NOAA Acquisition Manual

Main Table of Contents

Subchapter H- Clauses and Forms


Part 1330-52 Solicitation and Contract Language

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

1330-52.232-70 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 Solicitation and Contract Language

1330-52.237-70 Contractor Communications

1330-52.239-170 Incident/Emergency Management

1330-52.242-70 Submittal of Invoices

Subpart 1330-52.3 NOAA AGO 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 

Subpart 1330-52.2 Text of Solicitation and Contract Language

1330-52.300 Scope

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 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:
 

a. 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.

b. 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:

 i. 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

ii. 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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1330-52.232-70 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.

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(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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1330-52.239-170  Incident/Emergency Management

As prescribed in 1330-39.107, 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 similar 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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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 SOL or CON Use Detailed Description of Use
.
1330-52.203-70 Scientific Integrity and Research Misconduct  (OCT 2012)

NAM 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)

NAM 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)

NAM 1330-15.204-70

SOL & CON

ALL

All Solicitations, Contracts, and Orders* exceeding the SAT.
1330-52.232-70 NOAA Limitation of Funds on Time-and-Materials and Labor-Hour Contracts
(MAY 2015)

NAM 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)


NAM 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


NAM 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.

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

NAM 1330-18.7002

NAM 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)


NAM 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).
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