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HomeMy WebLinkAboutNational Oceanic and Atmospheric Administration (NOAA) 2017-03-012017 NATIONAL GEODETIC SURVEY Cay 00- SWI -209 NOAA's Legacy of International Scientific Cooperation and Polar Motion Studies: Preserving the Ukiah and Gaithersburg Latitude Observatories CONTRACT BUDGET v 5.0 03-01-17 Project consists of three main elements: 1. Interpretive plaque of NOAA/NGS history at Ukiah and Gaithersburg Latitude Observatories to further STEM curriculum and community understanding through on-site educational programs. 2. Interpretive and curriculum preparation for the public and for schools using grade appropriate STEM core standards. 3. Create dedicated interpretive center by relocating telescopes, tools and other supplies and equipment used for interpretive program and classes to new utility bu+ldirig Observer's Residence garage after wiring, storage, security and other essential upgrades. (Ukiah Unified School District currently leases residence for Community Transition Program. Lease renewal f/y 17/18 will not include use of garage.) REVISED MARCH2O17 BUDGET Description and deliverables NOAA/NGS Interpretive plaque content and design Fabrication of Ukiah CA Observatory Park outdoor NOAA/NGS interpretive plaque Adaptation and Fabrication of Gaithersburg MD Observatory Park outdoor NOAA/NGS interpretive plaque Curriculum preparation Minor remodel upgrade of Observers residence garage(wiring, shelving, security ) for instruments, tools and supplies. Total / Budget version history: Ori - Jan 6, 2016 v2.0 - June 22, 2016 v3.0 - Nov 11, 2016 A.0 - Feb 10, 2017 v5.0 - March 1, 2017 Contract Amounts $4,000 $1,500 $ 2,000 $2,000 $12,000 f. l SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 O 18 OFFEROR TO COMPLETE BLOCKS 1�, 17, 23r .24 & 30 NCNL1000-17-00585 2. CONTRACT NO. 3. AWARD/E rEC j\ 4.ORDER NUMBER 5. SOLICI rATION NUMBER a SOLKRATION ISSUE DATE DATE EA133C17SU0205 mw r, 2017 30b NAM AND TITL OF SIG -R (Typeorpnn't) IS, a9esgA33C co �o 30c D SIGNED a. NAME b. TELEPHONE NUMBER (No collect 8 OFFER DUE DATE/ 7. FOR SOLICITATION KELLY PARR calls) LOCAL TIME INFORMATION CALL: KELLY. PARR @N OAA.GOV 757-605-7411 9. ISSUED BY CODE AJ930073 10. THIS ACQUISITION IS ❑ UNRESTRICTED OR ❑ SET ASIDE: % FOR: NOAA)ERAD ❑ SMALL BUSINESS ❑ WOMEN -OWNED SMALL BUSINESS 200 GRANBY STREET (WOSB) ELIGIBLE UNDER THE WOMEN -OWNED NORFOLK VA 23510 ❑ HUBZONE SMALL SMALL BUSINESS PROGRAM NAICS: BUSINESS ❑ EDWOSB SERVICE -DISABLED VETERAN -OWNED SIZE STANDARD: SMALL BUSINESS ❑ 8 (A) 11. DELIVERY FOR FOB DES NA- 12. DISCOUNT TERMS ❑ 13a THIS CONTRACT IS A 13 RATING TION UNLESS BLOCK IS RATED ORDER UNDER MARKED DPAS (1 5 CFA 700) 14, METHOD 0- SOLICITATION ❑X SEE SCHEDULE nc A t- ❑ RFQ ❑ IFB ❑ RFP 15. DELIVER TO CODE NFFR7000 16. ADMIN€STEREO BY CODE AJ 930073 NOAA/NMFS NOAA/ERAD SWFSC ACQUISITIONS 8901 LA JOLLA SHORES OR 200 GRANBY STREET LA JOLLA CA 92037 NORFOLK VA 23510 17a CONTRACTOR) CODE 00027712 FACILITY IBa- PAYMENT WILL BE MADE 8Y OFFEROR. CODE CODE AJ111DI2 UKIAH, CITY OF NOAA FINANCE OFFICE, ACID 300 SEMINARY AVE 20020 CENTURY BLVD UKIAH CA 95482 GERMANTOWN MD 20874 CAGE: 1 WGX8 TIN: 946000446 DUNS! 074642893 TELEPHONE NO. ❑ 17b. CHECK IF REMITTANCE IS DI=FERENT AND PUTSUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED ❑ SEE ADDENDUM 19. ITEM NO 20. SCHEDULE OF SUPPLIES/SERVICES 21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT Please see continuation page for line item details. $ 121000,03 r (Use Reverse and/or Attach Additionol Sheets as Necessary) 25. ACCOUNTING AND APPROPRIATION DATA 28 TO AL WARD MOUNT (For Govt eon y) See Schedule --------------------- $12,000.00 __ - ___._..-__._ .....___._-....... ..�..,.,,�..��....,,�,,,, 11. uARE u ARENOTAITACHED © 27b.CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52212-4 FAR 52212-5 IS ATTACHED ADDENDA ARE ❑ ARENOTAITACHED ❑ 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN1129. AWARD OF CONTRACT: REF OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AVD ON ANY DATE . YOUR OFFER ON SOLICITATION ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: 30a. SIGNATURE OF OFFEAOR/CONTRACTOR 31a. U ED ATES OFJ C j 7 IGNA ! OP CON RACT1NGOf ICER) 30b NAM AND TITL OF SIG -R (Typeorpnn't) IS, a9esgA33C co �o 30c D SIGNED 37bjNAV CO RA INGO FI R (Typeorprint) THURA. ILDEBRANDT 757-441-6865 ADREW. 3 1 c DATE YGNFD C 1 t -A 15, M HILDEBRANDT@NOAA.GOV Mw %,, JO 17 AUTHORIZED FOR LOCAL REPRODUC ON STANDARD FORM 1449 (REV 2/2012) PREVIOUS EDITION 15 NOT USABLE Prescribed by GSA - FAR (48 CFR) 53212 10 14. ITEM NO. 327i. QUANrITY IN 2021, SCHEDULE OF SUPPLIESrSERVICES I COI.UMN 21 IA; BEEN QIJANTiTV UNIT 2 UNIT PRICE 24 AMOUNT � i I C I 1 4 I M RECEIVED 171 (NSPECTEO 0 ACCEPTED, AND CONFORMS TO THE CON IAACi, EXCEPT AS NOTED 32b. S!r !A URE O UTHORr D GOVc_RN'MF2c. DATE 32d. p1tlN D 1Ar'.E APiD T1UT'JOFu2rr3 CoV HNP�ICN ' REPRESENTATIVE REPRESENTATIVE 32e. MAiI.ING ADORL•SS Or AU!HORIZED GOVERNMENT REPRESEN iATlVE 32 TELPHONE NUMBER OF AUTHORZEU GOVERN EM pRESENTAfIVE 329. r-IVIAli.OF AI)IHOH ZEOGOVERNMENT REPRESENTATIVE 33 SHIP NUMR 34 VC)'' C e N I BER 35. AMOUNT "ERiHED 36.PAVMENT 1ITCHENNUMRER CORRECTFOR PARTIAL FINAL ❑ COMPLETE L__J PARTIAL � FINAL 38. S/R ACCOUNT NO 39. SiR VuJCHER NUMBER 40, PAID BY 41 a. I CERTIFY THIS ACCOUNT 15 CORRECT AND PROPER FOR PAYMENT 42a RECEIVED BY /print} 411, SIGNATURE ANO 171OX rEpll YINr,n FICFFz alr, DA 42b RECEIVED AT (Locaiia,o 42c DAIT RECD ")WA/(IDI 42x1 Tf)TAI CON AIN AS �,'.IANUARUFORM 1449 (REV. 2/2012) BACK EA133C17SU0205 Attachment Page NOAA's Legacy of International Scientific Cooperation and Polar Motion Studies: Preserving the Ukiah and Gaithersburg Latitude Observatories STATEMENT OF WORK PURPOSE: The proposed interpretive plaques, updated visitor brochures and website and the curriculum developed by this project will greatly enhance the restored Ukiah and deliverables also provided to the Gaithersburg International Latitude Observatories The display of heritage assets (the Wanschaff zenith telescope and Strosser and Rohde sidereal clock) used in the international study will help visitors appreciate the applied scientific method and the unique role the 1JSC&GS had in the United States becoming a preeminent leader in scientific inquiry TECHNICAL SPECIFICATIONS: The City of Ukiah will be responsible for carving out the project to: (1) Fund the fabrication, site preparation and placement of the outdoor interpretive panels at the observatory (including one to be placed by the City of the Gaithersburg International Latitude Observatory) describing NOAA'S legacy in the International Polar Motion study Using "project" funds, a graphic artist will be contracted with for interpretive panel design (including plaques and printed material) that will follow each cities existing design scheme for continuity (NOAA NGS staff will be consulted for the content of the outdoorplaque and provide final approval.) (2) Volunteers from the observatory, local historical societies and museums will assist in drafting and editing content of interpretive material Printed material and website content will be finalized by city staff. (3) Ukiah will consult with Ukiah Unified School District for the coordinating signage content with appropriate curriculum (4) To provide fora dedicated exhibit space and interpretive center in Ukiah, a new 10 x 12 storage building will be built for telescopes, instruments, educational supplies and other materials Items currently are stored in the old Observatory Office restricting space for the interpretive exhibit DELIVERABLE SCHEDULE. • All contracts for services and purchase of materials will be executed no later than 12 months from project conception TECHNICAL POINT OF CONTACT: Dana J. Caccamisc It Pacific Southwest Regional Advisor (CA, NV) NOAA's National Geodetic Survey (NGS) Scripps Institution of Oceanography, UCSD MC 0225 1 Department IGPP i Room 3206 8775 Biological Grade La Jolla, CA 92037 E-mail: dana.caccam ise0a noaa gov Telcphonc. (858)822-0557 Mobile: (301)787-6393 URL: geodesy noaa.gov PAGE 3 OF 18 EAS 33C17SU0205 Attachment Page 3 ntities that Require Certain Internal Confidentiality (a) The Contractor shall not require employees or subcontractors seeking to report fraud, %taste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect (c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information (d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub L 1 13-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause (2) The Government may seek any available remedies in the event the Contractor fails to comply with the provisions of this clause. (End of clause) FAR 52.-212.4 -- Contract Terms and Conditions=- Commercial Items (May 2015) (a) bapectioi✓Acceptance The Contractor shall only tender for acceptance those items that conform. to the requirements of this contract The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance The Government may require repair or replacement of nonconforming supplies or performance of nonconform trig services at no increase in contract price. If repair/replaceutent or performance wiil not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services The Government must exercise its post - acceptance rights -- (1) Within a reasonable time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition ofthe item, unless the change is due to the defect in the item (b) Assignment The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U S C.3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. (c) Changes Changes in the terms and conditions of this contract maybe made only by written agreement of the parties PAGE 4 OF 18 EA1331317SU0205 Attachment Paye (d) Disputes. This contract is subject to 41 US C chapter 71 Contract Disputes Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52 233-1, Disputes, which is incorporated herein by reference The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract (e) Definitions. The clause at FAR 52 202-1, Definitions, is incorporated herein by reference (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably, possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g) Invoice (1) The Contractor shall submit an crigina invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include -- (i) Name and address of the Contractor, (ii) Invoice date and number; (iii) Contract number, contract line item numberand, if applicable, the order number; (iv) Description, quantity, unit ofineasure, unit price and extended price ofthe items delivered; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment ifshipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be seat, (viii) Name, title, and phone number of person to notify in event of defective invoice, and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract (x) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e g., 52.232-33, Payment by Electronic Funds Transfer— System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures PAGE 5 OF 18 EA133C17SU0205 Attachment Page (C) EFT banking information is not required if the Government waived the requirement to pay by EFT (2) Invoices will be handled in accordance with the Prompt Payment Act (31 U S.0 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CPR part 1315. (h) Patent indemnity The Contractor shall indemnify the Government and its officers. employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified ofsuch claims and proceedings. (i) Payment ( I ) Items accepted Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract (2) Prompt Payment The Government will make payment in accordance with the Prompt Payment Act (31 U.S.0 3903) and prompt payment regulations at 5 CPR Part 1315 (3) Electronic Funds Transfer (EFT) If the Government makes payment by EFT, see 52 212-5(b) for the appropriate EFT clause (4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made (5) Overpayments If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has Qtherwi5e overpaid on a contract financing or invoice payment, the Contractor shall— (i) Rem it the overpayment amount to the payment office cited in the contract along with a description of tic overpayment including the— (A) Circumstances of the overpayment (e g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment), (B) Affecred contract number and delivery order number, if applicable, (C) Affected contract line item orsubline item, ifapplicable, and (D) Contractor point of contact. (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer (6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S,C 7109, which is applicable to the period in which the amount becomes due, as provided in PAGE 6 OF 18 EA1 33C 1 7SU0205 Attachment Page (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract (iii) Final decisions The Contracting Officer will issue a final decision as required by 33.211 if— (A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement, or (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2) (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment (v) Amounts shall be due at the earliest of the following dates: (A) The date fixed under this contract (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on— (A) The date on which the designated office receives payment from the Contractor; (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor (vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32 608-2 of the Federal Acquisition Regulation in effect on the date of this contract. Q) Risk ojloss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon: (1) Delivery of the supplies to a carrier, if transportation is fo b origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b destination (k) Taves The contract price includes all applicable Federal, State, and local taxes and duties. PAGE 7 OF 18 EA1 33C1 7SU0205 Attachment Page (1) Terniination far the Government's conventence The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose This paragraph does not give the Government any right to audit the Conuactot's iecuids The Cuutiactui shall not be paid for any work performed or costs incurred which reasonably could have been avoided (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or ifthe Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless ofwhen or where the Government takes physical possession. (o) Warranty The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract (p) Limitation ofliabihty. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items (q) Other compliances The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract (r) Compliance with Imvs unique to Government contracts. The Contractor agrees to comply with 31 U.S C 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit, 40 U S C chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S C 2409 relating to whistleblower protections; 49 U.S C 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity. (s) Order ofprecedence Ary inconsistencies in this solicitation orcontract shall be resolved by giving precedence in the following order: (1) The schedule of supplies/services (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause (3) The clause at 52 212-5 (4)Addenda to this solicitation orcontract, including any license agreements for computer software. (5) Solicitation provisions if this is a solicitation (6) Other paragraphs of this clause (7) The Standard Form 1449 PAGE 8 OF 18 EA1 33C 1 7SU0205 Attachment Page (8) Other documents, exhibits, and attachments (9) The specification (t) System for Award Management (SAM) (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document (2) (i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change -of - name agreements in Subpart 42 12, the Contractor shall provide the responsible Contracting Officer a mimmutn of one business day's written notification of its intention to (A) Change the name in the SAM database; (A) Comply with the requirements of Subpart 42 12 of the FAR; (C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor mustprovide with the notification sufficient documentation to support the legally changed name (ii) If the Contractor fails to comply with the requirements of paragraph (tx2)(i) of this clause, or fails to perforin the agreement at paragraph (t)(2)(ixC) of this clause, and, in the absence of a properly executed novation or change -of -name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be conNered to be incorrect information within the meaning of the "Suspension cf Payment" paragraph of the electronic funds transfer (EFT) clause of this contract (3) The Contractor shall not change the namc or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32 8, Assignment of Claims) Assignees shall be separately registered in the SAM database Info. mation provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the `Suspension of payment' paragraph of the EFT clause ofthis contract (4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through Ihtt-ps gov (u) Unauthorized Obligations (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End Use License Agreement (EULA), Terms of Service (TOS); or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or PAGE 9 OF 18 EA133C17SU0205 Attachment Page any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti - Deficiency Act violation (31 U.S C 1341), the following shall govern: (i) Any such clause is unenforceable against the Government (ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanists (e g., "click -wrap" or "browse -wrap" agreements), execution does not bind the Government or any Govemment authorized end user to such clause (iii) Any such clause is deemed to be stricken frau the EULA, TOS, or similar legal instrument or agreement (2) Pamgraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures. (v) Incorporation by reference The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract. (End of clause) FAR 52.212-5 — Contract Terms and Conditions Required to Implement Statutes or Executive Orders — Commercial Items (Jun 2016) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to ::.{:: of commercial items - (1) 52 209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (2) 52233-3, Protest After Award (AUG 1996) (31 U.S C 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Iav«5 108-77, 108-78 (19 U S.0 3805 note)) (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items - [Contracting Oficer check as appropriate.] (1) 52 203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U S.C. 4704 and 10 U.S.0 2402). (2) 52 203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U S.0 3509) _(3) 52 203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pth 1. 1 1 1-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). PAGE 10 OF 18 EA133C17SU0205 Attachment Page (4)52204-10, Reporting Executive compensation and First -Tier Subcontract Awards (Oct 2015) (Pub L 109-282) (31 U S.C. 6101 note). (5) [Reserved] (6) 52 204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. 1, 1 I1-117, section 743 of Div. C) _ (7) 52 204-15, Service Contract Reporting Requirements for Indefinite -Delivery Contracts (Jan 2014) (Pub L 11 I-1 17, section 743 of Div. C). (8) 52 209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U S C 6101 note). _ (9) 52 209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). _ (10) [Reserved] (l 1)(i) 52.219-3, Notice of HUBZone Set -Aside or Sole -Source Award (Nov 201 l) (15 U S.C. 657a) (ii) Alternate I (Nov 2011) of 52.219-3 _ (12) (i) 52 2194, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(! 5 U S C. 657a) _ (ii) Alternate 1(Jan 201 1) of 52 219-4 (13) [Reserved] _ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 201 1) (15 U.S.C. 644). (ii) Alternate I (Nov 20! 1) (iii) Mtemate II (Nov 2011). _ (15)(i) 52 219-7, Notice of Partial Small Business Set -Aside (June 2003) (15 U.S.C. 644) _ (ii) Alternate 1 (Oct 1995) of 52 219-7 (iii) Alternate H (Mar 2004) of 52 219-7. _ (16) 52 219-8, Utilization of Small Business Concerns (Oct 2014) (15 U S C 637(d)(2) and (3)) (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U S.C. 637 (d)(4)) (ii) Alternate I (Oct 200 1) of 52219-9. — (iii) Alternate lI (Oct 200 t) of 52 219-9 _ (iv) Alternate III (Oct 2015) of 52 219-9 PAGE 11 OF 18 EA133C17SU0205 Attachment Page (18) 52.219.13, Notice of Set -Aside of Orders (Nov 201 1) (15 U S C, 644(r)). ^(19)52.219-14,Limitations on Subcontracting (Nov 2011) (15 U.S.0 637(a)(14)) _ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S C. 637(d)(4)(F)(i)) (71) i2 21u-27. Notice of Ser:iee-D!r nbloj %reteran-rh.;Tied Swlall H11�11w,�snik. (Nov 2011 i i 15 ITS C (57-1- _ 57f_ (22) 52 219.28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S C 632(a)(2)). _ (23) 52.219-29, Notice of Set -Aside for, or Sole Source Award to, Economically Disadvantaged Women -Owned Small Business Concerns (Dec 2015) (15 U S C 637(m)) _ (24) 52219-30, Notice of Set -Aside for, or Sole Source Award to, Women -Owned Small Business Concerns Eligible Under the Women -Owned Small Business Program (Dec 2015) (15 U S C. 637(m)). _X_ (25) 52 222-3, Convict Labor (June 2003) (E.O. 11755). _X_ (26) 52.222-19, Child Labor --Cooperation with Authorities and Remedies (Feb 2016) (E O 13126) (27) 52 222-21, Prohibition of Segregated Facilities (Apr 20 15) (28) 52 222-26, Equal Opportunity (Apr 2015) (E O 1 1246) _(29)52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U S.0 4212). _ (30) 52 222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S C 793) (31) 52 222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.0 4212). _ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 20 10) (E.O 13496) _X_ (33) (i) 52 222-50, Combating Trafficking in Persons (Mar 2015) (22 U S.C. chapter 78 and EO 13627) _ (it) Alternate 1 (Mar 20 15) of 52 222-50, (22 U.S.C. chapter 78 and F. O. 13627) _ (34) 52.222-54, Employment Eligibility Verification (Oct 2015) (E O 12989) (Not applicable to the acquisition of eommercially available off-the-shelf items or certain other types of commercial items as prescribed in 22 1803 ) _ (35) (i) 52 223-9, Estimate of Percentage of Recovered Material Content for EPA -Designated Items (May 2008) (42 U S C. 6962(cX3XA)(ii)). (Not applicable to the acquisition of commercially available off- the-shelf items ) _ (ii) Alternate I (May 2008) of 52 223-9 (42 U S.0 6962(ix2XC)) (Not applicable to the acquisition of commercially available off-the-shelf items) PAGE 12 OF 18 EA1 33C1 7SU0205 Attachment Page _ (36) 52.223-11, Ozone -Depleting Substances and High Global Warming Potential Hydro fluorocarbons (Jun 2016) (E 0. 13693) _ (37) 52 223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E O 13693). _ (38)(i) 52.223-13, Acquisition of EPFAT® -Registered Imaging Equipment (Jun 2014) (E O s 13423 and 13514 _ (ii) Alternate 1(Oct 2015) of 52 223-13. (3 9) (i) 52 223-14, Acquisition of EPFAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514). _ (ii) Alternate I (Jun 2014) of 52 223-14. _ (40) 52.223-15, Energy Efficiency in Energy -Consuming Products (Dec 2007) (42 U.S C. 8259b) (4 1) (i) 52 223-16, Acquisition of EPEATID -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514) _ (ii) Alternate I (Jun 2014) of 52 223-16. (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). _(43)52.223-20, Aerosols (Jun 2016)(F O 13693) _(44)52 223-21, Foams (Jun 2016) (E O 13696) (45) 52 225-1, Buy American --Supplies (May 2014) (41 U S.C. chapter 83). _ (46)(1) 52.225-3, Buy American --Free Trade Agreements --Israeli Trade Act (May 2014) (41 U.S.0 chapter 83, 19 U S.C. 3301 note, 19 U.S C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-S3,109-169, 109-283,110-138, 11241, 112-42, and 112- 43). _ (ii) Alternate I (Mav 2014) of 52 225-3 _ (iii) Alternate R (May 2014) of 52.225-3. _ (iv) Alternate III (May 2014) of 52.2253 (47) 52 225-5, Trade Agreements (Feb 2016) (19 U.S.0 2501, et seq., 19 U S C 3301 note) _X_ (48) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E O 's, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). _ (49) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.0 2302 Note) PAGE 13 OF 18 EA133C17SU0205 Attachment Page ___(50)52 226-4, Notice of Disaster or Emergency Area Set -Aside (Nov 2007) (42 U S.C. 5150). (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U S C. 5150). _ (52) 52 232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U S C. 4505), 10 US C 2307(t)) (53) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U S.C. 4505, 10 U.S.C. 2307(f)j. X__ (54) 52 232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U S.0 3332) _ (55) 52 23234, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S C 3332) _ (56) 52 232-36, Payment by Third Party (May 2014) (31 U S C. 3332) _X_ (57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S C. 552a). _ (58)(i) 52247-64, Preference for Privately Owned U S. -Flag Commercial Vessels (Feb 2006) (46 U S C Appx 1241 (b) and 10 U.S C 2631). (ii) Alternate I (Apr 2003) of 52.247-64 (c) The Contractor shal! comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated In this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items: [Contracting OJJ<cer check as appropriate ] (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O 13495) (2) 52 222-41, Service Contract Labor Standards (May 2014) (41 U.S.0 chapter 67.) (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 IJS,C chapter 67) _. (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U S C 206 and 41 U.S.0 chapter 67) _ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S C. chapter 67) _ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (delay 2014) (41 U S.0 chapter 67) _ (7) 52 222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services --Requirements (May 2014) (41 U S C chapter 67) PAGE 14 OF 18 EA133C17SU0205 Attachment Page _ (8) 52 222-55, Minimum Wages Under Executive Order 13658 (Dec 2015)(E.0 13658) (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.0 1792) _ _ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U S C 51 12(pX 1)) (d) Compiroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52 215-2. Audit and Records -- Negotiation (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, orreproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4 7, Contractor Records Retention, of the other clauses of this contract If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement Records relating to appeals under the disputes clause or to litigation or the settlement of claims an'sing under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form This does not require the Contractor to create or maintain arry record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law (e) (1) Notwithstanding the requ;rements of the clauses in paragraphs (al (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercia! items Unless otherwise indicated below, the extent of the flow down shall be as required by the clause— (i) 52 203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U S C 3509). (ii) 52 219-8, Utilization of Small Business Concerns (Oct 2014) (I5 U.S C 637(dX2) and (3)), in all subcontracts that offer further subcontracting opportunities if the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1 5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52 222-17, Nondisplacement of Qualified Workers (May 2014) (E O 13495) Flow down required in accordance with paragraph (1) of FAR clause 52 222-17 (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015) (v) 52 222-26, Equal Opportunity (Apr 2015) (E O 1 1246) (vi) 52 222-35, Equal Opportunity for Veterans (Oct 2015) (38 U S C 4212). (vii) 52 222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U S C 793) PAGE 15 OF 18 EA133C17SU0205 Attachment Page (vin) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U S C 4212) (ix) 52 222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496) Flow down required in accordance with paragraph (f) of FAR clause 52.222- 40 (x) 52 222-41, Service Contract Labor Standards (May 2014),(41 U.S C chapter 67) (xi) _ (A) 52 222-50, Combating "Trafficking in Persons (Mar 2015) (22 U.S.0 chapter 78 and E.0.13627) _ (B) Alternate I (Mar 2015) of 52 222-50 (22 U.S C chapter 78 E.O. 13627). (xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment --Requirements (May 2014) (41 US C chapter 67 ) (xiii) 52 222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services --Requirements (May 2014) (41 U S.0 chapter 67) (xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O 12989). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008, 10 U.S.0 2302 Note) (xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S C 1792) Flow down required in accordance with paragraph (e) of FAR clause 52 226-6 (xviii) 52247-64, Preference for Privately -Owned U S. Flag Commercial Vessels (Feb 2006) (46 U S C. Appx 1241(b) and 10 U S C 263 1) Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations (End of clause) FAR 52.252-2, CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text Upon request, the Contracting Officer will make their fill text available Also, the full text of a clause may be accessed electronically at this address: htt�_"!s:!srtc.hill;a'mllr (End of clause) PAGE 16 OF 18 EA133C17SU0205 Attachment Page The following CAR clause is provided in full text: CAR 1352.246 -70 Place ofacceptance (APR 2010) (a) The Contracting Officer or the duly authonzed representative will accept supplies and scry ices to be provided under this contract. (b) "rhe place of acceptance will be: NOAH/State Advisors Group /N/NGS 1 X l 1315 E -W Hwy, SMMC-3, RIM 9356 Silver Spring, MU 20910 The following NOAA Acquisition Manual (NAM) clause is included in full text: NAM 1330-52.237-70 CONTRACTOR COMMUNICATIONS (a) A contractor employee shall be identified both by the individua;'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 The following contract clauses are incorporated by reference: FAR 52 204-13 Contractor Code of Business Ethics and Conduct (Oct 20 15) FAR 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) CAR 1352.201-70 Contracting Officer's Authority (APR 2010) CAR 1352.209-73 Compliance with the Laws (APR 2010) CAR 1352.209-74 Organizational Conflict of Interest (APR 2010) CAR 1352 237-71 Security Processing Requirement4--Low Risk Contracts PAGE 17 OF 18 EA1 33C1 7SU0205 0001 ITEM N0. T SCHEDULE Continued SUPPLIESISERVICES Ol MAIL INVOICE FOR PAYMENT CERTIFICATION TO Sonita Tiwari (Point of Contact) NOAA State Advisors Group /N/NGS1X1 1315 E -W Hwy, SSMC -3 RM 9356 Silver Spring, MD 20910 301-713-3231 x115 A COPY OF THE INVOICE SHALL ALSO BE PROVIDED TO: Kelly Parr NOAA/ERAD 200 Granby Street, Room 815 Norfolk, Virginia 23510 SEND INVOICE VIA E-MAIL TO: sonita.tiwari@noaa.gov kelly.parr@noaa.gov PAYMENT WILL BE MADE BY: NOAA Finance Office, AOD 20020 Century Blvd. Germantown, MD 20874 Preserving the Ukiah and Gaithersburg Latitude Observatories The proposed interpretive plaques, updated visitor brochures and website and the curriculum developed by this project will greatly enhance the restored Ukiah and deliverables also provided to the Gaithersburg International Latitude Observatories. The display of heritage assets (the Wanschaff zenith telescope and Strosser and Rohde sidereal clock) used in the international study will help visitors appreciate the applied scientific method and the unique role the USC&GS had in the United States becoming a preeminent leader in scientific inquiry. Accounting and Appropriation Data: 14.17.R8KNRGA PPS.1043.011010005. 1011000103000000.25262535.000000 $12,000.00 Period of Performance: 03/01/2017 to 02/28/2018 1.001 i f PAGE 18 OF 18 EAMC17SU0205 EA 12,000.001 12,000.00