1333ND19QNB640202.pdf

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDE

15. DATE OF QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

b. TELEPHONE

AREA CODE

NUMBER

STANDARD FORM 18 (REV. 6-95) Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

8. TO:

b. COMPANYa. NAME

c. STREET ADDRESS

d. CITY e. STATE f. ZIP CODE

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

c. CITY

d. STATE e. ZIP CODE

7. DELIVERY

FOB DESTINATION

OTHER

(See Schedule)

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)

IMPORTANT: This is a request for information and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NUMBER

(a)

SUPPLIES/ SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER

a. NAME OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

PAGE OF PAGES

1. REQUEST NUMBER 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NUMBER 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG. 1

RATING

5a. ISSUED BY 6. DELIVER BY (Date)

5b. FOR INFORMATION CALL (NO COLLECT CALLS)

NAME TELEPHONE NUMBER

AREA CODE NUMBER

Attachment Page

PAGE 2 OF 32 1333ND19QNB640202

1. Type of Order:

The Government contemplates the award of a firm fixed price purchase order as a result of this solicitation.

2. Contractor’s Point of Contact:

Name: (TO BE IDENTIFIED AT THE TIME OF AWARD) Phone Number:

Email:

3. NIST Technical Point of Contact Name: (TO BE IDENTIFIED AT THE TIME OF AWARD) Phone Number:

Email:

4. NIST Contracting Officer’s Representative (COR) if Applicable:

Name: (TO BE IDENTIFIED AT THE TIME OF AWARD) Phone Number:

Email:

5. NIST Contracting Officer Name: Carol Wood Phone Number: 301-975-8172 Email: carol.wood@nist.gov

5. Designated Government Official (Reference NIST SOP 01-14):

a. __XX____ Technical Point of Contact /Administrative Officer

b. ____ COR/ACOR

c. _____ Contracting Officer

6. Extended Test/Acceptance Period: N/A

7. Additional Information:

PAYMENT SCHEDULE

See Statement of Work.

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 The Contractor shall provide Standard Reference

Material (SRM) 1849b Infant/Adult Nutritional Formula

All work shall be completed in accordance with the statement of work.

1.00 EA

PAGE 3 OF 32 1333ND19QNB640202

Table of Contents

Statement of Work

Evaluation Criteria

Required Submissions

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MANAGEMENT (JUL 2016)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

52.204-20 PREDECESSOR OF OFFEROR (JUL 2016)

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-REPRESENTATION (NOV 2015)... 18

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015)

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER

ANY FEDERAL LAW (FEB 2016)

52.211-5 MATERIAL REQUIREMENTS (AUG 2000)

52.213-4 TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL ITEMS) (JAN 2019)

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014)

52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (OCT 2014)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION (OCT 2014)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011)

52.225-3 BUY AMERICAN--FREE TRADE AGREEMENTS--ISRAELI TRADE ACT (MAY 2014)

52.225-4 BUY AMERICAN--FREE TRADE AGREEMENTS--ISRAELI TRADE ACT CERTIFICATE (MAY 2014)

52.225-20 PROHIBITION ON CONDUCTING RESTRICTED BUSINESS OPERATIONS IN SUDAN--CERTIFICATION (AUG 2009).28

52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING

TO IRAN--REPRESENTATION AND CERTIFICATIONS (AUG 2018)

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

52.243-1 II CHANGES--FIXED-PRICE (AUG 1987)--ALTERNATE II (APR 1984)

1352.201-70 CONTRACTING OFFICER?s AUTHORITY (APR 2010)

1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

1352.233-70 AGENCY PROTESTS (APR 2010)

1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

NIST LOCAL-04BILLING INSTRUCTIONS

NIST LOCAL-53CONTRACT PERFORMANCE DURING CHANGES IN NIST OPERATING STATUS

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CLAUSES

Statement of Work

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STATEMENT OF WORK

TITLE: Standard Reference Material (SRM) 1849b Infant/Adult Nutritional Formula

I. BACKGROUND INFORMATION

The National Institute of Standards and Technology (NIST) Chemical Sciences Division is responsible for chemical measurements in a broad range of areas, including the development of reference materials for the determination of the nutritional content of foods. Of all food products, infant formula is the most regulated in the U.S. and worldwide. The Infant Formula Act of 1980 requires that various nutrient levels fall within a specified range or above a specified minimum.

Consequently, an SRM with values assigned for these nutrients is important so that manufacturers can monitor their products and ensure that their analytical methods are accurate.

SRM 1849 Infant/Adult Nutritional Formula was released in 2009 and sold 500 units per year; this material sold out and was replaced in 2011 by SRM 1849a Infant/Adult Nutritional Formula, which currently sells over 700 units per year. AOAC INTERNATIONAL and the Infant Nutrition Council of America (INCA) have an ongoing contract (named Stakeholder Panel on Infant Formula and Adult Nutritionals, or SPIFAN) to develop official international dispute resolution methods for nutrients in infant formula products, and since inception in 2010 has generated methods for over 30 nutrients.

Throughout this process, SRM 1849a has underpinned the evaluation of candidate methods and been used to distinguish well-performing methods from those with obvious biases. SRM 1849a currently has 11 months until the existing stock is depleted. Given the high sales and importance of this material, a replacement is being sought.

SRM 1849b is being proposed as a replacement to SRM 1849a, and must contain the same nutrients as SRM 1849a, as well as several new nutrients (e.g., beta-carotene, vitamin D2, galacto-oligosaccharides (GOS)).

II. SCOPE OF WORK

The material shall be characterized and distributed by NIST as a reference material, and not used for any other purpose. The material, as packaged, must be stable for 10 to 15 years when stored at –40 °C.

Due to the proprietary processes employed by each company, certain components of these formulas have shown the potential to be unstable over this 10 to 15-year timespan. To avoid known instability in the new SRM, the requested product must be prepared using a liquid or wet blending process, in which all ingredients are combined prior to spray drying. In addition, fat-soluble vitamins must not be encapsulated in the final product.

The final product shall be packaged in 10 g pouches that will withstand storage at –40 °C to maximize long-term stability.

III. SPECIFICATIONS

The Contractor shall provide two thousand (2,000) kilograms, within a ±10 % tolerance, of powdered hybrid infant/adult nutritional formula that meets all of the following material composition requirements.

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Material Composition:

The final product must contain the following ingredients, within a ±10 % tolerance.

SRM 1849b (Proposed) INGREDIENTS Approx. amt per 1000 kg Adenosine monophosphate 110 g Arachidonic acid 4.49 kg Ascorbic acid 1000 g Ascorbyl palmitate 400 g beta-Carotene 610 mg Biotin 1.9 g Choline bitartrate 490 g Choline chloride 0.646 kg Chromium chloride 4.7 g Coconut oil 83.6 kg Cupric sulfate 75.9 g Cyanocobalamin 43.6 mg Cytidine monophosphate 289 g d-alpha Tocopheryl acetate 174 g d-Calcium pantothenate 58.8 g Docosahexaenoic acid 2.25 kg Ferrous sulfate 497 g Folic acid 2.2 g Galactooligosaccharide (GOS) powder 55.6 kg Guanosine monophosphate 148 g High oleic sunflower oil 120 kg Inosine monophosphate 148 g Lactose 368 kg L-Carnitine 100 g L-Methionine 1.5 kg Lutein 2.81 g Lycopene 2.81 g Magnesium phosphate dibasic 1 kg Magnesium sulfate 11.1 kg Manganese sulfate 158 g

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SRM 1849b (Proposed) INGREDIENTS Approx. amt per 1000 kg myo-inositol 350 g Mixed tocopherols 127 g Niacinamide 98.9 g Nonfat dry milk 206 kg Phylloquinone 1 g Potassium citrate 8.8 kg Potassium hydroxide 380 g Potassium iodide 1.57 g Pyridoxine hydrochloride 15.8 g Riboflavin 12.8 g Sodium caseinate 27.5 kg Sodium chloride 6.9 kg Sodium fluoride 2.4 g Sodium molybdate 3.7 g Sodium selenate 1.6 g Soybean oil 84.6 kg Taurine 364 g Thiamine hydrochloride 16.3 g Tricalcium phosphate 5.9 kg Uridine monophosphate 123 g Vitamin A acetate 11.3 g Vitamin A palmitate 18 g Vitamin D2 (ergocalciferol) 126 mg Vitamin D3 (cholecalciferol) 126 mg Whey protein concentrate 33.3 kg Zinc sulfate 379 g

• All ingredients must be combined using a liquid or wet blending procedure prior to spray drying.

• No ingredients shall be encapsulated in the final product.

• The material must be formulated and manufactured in the United States to facilitate certification of the final product for shipment worldwide as a reference material.

• Ingredients originating from milk must come from cows that are free from Bovine Spongiform

Encephalopathy (BSE).

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• Ingredients originating from milk must be pasteurized.

Material Packaging:

• The bulk material must be packaged in nitrogen-flushed foil pouches of approximate dimensions 15 cm x 3.5 cm (6 in x 1.3 in), 10 g ± 0.1 g of material per pouch, for a total of approximately 200,000 pouches.

• Pouches must be stamped with a code to identify the production date and lot. The code must be obscured such that the production date and lot are known only by the Contractor and NIST.

• The boxes into which the pouches are packed must be numbered sequentially to correspond to the order in which the pouches are produced.

• The Contractor must provide packaging specifications via paper or electronic document to NIST prior to delivery of the material.

• The material must be packaged in the United States to facilitate certification of the final product for shipment worldwide as a reference material.

Material Qualification:

• The Contractor shall provide a report of analytical test results via paper or electronic document for concentration of each nutrient in the table below, as measured from 10 pouches of the final product provided to NIST. Of the 10 pouches, two pouches must be tested in duplicate for a total of 12 data sets.

Proximates Fat

Protein Total Solids

Ash Cholesterol Vitamins

Vitamin A (total, acetate, palmitate) Vitamin E (total alpha, alpha acetate)

Tocopherols (beta, gamma, delta, total) Vitamin D (D2 and D3)

Vitamin K Vitamin C

Thiamin (B1) Riboflavin (B2) Pyridoxine (B6)

Niacinamide (B3) Folic Acid

Pantothenic Acid (B5) Biotin

Vitamin B12 Choline Inositol Lutein

Beta Carotene

Lycopene Minerals

Nutrient Element Profile (Ca, Na, K, Mg, P, Fe, Zn, Cu, Mn)

Chromium Molybdenum

Selenium Chloride Iodine

Fluoride Fatty Acids

Fatty Acid Profile (including trans and saturated fats)

Linoleic Acid Arachidonic Acid

Docosahexaenoic acid (DHA) Amino Acids

Amino Acid Profile Tryptophan

Taurine Carnitine

Nucleotides Free Methionine Carbohydrates

Galactooligosaccharides (GOS)

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Lactose Total Dietary Fiber

Sugar Profile

• The Contractor shall provide documentation stating that the cows producing the milk used to make the product provided to NIST are/were free from Bovine Spongiform Encephalopathy (BSE) (e.g., a signed letter on company letterhead).

• The Contractor shall provide documentation specifying the pasteurization process, including temperatures, used for the milk used to make the product provided to NIST (e.g., a signed letter on company letterhead).

Material Storage and Shipping:

• The Contractor shall handle the product in accordance with established manufacturing and packaging practices shown to preserve the integrity of the product during manufacture and qualification.

• The Contractor shall deliver the finished product to Building 203 at NIST in Gaithersburg, MD. The product shall be shipped in such a way that the temperature of the product does not exceed 4 °C at any time during packaging, shipment and delivery.

• Delivery must take place during normal business hours, between 8:30 am and 3:30 pm Eastern Time, Monday through Friday except Federal Holidays, and must be coordinated with the NIST Technical Point of Contact (TPOC). The TPOC will be identified at the time of award.

• Production must be completed not later than 90 days from the date of award. Contractor shall provide estimate of production timing to the NIST TPOC to include qualification testing based on estimated Award Date to ensure timely delivery of product to NIST. Delivery must occur within 90 days of production of material.

IV. PERIOD OF PERFORMANCE

The period of performance shall be 180 days from award of this requirement.

V. PLACE OF PERFORMANCE

All work (production and packaging of the material, as well as performance of analytical testing) shall be completed at the Contractor’s facility.

VI. DELIVERABLES

Description Quantity Due Date Production of pouches of hybrid infant/adult nutritional formula

2,000 kilograms

90 days after award

Delivery of pouches of hybrid infant/adult nutritional formula

200,000 pouches

180 days after award

Analytical testing data for specified nutrients in 10 pouches (with 2 duplicates) of hybrid infant/adult nutritional formula

One (1) report

Upon delivery

Documentation of cattle screening and source milk pasteurization

One (1) report

Upon delivery

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VII. ACCEPTANCE CRITERIA AND PAYMENT SCHEDULE

Final acceptance by the Government shall be granted after confirmation that the Infant/Adult Nutritional Formula meets all required specifications and successful delivery. Should any deficiencies be noted prior to final acceptance, the Contractor will be notified and provided the opportunity to correct all deficiencies at their expense, in accordance with the commercial terms and conditions of the contract.

The contractor shall be paid in one lump sum payment upon submission of a proper invoice, and upon submission by the Contractor and acceptance by the Government, of the required formula.

Partial payments shall not be authorized.

VIII. CONTRACTOR MINIMUM QUALIFICATIONS

To enhance material stability, the manufacturer shall demonstrate relevant experience in the production of commercial infant formula and/or adult nutritional products, in combination with additional requirements listed above.

Evaluation Criteria

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EVALUATION CRITERIA AND BASIS FOR AWARD

The Government will award a single purchase order, resulting from this solicitation, to the responsible quoter whose quotation, conforming to the solicitation, results in the best value to the Government, price and other factors considered.

The following will be used to evaluate quotations:

Capability Facilities Experience Price

Capability, Facilities, and Experience, when combined, shall be approximately equal in importance to price.

In determining best value, stronger consideration shall be given to the Experience evaluation factor. Stronger consideration shall be to quoters with a greater amount of experience producing, packaging, and testing nutritional formulations, including the experience of the quoter utilizing the quoted site(s).

CAPABILITY

The quotation will be evaluated to determine whether or not the quoted production and testing processes are feasible and likely to succeed.

Quoted packaging materials and processes will be evaluated to determine that the required material will be packaged without the introduction of impurities and to provide maximum long-term stability.

FACILITIES

Quotations shall be evaluated to determine the degree to which the quoters facilities are set-up to produce nutritional formulations. NIST prefers to work with a single site during production of the required material, however, if the Contractor proposes to utilize multiple sites, the Government will evaluate the means by which multiple sites will work together to ensure that all material will meet all required specifications and be 100% consistent.

EXPERIENCE

Experience shall be evaluated to determine the degree of and relevance of experience the Contractor possesses producing, packaging, and testing nutritional formulations, and that the Contractor has utilized the quoted site(s) when producing, packaging, and testing nutritional formulations.

PRICE

Price will be evaluated to determine that the total evaluated price is consistent with the technical portion of the quotation and is a fair and reasonable overall price to the Government.

Required Submissions

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REQUIRED SUBMISSIONS

Quoters shall submit all of the following within their quotation:

1. For the purpose of evaluation of Capability, the technical quotation must include:

-A discussion of the processes that will be utilized in the production of the required nutritional formulation (hereafter referred to as material), to successfully achieve the required specifications. At a minimum, the Contractor shall provide a list of ingredients and their relative proportions to be used in formulating the material, a description of the wet blending process, and a list of validated analytical tests that will be utilized for determination of the nutrient concentrations. The quotation must also clearly identify what tests will be utilized for each ingredient; and

-The supplier and composition of the packaging that the quoter will utilize.

As appropriate, quoters may submit ISO accreditations and/or certificates that the Contractor possesses relevant to the required work.

2. For the purpose of evaluation of Facilities, quoters shall provide all of the following:

-The physical address and Country for all manufacturing, formulating and packaging sites;

-A description of the site or sites that will be utilized to manufacture the required material;

-A description of the attributes of the site or sites that document that the site(s) are set up for the preparation of nutritional formulations;

-The location(s) of the site(s) with which NIST shall work in the production of the required material; and

-As appropriate, an explanation of how the Contractor will coordinate multiple sites to ensure all material will meet the required specifications.

As appropriate, quoters may submit ISO accreditations and/or certificates that the Contractor possesses relevant to the required work.

3. For the purpose evaluation of Experience, quoters shall provide all of the following:

Project descriptions, within the past five years, which clearly demonstrates that the Contractor has experience manufacturing similar nutritional formulations. Project descriptions must also clearly document that the proposed production sites have been utilized for the production of nutritional formulations.

4. For the purpose of evaluation of Price:

A firm-fixed price, F.O.B. Destination price quotation for the production of all required material.

The firm-fixed price quotation shall be broken down to include the following price elements:

-Labor Categories -Fully loaded labor rates -Levels of effort for each labor category -Material costs broken out by material -Any other direct costs listed by category.

The Government anticipates that award will be made based upon adequate price competition. However, in order to determine the prices are fair and reasonable, the Government reserves the right to request the quoter provide further cost breakdown to support proposed prices.

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5. Quoters shall include a completed copy of the “Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2015)” with their quotation.

6. In order to facilitate the award process, ALL quotations shall include a statement regarding the terms and conditions herein as follows:

a. The quoter shall state “The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition.”

OR

b. The quoter shall state “The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:…”

Quoter shall list exception(s) and rationale for the exception(s)

Please note that this procurement IS NOT being conducted under the GSA Federal Supply Schedule (FSS) program or another Government-Wide Area Contract (GWAC). If an offeror submits a quotation based upon an FSS or GWAC contract, the Government will accept the quoted price. However, the terms and conditions stated herein will be included in any resultant Purchase Order, not the terms and conditions of the offeror’s FSS or GWAC contract, and the statement required above shall be included in the quotation.

7. The DUNS # for the quoters active System for Award Management (SAM) registration. Quoters must have an active registration at www.SAM.Gov to receive an award.

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

(a) Definitions. As used in this provision-- Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that--

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into

SAM;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record "Active".

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)

(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.

(End of Clause)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

(a) Definitions. As used in this clause-- "Electronic Funds Transfer (EFT) indicator" means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

"Registered in the System for Award Management (SAM)" means that--

(1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into SAM;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required

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to provide consent for TIN validation to the Government as a part of the SAM registration process;

and

(4) The Government has marked the record "Active".

"System for Award Management (SAM)" means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes--

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

"Unique entity identifier" means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) If the solicitation for this contract contained the provision 52.204-7 with its Alternate I, and the Contractor was unable to register prior to award, the Contractor shall be registered in SAM within 30 days after award or before three days prior to submission of the first invoice, whichever occurs first.

(c) The Contractor shall maintain registration in SAM during contract performance and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement.

The Contractor is responsible for the currency, accuracy and completeness of the data within SAM, and for any liability resulting from the Government's reliance on inaccurate or incomplete data.

To remain registered in SAM 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 SAM to ensure it is current, accurate and complete. Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(d)(1)(i) If a Contractor has legally changed its business name or "doing business as" 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 minimum of one business day's written notification of its intention to--

(A) Change the name in the SAM;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (d)(1)(i) of this clause, or fails to perform the agreement at paragraph (d)(1)(i)(C) 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 considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name 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 SAM. Information 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 of this contract.

(3) The Contractor shall ensure that the unique entity identifier is maintained with the entity designated at www.sam.gov for establishment of the unique entity identifier throughout the life of the contract. The Contractor shall communicate any change to the unique entity identifier to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the unique entity identifier does not necessarily require a novation be accomplished.

(e) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.sam.gov.

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

(a) Definition. As used in this provision-- Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

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(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

(b) The Offeror shall enter its CAGE code in its offer with its name and address or otherwise include it prominently in its proposal. The CAGE code entered must be for that name and address.

Enter CAGE before the number. The CAGE code is required prior to award.

(c) CAGE codes may be obtained via--

(1) Registration in the System for Award Management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Commercial and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).

(2) The DLA Commercial and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the offeror does not otherwise register in SAM, an offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at https://cage.dla.mil.

(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an CAGE code by contacting the Codification Bureau in the foreign entity`s country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx if the foreign entity`s country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus, as well as additional information on obtaining NCAGE codes, are available at http://www.nato.int/structur/AC/135/main/links/contacts.htm.

(d) Additional guidance for establishing and maintaining CAGE codes is available at https:// cage.dla.mil.

(e) When a CAGE Code is required for the immediate owner and/or the highest-level owner by 52.204-17 or 52.212-3(p), the Offeror shall obtain the respective CAGE Code from that entity to supply the CAGE Code to the Government.

(f) Do not delay submission of the offer pending receipt of a CAGE code.

(End of Provision)

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)

Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

(b) The Offeror represents that it [--] has or [--] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates has in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name:

(Do not use a doing business as name) Is the immediate owner owned or controlled by another entity?:

[--] Yes or [--] No.

(d) If the Offeror indicates yes in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

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Highest-level owner legal name:

(Do not use a doing business as name) (End of provision)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MANAGEMENT (JUL 2016)

(a) Definition. As used in this clause-- Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

(b) Contractors shall ensure that the CAGE code is maintained throughout the life of the contract.

For contractors registered in the System for Award Management (SAM), the DLA Commercial and Government Entity (CAGE) Branch shall only modify data received from SAM in the CAGE master file if the contractor initiates those changes via update of its SAM registration. Contractors undergoing a novation or change-of-name agreement shall notify the contracting officer in accordance with subpart

42.12. The contractor shall communicate any change to the CAGE code to the contracting officer within 30 days after the change, so that a modification can be issued to update the CAGE code on the contract.

(c) Contractors located in the United States or its outlying areas that are not registered in SAM shall submit written change requests to the DLA Commercial and Government Entity (CAGE) Branch.

Requests for changes shall be provided at https://cage.dla.mil. Change requests to the CAGE master file are accepted from the entity identified by the code.

(d) Contractors located outside the United States and its outlying areas that are not registered in SAM shall contact the appropriate National Codification Bureau (points of contact available at http://www.nato.int/structur/AC/135/main/links/contacts.htm) or NSPA at https:// eportal.nspa.nato.int/AC135Public/scage/CageList.aspx to request CAGE changes.

(e) Additional guidance for maintaining CAGE codes is available at https://cage.dla.mil.

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

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)

52.204-20 PREDECESSOR OF OFFEROR (JUL 2016)

Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances. (b) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last three years. (c) If the Offeror has indicated "is" in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ____ (or mark "Unknown").

Predecessor legal name: ____.

(Do not use a "doing business as" name).(End of provision)

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52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ] is, [ ] is not an inverted domestic corporation; and

(2) It [ ] is, [ ] is not a subsidiary of an inverted domestic corporation.

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015)

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

``Subsidiary`` means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

(b) If the Contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

(c) Exceptions to this prohibition are located at 9.108-2.

(d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event.

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION

UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

52.211-5 MATERIAL REQUIREMENTS (AUG 2000)

(a) "Definitions."

As used in this clause--

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"New" means composed of previously unused components, whether manufactured from virgin material, recovered material in the form of raw material, or materials and by-products generated from, and reused within, an original manufacturing process; provided that the supplies meet contract requirements, including but not limited to, performance, reliability, and life expectancy.

"Reconditioned" means restored to the original normal operating condition by readjustments and material replacement.

"Recovered material" means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

"Remanufactured" means factory rebuilt to original specifications.

"Virgin material" means--

(1) Previously unused raw material, including previously unused copper, aluminum, lead, zinc, iron, other metal or metal ore; or

(2) Any undeveloped resource that is, or with new technology will become, a source of raw materials.

(b) Unless this contract otherwise requires virgin material or supplies composed of or manufactured from virgin material, the Contractor shall provide supplies that are new, reconditioned, or remanufactured, as defined in this clause.

(c) A proposal to provide unused former Government surplus property shall include a complete description of the material, the quantity, the name of the Government agency from which acquired, and the date of acquisition.

(d) A proposal to provide used, reconditioned, or remanufactured supplies shall include a detailed description of such supplies and shall be submitted to the Contracting Officer for approval.

(e) Used, reconditioned, or remanufactured supplies, or unused former Government surplus property, may be used in contract performance if the Contractor has proposed the use of such supplies, and the Contracting Officer has authorized their use.

52.213-4 TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL ITEMS) (JAN 2019).

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(ii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iii) 52.222-3, Convict Labor (Jun 2003) (E.O. 11755).

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(vi) 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).

(vii) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(viii) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Pub. L. 108-77, 108-78 (19 U.S.C. 3805 note)).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (Apr 1984).

(ii) 52.232-8, Discounts for Prompt Payment (Feb 2002).

(iii) 52.232-11, Extras (Apr 1984).

(iv) 52.232-25, Prompt Payment (Jan 2017).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013).

(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013).

(vii) 52.233-1, Disputes (May 2014).

(viii) 52.244-6, Subcontracts for Commercial Items (JAN 2019).

(ix) 52.253-1, Computer Generated Forms (Jan 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at $30,000 or more).

(ii) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

(Applies to contracts for supplies exceeding the micro-purchase threshold).

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(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (May 2014) (41 U.S.C. chapter 65)(Applies to supply contracts over $15,000 in the United States, Puerto Rico, or the U.S. Virgin Islands).

(iv) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212) (Applies to contracts of $150,000 or more).

(v) 52.222-36, Equal Employment for Workers with Disabilities (Jul 2014) (29 U.S.C. 793) (Applies to contracts over $15,000, unless the work is to be performed outside the United States by employees recruited outside the United States).