1333ND19RNB730005.pdf

SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 7900)

RATING

PAGE OF

PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER

1333ND19RNB730005 SEALED BID (IFB)

NEGOTIATED (RFP)

NB733040-19-00293

NB733040-19-00293

7. ISSUED BY CODE 000SB 8. ADDRESS OFFER TO (If other than Item 7)

NATIONAL INST OF STDS AND TECHNOLOGY

100 BUREAU DRIVE STOP 1640

BUILDING 301 ROOM B129

GAITHERSBURG MD 20899-1640

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in NIST until 11:00

AM ET

local time JAN 18, (Hour) (Date)

CAUTION - LATE Submissions, Modifications, and Withdrawls: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

B. TELEPHONE (NO COLLECT CALLS)10. FOR

INFORMATION CALL

A. NAME

LAUREN PHELPS AREA CODE

NUMBER

975-3062

EXTENSION

C. E-MAIL ADDRESS

lauren.phelps@nist.gov

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGES(S) (X) SEC. DESCRIPTION PAGE(S)

PART 1 - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 - 1 X I CONTRACT CLAUSES 16 - 23

X B SUPPLIES OR SERVICES AND PRICES/COSTS 2 - 2 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK STATEMENT 6 - 10 J LIST OF ATTACHMENTS -

D PACKAGING AND MARKING - PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 11 - 12 X K REPRESENTATIONS, CERTIFICATIONS AND OTHER 24 - 25

X F DELIVERIES OR PERFORMANCE 13 - 13 STATEMENTS OF OFFERORS

X G CONTRACT ADMINISTRATION DATA 14 - 14 X L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS 26 - 32

X H SPECIAL CONTRACT REQUIREMENTS 15 - 15 X M EVALUATION FACTORS FOR AWARD 33 - 36

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS (%)

14. ACKNOWLEDGMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

15A. NAME AND

ADDRESS OF

OFFEROR

(Type or print)

15B. TELEPHONE NUMBER 15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT

AREA CODE NUMBER

EXTENSION FROM ABOVE - ENTER SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c) 41 U.S.C. 3304(a) ( )

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

24. ADMINISTERED BY (If other than Item 7) 25. PAYMENT WILL BE MADE BY CODE

26. NAME OF CONTRACTING OFFICER(Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

(Signature of Contracting Officer)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (REV. 6/2014)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

PAGE 1 OF 36 1333ND19RNB730005

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CLIN 0001 represents the minimum production amount required. CLINs 0002 and 0003 are Optional CLINs that the Government may exercise at time of award.

Offerors shall provide pricing for each of the levels of production of SRM #### Cigarettes as detailed below.

Prior to award, the Government will select a single production level for award based on the evaluation of proposals received. The Government will exercise any optional CLINs at time of award to reach the selected production amount.

0001 Contractor provision of the minimum 20,000 cartons of cigarettes in accordance with the Statement of Work

PR NUMBER: NB733040-19-00293

DELIVERY DATE: 12/31/2019

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

BUILDING 301 SHIPPING AND RECEIVING

100 BUREAU DRIVE

GAITHERSBURG MD 20899-0001

FOB : Destination

1.00 LO

0002 OPTIONAL: Contractor provision of an additional 5,000 cartons in accordance with the SOW. (Total Production Amount will equal 25,000 cartons)

DELIVERY DATE: 12/31/2019

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

BUILDING 301 SHIPPING AND RECEIVING

100 BUREAU DRIVE

GAITHERSBURG MD 20899-0001

0003 OPTIONAL: Contractor provision of an additional 5,000 cartons in accordance with the SOW. (Total Production Amount will equal 30,000 cartons)

DELIVERY DATE: 12/31/2019

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

BUILDING 301 SHIPPING AND RECEIVING

100 BUREAU DRIVE

GAITHERSBURG MD 20899-0001

PAGE 2 OF 36 1333ND19RNB730005

Table of Contents

SECTION C DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 Statement of Work

SECTION E INSPECTION AND ACCEPTANCE

E.1 52.246-2 INSPECTION OF SUPPLIES--FIXED-PRICE (AUG 1996)

SECTION F DELIVERIES OR PERFORMANCE

F.1 52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

F.2 52.242-15 STOP-WORK ORDER (AUG 1989)

SECTION G CONTRACT ADMINISTRATION DATA

G.1 1352.201-70 CONTRACTING OFFICER?s AUTHORITY (APR 2010)

G.2 1352.201-72 CONTRACTING OFFICER`S REPRESENTATIVE (COR) (APR 2010)

SECTION H SPECIAL CONTRACT REQUIREMENTS

H.1 NIST LOCAL-54ELECTRONIC BILLING INSTRUCTIONS

H.2 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

H.3 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

SECTION I CONTRACT CLAUSES

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

I.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

I.3 52.202-1 DEFINITIONS (NOV 2013)

I.4 52.203-3 GRATUITIES (APR 1984)

I.5 52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

I.6 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)

I.7 52.203-7 ANTI-KICKBACK PROCEDURES (MAY 2014)

I.8 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (MAY

2014)

I.9 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

I.10 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010)

I.11 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011)

I.12 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (OCT 2018)

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

I.14 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MANAGEMENT (JUL 2016)

I.15 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

I.16 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED

BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018)

I.17 52.211-5 MATERIAL REQUIREMENTS (AUG 2000)

I.18 52.215-2 AUDIT AND RECORDS--NEGOTIATION (OCT 2010)

I.19 52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)

I.20 52.215-14 INTEGRITY OF UNIT PRICES (OCT 2010)

I.21 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014)

I.22 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2018)

I.23 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION (OCT 2014)

I.24 52.222-3 CONVICT LABOR (JUN 2003)

I.25 52.222-18 CERTIFICATION REGARDING KNOWLEDGE OF CHILD LABOR FOR LISTED END PRODUCTS (FEB 2001).20

I.26 52.222-19 CHILD LABOR--COOPERATION WITH AUTHORITIES AND REMEDIES (JAN 2018)

I.27 52.222-20 CONTRACTS FOR MATERIALS, SUPPLIES, ARTICLES, AND EQUIPMENT EXCEEDING $15,000 (MAY

2014)

PAGE 3 OF 36 1333ND19RNB730005

I.28 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

I.29 52.222-26 EQUAL OPPORTUNITY (SEPT 2016)

I.30 52.222-35 EQUAL OPPORTUNITY FOR VETERANS. [OCT 2015]

I.31 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)

I.32 52.222-37 EMPLOYMENT REPORTS ON VETERANS (FEB 2016)

I.33 52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015)

I.34 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2015)

I.35 52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

I.36 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011)

I.37 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

I.38 52.226-6 PROMOTING EXCESS FOOD DONATION TO NONPROFIT ORGANIZATIONS (MAY 2014)

I.39 52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)

I.40 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)

I.41 52.232-1 PAYMENTS (APR 1984)

I.42 52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

I.43 52.232-11 EXTRAS (APR 1984)

I.44 52.232-17 INTEREST (MAY 2014)

I.45 52.232-25 PROMPT PAYMENT (JAN 2017)

I.46 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

I.47 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

I.48 52.233-1 DISPUTES (MAY 2014)

I.49 52.233-3 PROTEST AFTER AWARD (AUG 1996)

I.50 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

I.51 52.242-13 BANKRUPTCY (JUL 1995)

I.52 52.247-34 F.O.B. DESTINATION (NOV 1991)

I.53 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR 2012)

I.54 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984)

I.55 52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

I.56 52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

I.57 52.243-1 CHANGES--FIXED-PRICE (AUG 1987)

I.58 52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989)

SECTION K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

K.1 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (SEP 2007)

K.2 52.204-5 WOMEN-OWNED BUSINESS (OTHER THAN SMALL BUSINESS) (OCT 2014)

K.3 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)

K.4 52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)

K.5 52.204-20 PREDECESSOR OF OFFEROR (JUL 2016)

K.6 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-REPRESENTATION (NOV

2015)

K.7 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

K.8 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY

CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

K.9 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS--CERTIFICATION. (JUN 2018)

K.10 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

K.11 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

K.12 52.222-38 COMPLIANCE WITH VETERANS` EMPLOYMENT REPORTING REQUIREMENTS (FEB 2016)

K.13 52.225-18 PLACE OF MANUFACTURE (AUG 2018)

PAGE 4 OF 36 1333ND19RNB730005

K.14 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS

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

SECTION L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

L.2 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

L.3 52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

L.4 52.216-1 TYPE OF CONTRACT (APR 1984)

L.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

L.6 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

L.7 1352.233-70 AGENCY PROTESTS (APR 2010)

L.8 Instructions to Offerors - Section L

SECTION M EVALUATION FACTORS FOR AWARD

M.1 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

M.2 52.217-4 EVALUATION OF OPTIONS EXERCISED AT TIME OF CONTRACT AWARD (JUN 1988)

M.3 Evaluation Information

PAGE 5 OF 36 1333ND19RNB730005

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 Statement of Work

PAGE 6 OF 36 1333ND19RNB730005

NB733040-19-00293 | SRM ####

Standard Reference Material Cigarette (SRM ####) Manufacture Statement of Work

I. BACKGROUND INFORMATION

Cigarette ignition of soft furnishings has been the largest single cause of fire deaths in the United States. The National Institute of Standards and Technology (NIST)’s Standard Reference Material cigarette (SRM 1196) is required and voluntarily used in U.S. Federal and State regulations and voluntary standards, and international regulations aimed at reducing the number of deaths, injuries, and property losses associated with cigarette ignition. For example, Consumer Product Safety Commission’s (CPSC) Federal standard for mattresses and mattress pads (16 CFR part 1632) and flammability standard for cellulose insulation (16 CFR part 1209);

The California Bureau of Electronic Appliance Repair, Home Furnishings and Thermal Insulation’s (CBEARHFTI) residential furniture flammability standard (Technical Bulletin 117-2013); and

The National Fire Protection Association’s standard methods for measuring the cigarette ignition resistance of upholstered furniture components (NFPA 260) and upholstered furniture mock-ups (NFPA 261).

ASTM International’s standard methods for measuring the cigarette ignition resistance of upholstered furniture components (ASTM E 1353) and upholstered furniture mock-ups (ASTM E 1352).

The initial SRM 1196 cigarettes, designed to capture the ignition properties of the strongest cigarettes in the U.S. market, were made available for sale in September 2010. NIST’s remaining supply has reached a level where it is necessary to obtain a new supply of an SRM 1196 cigarette. This new cigarette will be designated SRM ####. (#### is a placeholder and will be defined by NIST after award.)

II. SCOPE

A. Cigarettes NIST is seeking a contractor to produce cigarettes which meet the specifications described in this Statement of Work. The contractor shall provide a minimum 20,000 cartons (4,000,000 cigarettes) and no more than 30,000 cartons (6,000,000 cigarettes).

The specific amount will be agreed upon and incorporated into the Statement of Work prior to award.

Specifications:

Mandatory: Ignition Strength: Between 70 PFLB and 90 PFLB*,** Mandatory: Unbanded tobacco paper

PAGE 7 OF 36 1333ND19RNB730005

NB733040-19-00293 | SRM ####

Mandatory: Length of tobacco column: Between 80 mm ± 3 mm and 90 mm ± 3 mm

Mandatory: Circumference of tobacco column: Equivalent to a Regular Cigarette, between 24.5 mm to 25.5 mm

Mandatory: Mass of tobacco column: 1.10 g ± 0.15 g

Preferred: Length of tobacco column: 83 mm ± 3 mm Preferred: No filter.

o However, if cigarettes contain a filter, the total length of each cigarette shall not exceed 100 mm. This caveat is mandatory.

*PFLB denotes “percentage of full-length burns.” This is determined using the test method described in Gann, R.G., and Hnetkovsky, E.J., Modification of ASTM E 2187 for Measuring the Ignition Propensity of Conventional Cigarettes, Technical Note 1627, National Institute of Standards and Technology, Gaithersburg, MD, 20899, 2009.

**Research suggests tobacco paper air permeability can strongly influence PFLB.

This research found an air permeability between 28 and 38 Coresta can yield between 70 to 90 PFLB. That research was conducted on a no-filter cigarette with a mass of 1.1 g, length of 83 mm, and unbanded paper.

Note: this Statement of Work does not require a specific cigarette production method; Contractors are welcome to be creative with production processes so long as delivered cigarettes meet NIST specifications. For example, rather than run a production line of cigarettes without filters, Contractors are welcome to simply guillotine off filters before delivery to NIST so long as all mandatory specifications are met.

B. Packaging Mandatory Specifications

The manufacturer’s name(s) shall not be present on any of the cigarettes or packaging.

Cigarettes shall be labeled with “SRM ####.” (#### is a placeholder and will be defined by NIST after award.)

The cartons shall be provided in cases.

The cases and cartons shall be numbered in order of production.

The packs and cartons shall contain all of the information shown in the designs provided in the Appendix but need not match the exact design and/or layout provided in the Appendix.

Preferred Specifications The packs and cartons shall be designed exactly as shown in the Appendix.

PAGE 8 OF 36 1333ND19RNB730005

C. Taxes NIST will work with the State of Maryland to waive Maryland State cigarette tax and for the shipment into Maryland of cigarettes that do not meet the requirements for "fire-safe" cigarettes. NIST has done this with previous SRM cigarettes and has already received feedback from the State of Maryland that once the manufacturer of SRM #### is identified that they will issue approval again.

Preferred Specifications The manufacturer shall work with the Alcohol, Tobacco Tax and Trade Bureau (TTB) to obtain a Federal Excise Tax exemption. For the previous SRM cigarettes, SRM 1196 and SRM 1082, it is NIST’s understanding the manufacturer did not pay the tax because of the following:

For purposes of the Federal excise tax, the taxpayer is the manufacturer of tobacco products. Section 5704(b) of the Internal Revenue Code of 1986 (IRC) (26 U.S.C. 5704(b)) provides for the removal of tobacco products without payment of tax for use of the United States. Section 45.31 of the TTB regulations (27 CFR 45.31) implements that statutory provision, providing for the removal of tobacco products by a manufacturer for delivery to a Federal agency without payment of tax.

A ruling on whether specific shipments of tobacco products may be removed without payment of tax could only be issued to the taxpayer because such a ruling would be considered tax return information and is, therefore, subject to disclosure restrictions under section 6103 of the IRC (26 U.S.C. 6103). But, in general, a transaction where cigarettes would be removed by the manufacturer for distribution under the supervision of a Federal agency and where the cigarettes are not intended for consumption could be considered a removal of tobacco products for the use of the United States. Accordingly, such a removal could qualify for removal without payment of Federal excise tax under 26 U.S.C.

5704(b), notwithstanding the general regulatory prohibition of sale of the cigarettes by the Federal agency, which applies to sale for resale or consumption.

D. Delivery and Inspection/Acceptance Mandatory Delivery Specifications:

All required production shall be completed, and all cigarettes delivered within one

(1) year after date of award.

Preferred Delivery Specifications:

The Contractor shall submit at least 300 test cigarettes of one or more designs within two (2) months of award for testing. NIST will test these against the mandatory criteria identified in Scope sections A. Cigarettes and B. Packaging and provide feedback to the Contractor within three (3) weeks. If the test cigarettes are determined acceptable, the Contractor shall proceed with full

PAGE 9 OF 36 1333ND19RNB730005

production. If no design meets specifications, the Contractor shall submit one or more additional designs for the NIST to test until acceptable performance is achieved. Test cigarettes shall be considered part of the total number of cigarettes purchased.

The Contractor shall complete full production and delivery of all required cigarettes within six (6) months after test cigarettes are approved.

Mandatory Inspection/Acceptance Requirements NIST’s acceptance of the final delivered cigarettes is contingent on random sampling of the cartons demonstrating compliance with the mandatory specifications identified Scope sections A. Cigarettes and B. Packaging.

PAGE 10 OF 36 1333ND19RNB730005

SECTION E

INSPECTION AND ACCEPTANCE

E.1 52.246-2 INSPECTION OF SUPPLIES--FIXED-PRICE (AUG 1996)

(a) "Definition." "Supplies," as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering supplies under this contract and shall tender to the Government for acceptance only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome.

These records shall be kept complete and made available to the Government during contract performance and for as long afterwards as the contract requires. The Government may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under the contract.

(c) The Government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract.

(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections or tests made at other than the Contractor`s or subcontractor`s premises; provided, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples.

(e)

(1) When supplies are not ready at the time specified by the Contractor for inspection or test, the Contracting Officer may charge to the Contractor the additional cost of inspection or test.

(2) The Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes reinspection or retest necessary.

(f) The Government has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Government may reject nonconforming supplies with or without disposition instructions.

(g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permit correction in place, promptly after notice, by and at the expense of the Contractor. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and, when required, shall disclose the corrective action taken.

(h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either

(1) by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or

(2) terminate the contract for default. Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction. Failure to agree to a price reduction shall be a dispute.

(i)

(1) If this contract provides for the performance of Government quality assurance at source, and if requested by the Government, the Contractor shall furnish advance notification of the time--

(i) When Contractor inspection or tests will be performed in accordance with the terms and conditions of the contract; and

(ii) When the supplies will be ready for Government inspection.

(2) The Government`s request shall specify the period and method of the advance notification and the Government representative to whom it shall be furnished. Requests shall not require more than 2 workdays of advance notification if the Government representative is in residence in the Contractor`s plant, nor more than 7 workdays in other instances.

(j) The Government shall accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract. Government failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the Government, for nonconforming supplies.

PAGE 11 OF 36 1333ND19RNB730005

(k) Inspections and tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.

(l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor

(1) at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor`s plant at the Contracting Officer`s election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer; provided, that the Contracting Officer may require a reduction in contract price if the Contractor fails to meet such delivery schedule, or

(2) within a reasonable time after receipt by the Contractor of notice of defects or nonconformance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor`s plant and return to the original point when that point is not the Contractor`s plant. If the Contractor fails to perform or act as required in paragraph (l)(1) or (l)(2) of this clause and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the Government shall have the right by contract or otherwise to replace or correct such supplies and charge to the Contractor the cost occasioned the Government thereby.

(End of Clause)

PAGE 12 OF 36 1333ND19RNB730005

SECTION F

DELIVERIES OR PERFORMANCE

F.1 52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

(a) If the performance of all or any part of the work of this contract is delayed or interrupted

(1) by an act of the Contracting Officer in the administration of this contract that is not expressly or implied authorized by this contract, or

(2) by a failure of the Contracting Officer to act within the time specified in this contract, or within a reasonable time if not specified, an adjustment (excluding profit) shall be made for any increase in the cost of performance of this contract caused by the delay or interruption and the contract shall be modified in writing accordingly. Adjustment shall also be made in the delivery or performance dates and any other contractual term or condition affected by the delay or interruption.

However, no adjustment shall be made under this clause for any delay or interruption to the extent that performance would have been delayed or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an adjustment is provided or excluded under any other term or condition of this contract.

(b) A claim under this clause shall not be allowed--

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved; and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the delay or interruption, but not later than the day of final payment under the contract.

F.2 52.242-15 STOP-WORK ORDER (AUG 1989)

(Reference 52.242-15)

PAGE 13 OF 36 1333ND19RNB730005

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 1352.201-70 CONTRACTING OFFICER?s AUTHORITY (APR 2010) (Reference 1352.201-70)

G.2 1352.201-72 CONTRACTING OFFICER`S REPRESENTATIVE (COR) (APR 2010)

(a) is hereby designated as the Contracting Officer`s Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at:

Phone Number:

Email:

(b) The responsibilities and limitations of the COR are as follows:

(1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.

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

(End of clause)

PAGE 14 OF 36 1333ND19RNB730005

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 NIST LOCAL-54 ELECTRONIC BILLING INSTRUCTIONS

NIST requires that Invoice/Voucher submissions are sent electronically via email to INVOICE@NIST.GOV.

Each Invoice or Voucher submitted shall include the following:

(1) Contract number;

(2) Contractor name and address;

(3) Unique entity identifier (see www.sam.gov for the designated entity for establishing unique entity identifiers);

(4) Date of invoice;

(5) Invoice number;

(6) Amount of invoice and cumulative amount invoiced to-date;

(7) Contract Line Item Number (CLIN);

(8) Description, quantity, unit of measure, unit price, and extended price of supplies/services delivered;

(9) Prompt payment discount terms, if offered; and

(10) Any other information or documentation required by the contract.

H.2 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

(Reference 1352.209-73)

H.3 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

(Reference 1352.209-74)

PAGE 15 OF 36 1333ND19RNB730005

SECTION I

CONTRACT CLAUSES

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

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

Federal Acquisition Regulation (FAR): https://acquisition.gov/browse/index/far

Commerce Acquisition Regulation (CAR): www.osec.doc.gov/oam/archive/docs/car.htm

(End of Provision)

I.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR): https://acquisition.gov/browse/index/far

Commerce Acquisition Regulation (CAR): www.osec.doc.gov/oam/archive/docs/car.htm

I.3 52.202-1 DEFINITIONS (NOV 2013)

(Reference 52.202-1)

I.4 52.203-3 GRATUITIES (APR 1984)

(Reference 52.203-3)

I.5 52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

(Reference 52.203-5)

I.6 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)

(Reference 52.203-6)

I.7 52.203-7 ANTI-KICKBACK PROCEDURES (MAY 2014)

(Reference 52.203-7)

I.8 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014) (Reference 52.203-8)

I.9 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014) (Reference 52.203-10)

I.10 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010) (Reference 52.203-12)

I.11 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011)

PAGE 16 OF 36 1333ND19RNB730005

(Reference 52.204-4)

I.12 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (OCT 2018) (Reference 52.204-10)

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

(Reference 52.204-13)

I.14 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MANAGEMENT (JUL 2016)

(Reference 52.204-18)

I.15 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) (Reference 52.204-19)

I.16 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED

BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018)

(Reference 52.204-23)

I.17 52.211-5 MATERIAL REQUIREMENTS (AUG 2000)

(Reference 52.211-5)

I.18 52.215-2 AUDIT AND RECORDS--NEGOTIATION (OCT 2010)

(Reference 52.215-2)

I.19 52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(a) The Schedule (excluding the specifications).

(b) Representations and other instructions.

(c) Contract clauses.

(d) Other documents, exhibits, and attachments.

(e) The specifications.

I.20 52.215-14 INTEGRITY OF UNIT PRICES (OCT 2010)

(a) Any proposal submitted for the negotiation of prices for items of supplies shall distribute costs within contracts on a basis that ensures that unit prices are in proportion to the items` base cost (e.g., manufacturing or acquisition costs). Any method of distributing costs to line items that distorts unit prices shall not be used. For example, distributing costs equally among line items is not acceptable except when there is little or no variation in base cost. Nothing in this paragraph requires submission of certified cost or pricing data not otherwise required by law or regulation.

(b) When requested by the Contracting Officer, the Offeror/Contractor shall also identify those supplies that it will not manufacture or to which it will not contribute significant value.

(c) The Contractor shall insert the substance of this clause, less paragraph (b), in all subcontracts for other than: acquisitions at or below the simplified acquisition threshold in FAR Part 2; construction or architect-engineer services under FAR Part 36; utility services under FAR Part 41; services where supplies are not required; commercial items; and petroleum products.

I.21 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014)

(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

PAGE 17 OF 36 1333ND19RNB730005

the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.

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 the size standard in paragraph (b) of this provision.

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.

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 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) The North American Industry Classification System (NAICS) code for this acquisition is 312230 NAICS code].

(2) The small business size standard is 1,500 employees size standard].

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

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

(2) [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.

(3) [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 [square] is, [square] is not a women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(3) of this provision.] The offeror represents as part of its offer 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)(4)(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 eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

PAGE 18 OF 36 1333ND19RNB730005

(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (c)(4) of this provision.] The offeror represents as part of its offer that--

(i) It [] is, [] is not an EDWOSB 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)(5)(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.

(6) [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.

(7) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(6) of this provision.] The offeror represents as part of its offer that it [] is, [] is not a service-disabled veteran-owned small business concern.

(8) [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)(8)(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) Notice.

(1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.

(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm`s status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall--

(i) Be punished by imposition of fine, imprisonment, or both;

(ii) Be subject to administrative remedies, including suspension and debarment; and

(iii) Be ineligible for participation in programs conducted under the authority of the Act.

I.22 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2018)

(Reference 52.219-8)

I.23 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION (OCT 2014)

(a) Definitions. As used in this clause-- Long-term contract means a contract of more than five years in duration, including options.

However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

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 the size standard in paragraph (c) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, PAGE 19 OF 36 1333ND19RNB730005 number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor`s current status.

The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs

(e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it /_/ is, /_/ is not a small business concern under NAICS Code 312230 assigned to contract number [The Contractor needs to sign and date and insert authorized signer`s nameand title].

I.24 52.222-3 CONVICT LABOR (JUN 2003)

(Reference 52.222-3)

I.25 52.222-18 CERTIFICATION REGARDING KNOWLEDGE OF CHILD LABOR FOR LISTED END PRODUCTS (FEB 2001) (Reference 52.222-18)

I.26 52.222-19 CHILD LABOR--COOPERATION WITH AUTHORITIES AND REMEDIES (JAN 2018)

(Reference 52.222-19)

I.27 52.222-20 CONTRACTS FOR MATERIALS, SUPPLIES, ARTICLES, AND EQUIPMENT EXCEEDING $15,000 (MAY 2014) (Reference 52.222-20)

I.28 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

(Reference 52.222-21)

I.29 52.222-26 EQUAL OPPORTUNITY (SEPT 2016)

(Reference 52.222-26)

I.30 52.222-35 EQUAL OPPORTUNITY FOR VETERANS. [OCT 2015]

PAGE 20 OF 36 1333ND19RNB730005

(Reference 52.222-35)

I.31 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)

(Reference 52.