**SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS**

**B.1 SUPPLIES TO BE ACQUIRED**

Note: This is an indefinite quantity contract. The unit prices below are
on a firm fixed price basis. The performance period is set forth in
Section F. Items containing XXXXX in the Quantity columns are for
presentation purposes only; priced Items are set forth thereunder.

Item Identification Minimum Maximum Unit

[No.]{.underline} [of supplies]{.underline} [Quantity]{.underline}
[Quantity]{.underline} [Price]{.underline}

**0001 1680 MHz XXXXX XXXXX XXXXX**

**(ART) Type IIA**

**Radiosondes**

**Offeror\'s Radiosonde
Model:**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

0001A New 1680 MHz 10,000 30,000 \$

(ART) Type IIA

Radiosondes

000lB Reconditioned 0 3,250 \$

1680 MHz

(ART) Type IIA

Radiosondes

0001C Reconditioned 0 10 \$

1680 MHz

(ART) Type IIA

SPU-11 Radiosonde

Interface Units

0001D Documentation 0 lot 1 lot \$

for 1680 MHz

(ART) Type IIA

Radiosondes

**B.1 SUPPLIES TO BE ACQUIRED (cont'd)**

Item Identification Minimum Maximum Unit

[No.]{.underline} [of supplies]{.underline} [Quantity]{.underline}
[Quantity]{.underline} [Price]{.underline}

**0002 1680 MHz XXXXX XXXXX XXXXX**

**(ART) Type IIA**

**Radiosondes**

**Offeror\'s Radiosonde
Model:**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

0002A New 1680 MHz 4,500 15,000 \$

(ART) Type IIA

Radiosondes

0002B Reconditioned 0 1,750 \$

1680 MHz

(ART) Type IIA

Radiosondes

0002C Reconditioned 0 5 \$

1680 MHz

(ART) Type IIA

SPU-11 Radiosonde

Interface Units

0002D Documentation 0 lot 1 lot \$

for 1680 MHz

(ART) Type IIA

Radiosondes

**Solicitation Note:** The Government contemplates making two awards
from this solicitation; provided, however, that the Government reserves
the right to make a single award or no award at all from the
solicitation. In the event that the Government makes two awards from
this solicitation, one award would encompass the applicable line items
under Item 0001 and the other award would encompass the applicable line
items under Item 0002. Offers may not be submitted for quantities less
than those specified in the solicitation. \[This \"**Solicitation
Note**\" is part of the solicitation, but will not be part of any
resultant contract.\]

**B.2 QUALIFIED PRODUCTS LIST**

All radiosondes, whether new or reconditioned, to be delivered under
this contract are subject to a Qualified Products List requirement.
These products must have been qualified at the time of contract award
(reference the Section \"I\" clause of this contract entitled
\"Qualification Requirements\"). The Qualified Products List as of the
date of issuance of this solicitation consists of the following:

[Radiosonde Type]{.underline} [Radiosonde Model]{.underline}

IIA Vaisala P/N RS80-57H

IIA Sippican P/N 1492-540

Configuration changes to qualified radiosondes shall not be allowed
under this contract without prior written approval from the Contracting
Officer.

**B.3 RECONDITIONED RADIOSONDES**

The Contractor shall adhere to NOAA/National Weather Service Radiosonde
Technical Specification No. J060-SP003 Rev. D, Amendment 1, dated May 2,
2003, which is incorporated as Exhibit A hereto, with respect to the
reconditioning of radiosondes.

As provided for by Items 0001B or 0002B, as appropriate, the Government
may furnish to the Contractor during the course of the contract
"reconditionable radiosondes" in order for the Contractor to recondition
them. It is acceptable for the Contractor to deliver to the Government a
new radiosonde in lieu of reconditioning a \"reconditionable
radiosonde\"; however, in such circumstance, it is understood that the
Government will only pay the price for a reconditioned radiosonde as set
forth in Items 0001B or 0002B, as appropriate.

Radiosondes to be reconditioned under this contract may include
radiosondes built under other contracts; provided, however, that the
radiosonde model is the same as the radiosonde model being built under
this contract.

**B.4 VARIABILITY IN QUANTITY RETURNED FOR RECONDITIONING**

Any order for Items 0001B or 0002B is subject to a ±25% variation in the
number of actual radiosondes returned for reconditioning.

For example, if the Government orders 1,000 reconditioned radiosondes
but only provides the Contractor 800 radiosondes for reconditioning, the
Contractor will only be entitled to be reimbursed for 800 radiosondes
(since 800 is within the range of 25% of 1,000). Conversely, in this
situation, the Government may provide up to 1,250 radiosondes for
reconditioning and the Contractor would therefore be reimbursed for
reconditioning of 1,250 radiosondes (since 1,250 is within the range of
25% of 1,000).

**B.5 Contract Type (CAR 1352.216-70) (March 2000)**

This is an indefinite quantity contract type contract (with firm fixed
unit prices) for supplies. It consists of a base period (for the purpose
of placing orders) from contract award to sixteen months thereafter and
no one-year options.

**B.6 Minimum and Maximum Contract Amounts (CAR 1352.216-72) (March
2000)**

During the period specified in the ORDERING clause (FAR 52.216-18), the
Government shall place orders totaling a minimum of the Minimum Quantity
for the applicable Items set forth in Section B.1. The amount of all
orders shall not exceed the Maximum Quantity for the applicable Items
set forth in Section B.1.

**B.7 Reconditioned SPU-11 Radiosonde Interface Units**

As provided for by Items 0001C or 0002C, as appropriate, the Government
may furnish to the Contractor during the course of the contract
malfunctioning SPU-11 Radiosonde Interface Units in order for the
Contractor to recondition them. It is acceptable for the Contractor to
deliver to the Government a new SPU-11 Radiosonde Interface Unit in lieu
of reconditioning an existing unit; however, in such circumstance, it is
understood that the Government will only pay the price for a
reconditioned SPU-11 Radiosonde Interface Unit as set forth in Items
0001C or 0002C, as appropriate.

Reconditioned SPU-11 Radiosonde Interface Units delivered by the
Contractor under this contract (or any new SPU-11 Radiosonde Interface
Units delivered by the Contractor under this contract in lieu of
reconditioning existing units) shall be identical to the SPU-11
Radiosonde Interface Units previously delivered by the Contractor to the
Government (under one or more other contracts) unless the Contracting
Officer's Technical Representative (COTR) authorizes, in writing, any
changes proposed by the Contractor. In no event shall any changes
authorized by the COTR result in any increase in the unit price of Items
0001C or 0002C.

**SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT**

**C.1 Statement of Work/Specifications**

The Contractor shall furnish the necessary personnel, material,
equipment, services and facilities (except as otherwise specified) to
perform the Specification referenced as an attachment in Section J
(i.e., NOAA/National Weather Service Radiosonde Technical Specification
No. J060-SP003 Rev. D, Amendment 1, dated May 2, 2003, which is
incorporated as Exhibit A hereto).

The Contractor shall adhere to said specification; provided, however,
that the following deviations and waivers are approved by the Government
and authorized in the performance of this contract:

> *Note: Approved deviations and waivers will be identified at time of
> contract award.*

**C.2 RADIOSONDE DOCUMENTATION REQUIREMENTS**

With respect to NOAA/National Weather Service Radiosonde Technical
Specification No. J060-SP003 Rev. D, Amendment 1, dated May 2, 2003
(which is incorporated as Exhibit A hereto) and the requirements of
Paragraph 3.8 thereto, if radiosonde documentation is ordered by the
Government under Items 0001D or 0002D of this contract, the Contractor
shall submit for Government approval the test procedures and other
documentation set forth below. These data may be identical to data
previously submitted to the Government for use under one or more other
contracts or they may be modified data specifically for use on this
contract. In the event that they are identical to data previously
submitted to the Government, the Contractor need only submit one copy
F.O.B. Destination to the Contracting Officer's Technical Representative
(COTR). In the event that they are modified procedures, the Contractor
shall submit F.O.B. Destination to the Government the number of copies
called for by the aforementioned specification.

> Required Test Procedures/Other Documentation (with applicable
> specification paragraph)

1\. Field Preparation, Preflight and Release Instructions, paragraph
3.4.6

2\. Battery Preparation Plan (Included in above), paragraph 3.4.14

3\. Flight Similitude Test, paragraph 4.4.7.5

4\. Battery Performance Test, paragraph 4.6.2.1

5\. Reconditioning Plan, paragraph 3.4.7

6\. Warranty Plan, paragraph 3.4.8

7\. Temperature Sensor Accuracy, paragraph 4.4.3 (for Sippican Model
1492-540 radiosonde only)

8\. Temperature Sensor Reflectivity, paragraph 4.4.7.2.4

9\. Additional Reflectivity/Emissivity, paragraph 4.4.7.2.5 (for
Sippican Model 1492-540 radiosonde only)

10\. Humidity Sensor Accuracy, paragraph 4.4.7.3.1

11\. Humidity Sensor Temperature Correction, paragraph 4.4.7.3.2

12\. Humidity Sensor Time Response, paragraph 4.4.7.3.4

13\. Humidity Sensor Hysteresis, paragraph 4.4.7.3.6

14\. Pressure Sensor Aging, paragraph 4.4.7.1

15\. Temperature Sensor Aging, paragraph 4.4.7.2.3

16\. Humidity Sensor Aging, paragraph 4.4.7.3.5

17\. Material Safety Data, paragraph 5.6.3

**SECTION D - PACKAGING AND MARKING**

**D.1 PACKAGING AND MARKING**

For all radiosondes to be furnished under Items 0001A, 0001B, 0002A, and
0002B of this contract, the Contractor shall adhere to the packaging and
marking requirements set forth in NOAA/National Weather Service
Radiosonde Technical Specification No. J060-SP003 Rev. D, Amendment 1,
dated May 2, 2003, which is incorporated as Exhibit A hereto.

All documentation and all reconditioned SPU-11 radiosonde interface
units, if any, to be delivered under this contract shall be packaged and
packed in accordance with best commercial practice to assure safe
delivery at destination. Packages shall be marked with the contract
number of this contract and an identification of the contents of the
package.

**SECTION E - INSPECTION AND ACCEPTANCE**

**E.1 INSPECTION AND ACCEPTANCE**

Nothing contained in this Section E.1 or in NOAA/National

Weather Service Radiosonde Technical Specification J060-SP003 Rev. D,
Amendment 1, dated May 2, 2003, shall be construed to waive any of the
rights of the Government provided for by Federal Acquisition Regulation
(FAR) Clause 52.246-2, entitled \"Inspection of
Supplies\--Fixed-Price,\" incorporated by reference in Section E.2 of
this contract.

Inspection (for the purpose of acceptance) and acceptance or rejection
of the radiosondes to be furnished under Items 0001A, 0001B, 0002A, and
0002B of this contract shall be made by the Contracting Officer's
Technical Representative (COTR). Further inspection requirements are
specified in NOAA/National Weather Service Radiosonde Technical
Specification J060-SP003 Rev. D, Amendment 1, dated May 2, 2003, which
is incorporated as Exhibit A hereto.

As provided for by FAR Clause 52.246-2 and Section 4.5.4 of
NOAA/National Weather Service Radiosonde Technical Specification
J060-SP003 Rev. D, Amendment 1, dated May 2, 2003, the Government has
the right to test all radiosondes called for by this contract to the
extent practicable, at all places and times before acceptance. The
Government expects to invoke this right with respect to the first
month's supply of radiosondes ordered under this contract, as well as
with other radiosondes ordered under this contract if determined
appropriate by the Government.

Inspection (for the purpose of acceptance) and acceptance or rejection
of all documentation and all reconditioned SPU-11 radiosonde interface
units, if any, to be furnished under this contract shall be made by the
Contracting Officer\'s Technical Representative (COTR) at destination.

**E.2 INCORPORATION OF CONTRACT CLAUSES BY REFERENCE**

The following contract clauses pertinent to this section are hereby
incorporated by reference:

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

TITLE FAR

CITATION DATE

> Inspection of Supplies\-- 52.246-02 AUG 1996

Fixed-Price

Responsibility for Supplies 52.246-16 APR 1984

**SECTION F - DELIVERIES OR PERFORMANCE**

**F.1 DELIVERY OF NEW AND RECONDITIONED RADIOSONDES**

Delivery of new and reconditioned radiosondes to be furnished under this
contract shall be made F.O.B. Destination in accordance with schedules
specified in delivery orders issued pursuant to FAR Clause 52.216-18,
entitled \"Ordering,\" incorporated by reference in Section \"I\" of
this contract. The Government shall not unilaterally require deliveries
to commence earlier than two (2) months after issuance of a delivery
order. During any calendar month in which delivery of radiosondes under
a particular Item is required, the Government shall not unilaterally
require delivery of less than or more than the following numbers of
radiosondes for such Item:

Minimum Maximum

[Item]{.underline} [Amount]{.underline} [Amount]{.underline}

0001A 1,200 4,000

0002A 800 2,000

0001B 200 1,200

0002B 200 800

Note: The minimum and maximum amounts shown above for Items 0001B and
0002B take into account the variation provided for by the Section \"B\"
clause entitled \"Variability in Quantity Returned for Reconditioning.\"

Deliveries of new and reconditioned radiosondes shall be made F.O.B.
Destination to:

National Logistics Support Center

1510 E. Bannister Road, Building 1

Kansas City, Missouri 64131

Mark for: Tracye L. Gregory

**F.2 DELIVERY OF RECONDITIONED INTERFACE UNITS**

Delivery of reconditioned SPU-11 radiosonde interface units, if any, to
be furnished under this contract shall be F.O.B. Destination to the
Contracting Officer's Technical Representative at the address set forth
in Section G.1 of this contract.

Delivery schedules for reconditioned interface units shall be specified
in delivery orders issued pursuant to FAR Clause 52.216-18, entitled
\"Ordering,\" incorporated by reference in Section \"I\" of this
contract. The Government shall not unilaterally require delivery of a
reconditioned SPU-11 radiosonde interface unit to take place earlier
than one (1) month after receipt of the interface unit to be
reconditioned at the f.o.b. point for delivery of Government furnished
property (reference Section F.5 of this contract and FAR Clause
52.247-55, incorporated by reference in Section F.4 of this contract).

During any calendar month, the Government shall not unilaterally require
delivery of more than two (2) reconditioned SPU-11 radiosonde interface
units.

**F.3 PERIOD OF PERFORMANCE**

The contract shall become effective upon award. Delivery orders may be
placed under this contract (pursuant to FAR Clause 52.216-18, entitled
\"Ordering,\" incorporated by reference in Section \"I\" of this
contract) through the period ending sixteen months thereafter.

The Contractor shall complete performance of all orders placed
hereunder. The Government agrees that it will not place an order calling
for delivery of new radiosondes or reconditioned SPU-11 radiosonde
interface units beyond the period ending 1 year after the conclusion of
the ordering period. Additionally, the Government agrees that it will
not place an order requiring delivery of reconditioned radiosondes
beyond the period ending 2 years after the conclusion of the ordering
period.

Nothing contained herein shall be construed to relieve the Contractor
from compliance with the Section \"I\" clause of this contract entitled
\"Warranty of Systems and Equipment under Performance Specifications or
Design Criteria.\"

**F.4 INCORPORATION OF CONTRACT CLAUSES BY REFERENCE**

The following contract clauses pertinent to this section are hereby
incorporated by reference:

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

FAR

[CITATION]{.underline} [DATE]{.underline}

Stop-Work Order 52.242-15 AUG 1989

F.O.B. Destination 52.247-34 NOV 1991

Government Delay of Work 52.242-17 APR 1984

F.O.B. Point for Delivery of 52.247-55 JUN 2003

Government-Furnished Property

Delivery of Excess Quantities 52.211-17 SEP 1989

**F.5 LOCATION OF F.O.B. POINT FOR DELIVERY OF GOVERNMENT-FURNISHED
PROPERTY**

\(a\) With respect to FAR Clause 52.247-55, entitled \"F.O.B. Point for
Delivery of Government-Furnished Property,\" incorporated by reference
in Section F.5 of this contract, the Contractor\'s receiving plant
location shall serve as the F.O.B. point for delivery of
Government-furnished property except as otherwise provided in said
clause. In this regard, the street address, city, county, state, zip
code, and country in which the Contractor\'s receiving plant is located
are:

Street Address:
[\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline}

City:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

County:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

State:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Zip Code:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Country:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\(c\) In accordance with FAR Clause 52.247-55, should the Contractor\'s
receiving plant be located outside the contiguous United States or
Canada, the Contractor may designate a location within the contiguous
United States which will serve as the F.O.B. point for delivery of
Government-furnished property. In such case, the F.O.B. point designated
by the Contractor is:

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**F.6 DELIVERY OF DOCUMENTATION**

In the event that the Government orders radiosonde documentation (Item
0001D or Item 0002D, as applicable), delivery of such documentation
shall be made F.O.B. Destination to the Contracting Officer's Technical
Representative and/or the Contracting Officer as called for by Section
C.2 of this contract and NOAA/National Weather Service Radiosonde
Technical Specification No. J060-SP003 Rev. D, Amendment 1, dated May 2,
2003, which is incorporated as Exhibit A to this contract. Initial
delivery of the radiosonde documentation shall take place not later than
one month after delivery order issuance in accordance with FAR Clause
52.216-18, entitled \"Ordering,\" incorporated by reference in Section
\"I\" of this contract.

**F.7 SCHEDULE OF DELIVERABLES (NOAA)(DEC 2005)**

Following is a schedule of all deliverables, including administrative
deliverables, required during the period of performance of this
contract:

[Item]{.underline} [Description]{.underline} [Qty.]{.underline} [Due
Date]{.underline} [Deliver To]{.underline} [Ref.]{.underline}

0001A/ New 1680 MHz See Section F.1 of Contract

0002A (ART) Type IIA

Radiosondes

0001B/ Reconditioned See Section F.1 of Contract

0002B 1680 MHz(ART)

> Type IIA
>
> Radiosondes

0001C/ Reconditioned See Section F.2 of Contract

0002C 1680 MHz (ART)

Type IIA

SPU-11 Radiosonde

Interface Units

0001D/ Documentation See Section F.6 of Contract

0002D for 1680 MHz

(ART) Type IIA

Radiosondes

Subcontracting See Section H.3 of Contract,

Reports Federal Acquisition Regulation

(FAR) Clause 52.219-09,

Alternate II (incorporated by

reference in Section I.1 of

> the contract),and reverse side
>
> of Standard Form 294 and
>
> Standard Form 295

**SECTION G - CONTRACT ADMINISTRATION DATA**

**G.1 Contracting Officer's Technical Representative (COTR)**

**(CAR 1352.201-71) (February 2005)**

a\. [\*]{.underline} is hereby designated as the Contracting Officer's
Technical Representative (COTR). The COTR may be changed at any time by
the Government without prior notice to the Contractor by a unilateral
modification to the Contract. The COTR is located at:

> \* *The name, location, and phone number of the COTR will be
> identified at the time of contract award.*

b\. The responsibilities and limitations of the COTR are as follows:

\(1\) The COTR is responsible for the technical aspects of the project
and serves as technical liaison with the Contractor. The COTR is also
responsible for the final inspection and acceptance of all reports, and
such other responsibilities as may be specified in the contract.

\(2\) The COTR is not authorized to make any commitments or otherwise
obligate the Government or authorize any changes which affect the
Contract price, terms or conditions. Any Contractor request for changes
shall be referred to the Contracting Officer directly or through the
COTR. No such changes shall be made without the expressed prior
authorization of the Contracting Officer (CO). The CO may designate
assistant or alternate COTR(s) to act for the COTR by naming such
assistant/alternate(s) in writing and transmitting a copy of such
designation to the Contractor.

**G.2 Contracting Officer\'s Authority**

**(CAR 1352.201-70) (March 2000)**

The Contracting Officer is the only person authorized to make or approve
any changes in any of the requirements of this contract and
notwithstanding any provisions contained elsewhere in this contract, the
said authority remains solely in the Contracting Officer. In the event
the Contractor makes any changes at the direction of any person other
than the Contracting Officer, the change will be considered to have been
made without authority and no adjustment will be made in the contract
terms and conditions, including price.

**G.3 GOVERNMENT FURNISHED PROPERTY - MATERIAL**

Radiosondes and SPU-11 radiosonde interface units, if any, returned for
reconditioning under this contract are Government-furnished property
pursuant to FAR Clause 52.245-2, entitled "Government Property
(Fixed-Priced Contract)," incorporated by reference in Section "I" of
this contract. Reconditioned radiosondes will be returned to the
Contractor in the manner specified in NOAA/National Weather Service
Radiosonde Technical Specification No. J060-SP003 Rev. D, Amendment 1,
dated May 2, 2003, which is incorporated as Exhibit A hereto.

**G.4 SUBMISSION OF INVOICES**

Each invoice submitted by the Contractor shall be accompanied by a copy
of the documentation evidencing that all shipments included in the
invoice have been made. Invoices shall be submitted in triplicate to the
Contracting Officer's Technical Representative (COTR) at the address set
forth in Section G.1.

**G.5 REMITTANCE ADDRESS**

With respect to any payment by check made under this contract, the
address of the Contractor set forth on the front page of this contract
shall serve as the remittance address unless a different remittance
address is set forth below:

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**G.6 Placement of Orders**

The Contractor shall provide supplies under this Contract only as
directed in Delivery Orders. In accordance with FAR 16.505, each order
will include:

1\. Date of order.

2\. Contract number and order number.

3\. Item number and description, quantity, and unit price.

4\. Delivery schedule.

5\. Place of delivery (if different from that specified in the
contract).

6\. Packaging, packing, and shipping instructions (if different from
that specified in the contract).

7\. Accounting and appropriation data.

8\. Method of payment and payment office, if not specified in the
contract.

9\. Any other pertinent information.

In accordance with FAR 52.216-18, ORDERING, the following individuals
(or activities) are authorized to place orders against this contract:

Contracting Officers of the U.S. Department of Commerce, NOAA

**SECTION H - SPECIAL CONTRACT REQUIREMENTS**

**H.1 COMPLIANCE WITH LAWS**

The Contractor shall comply with all applicable laws, rules and
regulations having the force of law which deal with or relate to
performance hereunder or the employment by the Contractor of the
employees necessary for such performance, and shall procure such
permits, licenses and other required authorizations from the

United States and from state and local authorities as may be necessary
in connection with beginning or carrying on to completion of the
contract work, and shall at all times comply with all United States,
state and local laws in any way affecting the contract work.

**H.2 NOTICE TO THE GOVERNMENT OF DELAYS**

In the event the Contractor encounters difficulty in meeting performance
requirements, or when it anticipates difficulty in complying with
contract delivery schedule or date, or whenever the Contractor has
knowledge that any actual or potential situation is delaying or
threatens to delay the timely performance of this contract, the
Contractor shall immediately notify the Contracting Officer, and the
Contracting Officer\'s Technical Representative, in writing, giving
pertinent details; provided, however, that this data shall be
informational only in character and that this provision shall not be
construed as a waiver by the Government of any delivery schedule or date
or of any rights or remedies provided by law or under this contract.

**H.3 SUBCONTRACTING REPORTS**

Note: This clause applies only in the event a Subcontracting Plan is
required pursuant to FAR Clause 52.219-9, Alternate II, entitled \"Small
Business Business Subcontracting Plan,\" incorporated by reference in
Section \"I\" of this contract.

Submittals of Standard Forms 294 and 295 shall be in an original and one
copy. The copy shall be mailed to the Contracting Officer. The original
shall be mailed to:

> U.S. Department of Commerce
>
> Office of Small and Disadvantaged Business Utilization
>
> 14th Street and Constitution Avenue, N.W.
>
> Washington, D.C. 20230

**H.4 Regulatory Notice (CAR 1352.252-70) (March 2000)**

Contractors are advised that certain provisions and clauses identified
with a Commerce Acquisition Regulation (CAR) notation for identification
purposes, have not yet been incorporated into the CAR. However, all of
these items are binding for this acquisition and will eventually be
contained in the CAR at Part 13 of Title 48 of the Code of Federal
Regulations.

**H.5 SUBCONTRACTING PLAN**

Note: This clause applies only in the event a Subcontracting Plan is
required pursuant to FAR Clause 52.219-9, Alternate II, entitled \"Small
Business Subcontracting Plan,\" incorporated by reference in Section
\"I\" of this contract.

The Subcontracting Plan attached as Exhibit B to this contract is a part
of this contract.

**H.6 UNDERSTANDING RELATIVE TO TERMINATION FOR CONVENIENCE**

In the event that the Government terminates this contract pursuant to
FAR Clause 52.249-2, entitled \"Termination for Convenience of the
Government (Fixed-Price),\" incorporated by reference in Section \"I\"
of the contract, the Government shall have no liability for costs
incurred in anticipation that a delivery order would be placed under
this contract pursuant to FAR Clause 52.216-18, entitled \"Ordering,\"
incorporated by reference in Section \"I\" of this contract, unless the
Contracting Officer authorizes the Contractor, in writing, to incur such
costs.

**H.7 Printing** **(CAR 1352.208-70) (March 2000)**

Unless otherwise specified in this contract, the Contractor shall not
engage in, or subcontract for, any printing (as that term is defined in
Title I of the Government Printing and Binding Regulations in effect on
the effective date os this contract) in connection with performing under
this contract. Provided, however, that performing a requirement under
this contract involving the duplicating of less than 5,000 units of only
one page, or less than 25,000 units in the aggregate of multiple pages,
such pages not exceeding a maximum image size of 10 and 3/4 inches by 14
and 1/4 inches, will not be deemed printing.

**H.8 Harmless from Liability** **(CAR 1352.233-70) (March 2000)**

The Contractor shall hold and save the Government, its officers, agents,
and employees harmless from liability of any nature or kind, including
costs and expenses to which they may be subject, for or on account of
any or all suits or damages of any character whatsoever resulting form
injuries or damages sustained by any person or persons or property by
virtue of performance of this contract, arising or resulting in whole or
in part from the fault, negligence, wrongful act or wrongful omission of
the contractor, or any subcontractor, their employees, and agents.

**H.9 Organizational Conflict of Interest**

**(CAR 1352.209-71) (March 2000)**

\(a\) The Contractor warrants that, to the best of the Contractor's
knowledge and belief, there are no relevant facts or circumstances which
would give rise to an organizational conflict of interest, as defined in
FAR Subpart 9.5, or that the Contractor has disclosed all such relevant
information.

\(b\) The Contractor agrees that if an actual or potential
organizational conflict of interest is discovered after award, the
Contractor make will a full disclosure in writing to the Contracting
Officer. This disclosure shall include a description of actions which
the Contractor has taken or proposes to take, after consultation with
the Contracting Officer, to avoid, mitigate, or neutralize the actual or
potential conflict.

\(c\) Remedies - The Contracting Officer may terminate this contract for
convenience, in whole or in part, if it deems such termination necessary
to avoid an organizational conflict of interest. If the Contractor was
aware of a potential organizational conflict of interest prior to award
or discovered an actual or potential conflict after award and did not
disclose or misrepresented relevant information to the Contracting
Officer, the Government may terminate the contract for default, debar
the Contractor for Government contracting, or pursue such other remedies
as may be permitted by law or this contract.

\(d\) The Contractor further agrees to insert provisions which shall
conform substantially to the language of this clause, including the
paragraph (d), in any subcontract of consultant agreement hereunder.

**PART II - CONTRACT CLAUSES**

**SECTION I - CONTRACT CLAUSES**

**I.1 INCORPORATION OF CONTRACT CLAUSES BY REFERENCE**

The following contract clauses pertinent to this section are hereby
incorporated by reference:

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

[FAR CITATION]{.underline} [CLAUSE TITLE]{.underline} [CLAUSE
DATE]{.underline}

52.202-01 DEFINITIONS JUL 2004

52.203-03 GRATUITIES APR 1984

52.203-05 COVENANT AGAINST CONTINGENT FEES APR 1984

52.203-06 RESTRICTIONS ON SUBCONTRACTOR SALES JUL 1995

TO THE GOVERNMENT

52.203-07 ANTI-KICKBACK PROCEDURES JUL 1995

52.203-08 CANCELLATON, RESCISSION, AND JAN 1997

RECOVERY OF FUNDS FOR ILLEGAL OR

IMPROPER ACTIVITY

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL JAN 1997

OR IMPROPER ACTIVITY

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE SEP 2005

CERTAIN FEDERAL TRANSACTIONS

52.204-04 PRINTED OR COPIED DOUBLE-SIDED ON AUG 2000

RECYCLED PAPER

52.204-07 CENTRAL CONTRACTOR REGISTRATION OCT 2003

52.209-06 PROTECTING THE GOVERNMENT\'S INTEREST JAN 2005

WHEN SUBCONTRACTING WITH CONTRACTORS

DEBARRED, SUSPENDED, OR PROPOSED FOR

DEBARMENT

52.211-5 MATERIAL REQUIREMENTS\* AUG 2000

> \* This clause shall not apply to Items 0001B, 0001C, 0002B, or 0002C.

52.215-2 AUDIT AND RECORDS-NEGOTIATION JUN 1999

52.215-8 ORDER OF PRECEDENCE - UNIFORM OCT 1997

CONTRACT FORMAT

52.215-14 INTEGRITY OF UNIT PRICES OCT 1997

52.216-18 ORDERING OCT 1995

The following is inserted in the first blank in the clause: \"the date
of contract award\"

The following is inserted in the second blank in the clause: \"the
period ending one year thereafter."

52.216-22 INDEFINITE QUANTITY OCT 1995

> The following is inserted in the blank in the last sentence of the
> clause: \"the period set forth in Section F.3 of this contract."

52.219-04 NOTICE OF PRICE EVALUATION JUL 2005

PREFERENCE FOR HUBZONE SMALL BUSINESS

CONCERNS

In Paragraph (c) of the clause:

\[ \] Offeror elects to waive the evaluation preference.

52.219-08 UTILIZATION OF SMALL BUSINESS CONCERNS MAY 2004

52.219-09 SMALL BUSINESS SUBCONTRACTING PLAN JUL 2005

ALTERNATE II (OCT 2001)

52.219-16 LIQUIDATED DAMAGES-SUBCONTRACTING JAN 1999

PLAN

52.222-19 CHILD LABOR - COOPERATION WITH JAN 2006

AUTHORITIES AND REMEDIES

52.222-20 WALSH-HEALEY PUBLIC CONTRACTS ACT DEC 1996

52.222-21 PROHIBITION OF SEGREGATED FACILITIES FEB 1999

52.222-26 EQUAL OPPORTUNITY APR 2002

52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED DEC 2001

VETERANS, VETERANS OF THE VIETNAM ERA,

AND OTHER ELIGIBLE VETERANS

52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH JUN 1998

DISABILITIES

52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED DEC 2001

VETERANS, VETERANS OF THE VIETNAM ERA,

AND OTHER ELIGIBLE VETERANS

52.222-39 NOTIFICATION OF EMPLOYEE RIGHTS DEC 2004

CONCERNING PAYMENT OF UNION DUES

OR FEES

52.223-03 HAZARDOUS MATERIAL IDENTIFICATION JAN 1997

AND MATERIAL SAFETY DATA --

ALTERNATE I (JULY 1995)

In Paragraph (b) of the clause:

Material Identification

(If none, insert "None")

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_

52.223-06 DRUG-FREE WORKPLACE MAY 2001

52.223-14 TOXIC CHEMICAL RELEASE REPORTING AUG 2003

52.225-05 TRADE AGREEMENTS APR 2006

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN FEB 2006

PURCHASES

52.227-01 AUTHORIZATION AND CONSENT JUL 1995

52.227-02 NOTICE AND ASSISTANCE REGARDING AUG 1996

PATENT AND COPYRIGHT INFRINGEMENT

52.227-03 PATENT INDEMNITY APR 1984

52.227-14 RIGHTS IN DATA - GENERAL JUN 1987

52.227-16 ADDITIONAL DATA REQUIREMENTS JUN 1987

52.229-03 FEDERAL, STATE, AND LOCAL TAXES APR 2003

52.232-01 PAYMENTS APR 1984

52.232-08 DISCOUNTS FOR PROMPT PAYMENT FEB 2002

52.232-11 EXTRAS APR 1984

52.232-17 INTEREST JUN 1996

52.232-23 ASSIGNMENT OF CLAIMS JAN 1986

52.232-25 PROMPT PAYMENT OCT 2003

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER OCT 2003

\-- CENTRAL CONTRACTOR REGISTRATION

52.233-01 DISPUTES JUL 2002

52.233-03 PROTEST AFTER AWARD AUG 1996

52.242-13 BANKRUPTCY JUL 1995

52.243-01 CHANGES - FIXED PRICE AUG 1987

52.243-07 NOTIFICATION OF CHANGES APR 1984

> The following is inserted in the
>
> blank in paragraph (b): \"14\"
>
> The following is inserted in the
>
> blank in paragraph (d): \"14\"

52.244-06 SUBCONTRACTS FOR COMMERCIAL ITEMS JUL 2004

52.245-02 GOVERNMENT PROPERTY (FIXED-PRICE MAY 2004

> CONTRACTS)

52.246-23 LIMITATION OF LIABILITY FEB 1997

52.248-01 VALUE ENGINEERING FEB 2000

52.249-02 TERMINATION FOR CONVENIENCE MAY 2004

> OF THE GOVERNMENT (FIXED-PRICE)

52.249-08 DEFAULT(FIXED-PRICE SUPPLY APR 1984

AND SERVICE)

52.253-01 COMPUTER GENERATED FORMS JAN 1991

**I.2 QUALIFICATION REQUIREMENTS (FAR 52.209-1)(FEB 1995)**

\(a\) Definition. \"Qualification requirement,\" as used in this clause,
means a Government requirement for testing or other quality assurance
demonstration that must be completed

before award.

\(b\) One or more qualification requirements apply to the supplies or
services covered by this contract. For those supplies or services
requiring qualification, whether the covered product

or service is an end item under this contract or simply a component of
an end item, the product, manufacturer, or source must have demonstrated
that it meets the standards prescribed for qualification before award of
this contract. The product, manufacturer, or source must be qualified at
the time of award whether or not the name of the product, manufacturer,
or source is actually included on a qualified products list, qualified

manufacturers list, or qualified bidders list. Offerors should contact
the agency activity designated below to obtain all requirements that
they or their products or services, or their

subcontractors or their products or services, must satisfy to become
qualified and to arrange for an opportunity to demonstrate their
abilities to meet the standards specified for

qualification.

(Name) [NOAA Code OFA63, E. Tennant]{.underline}

(Address) [1305 East-West Highway, #7128, Silver Spring, MD
20910]{.underline}

\(c\) If an offeror, manufacturer, source, product or service covered by
a qualification requirement has already met the standards specified, the
relevant information noted below

should be provided.

Offeror\'s Name
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Manufacturer\'s Name
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Source\'s Name
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Item Name
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Service Identification
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Test Number \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
(to the extent known)

\(d\) Even though a product or service subject to a qualification
requirement is not itself an end item under this contract, the product,
manufacturer, or source must nevertheless be qualified at the time of
award of this contract. This is necessary whether the Contractor or a
subcontractor will ultimately provide the product or service in
question. If, after award, the

Contracting Officer discovers that an applicable qualification
requirement was not in fact met at the time of award, the Contracting
Officer may either terminate this contract for

default or allow performance to continue if adequate consideration is
offered and the action is determined to be otherwise in the
Government\'s best interests.

\(e\) If an offeror, manufacturer, source, product or service has met
the qualification requirement but is not yet on a qualified products
list, qualified manufacturers list, or qualified bidders list, the
offeror must submit evidence of qualification prior to award of this
contract. Unless determined to be in the Government\'s interest, award
of this contract shall

not be delayed to permit an offeror to submit evidence of qualification.

\(f\) Any change in location or ownership of the plant where a
previously qualified product or service was manufactured or performed
requires reevaluation of the qualification. Similarly,

any change in location or ownership of a previously qualified
manufacturer or source requires reevaluation of the qualification. The
reevaluation must be accomplished before the

date of award.

**I.3 WARRANTY OF SYSTEMS AND EQUIPMENT UNDER PERFORMANCE SPECIFICATIONS
OR DESIGN CRITERIA** (Similar to FAR 52.246-19)

\(a\) Definitions.

\"Acceptance,\" as used in this clause, means the act of an authorized
representative of the Government by which the Government assumes for
itself, or as an agent of another, ownership of existing and identified
supplies, or approves specific services rendered, as partial or complete
performance of the contract.

\"Correction,\" as used in this clause, means the elimination of a
defect.

\"Defect,\" as used in this clause, means any condition characteristic
in any supplies or services furnished by the Contractor under the
contract that is not in compliance with the requirements of the
contract.

\"Supplies,\" as used in this clause, means the end items

furnished by the Contractor and related services required under this
contract. Except when this contract includes the clause entitled
Warranty of Data, supplies also means \"data.\"

\(b\) Contractor\'s obligations.

\(1\) The Contractor\'s warranties under this clause shall apply only to
those defects discovered by either the Government or the Contractor
within one year after delivery of new or reconditioned radiosondes and
within three years after delivery of reconditioned SPU-11 radiosonde
interface units.

\(2\) If the Contractor becomes aware at any time before

acceptance by the Government (whether before or after tender to

the Government) that a defect exists in any supplies or services, the
Contractor shall (i) promptly correct the defect, or (ii) promptly
notify the Contracting Officer, in writing, of the defect, using the
same procedures prescribed in paragraph (b)(3) of this clause.

\(3\) If the Contracting Officer determines that a defect exists in any
of the supplies or services accepted by the Government under this
contract, the Contracting Officer shall promptly notify the Contractor
of the defect, in writing, within 30 days after discovery of the defect.
Upon timely notification of the existence of a defect, or if the
Contractor independently discovers a defect in accepted supplies or
services, the Contractor shall submit to the Contracting Officer, in
writing, within 10 days a recommendation for corrective actions,
together with supporting information in sufficient detail for the
Contracting Officer to determine what corrective action, if any, shall
be undertaken.

\(4\) The Contractor shall promptly comply with any timely written
direction from the Contracting Officer to correct or partially correct a
defect, at no increase in the contract price.

\(5\) The Contractor shall also prepare and furnish to the

Contracting Officer data and reports applicable to any correction
required under this clause (including revision and updating of all other
affected data called for under this contract) at no increase in the
contract price.

\(6\) In the event of timely notice of a decision not to correct or only
to partially correct, the Contractor shall submit a technical and cost
proposal within 15 days to amend the contract to permit acceptance of
the affected supplies or services in accordance with the revised
requirement, and an equitable reduction in the contract price shall
promptly be negotiated by the parties and be reflected in a supplemental
agreement to this contract.

\(7\) Any supplies or parts thereof corrected or furnished in

replacement and any services reperformed shall also be subject to the
conditions of this clause to the same extent as supplies or services
initially accepted. The warranty, with respect to these supplies, parts,
or services, shall be equal in duration to that set forth in paragraph
(b)(1) of this clause, and shall run from the date of delivery of the
corrected or replaced supplies.

\(8\) The Contractor shall not be responsible under this clause for the
correction of defects in Government-furnished property (other than
radiosondes or SPU-11 radiosonde interface units returned to the
Contractor for reconditioning under this contract), except for defects
in installation, unless the Contractor performs, or is obligated to
perform, any modifications or other work on such property. In that
event, the Contractor shall be responsible for correction of defects
that result from the modifications or other work.

\(9\) If the Government returns supplies to the Contractor for

correction or replacement under this clause, the Contractor shall be
liable for transportation charges up to an amount equal to the cost of
transportation by the usual commercial method of shipment from the place
of delivery specified in this contract (irrespective of the F.O.B. point
or the point of acceptance) to the Contractor\'s plant and return to the
place of delivery specified in this contract. The Contractor shall also
bear the responsibility for the supplies while in transit. Furthermore,
the Contractor shall be responsible for the cost of replacement of any
missing or damaged parts of radiosondes returned under warranty.

\(10\) All implied warranties of merchantability and \"fitness for a
particular purpose\" are excluded from any obligation under this
contract.

\(c\) Remedies available to the Government.

\(1\) The rights and remedies of the Government provided in this
clause\--

\(i\) Shall not be affected in any way by any terms or conditions of
this contract concerning the conclusiveness of inspection and
acceptance; and

\(ii\) Are in addition to, and do not limit, any rights afforded to the
Government by any other clause of this contract.

\(2\) Within 30 days after receipt of the Contractor\'s recommendations
for corrective action and adequate supporting information, the
Contracting Officer, using sole discretion, shall give the Contractor
written notice not to correct any defect, or to correct or partially
correct any defect within a reasonable time at the Contractor\'s plant.

\(3\) In no event shall the Government be responsible for any

extension or delays in the scheduled deliveries or periods of

performance under this contract as a result of the Contractor\'s

obligations to correct defects, nor shall there be any adjustment of the
delivery schedule or period of performance as a result of the correction
of defects unless provided by a supplemental agreement with adequate
consideration.

\(4\) This clause shall not be construed as obligating the

Government to increase the contract price.

(5)(i) The Contracting Officer shall give the Contractor a

written notice specifying any failure or refusal of the Contractor to\--

\(A\) Present a detailed recommendation for corrective action as
required by paragraph (b)(3) of this clause;

\(B\) Correct defects as directed under paragraph (b)(4) of this clause;
or

\(C\) Prepare and furnish data and reports as required by paragraph
(b)(5) of this clause.

\(ii\) The notice shall specify a period of time following receipt of
the notice by the Contractor in which the Contractor must remedy the
failure or refusal specified in the notice.

\(6\) If the Contractor does not comply with the Contracting

Officer\'s written notice in paragraph (c)(5)(i) of this clause, the
Contracting Officer may by contract or otherwise\--

\(i\) Obtain detailed recommendations for corrective action and
either\--

\(A\) Correct the supplies or services; or

\(B\) Replace the supplies or services, and if the Contractor fails to
furnish timely disposition instructions, the Contracting Officer may
dispose of the nonconforming supplies for the Contractor\'s account in a
reasonable manner, in which case the Government is entitled to
reimbursement from the Contractor, or from the proceeds, for the
reasonable expenses of care and disposition, as well as for excess costs
incurred or to be incurred;

\(ii\) Obtain applicable data and reports; and

\(iii\) Charge the Contractor for the costs incurred by the

Government.

**I.4 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (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 full text available. Also, the
full text of a clause may be accessed electronically at this/these
address(es):

www.acquisition.gov/far/index.html

**I.5 DELIVERY-ORDER LIMITATIONS**

Note: This clause satisfies the Federal Acquisition Regulation (FAR)
requirement for a clause substantially the same as FAR Clause 52.216-19.

The Government may not unilaterally issue a delivery order under this
contract which requires delivery of a smaller monthly quantity of
radiosondes than as specified in the Section \"F\" clause of this
contract entitled \"Delivery of New and Reconditioned Radiosondes\";
provided, however, that the Government may require delivery of no
reconditioned radiosondes in one or more particular months.

The Government may not unilaterally issue a delivery order under this
contract which by itself or in conjunction with other delivery orders
issued under this contract requires delivery of a larger monthly
quantity of radiosondes than as specified in the Section \"F\" clause of
this contract entitled \"Delivery of New and Reconditioned Radiosondes\"
or a larger monthly quantity of reconditioned SPU-11 radiosonde
interface units than as specified in the Section "F" clause of this
contract entitled \"Delivery of Reconditioned Interface Units.\"

**PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS**

**SECTION J - LIST OF ATTACHMENTS**

[EXHIBIT]{.underline} [TITLE/DESCRIPTION]{.underline}

A NOAA/National Weather Service Radiosonde Technical Specification No.
J060-SP003 Rev. D, Amendment 1, dated May 2, 2003 (73 pages, including
cover page and Table of Contents)

B Subcontracting Plan\*

> \* The awarded contract will include a Subcontracting Plan, if
> applicable (reference Section \"H\" clause entitled \"Subcontracting
> Plan\").

**PART IV - REPRESENTATIONS AND INSTRUCTIONS**

**SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER**

**STATEMENTS OF OFFERORS**

**K.1 Annual Representations and Certifications (FAR
52.204-8)(Jan 2006)**

\(a\) (1) The North American Industry Classification System (NAICS) code
for this acquisition is 334519.

\(2\) The small business size standard is 500 employees.

\(3\) The small business size standard for a concern which submits an
offer in its own name, other than on a construction or service contract,
but which proposes to furnish a product which it did not itself
manufacture, is 500 employees.

\(b\) (1) If the clause at 52.204-7, Central Contractor Registration, is
included in this solicitation, paragraph (c) of this provision applies.

> \(2\) If the clause at 52.204-7 is not included in this solicitation,
> and the offeror is currently registered in CCR, and has completed the
> ORCA electronically, the offeror may choose to use paragraph (c)
> instead of completing the corresponding individual representations and
> certifications in the solicitation. The offeror shall indicate which
> option applies by checking one of the following boxes:
>
> \[  \] (i) Paragraph (c) applies.
>
> \[  \] (ii) Paragraph (c) does not apply and the offeror has completed
> the individual representations and certifications in the solicitation.

\(c\) The offeror has completed the annual representations and
certifications electronically via the Online Representations and
Certifications Application (ORCA) website at
[[http://orca.bpn.gov]{.underline}](http://orca.bpn.gov/). After
reviewing the ORCA database information, the offeror verifies by
submission of the offer that the representations and certifications
currently posted electronically have been entered or updated within the
last 12 months, are current, accurate, complete, and applicable to this
solicitation (including the business size standard applicable to the
NAICS code referenced for this solicitation), as of the date of this
offer and are incorporated in this offer by reference (see FAR 4.1201);
except for the changes identified below \[*offeror to insert changes,
identifying change by clause number, title, date*\]. These amended
representation(s) and/or certification(s) are also incorporated in this
offer and are current, accurate, and complete as of the date of this
offer.

  -----------------------------------------------------------------------------------------------
  FAR Clause #            Title            Date      Change

        \_\_\_\_\_\_\_\_\_\_\_\_        \_\_\_\_\_\_\_\_\_       \_\_\_\_\_      \_\_\_\_\_\_\_
  -----------------------------------------------------------------------------------------------

Any changes provided by the offeror are applicable to this solicitation
only, and do not result in an update to the representations and
certifications posted on ORCA.

**SECTION L - INSTRUCTIONS, CONDITIONS, AND**

**NOTICES TO OFFERORS**

**L.1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE**

**(FAR 52.252-1) (FEB 1998)**

This solicitation incorporates one or more solicitation provisions by
reference, with the same force and effect as if they were given in full
text. Upon request, the Contracting Officer will make their full text
available. The offeror is cautioned that the listed provisions may
include blocks that must be competed by the offeror and submitted with
its quotation or offer. In lieu of submitting the full text of those
provisions, the offeror may identify the provision by paragraph
identifier and provide the appropriate information with its quotation or
offer. Also, the full text of a solicitation provision may be accessed
electronically at this/these address(es):

www.acquisition.gov/far/index.html

**L.2 INCORPORATION OF SOLICITATION PROVISIONS BY REFERENCE**

The following solicitation provisions pertinent to this section are
hereby incorporated by reference:

> FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) PROVISIONS

FAR CITATION TITLE DATE

52.204-06 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) OCT 2003

NUMBER

52.211-01 AVAILABILITY OF SPECIFICATIONS LISTED AUG 1998

> IN THE GSA INDEX OF FEDERAL
>
> SPECIFICATIONS, STANDARDS AND COMMERCIAL

ITEM DESCRIPTIONS, FPMR PART 101-29

52.211-02 AVAILABILITY OF SPECIFICATIONS, JAN 2006

> STANDARDS, AND DATA ITEM LISTED IN THE ACQUISITION STREAMLINING AND

STANDARDIZATION INFORMATION SYSTEM

(ASSIST)

52.215-1 INSTRUCTIONS TO OFFERORS - COMPETITIVE JAN 2004

ACQUISITIONS

52.216-27 SINGLE OR MULTIPLE AWARDS OCT 1995

**L.3 AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF
FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS**
(Similar to FAR 52.211-3)

Applicable documents cited in Specification No. J060-SP003 Rev. D, dated
March 31, 2003, contained as Exhibit A to the solicitation, may be
obtained as set forth in Section 2.3 of said specification.

**L.4 SERVICE OF PROTESTS (FAR 52.233-2) (AUG 1996)**

\(a\) Protests, as defined in 33.101 of the Federal Acquisition
Regulation, that are filed directly with an agency, and copies of any
protests that are filed with the General Accounting Office (GAO) shall
be served on the Contracting Officer by obtaining written and dated
acknowledgment of receipt from the Contracting Officer located at:

U.S. Department of Commerce, NOAA

NWS Acquisition Division (OFA63)

1305 East-West Highway, Station #7128

Silver Spring, MD 20910-3281

Attn: Edward F. Tennant, Jr.

\(b\) The copy of any protest shall be received in the office designated
above within one day of filing a protest with the GAO.

**L.5 SERVICE OF PROTESTS** **(CAR 1352.233-71) (MARCH 2000)**

An agency protest may be filed with either (1) the Contracting Officer,
or (2) at a level above the Contracting Officer, with the agency Protest
Decision Authority. See 64 Fed. Reg. 16,651 (April 6, 1999) (Internet
site:
[[http://www.rdc.noaa.gov/\~amd/index.html]{.underline}](http://oamweb.osec.doc.gov/conops/reflib/alp1296.htm)
) for the procedures for filing agency protests at the level above the
Contracting Officer (with the Protest Decision Authority).

Agency protests filed with the Contracting Officer shall be sent to the
following address:

U.S. Department of Commerce, NOAA

NWS Acquisition Division (OFA63)

1305 East-West Highway, Station #7128

Silver Spring, MD 20910-3281

Attn: Edward F. Tennant, Jr.

If a protest is filed with either the Protest Decision Authority, or
with the General Accounting Office (GAO), a complete copy of the protest
(including all attachments) shall be served upon both the Contracting
Officer and Contract Law Division of the Office of the General Counsel
within one day of filing with the Protest Decision Authority or with
GAO. Service upon the Contract Law Division shall be made, as follows:

U.S. Department of Commerce

Office of the General Counsel

Contract Law Division\--Room 5893

Herbert C. Hoover Building

14th Street and Constitution Avenue, N.W.

Washington, D.C. 20230.

Attn: Mark Langstein, Esquire

FAX: (202) 482-5858

**L.6 DEPARTMENT OF COMMERCE AGENCY-LEVEL PROTEST PROCEDURES - LEVEL
ABOVE THE CONTRACTING OFFICER**

> On October 25, 1995, President Clinton signed Executive Order No.
> 12979 which directs heads of executive agencies to develop
> administrative procedures for resolving protests to awards of
> procurement contracts within their agencies at a level above the
> contracting officer. The
>
> Department\'s goal is to encourage protesters to resolve their
> protests at the agency level, help build confidence in the
> Government\'s acquisition system, and reduce the number of protests
> filed with the General Accounting Office and other external fora.
> Prior to submission of an agency protest, all parties shall use their
> best efforts to resolve concerns raised by an interested party at the
> contracting officer level through open and frank discussions. If
> concerns cannot be resolved, protesters may use these procedures when
> a resolution is requested from the agency at a level above the
> contracting officer. Vendors may obtain a copy of these procedures
> through the Internet by accessing:
>
> http://www.rdc.noaa.gov/\~amd/index.html
>
> In the event, a vendor does not have access to the Internet, please
> contact the applicable procurement office for a hard copy of the
> agency level protest procedures.
>
> Protests must be marked \"Agency Level Protest\" and addressed to the
> \"Protest Decision Authority\" indicated below:
>
> Name, title of the person, address and fax number of the operating
> unit\'s Protest Decision Authority.
>
> Ms. Helen Hurcombe
>
> U.S. Department of Commerce, NOAA
>
> Director, Acquisition and Grants Office
>
> 1335 East-West Highway, Station #6314
>
> Silver Spring, MD 20910-3281
>
> FAX Number (301) 713-1974
>
> The protester shall also provide a copy of the protest within 1 day to
> the responsible contracting officer and a copy to the addressee
> indicated below:
>
> U.S. Department of Commerce
>
> Office of the General Counsel
>
> Contract Law Division\--Room 5893
>
> Herbert C. Hoover Building
>
> 14th Street and Constitution Avenue, N.W.
>
> Washington, D.C. 20230
>
> Attn: Mark Langstein, Esquire
>
> FAX: (202) 482-5858
>
> **L.7 REGULATORY NOTICE (CAR 1352.252-71) (MARCH 2000)**
>
> Offerors are advised that certain provisions and clauses identified
> with a Commerce Acquisition Regulation (CAR) notation for
> identification purposes, have not yet been incorporated into the CAR.
> However, all of these items are binding for this acquisition and will
> eventually be contained in the CAR at Part 13 of Title 48 of the Code
> of Federal Regulations.
>
> **L.8 INQUIRIES (CAR 1352.215-73) (MARCH 2000)**
>
> Offerors must submit all questions concerning this solicitation in
> writing to the Contracting Officer. They must be received no later
> than fifteen calendar days after the date of this solicitation. All
> responses to the questions will be made in writing and included in an
> amendment to the solicitation.
>
> **L.9 TYPE OF CONTRACT (FAR 52.216-1) (APR 1984)**
>
> The Government contemplates award of two indefinite quantity contracts
> resulting from this solicitation.

Note: However, the Government reserves the right to make a single award
(or no award at all) from this solicitation.

**L.10 INSTRUCTIONS TO OFFERORS (CAR 1352.215-71) (March 2000)**

Offers shall be submitted in two sections, as follows:

Section I - Technical Proposal (Original and 5 copies)

This section of the offer shall contain:

1\. All Requests for Deviation (RFD) and all Requests for Waiver (RFW)
that it is proposing to bring its radiosonde into compliance with
Specification No. J060-SP003 Rev D, Amendment 1, dated May 2, 2003
(reference Exhibit A to this solicitation). All RFDs and RFWs shall be
prepared on a DD Form 1694. Lengthy supporting information may be
submitted as attachments to the RFDs and RFWs.

2\. The offeror's Quality Plan for quality control and quality assurance
of its manufacturing, test, production line final test, and delivery
operation. Included in its Quality Plan, the offeror shall detail (a)
its plan for quality assurance of subcontractors and associates for the
purchase or manufacture of sensor or sensor compensation components and
(b) its planned quality control effort relating to the integration of
those components into the production radiosonde.

3\. Production Planning

The offeror shall provide a Production Plan describing the facilities,
the equipment, the personnel, the management, and the production
processes that will be used to manufacture the radiosondes called for by
this solicitation.

4\. Past Performance information relative to the offeror

This shall include the names and phone numbers of customer
points-of-contact for at least three different contracts (of which at
least one is a non-NOAA contract) it has performed for similar supplies.
In the event that the offeror does not have three such references, the
offeror shall supply the names and phone numbers of as many pertinent
references as it does have. For each reference, the offeror shall
include a description of the supplies it provided under the contract,
the quantity of supplies, and any problems encountered on the contract
together with the offeror's corrective actions.

Section II - Price Proposal (Original and 1 copy)

This section of the offer shall contain:

1\. The \"Offer\" portion of the Standard Form 33 (the front page of the
solicitation) must be completed and signed with an original signature.

2\. In Section B.1 of the solicitation, the offeror may propose on Item
0001 and/or Item 0002. For each of Item on which the offeror is
proposing, the offeror shall enter the \"Offeror\'s Radiosonde Model\"
in the space provided. Offerors are advised that the radiosonde models
which are on the Qualified Products List as of the date of issuance of
this solicitation are identified in Section B.2 of the solicitation.

> In proposing on Item 0001, the offeror shall insert its proposed Unit
> Price for each of Items 0001A, 0001B, 0001CA (if the offeror has
> previously delivered SPU-11 Radiosonde Interface Units to the
> Government), and 0001D. Offers may not be submitted for quantities
> less than those specified in the solicitation.
>
> In proposing on Item 0002, the offeror shall insert its proposed Unit
> Price for each of Items 0002A, 0002B, 0002C (if the offeror has
> previously delivered SPU-11 Radiosonde Interface Units to the
> Government), and 0002D. Offers may not be submitted for quantities
> less than those specified in the solicitation.

3\. The offeror shall complete Section F.5 of the solicitation as
follows:

a\. The offeror shall insert the street address, city, county, State,
zip code, and country in which its receiving plant is located in the
applicable blanks contained in Paragraph (b).

b\. If the offeror\'s receiving plant is located in other than the
contiguous United States or Canada and the offeror wishes to designate
an F.O.B. point in the contiguous United States for delivery of
Government-furnished property, the offeror shall insert such F.O.B.
point in the blanks contained in Paragraph (c). If the offeror\'s
receiving plant is located in other than the contiguous United States or
Canada and the offeror does not wish to designate an F.O.B. point in the
contiguous United States for delivery of Government-furnished property,
the F.O.B. point shall be as set forth in FAR Clause 52.247-55.

4\. The offeror shall complete Section G.5 of the solicitation if the
bidder\'s remittance address is different from that set forth in Item
15A of the Standard Form 33.

5\. If the offeror is a HUBZone small business concern and the offeror
elects to waive the evaluation preference associated therewith, the
offeror shall so designate in the block provided for said purpose under
FAR Clause 52.219-04 in the listing of FAR clauses incorporated by
reference in Section I.1 of the solicitation.

6\. The offeror shall complete Paragraph (b) of FAR Clause 52.223-03,
Alternate I, in the space provided under said FAR clause in the listing
of FAR clauses incorporated by reference in Section I.1 of the
solicitation. The offeror is advised that the Government thinks that the
radiosonde battery is "hazardous material" within the context of FAR
Clause 52.223-03, Alternate I.

7\. In Paragraph (c) of Section I.2 of the solicitation, the offeror
shall insert the Offeror\'s Name and the Item Name in the appropriate
blanks if the offeror is proposing qualified radiosondes. The other
blanks do not need to be filled in. Under \"Item Name,\" the offeror
shall insert the Type IIA radiosonde model it is proposing. Offerors are
advised that the radiosonde models which are on the Qualified Products
List as of the date of issuance of this solicitation are identified in
Section B.2 of the solicitation.

8\. The offeror shall complete Section \"K\" of the solicitation.

9\. If the offeror is other than a small business concern, it shall
submit its Small Business Subcontracting Plan in accordance with FAR
Clause 52.219-9, Alternate II, incorporated by reference in Section "I"
of this solicitation.

10\. If the offeror is proposing on both Item 0001 and Item 0002 and the
offeror's proposed unit price for Item 0002A is more than 10% greater
than its proposed unit price for Item 0001A, the offeror shall provide
costing data supporting its proposed unit price for Item 0002A. Such
costing data shall include a cost breakdown showing all elements of cost
and the proposed profit. Rationale as to why the offeror considers each
proposed element of cost to be reasonable shall be provided. To the
extent than any indirect expense rates have been agreed to by the
Defense Contract Audit Agency or any other component of the Federal
Government, a copy of the document evidencing such agreement shall be
provided.

Similarly, if the offeror's proposed unit price for Item 0002B is more
than 10% greater than its proposed unit price for Item 0001B, the
offeror shall provide costing data supporting its proposed unit price
for Item 0002B.

Additionally, if the offeror's proposed unit price for Item 0002C is
more than 10% greater than its proposed unit price for Item 0001C, the
offeror shall provide costing data supporting its proposed unit price
for Item 0002C.

Lastly, if the offeror's proposed unit price for Item 0002D is more than
10% greater than its proposed unit price for Item 0001D, the offeror
shall provide costing data supporting its proposed unit price for Item
0002D.

**SECTION M - EVALUATION FACTORS FOR AWARD**

**M.1 EVALUATION CRITERIA**

Proposals will be evaluated by the Government to determine if they are
technically acceptable. In order for the Government to determine that a
proposal is technically acceptable, the Government must determine that:

a\. The proposal is for a Qualified Product.

Note: In this regard, prospective offerors should reference Section B.2
of this solicitation.

b\. The proposal contains a Quality Plan that is acceptable to the
Government.

Note: Prospective offerors should reference Paragraph 2 of Section I of
Provision L.10 for information as to what material must be included in
the Quality Plan submitted as part of the Technical Proposal.

c\. The proposal does not contain any Requests for Deviation or Requests
for Waiver that the Government considers to be unacceptable.

Note: Prospective offerors should reference Paragraph 1 of Section I of
Provision L.10 for information as to the manner in which any Requests
for Deviation and any Requests for Waiver should be prepared and
submitted as part of the Technical Proposal.

d\. The proposal contains a Production Plan that is acceptable to the
Government.

Note: Prospective offerors should reference Paragraph 3 of Section I of
Provision L.10 for information as to what material must be included in
the Production Plan submitted as part of the Technical Proposal.

e\. The offeror's past performance is acceptable. In evaluating past
performance, the Government may contact one or more of the references
provided by the offeror in its proposal or the Government may obtain
past performance information from one or more other sources. In
ascertaining whether an offeror's past performance is acceptable, the
Government will follow the guidelines set forth in Federal Acquisition
Regulation (FAR) 15.305(2)(i), FAR 15.305(2)(ii), FAR 15.305(2)(iii),
and FAR 15.305(2)(iv).

Price Proposals will be evaluated to determine the "Price for Item
0001." The "Price for Item 0001" shall be as follows:

> (Proposed unit price for Item 0001A x Maximum Quantity for Item
> 0001A) + (Proposed unit price for Item 0001B x Maximum Quantity for
> Item 0001B) + (Proposed unit price for Item 0001C, if applicable, x
> Maximum Quantity for Item 0001C) +
>
> (Proposed unit price for Item 0001D x Maximum Quantity for Item 0001D)
> = Price for Item 0001

Similarly, Price Proposals will be evaluated to determine the "Price for
Item 0002." The "Price for Item 0002" shall be as follows:

> (Proposed unit price for Item 0002A x Maximum Quantity for Item
> 0002A) + (Proposed unit price for Item 0002B x Maximum Quantity for
> Item 0002B) + (Proposed unit price for Item 0002C, if applicable, x
> Maximum Quantity for Item 0002C) +
>
> (Proposed unit price for Item 0002D x Maximum Quantity for Item 0002D)
> = Price for Item 0002

Additionally, Price Proposals will be evaluated by the Government to
determine if the proposed prices are reasonable. The Government may use
price analysis and/or cost analysis techniques in making this
determination.

**M.2 AWARD CRITERIA**

The Government first will determine the awardee for Item 0001
(consisting of Items 0001A, 0001B, 0001C (if applicable), and 0001D).
From among those offers for Item 0001 that are determined by the
Government to be technically acceptable and are from an offeror which
the Government determines to be responsible within the meaning of
Federal Acquisition Regulation (FAR) Subpart 9.104, the awardee selected
for Item 0001 will be that offeror whose proposal offers the lowest
"Price for Item 0001" (calculated in accordance with Section M.1 above);
provided, however, that the Government determines such pricing to be
reasonable.

The awardee selected for Item 0001 will not be eligible for award of
Item 0002. From the remaining offers for Item 0002 that are determined
by the Government to be technically acceptable and are from an offeror
which the Government determines to be responsible within the meaning of
FAR 9.104, award will be made to that proposal which offers the lowest
"Price for Item 0002" (calculated in accordance with Section M.1 above);
provided, however, that the Government determines such pricing to be
reasonable.

If, for whatever reason, the Government determines that it will not
award Item 0002, the Government reserves the right to (a) increase the
quantity of Item 0001 to include the present quantity for Item 0001 plus
the present quantity for Item 0002, (b) make a competitive range
determination, and (c) conduct discussions for the new Item 0001
quantity.

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