1333ND21QNB680375.pdf

REQUEST FOR QUOTATION #

1333ND21QNB680375

DILUTION REFRIGERATOR SYSTEM

Attachment Page

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I. REQUEST FOR QUOTE FOR DILUTION REFRIGERATOR SYSTEM

(i) THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

PREPARED IN ACCORDANCE WITH THE FORMAT IN FAR SUBPART 12.6, AS

SUPPLEMENTED WITH ADDITIONAL INFORMATION INCLUDED IN THIS NOTICE.

THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTATIONS

ARE BEING REQUESTED, AND A WRITTEN SOLICITATION WILL NOT BE ISSUED.

THIS COMBINED SYNOPSIS/SOLICITATION IS BEING ISSUED AS A REQUEST FOR

QUOTATION (RFQ) # 1333ND21QNB680375 DILUTION REFRIGERATOR SYSTEM

UTILIZING SIMPLIFIED ACQUISITION PROCEDURES AUTHORIZED BY FAR 13.

THE EVALUATION PROCEDURES OF FAR PART 13.106-2 SHALL BE UTILIZED FOR

THIS PROCUREMENT. THE SOLICITATION SHALL NOT BE SUBJECT TO THE

FORMAL SOURCE SELECTION PROCEDURES DESCRIBED IN FAR PART 15.

THE TERMINOLOGY REQUEST FOR QUOTE (RFQ) AND REQUEST FOR PROPOSAL

(RFP) ARE USED INTERCHANGEABLY THROUGHOUT THIS DOCUMENT AND

HAVE THE SAME MEANING FOR THE PURPOSE OF THIS SOLICITATION.

(ii) The solicitation number and a statement that the solicitation is issued as a Request For Quotation (RFQ) conducted under the authority of FAR 13, Simplified Acquisition Procedures. All communications and documents must include the proposed solicitation number

1333ND21QNB680375.

(iii) This RFQ, incorporated provisions, and clauses are those in effect through Federal Acquisition Circular (FAC) 2021-06, July 12, 2021.

(iv) The associated NAICS 334516 – Analytical Laboratory Manufacturing, with a small business size standard of 1,000 employees. This requirement is a small business set aside.

(v) See the Schedule describing the requirements for solicitation for the contract line item number(s) (CLINs) to include a description of the item(s), quantities, and units of measure (including any applicable option(s)).

There are NO Option CLIN(s).

(vi) A Description of the requirements for the items to be acquired is in the enclosed Statement of Work.

(vii) Date(s) and place(s) of delivery, acceptance, and FOB point are required in accordance with this RFQ.

(viii) The provision at FAR 52.212-1, Instructions to Offerors—Commercial Items (MAR 2020), applies to this acquisition. Addenda to this provision is as follows:

All offerors shall submit their quotations on letterhead to the email address stated herein by the date and time specified herein. All quotations shall contain, at a minimum, the information

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detailed below. If a quotation is missing any of the elements listed below, the quotation may be deemed unacceptable and may not be evaluated further.

Quoters shall clearly demonstrate their ability to meet the technical requirements and deliverable schedule outlined in this solicitation. THE QUOTATION SHALL INCLUDE ALL SHIPPING COSTS. However, NIST reserves the right to ship under a NIST-provided account.

BASIS OF AWARD:

The award will be made to the Lowest Price Technically Acceptable (LPTA) quoter, based on the technical Statement of Work detailed within the attached Statement of Work. NIST intends to award a firm-fixed-price (FFP) purchase order.

The Government intends to evaluate quotations and issue a purchase order based on the initial quotations received. Therefore, the quoter's initial quotation should contain the quoter's best terms from a price and technical standpoint. The Government reserves the right to request revised quotations from, or negotiate final purchase order terms with, one or more, but not all, quoters if later determined by the Contracting Officer to be necessary.

(ix) The provision at FAR 52.212-2, Evaluation -- Commercial Items (OCT 2014), applies to this acquisition. The Government will award an FFP purchase order resulting from this solicitation to the responsible Offeror with the lowest price technically acceptable quote based upon the technical specifications as detailed within the attached Statement of Work.

FACTOR 1 - TECHNICAL CAPABILITY:

1. The TECHNICAL CAPABILITY is defined as the vendor's demonstration of the understanding and capability to provide the required items as identified in the Statement of Work. This includes the authority to provide the required items (i.e., authorized dealer/seller/reseller), the authority to provide maintenance and repair services, capability, and method to meet all contract requirements successfully; this includes the required delivery schedule, installation, warranty, and all other requirements. Evaluation of this factor is a subjective evaluation of the Offeror’s understanding of the contract requirements (clauses, provisions, and the SOW) and demonstrated ability to meet contract requirements and SOW performance Standards based on its technical approach.

2. SUBMITTAL REQUIREMENTS

The vendor shall submit technical approach and 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 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.

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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. To be "Acceptable," the vendor's quotation will be evaluated to determine whether the proposed technical capability demonstrates a clear and unambiguous understanding and 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 for this factor. Product data sheet(s) will be evaluated.

FACTOR 2 - PRICE:

1. The PRICE is defined as the vendor’s proposed total price for the sum of all line items to successfully fulfill the contract requirements.

2. SUBMITTAL REQUIREMENTS

Quotations shall be submitted on an FFP basis in accordance with the contract line item numbering (CLIN) structure identified in Schedule Continued of this solicitation. The price quotation shall include complete support documentation, which clearly identifies major materials, and components along with their associated prices. The price quotation shall also identify any elements that will be subcontracted. The price quotation documentation shall clearly substantiate how the total price was derived.

In addition, the contractor price quotation shall also identify any requested payment schedule terms. All payment schedule terms shall be directly tied to contract deliverables and/or major contract milestones. The Government requests that the Offeror provide discounts off of its contractual rates to the maximum extent possible.

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. Pricing will be evaluated but not scored. A price realism analysis will not be conducted. The price(s) quoted in response to the solicitation will be evaluated through price analysis. The price quotation shall include complete support documentation, which clearly identifies major materials, components along with their associated prices. The price quotation shall also identify any elements that will be subcontracted. The price quotation documentation shall clearly substantiate how the total price was derived. In addition, the Offeror’s price quotation shall also identify any requested payment schedule terms.

PAYMENT TERMS:

IAW 32.202-2 -- Types of Payments for Commercial Item Purchases. These definitions incorporate the requirements of the statutory commercial financing authority and the implementation of the Prompt Payment Act. Commercial advance payment, as used in this subsection, means a payment made before any performance of work under the contract. The aggregate of these payments shall not exceed 15 percent of the contract price. These payments are contract financing payments for prompt payment purposes (i.e., not subject to the interest penalty provisions of the Prompt Payment Act in accordance with Subpart 32.9). These payments are not subject to Subpart 32.4, Advance Payments for Non-Commercial Items.

This item is allowed to ship to the NIST campus warehouse for storage. However, due to COVID-19, our Boulder campus is currently closed with limited access to the NIST campus.

SUBMIT PRODUCT DATA SHEET WITH QUOTE.

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However, the customer can complete inspection and acceptance within most cases following COVID-19 compliance and other guidelines. Therefore, slight delays should be expected. The remaining balance cannot be invoiced or approved until the customer has completed inspection and acceptance.

(x) Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items (FEB 2021), with its offer. The Offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through 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 this provision.

(xi) The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items (OCT 2018), applies to this acquisition.

(xii) The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items (JUL 2021), applies to this acquisition, and the following additional FAR clauses cited apply to the acquisition:

(xiii) The following additional contract requirement(s) and additional terms and conditions are necessary for this acquisition and consistent with customary commercial practices are as follows:

Additional Contract Requirements:

1. All communications and documents must include the RFQ # 1333ND21QNB680375 and Subject Title: DILUTION REFRIGERATOR

SYSTEM.

2. All quotations shall include the following information:

a. Information is enough to demonstrate you can meet or exceed the requirements in the

Statement of Work.

b. Firm fixed price quote.

c. All questions regarding this solicitation must be received via email to primary POC no later than Wednesday, August 4, 2021, at 9:00 AM, Mountain Time. No phone calls will be accepted. All questions shall be in writing and will be provided with the response in an amendment to the RFQ.

d. All Quotes MUST comply with the submission requirements, or they may be rejected as non-responsive and, accordingly, not be evaluated—electronic responses required directly to the Contract Specialist.

e. A technical point of contact (TPOC) will be provided upon award.

f. Delivery point of contact will be provided upon award. (NIST reserves the right to ship using the NIST Account).

g. Company DUNS No. In order to be eligible for this award, the Offeror must have and maintain an active registration at the System for Award Management at www.sam.gov, and have completed Representations and Certifications therein for the specified NAICS code, or submit separate Representations and Certifications if the specified NAICS code is not listed in their SAM registration.

h. Warranty: Warranty shall start upon written Government Acceptance, which is expected to be after Inspection.

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(xiv) Defense Priorities and Allocations System (DPAS) is NOT applicable.

(xv) All quotations shall be delivered electronically by the specified close date and time Angela Hitt, Contract Specialist, at angela.hitt@nist.gov.

Quotation(s) transmitted through an electronic commerce method authorized by the solicitation and not received at the initial point of entry to the Government infrastructure the Original Response Date or Update Response Date is "late" and will not be considered. Late offers shall not be considered for award.

Offers Due Date: A u g u s t 1 2 , 2021 Due Time: 9:00 AM Mountain Time

(xvi) For information regarding this solicitation, contact the Contract Specialist at angela.hitt@nist.gov.

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 offeror's 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 (1333ND21QNB680375) in the subject line of email communications. Offeror's quotations shall not be deemed received by the Government until the quotation is entered in the Contract Specialist ’s e-mail inbox:

angela.hitt@nist.gov.

III. 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-price 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.

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 volume shall be appropriately numbered and identified with the offeror's name, the date, and the solicitation number.

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C. For this LPTA procurement, NIST will evaluate quotations as follows: NIST will evaluate the lowest price quotation to determine if it is technically acceptable. If the quotation is technically acceptable, then NIST will not evaluate any other quotations and will make award to the lowest price technically acceptable offeror. If the lowest price quotation is not technically acceptable, then NIST will evaluate the next lowest quotation to determine if it is technically acceptable, etc. Once NIST identifies the lowest price technically acceptable quotation, no other higher price quotations will be evaluated. The Contracting Officer will make an award to the offeror based on the lowest price technically acceptable quotation, and no other higher price quotations will be evaluated.

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Dilution Refrigerator System per the attached Statement of Work/Specifications.

DELIVERY DATE: 04/22/2022

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

325 BROADWAY

BOULDER CO 80305-3328

FOB : Destination

1.00 EA

0002 Wiring A-C per the attached Statement of Work/

Specifications.

DELIVERY DATE: 04/22/2021

NATIONAL INST OF STDS AND TECHNOLOGY

325 BROADWAY

BOULDER CO 80305-3328

1.00 LS

0003 Packing, Shipping and Delivery per attached Statement of Work/Specifications.

NATIONAL INST OF STDS AND TECHNOLOGY

325 BROADWAY

BOULDER CO 80305-3328

0004 Installation and Commissioning to include Inspection and Acceptance, Warranty, Training, Maintenance and Repair per the attached Statement of Work/

NATIONAL INST OF STDS AND TECHNOLOGY

325 BROADWAY

BOULDER CO 80305-3328

0005 Travel per the attached Statement of Work/

NATIONAL INST OF STDS AND TECHNOLOGY

325 BROADWAY

BOULDER CO 80305-3328

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Table of Contents

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

52.202-1DEFINITIONS (JUN 2020)

52.203-3 GRATUITIES (APR 1984)

52.203-17CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER

RIGHTS (JUN 2020)

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

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

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

52.204-16COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

52.204-17OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020)

52.204-18COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

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

52.204-20PREDECESSOR OF OFFEROR (AUG 2020)

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

52.225-18 PLACE OF MANUFACTURE (AUG 2018)

52.232-15 PROGRESS PAYMENTS NOT INCLUDED (APR 1984)

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

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

1352.209-72 RESTRICTIONS AGAINST DISCLOSURE (APR 2010)

1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

1352.237-71 SECURITY PROCESSING REQUIREMENTS - LOW RISK CONTRACTS (APR 2010)

1352.237-73 FOREIGN NATIONAL VISITOR AND GUEST ACCESS TO DEPARTMENTAL RESOURCES (APR 2010)

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

52.212-3OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (FEB 2021)

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

ITEMS (JUL 2021)

52.225-6TRADE AGREEMENTS CERTIFICATE (FEB 2021)

52.225-4BUY AMERICAN--FREE TRADE AGREEMENTS--ISRAELI TRADE ACT CERTIFICATE (FEB 2021)

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

52.247-48 F.O.B. DESTINATION--EVIDENCE OF SHIPMENT (FEB 1999)

1352.201-72 CONTRACTING OFFICER`S REPRESENTATIVE (COR) (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-10DELIVERY INSTRUCTIONS

NIST LOCAL-39MARKING/PACKING INSTRUCTIONS

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

NIST LOCAL-54ELECTRONIC BILLING INSTRUCTIONS

Statement of Work/Specifications

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CLAUSES

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):

https://www.acquisition.gov/ https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/car

(End of Provision)

52.202-1 DEFINITIONS (JUN 2020)

(Reference 52.202-1)

52.203-3 GRATUITIES (APR 1984)

(Reference 52.203-3)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS (JUN 2020)

(Reference 52.203-17)

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

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 (AUG 2020)

(Reference 52.204-16)

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020)

(Reference 52.204-17)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

(Reference 52.204-18)

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

52.204-20 PREDECESSOR OF OFFEROR (AUG 2020)

(Reference 52.204-20)

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016) (Reference 52.204-21)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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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):

https://www.acquisition.gov https://www.acquisition.gov/ https://www.acquisition.gov/car

(End of Clause)

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

(Reference 52.212-4)

52.225-18 PLACE OF MANUFACTURE (AUG 2018)

(Reference 52.225-18)

52.232-15 PROGRESS PAYMENTS NOT INCLUDED (APR 1984)

(Reference 52.232-15)

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

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ATTACHMENT A – PM 2020-05

FAR DEVIATION TEXT

FOR CLASS DEVIATION

Procurement Memorandum 2020-05

FAR Baseline: FAC 2020-05 effective 03/30/2020

• Additions to baseline made by deviation are indicated by [bold text in brackets]

• Deletions to baseline made by deviation are indicated by strikethroughs

• Five asterisks (* * * * *) indicate that there are no revisions between the preceding and following parts or sections

• Three asterisks (* * *) indicate that there are no revisions between the material shown within a section and subsection or subsection

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEM [(DEVIATION APR

2020)]

(b) * * *

(60) [52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEVIATION APR 2020) (31 U.S.C. 3903 and 10 U.S.C. 2307).

(61)] 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

([62]6 1) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

([63]6 2)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

(ii) Alternate I (Apr 2003) of 52.247-64.

(iii) Alternate II (Feb 2006) of 52.247-64.

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS [(DEVIATION APR 2020)]

(a)[(1) In accordance with 31 U.S.C. 3903 and 10 U.S.C. 2307, u] Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract [in accordance with the accelerated payment date established], to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, [with a goal of 15 days] after receipt of a proper invoice and all other required documentation from the small business subcontractor [if a specific payment date is not established by contract.

(2) The Contractor agrees to make such payments to its small business subcontractors without any further consideration from or fees charged to the subcontractor].

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(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

(End of clause)

(c)(1) * * *

(xix) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors [(DEVIATION APR 2020)], if flow down is required in accordance with paragraph (c) of FAR clause 52.232-40.

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

1352.209-72 RESTRICTIONS AGAINST DISCLOSURE (APR 2010)

(Reference 1352.209-72)

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)

1352.237-71 SECURITY PROCESSING REQUIREMENTS - LOW RISK CONTRACTS (APR 2010)

(Reference 1352.237-71)

1352.237-73 FOREIGN NATIONAL VISITOR AND GUEST ACCESS TO DEPARTMENTAL RESOURCES (APR 2010) (Reference 1352.237-73)

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

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

TECHNICAL CAPABILITY

PRICE

___________________________________________ [Contracting Officer shall insert the significant evaluation factors, such as

(i) technical capability of the item offered to meet the Government requirement;

(ii) price;

(iii) past performance (see FAR 15.304);

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer`s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (FEB 2021)

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 (v)) of this provision.

(a) Definitions. As used in this provision-- "Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"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 14 OF 41 1333ND21QNB680375

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).

"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.

"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"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

PAGE 15 OF 41 1333ND21QNB680375

(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"--

(1) 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.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

"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

(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 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.

"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.

(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(s) applicable to the NAICS code(s) 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 (v) 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 will 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.

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(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 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 --

PAGE 17 OF 41 1333ND21QNB680375

(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) (i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

(iii) The terms "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) (A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product.

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "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."

| Line item No. | Country of origin | [List as necessary]

(iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act." The Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

PAGE 18 OF 41 1333ND21QNB680375

Other Foreign End Products:

| Line item No. | Country of origin | [List as necessary]

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

(2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Canadian End Products:

| Line item No. | [List as necessary]

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act":

Canadian or Israeli End Products:

| Line item No. | Country of origin | [List as necessary]

(4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, 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, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

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

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

PAGE 19 OF 41 1333ND21QNB680375

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product as defined in the clause of this solicitation entitled "Trade Agreements."

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products:

| Line item No. | Country of origin |

[List as necessary]

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals--

(1) [_] Are, [_] are not presently debarred, suspended, proposed for debarment, or…