stated to be an exception to this clause –
 

  1. The Government is not obligated to reimburse the contractor for costs incurred in excess of the total amount allotted by the Government to this contract; and
  2. The contractor is not obligated to continue performance under this contract or otherwise incur costs in excess of the amount then allotted to the contract by the Government until the contracting officer notifies the contractor in writing that the amount allotted by the Government has been increased and specifies an increased amount, which shall then constitute the total amount allotted by the Government to this contract.

(e) Change orders shall not be considered an authorization to exceed the amount allotted by the Government specified in the Schedule, unless they contain a statement increasing the amount allotted.

(f) Nothing in this language shall affect the right of the Government to terminate this contract. If this contract is terminated, the Government and the contractor shall negotiate an equitable distribution of all property produced or purchased under the contract, based upon the share of costs incurred by each.

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1330-52.235-70 Compliance with U.S. DOC and other Export Control Regulations 

As prescribed in 1330-35.7004, insert the following solicitation and solicitation and contract language: 

COMPLIANCE WITH U.S. DEPARTMENT OF COMMERCE AND OTHER EXPORT CONTROL REGULATIONS
(MAY 2006)

(a) In performing this contract, the contractor may engage in activities -- such as transfers or releases of items, technology, software, or source code -- that are subject to U.S. export controls, including, but not limited to, those contained in the DOC EAR, 15 C.F.R. Parts 730-774, and administered by the Bureau of Industry and Security. The contractor is responsible for compliance with U.S. export controls and associated licensing requirements that may attach to an export or “deemed export,” as defined in Paragraph (b)(1) of this Section. The contractor shall establish and maintain, throughout the period of contract performance, effective export control compliance procedures covering all contractor employees and all of the contractor’s non-NOAA facilities where the contract shall be performed. Failure to establish, maintain, or adhere to such compliance procedures shall constitute grounds for default termination under this contract as well as a breach of contract by the contractor.

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(b) Definitions.

  1. “Deemed export.” The EAR define a deemed export as any release of technology or source code subject to the EAR to a foreign national, in the United States. Such release is “deemed” to be an export to the home country of the foreign national. 15 C.F.R § 734.2(b)(2)(ii).
  2. “Export-controlled information and technology.” Export-controlled information and technology is information and technology subject to the EAR (15 C.F.R.§ 730 et seq.) or the ITARs, 22 C.F.R. §§ 120-130 (ITAR), administered by the Department of State. This category includes, but is not limited to, dual-use items, defense articles, and any related assistance, services, software, source code, or technical data, as defined in the EAR and ITAR.

(c) The contractor shall prevent unauthorized access by foreign nationals to all export-controlled information and technology that it possesses or that comes into its possession in performance of this contract, to ensure that access by a foreign national is restricted, or licensed, as required by applicable Federal laws, Executive Orders, and/or regulations. If access to EAR or ITAR-controlled technology is required by a foreign national, the contractor must obtain appropriate authorization.

(d) Nothing in the terms of this contract is intended to change, supersede, or waive any of the requirements of applicable Federal laws, Executive Orders or regulations.

(e) The contractor shall include this clause, including this paragraph (e), in all subcontracts under this contract.

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1330-52.237-70 Contractor Communications

As prescribed in 1330-37.570(a), insert the following solicitation and contract language: 

CONTRACTOR COMMUNICATIONS

(a)
A contractor employee shall be identified both by the individual’s name and the contractor’s name when:

  1. Included in NOAA’s locator, and
  2. 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.

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1330-52.237-71 NOAA Government-Contractor Relations – Non-Personal Services

As prescribed in 1330-37.170(a), insert the following solicitation and contract language:

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.

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(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 solicitation and contract language) 

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1330-52.237-72 Contractor Access to NOAA Facilities

As prescribed in 1330-37.570(b), insert the following solicitation and contract language:

CONTRACTOR ACCESS TO NOAA FACILITIES (SEPT 2017)

(a)

  1. NOAA may close and or otherwise deny contractor employees access to a NOAA facility for a portion of a business day or longer for various reasons including, but not limited, to the following events:
  2. The performance of this contract requires employees of the prime contractor or its subcontractors, affiliates, consultants, or team members (“contractor employees”) to have access to and to the extent authorized, mobility within, a NOAA facility.
    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.
  3.  In such events, the contractor employees may be denied access to a NOAA facility that is ordinarily available for the contractor to perform work or make delivery, as required by the contract.

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(b)  In all instances where contractors are denied access or required to vacate a NOAA facility, in part or in whole, the contractor shall be responsible to ensure contractor personnel working under the contract comply. If the circumstances permit, the contracting officer will provide direction to the contractor, either directly or through the contracting officer’s Representative (COR), which could include continuing on-site performance during the NOAA facility closure period; however, if Government oversight is required and is not available, on-site performance shall not be allowed. In the absence of such direction, the contractor shall exercise sound judgment to minimize unnecessary contract costs and performance impacts, for example, performing required work off- site if possible or reassigning personnel to other activities if appropriate.

(c)  The contractor shall be responsible for monitoring the Office of Personnel Management at opm.gov, the local radio, television stations, NOAA web sites, and other communication channels. Once the facility is accessible, the contractor shall resume contract performance as required by the contract.

(d)  For the period that NOAA facilities were not accessible to contractors who required access in order to perform the services, the contracting officer may—

  1. Adjust the contract performance or delivery schedule for a period equivalent to the period the NOAA facility was not accessible;
  2. Forego the work; or
  3. Reschedule the work by mutual agreement of the parties.

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(e)   Notification procedures of a NOAA facility closure, including contractor denial of access, are as follows:

  1. The contractor shall be responsible for notification of its employees of the NOAA facility closure to include denial of access to the NOAA facility. The dismissal of NOAA employees in accordance with statute and regulations providing for such dismissals shall not, in itself, equate to a NOAA facility closure in which contractors are denied access. Moreover, the leave status of NOAA employees shall not be conveyed or imputed to contractor personnel. Accordingly, unless a NOAA facility is closed and the contractor is denied access to the facility, the contractor shall continue performance in accordance with the contract.
  2. Access to Government facilities and resources, including equipment and systems, will be limited and personnel necessary to administer contract performance may not be available. Generally, supply and service contracts that are funded beyond the date of the lapse in appropriation and do not require access to Government facilities, active administration by Government personnel or the use of Government resources in a manner that would cause the Government to incur additional obligations during the lapse in appropriation may continue. If a delivery date for a contract falls during the period of a lapse in appropriations, Government personnel may not be available to receive delivery. Contractors are directed to consult with a contracting officer before attempting to make a delivery. Contracting officers will be available throughout the lapse in appropriation period to provide guidance.

    Once OMB guidance is given, CORs, in consultation with the contracting officer, will notify those contractors that are deemed by the Program Office to be performing excepted work and identify the contractor personnel requiring access to NOAA facilities. CORs will also coordinate with directly with facility management or physical security personnel at respective locations to ensure that the names of contractor personnel requiring access to Government facilities during the lapse in appropriations are provided to physical security personnel.

    Contractors who are not designated as performing excepted work are not allowed access to Government facilities or to utilize Government resources in a manner that would incur any additional obligation of funding on behalf of the Government during the lapse in appropriation.
  3. Unless otherwise specified within the contract award, contractors requiring access to NOAA facilities outside normal business hours or outside the normal workweek shall submit a written request in writing through the COR to the contracting officer. The written request shall provide justification supporting the required access and be submitted ____________ hours/days (contracting officer insert number of days. If blank, 72 hours applies) before access to the NOAA facility is needed.

(End of solicitation and contract language) 

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1330-52.239-170  Incident/Emergency Management

As prescribed in 1330-39.170, insert the following solicitation and contract language: INCIDENT/EMERGENCY MANAGEMENT

All incident management software or services shall comply with the most current version of the OASIS Common Alerting Protocol standard.

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1330-52.242.70 Submittal of Invoices

As prescribed in 1330-42.202-70(b)(5)(B), insert solicitation and contract language to the following:

SUBMITTAL OF INVOICES

The contractor shall prepare and submit an invoice to the COR for approval [with a copy to the contracting officer for information]. All invoices shall be submitted by the 10th day of the subsequent month.

To constitute a proper invoice, the contractor’s invoice shall be prepared in accordance with, and contain all elements specified in, the paragraph titled, “Contractor’s Invoice,” of the applicable prompt payment provision of the contract (e.g., FAR 52.232-25, Prompt Payment; FAR 52.232-26, Prompt Payment for Fixed-Price Architect Engineer Contracts; or FAR 52.232-27, Prompt Payment for Construction Contracts). For contracts and orders for commercial items and services, paragraph (g) of FAR 52.212-4, titled, “Invoices,” applies.

If the invoice does not comply with the applicable prompt payment provision of the contract, the COR will return it to the contractor within seven days after the date the designated office received the invoice along with a statement as to the reasons why it is not a proper invoice.

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1330-52.243-70 Requests for Equitable Adjustment

As prescribed in 1330-43.205-70, insert the following solicitation and contract language in all solicitations and contracts to appropriately address Requests for Equitable Adjustment resulting from unpriced change orders or undefinitized contract actions:

REQUESTS FOR EQUITABLE ADJUSTMENT (OCT 2017)

(a)  The amount of any request for equitable adjustment to contract terms shall accurately reflect the contract adjustment for which the contractor believes the Government is liable. The request shall include only costs for performing the change. All indirect costs included in the request shall be properly allocable to the change in accordance with applicable acquisition regulations.

(b)  Any request for equitable adjustment to contract terms that exceeds the simplified acquisition threshold shall bear, at the time of submission, the following certificate executed by an individual authorized to certify the request on behalf of the Contractor:

I certify that the request is made in good faith, and that the supporting data are accurate and complete to the best of my knowledge and belief.

_____________________________________________
(Official’s Name)

_____________________________________________
(Title)

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(c)  The certification in paragraph (b) of this clause requires full disclosure of all relevant facts, including:

  1. Certified cost or pricing data, if required, in accordance with subsection 15.403-4 of the Federal Acquisition Regulation (FAR); and
  2. Data other than certified cost or pricing data, in accordance with subsection 15.403-3 of the FAR, including actual cost data and data to support any estimated costs, even if certified cost or pricing data are not required.

(d)  The certification requirement in paragraph (b) of this clause does not apply to:

  1. Requests for routine contract payments; for example, requests for payment for accepted supplies and services, routine vouchers under a cost-reimbursement type contract, or progress payment invoices; or
  2. Final adjustments under an incentive provision of the contract.

(End of solicitation and contract language) 

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1330-52.270-304 NOAA Acquisition and Grants Office Ombudsman

As prescribed in 1330-70.303 use the following language in all solicitations and resulting contracts.

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
  3. Identify constraints in transparency

 (b)  The AGO Ombudsman will objectively, reasonably, and responsibly collaborate with parties and recommend fair, impartial, and constructive solutions to the matters presented to him/her. Further, the AGO Ombudsman will maintain the reasonable and responsible confidentiality of the source of a concern, when such a request has been formally made by an authorized officer of an organization seeking to do business with, or already doing business with NOAA.

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(c)  Before consulting with the AGO Ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations with the respective contracting officer for resolution. However, direct access to the AGO Ombudsman may be sought when an interested party questions the objectivity or equity of a contracting officer’s decision, or when there is a bona fide reason to believe that reasonable, responsible, and objective consideration will not be received from an assigned contracting officer.

(d)  There are several constraints to the scope of the AGO Ombudsman’s authority, for instance:

  1. Consulting with the AGO Ombudsman does not alter or postpone the timelines of any formal process (e.g., protests, claims, debriefings, employee employer actions, activities involving A­76 competition performance decisions, judicial or congressional hearings, or proposal, amendment, modification or deliverable due dates).

  2. The AGO Ombudsman cannot participate in the evaluation of proposals, source selection processes, or the adjudication of protests or formal contract disputes.

  3. The AGO Ombudsman is not authorized to generate or alter laws, judicial decisions, rules, policies, or formal guidance.

  4. The AGO Ombudsman is not authorized to develop or alter opportunity announcements, solicitations, contracts, or their terms or conditions.

  5. The AGO Ombudsman cannot overrule the authorized decisions or determinations of the contracting officer.

  6. The AGO Ombudsman has no authority to render a decision that binds AGO, NOAA, the Department of Commerce, or the 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).

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(e)   After review and analysis of a filed concern or recommendation, the AGO Ombudsman may refer the interested party to another more suitable Federal official for consideration. Moreover, concerns, disagreements, and/or recommendations that cannot be resolved by the AGO Ombudsman will need to be pursued through more formal venues.

(f)  The AGO Ombudsman is not to be contacted to request copies of forms and/or documents under the purview of a contracting officer. Such documents include Requests for Information, solicitations, amendments, contracts, modifications, or conference materials.

(g)  Questions regarding items (a) through (f) within this language shall be directed to Rafael Roman, NOAA AGO Ombudsman, at Rafael.Roman@noaa.gov.

(End of solicitation and contract language) 

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Subpart 1330-52.3 NOAA AGO Solicitation and Contract Language Matrix

1330-52.300 Scope of Subpart

The matrix in this subpart contains the listing of all NOAA specific solicitation and contract language requirements, as prescribed throughout the NOAA Acquisition Manual.

1330-52.301 Solicitation and Contract Language Matrix

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Key

Con

Contract*

SAT
Simplified Acquisition Threshold
SOL

Solicitation

SVC

Service

T&M LH
Time-and Materials/ Labor Hours
R&D
Research and Development
*Applies to Purchase Orders and Task/Delivery Orders.  For Task/Delivery Orders: (1) If already in the Contract, it is not necessary to include the language in the Order; or (2) If not already in the Contract, either modify the Contract to include the language or include it in the Order.


Solicitation and Contract Language

Prescribed In NOAA Acquisition Manual Section

SOL or CON
Use
Detailed Description of Use
1330-52.203-70 Scientific Integrity and Research Misconduct  
(OCT 2012)


1330-3.70


SOL & CON
  Solicitations, Contracts, and Orders* exceeding the micro-purchase threshold that provide for the performance of scientific activities or presentation of the results of scientific activities as defined in NAO 202-735D. Incorporation of the language into existing applicable contracts and orders shall be done in conjunction with the next modification to be issued.
1330-52.203-71 Notice of Post-Government Employment Restrictions
(OCT 2015)

  1330-3.104-370(c)(2)

SOL & CON

> SAT

All Solicitations, Contracts, and Orders* exceeding the SAT

1330-52.215-70 Schedule of Deliverables
(SEPT 2005)

1330-15.204-70

SOL & CON

ALL

All Solicitations, Contracts, and Orders* exceeding the SAT.
1330-52.227-70 Instructions to Offerors – Awards Expected to Generate Environmental Data or Peer-Reviewed Publications
(OCT 2016)
1330-27.170(a) SOL ALL All Solicitations expected to generate environmental data or peer reviewed publications (does not apply to purchase card transactions).
1330-52.227-71, Awards Expected to Generate Environmental Data or Peer-Reviewed Publications
(OCT 2016)
1330-27.170(b) CON ALL All Notice of Awards and Contracts or Orders expected to produce environmental data or peer- reviewed publications.
1330-52.232-70 NOAA Limitation of Funds on Time-and-Materials and Labor-Hour Contracts
(MAY 2015)

  1330-32.703-170(b)(2)(D)

SOL & CON

T&M LH
Solicitations, Contracts, and Orders* where a T&M or a LH contract is contemplated.
 


1330-52.235-70 Compliance with U.S DOC and other Export Control Regulations
(MAY 2006)


1330-35.7004


SOL & CON


R&D
Solicitations, Contracts and Orders* for research and development when export-controlled information or technology will be involved or where the contractor may gain access to export-controlled information or technology during the performance of this contract.


1330-52.237-70 Contractor Communications


1330.37-570(a)


SOL & CON


SVC
Solicitations, Contracts, and Orders* for 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 applies to all Contracts and Orders for services regardless of the contract type or kind of service being acquired.
1330-52.237-71 NOAA Government-Contractor Relations – Non-Personal Services Contract (SEPT 2017) 1330.37-170(a) SOL & CON SVC Solicitations, Contracts, and Orders* for all services.  Include in solicitations issued on or after October 1, 2017.
1330-52.237-72 Contractor Access to NOAA Facilities (SEPT 2017) 1330.37-170(b) SOL & CON SVC Solicitations, Contracts, and Orders* for services in which a contractor will require access to NOAA facilities and resources, including equipment and systems, or to make a delivery. Include in solicitations issued on or after October 1, 2017.

1330-52.239-170 Incident/Emergency Management
(OCT 2005)

1330-18.7002

1330-39.170

SOL & CON
  Solicitations, Contracts, and Orders* for Incident/Emergency Management Software or Services.


1330-52.242-70 Submittal of Invoices
(FEB 2011)


  1330-42.202-70(b)(5)(B)


CON
  Procedures to delegate invoice approval authority: Where a formal delegation of authority to the COR is not required for a Contract or Order*, include language similar to the language at 1330-52.242-70, Submittal of Invoices, to effect the delegation in the award document provided to the Finance Office (FO).
1330-52.243-70 Requests for Equitable Adjustment
(OCT 2017)
1330-43.205-70 SOL & CON All Solicitations and Contracts
1330-52.270-304 NOAA Acquisition and Grants Office Ombudsman
(OCT 2016)
1330-70.304 SOL & CON ALL Contracting officers must identify the AGO Ombudsman in their initial acquisition announcements to the public, and in subsequent formal notices and documents, such as solicitations, draft solicitations, orders/calls and awards.

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