1333ND19QNB680249_SF-18.pdf

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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

NB688000-19-00988 NB688000-19-00988

1333ND19QNB680249

NATIONAL INST OF STDS AND TECHNOLOGY

325 BROADWAY

BOULDER CO 80305-3328

MEELONDRELL LUMPKIN

MEELONDRELL.LUMPKIN@NIST.GOV

Please See Continuation Page for Line Item Details

303 497-5270

See Schedule

MAY 09, 2019

See Schedule

Attachment Page

PAGE 2 OF 33 1333ND19QNB680249

Combined Synopsis/Solicitation 1333ND19QNB680249 Low V-pi, high power electro-optic modulators 1 of 7

I. REQUEST FOR QUOTE FOR LOW V-PI, HIGH POWER ELECTRO-OPTIC

MODULATORS

THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

PREPARED IN ACCORDANCE WITH THE FORMAT IN FAR SUBPART 12.6-

STREAMLINED PROCEDURES FOR EVALUATION AND SOLICITATION FOR

COMMERCIAL ITEMS-AS SUPPLEMENTED WITH ADDITIONAL INFORMATION

INCLUDED IN THIS NOTICE. THIS ANNOUNCEMENT CONSTITUTES THE ONLY

SOLICITATION; QUOTATIONS ARE BEING REQUESTED, AND A WRITTEN

SOLICITATION DOCUMENT WILL NOT BE ISSUED. THIS SOLICITATION IS BEING

ISSUED USING SIMPLIFIED ACQUISITION PROCEDURES UNDER THE AUTHORITY

OF FAR 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS.

A. The solicitation number and a statement that the solicitation is issued as a request for quotation (RFQ). All communications and documents must include the proposed solicitation number 1333ND19QNB680249.

1. All offerors shall provide a FIRM FIXED PRICE quotation for the Low V-pi, high power electro-optic modulators to include all shipping costs.

2. Closing Response Date: May 9, 2019, 9:00 AM, Mountain Time.

B. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2019-01 December 20, 2018.

C. The associated North American Industrial Classification System (NAICS) code for this procurement is 333314, with a small business size standard of 500 employees. This is a full and open competition procurement.

D. CONTRACT LINE ITEM NUMBERS (CLINs) OVERVIEW:

1.

2. There are no option CLINs. However,

3. Submit FAR 52.211-8, Time of Delivery, in full text.

E. DESCRIPTION OF REQUIREMENTS

The Government require lithium niobate waveguide electro-optic phase and intensity modulators for creation of an optical frequency comb.

CLIN ITEMS QUANTITY UNIT OF

ISSUE

PRICE

0001 Electro-Optic Phase modulators as per the

SOW 4 EA $0.00

0002 Electro-optic intensity modulators as per

SOW 2 EA $0.00

0003 Shipping 1 EA $0.00

PAGE 3 OF 33 1333ND19QNB680249

Combined Synopsis/Solicitation 1333ND19QNB680249 Low V-pi, high power electro-optic modulators 2 of 7

Low V-pi, high power electro-optic modulators specifications:

Electro-optic phase modulators have the following specifications:

Operating wavelength: 1550 nm

Electrical bandwidth: useable frequency response > 20 GHz

Optical insertion loss: < 3.5 dB

Modulation port V-pi (@1 GHz): <3.3 Volts

No internal termination; an output RF connection must be included such that external termination can be applied

RF connectors: female 2.92 mm (or K connector) on both input and output

Input RF S11(0.13 GHz to 16 GHz): <-10 dB

RF power handling: 4 Watts

Input & output fibers: ~ 1m polarization maintaining 1550 nm fiber, 900 um loose-tube jacket

Input and output fiber connectors: FC/APC with key aligned to the slow axis of the fiber

Polarization extinction ratio: <-20 dB

Optical return loss: > 45 dB

Quantity: 4

Electro-optic intensity modulators have the following specifications:

Operating wavelength: 1550 nm

Electrical bandwidth: useable frequency response > 20 GHz

Optical insertion loss: < 4 dB

Modulation port V-pi (@ 1 GHz): <4 Volts

No internal termination; an output RF connection must be included such that external termination can be applied

RF connectors: female 2.92 mm (or K connector) on both input and output

RF input S11(0.13 to 16 GHz): <-10dB

RF power handling: 1 Watt

Input & output fibers: ~ 1m polarization maintaining 1550 nm fiber, 900 um loos tube jacket

Polarization extinction ratio: <-20 dB

Optical return loss: > 40 dB

Quantity 2

F. DATE(S) AND PLACE(S) OF DELIVERY AND ACCEPTANCE AND FOB POINT

1. Delivery schedule shall be completed no later July 16, 2019. Submit FAR 52.211-8, Time of Delivery, in full text.

2. Free on board” or “Freight on board (FOB) Destination delivery terms are requested.

FOB Destination means: The Contractor shall pack and mark the shipment in

PAGE 4 OF 33 1333ND19QNB680249

Combined Synopsis/Solicitation 1333ND19QNB680249 Low V-pi, high power electro-optic modulators 3 of 7 conformance with carrier requirements, deliver the shipment in good order and condition to the point of delivery specified in the purchase order, be responsible for any loss of and/or damage to the goods occurring before receipt and acceptance of the shipment by the consignee at the delivery point specified in the purchase order; and pay all charges to the specified point of delivery. The contractor is responsible for any custom clearance, to include, import duties, taxes, and fees, Power of attorney, bond(s), etc. All shipping costs shall be included in the total firm-fixed price.

3. Delivery address: The Contractor shall include delivery item to the Place of Contract

Performance:

NIST Shipping and Receiving ATTN: Franklyn Quilan 325 Broadway Boulder, CO, 80305

G. The provision at 52.212-1, Instructions to Offerors – Commercial Items, applies to this acquisition. See enclosed Federal Acquisition Regulation (FAR) provision at 52.212-1 for additional specific paragraph(s) that are applicable to the acquisition by addendum included in this provision.

H. The provision at 52.212-2, Evaluation -- Commercial Items, applies to this acquisition. See enclosed FAR provision at 52.212-2 for specific evaluation criteria included that are applicable to the acquisition by addendum included in this provision. Offerors shall clearly demonstrate their ability to meet the technical requirements and deliverable schedule (period of performance) as outlined in the associated solicitation. Quote shall include all shipping costs.

I. The provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items, applies to this acquisition. The Offeror must have completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of the enclosed FAR provision at 52.212-3.

J. Clauses at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition. See enclosed FAR Clause at 52.212-4 for additional FAR clauses cited in the clause that are applicable to the acquisition.

K. Clauses at 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition. See enclosed FAR Clause at 52.212-5 for additional FAR clauses cited in the clause that are applicable to the acquisition.

L. Additional contract requirement(s) or terms and conditions are as follows:

1. INSPECTION

Inspection and acceptance is expected to take seven calendar days after receipt of delivery.

PAGE 5 OF 33 1333ND19QNB680249

Combined Synopsis/Solicitation 1333ND19QNB680249 Low V-pi, high power electro-optic modulators 4 of 7

2. WARRANTY

Inspection and acceptance is expected to take one week after delivery. Warranty shall start upon Government acceptance which differs from the delivery date.

3. SYSTEM FOR AWARD MANAGEMENT (SAM) REGISTRATION

In accordance with FAR Clause 52.204-7, the awardee must be registered in the System for Award Management (www.sam.gov) prior to award. Refusal to register shall forfeit award.

M. The Defense Priorities and Allocations System (DPAS) and assigned rating is not applicable to this acquisition.

N. Contact Point or Contracting Officer is MeeLondrell Lumpkin at (303) 497-5270.

II. ADDENDUM TO FAR 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL

ITEMS -- QUOTATION PREPARATION INSTRUCTIONS

A. Offerors shall clearly demonstrate their ability to meet the technical requirements and deliverable schedule as outlined in the associated solicitation.

B. As set forth in FAR 52.212-1 (g), Contract award, the Government intends to evaluate quotations and award one Purchase Order without discussions with offerors. The offerors’ initial quotation should contain the offerors best terms from a price and technical standpoint.

The Government reserves the right to conduct discussions if the Contracting Officer later determines it necessary.

Please reference the Request for Quote (RFQ) number (1333ND19QNB680249) in the subject line of email communications. Offerors quotations shall not be deemed received by the Government until the quotation is entered in the Contracting Officer’s e-mail inbox:

meelondrell.lumpkin@nist.gov.

C. SF-18 SUBMITTAL INSTRUCTIONS

1. SUBMIT ONE QUOTE VIA EMAIL. The quote shall be organized, concise, and tabbed. Each factor shall be described in a separate tabbed section. Those Offerors that meet the requirement described in this announcement and wish to be considered must submit an SF- Standard Form (SF) 18, REQUEST FOR QUOTATION – Offeror to Complete Blocks 12, 13, 14, 15 & 16. Offerors responding are requested to clearly indicate those required services it intends to self-perform and those it intends to sub-contract. One electronic email with the RFQ response is to be received in this office no later than 9:00 AM, Mountain Time on, May 9, 2019.

2. Each submittal shall contain the following information:

a. Cover and title page per FACTOR

b. Title of the Factor and qualification number as applicable

c. Offeror’s name, address, and Point of Contract for Contractual Authority

d. RFQ number

PAGE 6 OF 33 1333ND19QNB680249

Combined Synopsis/Solicitation 1333ND19QNB680249 Low V-pi, high power electro-optic modulators 5 of 7

e. Use page numbers, tabs, and dividers is highly encouraged, if necessary

3. Quote Expenses and Pre-Contract Costs

a. The RFQ solicitation does not commit the Government to pay any costs incurred in the preparation and submission of a quote or for any other costs incurred by any offeror submitting a quote in response to this solicitation. Offerors are cautioned against submitting conditional RFQ.

b. The Government will not make assumptions concerning intent, capabilities, or experiences. Clear identification of quote details shall be the sole responsibility of the offeror.

c. Failure to clearly address all submittal requirements, evaluation criteria and information requirements of the RFQ above may result in rejection of the submission.

III. ADDENDUM TO FAR 52.212-1(b) (11), ACCEPTANCE OF TERMS AND

CONDITIONS

If the contractor objects to any of the terms and conditions contained in this solicitation, the contractor 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:” [Contractor shall list exception(s) and rationale for the exception(s)]. It is the sole responsibility of the contractor to identify in their quote any exceptions to the terms and conditions of the solicitation. If the contractor does not include such a statement, the submission of a quotation in response to this solicitation will be regarded as the Contractor’s acceptance of the Government’s terms and conditions for inclusion into the resultant purchase order.

IV. ADDENDUM TO FAR 52.212-2, EVALUATION -- COMMERCIAL ITEMS -

EVALUATION CRITERIA AND BASIS FOR AWARD

A. The Government intends to evaluate quotations and issue a firm fixed purchase order based on the initial quotations received, utilizing simplified acquisition procedures of FAR Part 13.

The Government will evaluate quotes utilizing the procedures of FAR 13.106-2 Evaluation of quotations or offers. The Government reserves the right to request revised quotations from, or negotiate final purchase order terms with, one or more, but not all, Offerors if later determined by the Contracting Officer to be necessary. The Government may reject any or all quotations if such action is in the public interest and issue a purchase order to other than the Offeror with the lowest priced quotation.

B. Incomplete quotations may be considered non-responsive and removed from further consideration. Quotations shall be clearly and concisely written as well as being neat, indexed (cross-indexed as appropriate) and logically assembled. All pages of each part shall be appropriately numbered and identified with the name of the offeror, the date, and the solicitation number.

C. BASIS FOR AWARD

The Government will consider price and technical nonprice factors to determine the quotation that is most advantageous and represents the Lowest Priced Technically Acceptable (LPTA) quote. The Government will not use the formal source selection procedures

PAGE 7 OF 33 1333ND19QNB680249

Combined Synopsis/Solicitation 1333ND19QNB680249 Low V-pi, high power electro-optic modulators 6 of 7 described in FAR part 15. The Government will evaluate quotations utilizing the procedures of FAR 13.106-2 Evaluation of quotations or offers. This will be a firm fixed price purchase order.

EVALUATION CRITERIA. Evaluation of Technical Capability will be based on the information provided in the quotation. Documentation submitted in the quotation shall be evaluated to determine that the proposed equipment meets or exceeds the Governments minimum required specifications. Failure to clearly and unambiguously demonstrate this will result in an “unacceptable“ technical rating.

FACTOR 1: TECHNICAL APPROACH

FACTOR 2: PAST PERFORMANCE

FACTOR 3: PRICE

D. FACTOR 1 - TECHNICAL APPROACH (VOL. 1)

1. The TECHNICAL APPROACH (capabilities) is defined as the vendor’s proposed solution(s) to successfully fulfill the contract requirements.

2. SUBMITTAL REQUIREMENTS

The vendor shall submit technical approach and capability documentation which may include a narrative, charts, graphs, tables, drawings, product / service literature, and demonstrated authority to provide the necessary items and perform the required services identified in the specification / statement of work. The documentation shall clearly describe, in sufficient detail, the vendor's authority, proposed items, resources and methods to successfully fulfill the requirements including specifications, performance capability requirements, delivery schedules, warranties and all service requirements per the Request for Quotations.

3. BASIS OF EVALUATION

Evaluation of this factor is a subjective evaluation of the vendor's demonstrated resources, capability and methods to meet all requirements. This factor will be evaluated on an Acceptable / Unacceptable basis. The vendor’s submittals will be evaluated to determine whether the proposed technical approach demonstrates a clear and unambiguous understanding and a demonstrated ability to meet the minimum requirements. Failure to demonstrate a clear and unambiguous technical approach to meeting the requirements will result in an “Unacceptable” rating for this factor.

E. FACTOR 2 - PAST PERFORMANCE (VOL. 2)

1. Past performance is a defined as how well a vendor has performed on meeting recent and relevant requirements in terms of scope, size, and complexity

2. SUBMITTAL REQUIREMENTS

Provide the following information for a minimum of three companies / organizations / clients which the offer has provided recent and similar items / services for Low-V-pim High Power electro optic modulators:

PAGE 8 OF 33 1333ND19QNB680249

Combined Synopsis/Solicitation 1333ND19QNB680249 Low V-pi, high power electro-optic modulators 7 of 7

a. Company/Organization/Client Name.

b. Address.

c. Brief description of items / services provided.

d. Point of contact.

e. Email and or phone number contact information.

3. BASIS OF EVALUATION

The basis of evaluation is a subjective evaluation of how well the Vendor performed on recent and relevant contracts regarding the RFQ requirement. This factor will be evaluated on an Acceptable / Unacceptable basis. Vendors with an overall satisfactory past performance will be rated as “Acceptable.” Vendors with a less than satisfactory overall past performance will be rated as “Unacceptable.”

In addition to the above, the Government may review any other sources of information for evaluating past performance. Other sources may include, but are not limited to, past performance information retrieved through the Past Performance Information Retrieval System (PPIRS) Federal Awardee Performance and Integrity Information System (FAPIIS) using all CAGE / DUNS number of vendor. The Government reserves the right to contact any other source of information that may have knowledge or information on a vendor’s relevant past performance history.

F. FACTOR 3 - PRICE QUOTATION (VOL. 3)

1. SUBMITTAL REQUIREMENTS

Contractor's shall submit a Quotation which will be evaluated for price reasonableness.

The offeror shall submit an electronic copy of the completed price quotation to the Contracting Officer. The price quotation shall be separate from any other portion of the quotation. The offeror shall propose a separate firm-fixed-price, FOB Destination, for each CLIN and options. Price quotations shall remain valid for a period of 30 calendar days from the date quotations are due. Contractor shall state express warranty coverage.

2. BASIS OF EVALUATION

The quoted price will be evaluated for reasonableness in relation to the solicitation requirements. Prices must be entirely compatible with the technical portion of the quotation.

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

TITLE: LOW V-PI, HIGH POWER ELECTRO-OPTIC

MODULATORS

Continued on next page 0001 Electro-Optic Phase modulators as per the SOW

PR NUMBER: NB688000-19-00988

DELIVERY DATE: 07/16/2019

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

325 BROADWAY

BOULDER CO 80305-3328

FOB : Destination

4.00 EA

0002 Electro-optic intensity modulators as per SOW

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

325 BROADWAY

BOULDER CO 80305-3328

2.00 EA

0003 Shipping Costs (all inclusive)

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

325 BROADWAY

BOULDER CO 80305-3328

1.00 EA

PAGE 9 OF 33 1333ND19QNB680249

Table of Contents

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)

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-REPRESENTATION (NOV 2015)... 11

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

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2018)

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

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

TO IRAN--REPRESENTATION AND CERTIFICATIONS (AUG 2018)

52.232-15 PROGRESS PAYMENTS NOT INCLUDED (APR 1984)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

52.247-34 F.O.B. DESTINATION (NOV 1991)

52.247-35 F.O.B. DESTINATION, WITHIN CONSIGNEE`s PREMISES (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)

52.204-20 PREDECESSOR OF OFFEROR (JUL 2016)

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

ANY FEDERAL LAW (FEB 2016)

52.211-8 TIME OF DELIVERY (JUN 1997)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018)

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (OCT 2018)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL

ITEMS (JAN 2019)

52.225-18 PLACE OF MANUFACTURE (AUG 2018)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

1352.215-72 INQUIRIES (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-39MARKING/PACKING INSTRUCTIONS

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

NIST LOCAL-54ELECTRONIC BILLING INSTRUCTIONS

PAGE 10 OF 33 1333ND19QNB680249

CLAUSES

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

(Reference 52.204-7)

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

(Reference 52.204-13)

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

(Reference 52.204-16)

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

(Reference 52.204-17)

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

(Reference 52.204-18)

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

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

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

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2018)

(Reference 52.212-1)

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(Reference 52.212-2)

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

RELATING TO IRAN--REPRESENTATION AND CERTIFICATIONS (AUG 2018)

(Reference 52.225-25)

52.232-15 PROGRESS PAYMENTS NOT INCLUDED (APR 1984)

(Reference 52.232-15)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

(Reference 52.232-39)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) (Reference 52.232-40)

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

(Reference 52.242-17)

52.247-34 F.O.B. DESTINATION (NOV 1991)

(Reference 52.247-34)

52.247-35 F.O.B. DESTINATION, WITHIN CONSIGNEE`s PREMISES (APR 1984) (Reference 52.247-35)

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

1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

(Reference 1352.209-73)

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

(Reference 1352.209-74)

PAGE 11 OF 33 1333ND19QNB680249

52.204-20 PREDECESSOR OF OFFEROR (JUL 2016)

(a) Definitions. 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

(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)

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.

(End of provision)

52.211-8 TIME OF DELIVERY (JUN 1997)

(a) The Government requires delivery to be made according to the following schedule:

Required Delivery Schedule July 19, 2019

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

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| Offeror`s Proposed Delivery Schedule | | Item No. | Quantity | Within Days After Date of Contract |

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails.

However, the Government will evaluate an offer that proposes delivery based on the Contractor`s date of receipt of the contract or notice of award by adding

(1) five calendar days for delivery of the award through the ordinary mails, or

(2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically.

(The term "working day" excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

(End of Clause)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u)) of this provision.

(a) Definitions. As used in this provision-- "Economically disadvantaged women-owned small business (EDWOSB)concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

"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.

"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).

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"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

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

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L.

110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

"Sensitive technology"

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

"Service-disabled veteran-owned small business concern"

(1) Means a small business concern

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

"Small disadvantaged business concern, consistent with 13 CFR 124.1002," means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

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

(1) Directly by a parent corporation; or

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(2) Through another subsidiary of a parent corporation.

"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.

"Veteran-owned small business concern" means a small business concern

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

"Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)," means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in 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), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

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.

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 electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [_] is, [_] is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-

(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture.

[The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: _________.] Each WOSB concern

PAGE 15 OF 33 1333ND19QNB680249

eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-

(i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: _____________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126;

and

(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture:

__________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order 11246 --

(1) Previous contracts and compliance. The offeror represents that --

(i) It [_] has, [_] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It [_] has, [_] has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that --

(i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor(41 CFR parts 60-1 and 60-2), or

(ii) It [_] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American-Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States.

PAGE 16 OF 33 1333ND19QNB680249

The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(2) Foreign End Products:

Line Item No. Country of Origin [List as necessary]

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)

(1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)

(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act."

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line Item No. Country of Origin [List as necessary]

(iii) The offeror shall list those…

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