FormSF1449.pdf
PDF 1 MB Posted
- Attached to
- Amendment to Solicitation for Vacuum Gauges Federal contract opportunity
- Solicitation number
- 1333ND25QNB030396
About this file
This is a Request for Quotation (RFQ) from the National Institute of Standards and Technology (NIST) for BL-4 Vacuum Gauges to support the CHIPS project at the Physical Measurement Laboratory's Sensor Science Division. The solicitation seeks five rough vacuum gauges (10-3 torr to 1 atm range), five cold cathode vacuum gauges (10-10 torr to 10-2 torr), and three vacuum gauge controllers, with specific technical requirements including UHV compatibility, ConFlat flange mounting, and 10 ft cables.
The procurement is set aside for Women-Owned Small Business (WOSB) and will be awarded using simplified acquisition procedures. Delivery is required within 12 weeks after receipt of order to NIST's Gaithersburg, MD facility, with a place of performance at the SURF III Facility. The evaluation will be based on the lowest-priced, technically acceptable quotation, with a 24-month warranty. Quotations are due by August 25, 2025, at 12:00 PM EST, to be submitted electronically via email to specified NIST contacts. The estimated contract value is not disclosed in the document.
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RFQ IFB RFP
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
1. REQUISITION NUMBER PAGE OF
2. CONTRACT NO. 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
DATE
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME b. TELEPHONE NUMBER (No collect calls)
8. OFFER DUE DATE/
LOCAL TIME
9. ISSUED BY
13b. RATING
14. METHOD OF SOLICITATION
CODE
15. DELIVER TO 16. ADMINISTERED BY CODE
18a. PAYMENT WILL BE MADE BY CODEFACILITY
CODE
CODE
TELEPHONE NO.
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
SEE ADDENDUM
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
29. AWARD OF CONTRACT: REF.
DATED . YOUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
OFFER
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
ARE ARE NOT ATTACHED
ARE ARE NOT ATTACHED
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
17a CONTRACTOR/
OFFEROR.
CODE
8 (A)
SIZE STANDARD:
NAICS:
% FOR:SET ASIDE:UNRESTRICTED OR
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SMALL BUSINESS
10. THIS ACQUISITION IS
EDWOSB
SMALL BUSINESS PROGRAM
NB305000-25-02471
1333ND25QNB030396
ELIZABETH TIMBERLAKE
ELIZABETH.TIMBERLAKE@NIST.GOV 301-975-6002
12:00 PM ET
000SB
NATIONAL INST OF STDS AND TECHNOLOGY
100 BUREAU DRIVE STOP 1640
BUILDING 301 ROOM B129
GAITHERSBURG MD 20899-1640 333242
See Schedule see continuation page for line item details.
See Schedule
AUG 25, 2025
Please
STANDARD FORM 1449 (REV. 2/2012) BACK
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
40. PAID BY
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
PARTIAL FINAL
37. CHECK NUMBER
38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER
36. PAYMENT
COMPLETE PARTIAL FINAL
1333ND25QNB030396
SCHEDULE Continued
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 Gauge system and controllers as defined in the
Statement of Work.
DELIVERY DATE: 12/19/2025
SHIP TO:
NATIONAL INST OF STDS AND TECHNOLOGY
100 BUREAU DRIVE STOP 1640
BUILDING 301 ROOM B129
GAITHERSBURG MD 20899-1640
FOB : Destination
1.00 EA
0002 Transportation and other related fees if applicable at time of delivery not to exceed.
DELIVERY DATE: 12/19/2025
SHIP TO:
NATIONAL INST OF STDS AND TECHNOLOGY
BUILDING 301 SHIPPING AND RECEIVING
100 BUREAU DRIVE
GAITHERSBURG MD 20899-0001
FOB : Destination
0.00 EA
PAGE 3 OF 32 1333ND25QNB030396
Table of Contents
Statement of Work
Deviations to FAR 52.212-3 and 52.212-5
Instructions to Offerors
Evaluation Criteria
52.204-7SYSTEM FOR AWARD MANAGEMENT (NOV 2024)
52.204-13SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)
52.204-16COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)
52.204-18COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)
52.204-19INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)
52.204-24REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT
(NOV 2021)
52.204-26COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT 2020)
52.204-29FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS--REPRESENTATION AND DISCLOSURES (DEC
2023)
52.204-30FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS--PROHIBITION (DEC 2023)
52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-REPRESENTATION (NOV 2015)... 23
52.212-1INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)
52.212-3OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY
2024)
52.212-4CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)
52.212-5CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES (JAN 2025)
52.225-2BUY AMERICAN CERTIFICATE (OCT 2022)
52.225-18PLACE OF MANUFACTURE (AUG 2018)
52.225-25PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING
TO IRAN--REPRESENTATION AND CERTIFICATIONS (JUN 2020)
52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)
52.247-35 F.O.B. DESTINATION, WITHIN CONSIGNEE`s PREMISES (APR 1984)
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
1352.201-70 CONTRACTING OFFICER?s AUTHORITY (APR 2010)
1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)
1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)
1352.233-70 AGENCY PROTESTS (APR 2010)
1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)
1352.246-70 PLACE OF ACCEPTANCE (APR 2010)
NIST LOCAL-53CONTRACT PERFORMANCE DURING CHANGES IN NIST OPERATING STATUS
NIST LOCAL-54ELECTRONIC BILLING INSTRUCTIONS
NIST LOCAL-56INVOICING PROCESSING PLATFORM-ALTERNATE I (DEC 2022)
PAGE 4 OF 32 1333ND25QNB030396
CLAUSES
Statement of Work
PAGE 5 OF 32 1333ND25QNB030396
STATEMENT OF WORK
Title: BL-4 Vacuum Gauges Lab: PML
I. BACKGROUND INFORMATION
The semiconductor supply chain is global, specialized, and interconnected. Chipmakers do business with thousands of individual suppliers that provide the highly complex materials and tools used to produce semiconductors. To address the lack of full visibility into the semiconductors markets supply chain and R&D ecosystem gaps the National Institute of Standards & Technology, Physical Measurement Laboratory, Sensor Science Division, Optical Radiation Group, will conduct the measurement science, or metrology, critical to the development of new materials, packaging, and production methods in chip manufacturing.
Our CHIPS project will construct a new synchrotron beamline at SURF III for a dedicated radiometry and detector calibration facility. Calibrations performed here will support the power measurement needs of the semiconductor industry throughout the ecosystem of tools.
The new facility is designed in several vacuum sections, and the pressure in each vacuum section must be continuously monitored to maintain the vacuum interlocks and enable operation of the beamline. In the event of an unexpected pressure rise, an automatic interlock system will close beamline valves to protect both the beamline and the SURF III accelerator. Additionally, measurement of the vacuum pressure is required during vent and pump down procedures to monitor the process.
Without these vacuum gauges, the beamline will not function as required and a significant deliverable of CHIPS project will be jeopardized.
II. PURPOSE
Knowledge of the pressure in a vacuum system is vital to safely operating the vacuum system. During venting and pump down operations, vacuum gauges are the only way the technical staff has to monitor the progress of the operation. SURF III, like all synchrotron radiation facilities, has strict requirements on the vacuum pressure before allowing the beamline to open to the accelerator vacuum chamber and letting light into the beamline. During operation, continuous pressure monitoring is required to enable the interlocks on the beamline valves and keep the beamline valves open. Any rise in the pressure will immediately cause the automatic interlock system to close the beamline valves and stop any measurements in progress.
Another vital application of these gauges is monitoring the pressure in a roughing system used to vent and pump out another vacuum chamber, e.g. the beamline sections. During these operations, the roughing system effectively becomes part of the beamline, and the considerations described above apply. Knowledge of the vacuum pressure in the rouging system is just as important as that in the beamline.
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III. MINIMUM REQUIREMENTS
The Contractor shall provide a system that meets all technical specifications identified below. All items must be new. Used or remanufactured equipment will not be considered for award. Experimental, prototype, or custom items will not be considered.
The use of “gray market” components are not acceptable. All line items shall be shipped in the original manufacturer’s packaging and include all original documentation and software, when applicable.
Line Item 0001: Rough vacuum gauge Description: Vacuum gauge for 10-3 torr to 1 atm range; MKS P/N 275238 or equivalent Quantity: 5
A. Technical Specifications
a. Capable of measuring pressure from 10-3 torr or less to 1 atmosphere or greater
b. Mounted on DN40 (2.75 inch) ConFlat flange
c. Surfaces exposed to the vacuum must be UHV compatible (e.g. gold, 300 series stainless steel, etc.
d. Compatible with the controller on line item 3
e. 10 ft cable to controller
Line Item 0002: Cold cathode vacuum gauge Description: Cold cathode gauge for 10-10 torr to 10-2 torr; MKS P/N 104230002 or equivalent Quantity: 5
A. Technical Specifications
a. Capable of measuring pressure from 10-10 torr or less to 10-2 torr or greater
b. No light emission during operation
c. Mounted on DN40 (2.75 inch) ConFlat flange
d. Compatible with the controller on line item 3
e. 10 ft cable to controller
Line Item 0003: Vacuum gauge controller Description: Vacuum gauge controller for line items 1 and 2; MKS P/N 937B-US-
NANANA-NA
Quantity: 3
A. Technical Specifications
a. Compatible with the vacuum gauges on line items 1 and 2
b. Configured for 2 cold cathode gauges and 2 rough vacuum gauges
c. US 110 VAC power cable
IV. SCHEDULE OF DELIVERABLES
Define all deliverables and indicate (1) the quantity desired; (2) the format in which each deliverable is to be supplied; (3) the delivery date (based on the number of weeks/days); (4) the place of delivery. The context of each deliverable shall be clear.
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Deliverable
Number Description Quantity Due Date
Place of Delivery
1 Rough vacuum gauge
5 No later than 12 weeks after receipt of order.
NIST (Gaithersburg)
2 Cold cathode vacuum gauge
5 No later than 12 weeks after receipt of order.
NIST (Gaithersburg)
3 Vacuum gauge controller
3 No later than 12 weeks after receipt of order.
NIST (Gaithersburg)
Standards of Acceptance: The NIST TPOC or COR shall review all the above deliverables and respond with an acceptance or request for revision email to the Contractor Point of Contact (POC) within 30 days of receipt of deliverable. This section applies to deliverables which must be reviewed and approved for acceptances (e.g., draft plans, drawings, etc.)
PLACE OF PERFORMANCE
NIST
SURF III Facility Building 245 100 Bureau Drive Gaithersburg, MD 20899
PERIOD OF PERFORMANCE
12 weeks ARO
V. DELIVERY TERMS
Delivery shall be F.O.B Destination (or equivalent incoterms, such as DDP) and shall occur in accordance with the delivery due dates provided in the below table.
FOB Destination means: The contractor shall pack and mark the shipment in conformance with carrier requirements, deliver the shipment in good order and condition to the point of delivery specified in the purchase order, be responsible for any loss of and/or damage to the goods occurring before receipt and acceptance of the shipment by the consignee at the delivery point specified in the purchase order; and pay all charges to the specified point of delivery.
The contractor shall deliver all Line Items to:
National Institute of Standards and Technology
PAGE 8 OF 32 1333ND25QNB030396
4 | P a g e
Shipping and Receiving
100 Bureau Drive, Building 301
Gaithersburg, MD 20899
ATTN: TBD
VI. INSPECTION & ACCEPTANCE
In addition to the inspection and acceptance terms articulated in the specific FAR clause that allows the Government reserves the right to perform such performance tests and evaluations as defined below to verify specified system performance. Such tests and evaluations, if performed, shall be conducted within the environment that the system is to be operated. The Contractor has the right to be present during the tests and evaluations, if performed, at the Contractor’s expense.
Performance Tests:
1. N/A
NIST may choose at its discretion to forego this part of acceptance testing.
A visual inspection of the equipment will be performed by the NIST POC to identify surface defects or any form of indication that any equipment was damaged during transport to NIST. The Government shall have sole discretion to require repair or replacement of damaged and/or nonconforming supplies at no cost to the Government. The Government at any time prior to acceptance shall reject the equipment due to defects and/or nonconformance. The vendor is responsible for latent defects discovered any time after final inspection. However, the extent of its liability shall be prorated over the useful life of the equipment.
Ownership of the equipment shall transfer to NIST upon acceptance by the Government.
The Government will test, inspect, and accept or reject the equipment within 14 days of the receipt of the equipment unless otherwise indicated above. The Government reserves the right to conduct quality assurance testing to confirm that a given instrument(s) meets the manufacturer’s and/or the Government’s performance specifications. It is anticipated that the equipment will meet all manufacturer’s specifications and/or the Government’s performance specifications identified in the most recent operations and maintenance manual for each piece of equipment and/or in this document.
VII. WARRANTY
24 months
VIII. PAYMENT SCHEDULE
Define how the contractor will be paid if more information besides what is included in the payment clause is needed. If firm-fixed-price construction, for example, it may warrant further definition.
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The Contractor will be paid, in accordance with the payments clause in the contract and as otherwise noted in this document, upon receipt of a proper invoice.
1. 100% after installation and acceptance by the POC of fully installed system, AND
2. After the successful completion of the testing requirements set forth in this document under section set forth in this document, AND
3. After successful demonstration by the instrumentation that it performs in accordance with the requirements set forth in this document.
NOTE: Partial shipments and partial invoices will not be accepted, unless otherwise requested and accepted by the Contracting Officer prior to award offer.
Proposed payment schedules shall be submitted with vendor’s response to the
RFQ for consideration.
IX. CYBERSECURITY PRIVACY REQUIREMENTS
NIST seeks a solution that provides security and privacy protection consistent with requirements defined by applicable federal laws, regulations, policies, and standards
(e.g., the Federal Information Security Management Act (FISMA), OMB Circular A-130, and FIPS Publication 200). The solution provider (including subcontractors) may meet these requirements through various means, including but not limited to FedRAMP authorization, current third-party assessments (e.g., SSAE, PCI), and/or responses to
NIST special publication control set SP 800-171.
Minimally Acceptable Controls
• System security plan describing physical, technical, and administrative controls implemented to protect systems and sensitive personally identifiable information
(SPII).
• IT management processes to establish and manage secure configuration baselines including routine patching for all operating systems and applications.
• Access to SPII is restricted to those with a need to know. Personnel with access to SPII have background investigations performed (e.g. criminal, financial etc.), and are trained on secure handling of SPII.
• Access Controls for SPII meet or exceed industry best practices for access and identification control including, but not limited to, connectivity to servers and databases, multi-factor authentication for remote accesses for administration, secure configurations for any devices accessing the system, and strong physical security for any place where the data is accessed.
• The solution supports multifactor authentication for users and/or supports integration with customer federation services for Single-Sign capability.
• Processes for scanning on a continual basis for vulnerabilities and proper configurations for all aspects of the system, as well as processes for timely mitigation of findings.
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• Auditing and Incident Response processes including customer notification of suspected or actual incidents and logging with sufficient information to perform forensics on any incident. Processes for notifying and providing appropriate mitigations, including but not limited to credit monitoring services, for subsidy applicants in the event of suspected or actual incidents.
• SPII is encrypted in transit using TLS 1.2 or better and encrypted at rest in all places the SPII is stored. All encryption algorithms and modules are FIPS 140- 2/140-3 validated.
If unable to meet any of the requirements listed above, the solution provider may provide details of mitigations or alternative protections in place to ensure the appropriate handling and protection of SPII.
If the solution provider provides services to other Federal agencies, provide a general description of the security risk management approach and client point of contact.
This section is not applicable.
Deviations to FAR 52.212-3 and 52.212-5
PAGE 11 OF 32 1333ND25QNB030396
Deviations to FAR 52.212-3 and 52.212-5
NOTE: System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations.
Examples include:
52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals— Representation, 2.222-25, Affirmative Action Compliance, and 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services - paragraph (d) Contracting officers shall not consider or use these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.
52.212-3 Offeror Representations and Certifications—Commercial Products and
Commercial Services.
As prescribed in 12.301(b)(2), insert the following provision:
Offeror Representations and Certifications—Commercial Products and Commercial
Services (MAY 2024) (DEVIATION FEB 2025)
(d) [Reserved]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 12 OF 32 1333ND25QNB030396
(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.
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive
Orders—Commercial Products and Commercial Services.
As prescribed in 12.301(b)(4), insert the following clause:
Contract Terms and Conditions Required To Implement Statutes or Executive Orders—
Commercial Products and Commercial Services (JAN 2025)(DEVIATION FEB 2025)
(b) * * *
__(33) [Reserved] 52.222-21, Prohibition of Segregated Facilities (APR 2015).
__(34) [Reserved] (i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).
__(ii) Alternate I (FEB 1999) of 52.222-26.
(e)(1) * * *
(ix) [Reserved]52.222-21, Prohibition of Segregated Facilities (APR 2015).
PAGE 13 OF 32 1333ND25QNB030396
(x) [Reserved]52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).
Alternate II (JAN 2025) (DEVIATION FEB 2025). * * *
(e)(1) * * *
(ii) * * *
(I) [Reserved] 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(J) [Reserved] 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).
Instructions to Offerors
PAGE 14 OF 32 1333ND25QNB030396
FAR 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS
INSTRUCTIONS
Addendum to FAR 52.212-1, Quotation Preparation Instructions
System for Award Management (SAM) Registration
In accordance with FAR 52.204-7, the awardee must be registered in the System for Award Management (www.sam.gov) prior to award. Refusal to register shall forfeit award.
Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services (NOV 2023) (DEVIATION FEB 2025) 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.
DUE DATE FOR QUOTATIONS
Offerors shall submit their electronic quotations, via email, so that NIST receives them not later than August 25,2025 @ 12pm EST. E-mail quotations shall be submitted directly to the Contract Specialist at Elizabeth.timberlake@nist.gov and the Contracting Officer at forest.crumpler@nist.gov
Please reference the RFQ number in the subject line of email communications. Offerors quotations shall not be deemed received by the Government until the quotation is entered in the e-mail inbox set forth above.
Quotations:
Technical Quotation (Vol. I) Price Quotation (Vol. II), Terms and Conditions (Vol. III)
Incomplete quotations may be considered non-responsive and removed from further consideration. Quotations shall be clearly and concisely written as well as being neat, indexed (cross-indexed as appropriate) and logically assembled. All pages of each part shall be appropriately numbered and identified with the name of the offeror, the date, and the solicitation number.
Volume I - Technical Quotation:
The offeror shall submit an electronic technical quotation, via email. The technical quotation shall address the following:
Minimum Requirements:
PAGE 15 OF 32 1333ND25QNB030396
The offeror must submit a technical description or product literature for the product it is proposing, which clearly identifies the manufacturer, and clearly demonstrates its proposed product meets or exceeds each minimum requirement described in the required specifications, by providing a citation to the relevant section of its technical description or product literature and if applicable, evidence that the Offeror is authorized by the original product manufacturer to provide the item(s) in the quotation shall be included.
The offeror must not simply state they will meet or exceed the requirement; evidence must be provided.
Volume II - Price Quotation:
The offeror shall submit an electronic copy of the completed price quotation. The price quotation shall be separate from any other portion of the quotation. The offeror shall propose a separate firm-fixed-price, FOB Destination, for each CLIN. Price quotations shall remain valid for a period of 90 days from the date quotations are due. Contractor shall state express warranty coverage (if applicable).
Offerors/quoters that are proposing products manufactured outside of the United States must identify any other or unknown charges that may be applicable to the sale of these products (here indicated as CLIN 0002) as a separate line item on price quotes/proposals. This price element may be listed as part of the cost of the product or as a sub-total element but must be clearly identified. This price element must only apply to the total value of the goods identified for customs processing. Only include the country of origin and the tariff percentage currently in place or the expected amount at time of delivery for that country. Price quotes shall clearly identify the relevant tariffs in terms of percentage and total cost. If there are multiple countries of origins and associated tariffs, identify each separately.
Volume III – Terms and Conditions Provisions
Offerors shall provide a completed copy of all provisions listed below:
1. 52.204-17, Ownership or Control of Offeror (Aug 2020)
2. 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
3. 52.204-26, Covered Telecommunications Equipment or Services - Representation (Oct 2020)
4. 52.209-2, Prohibition on Contracting With Inverted Domestic Corporations-Representation
(Nov 2015)
Acceptance of Terms and Conditions (Addendum to FAR 52.212-1(b) (11)):
If the contractor objects to any of the terms and conditions contained in this solicitation, the contractor shall state “The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:” [Contractor shall list exception(s) and rationale for the exception(s)]. It is the sole responsibility of the contractor to identify in their quotation any exceptions to the terms and conditions of the
PAGE 16 OF 32 1333ND25QNB030396
solicitation. If the contractor does not include such a statement, the submission of a quotation in response to this solicitation will be regarded as the Contractor’s acceptance of the Government’s terms and conditions for inclusion into the resultant purchase order.
Note: This procurement is not being conducted under the GSA Federal Supply Schedule (FSS) program or another Government-Wide Area Contract (GWAC). If an Offeror submits a quotation based upon an FSS or GWAC contract, the Government will accept the proposed price. However, the terms and conditions stated herein will be included in any resultant purchase order, not the terms and conditions of the Offeror’s FSS or GWAC contract, and the statement required above shall be included in the quotation.
NAICS Code If the Offeror’s representations and certifications do not reflect the NAICS code governing this solicitation, Offerors must submit documentation that they are a small business under the NAICS code governing this solicitation.
(End of provision)
Evaluation Criteria
PAGE 17 OF 32 1333ND25QNB030396
EVALUATION CRITERIA
The Government intends to award a single purchase order (PO) from this solicitation utilizing simplified acquisitions procedures in accordance with FAR part 13. The Government reserves the right not to award a PO and to make an award without discussions based solely upon initial quotes.
Evaluation Factors
The Government will issue an order resulting from this request for quotation to the responsible offeror whose quotation results in the lowest priced, technically acceptable quotation.
An Offeror's failure to address any factor may be considered indicative of the Offeror's lack of understanding of the Government's requirements and may result in the offer being determined unacceptable.
Technical Capability: No prototypes, demonstration models, used or refurbished instruments will be considered. Evaluation of technical capability shall be based on the information provided in the quotation. NIST will evaluate whether the offeror has demonstrated that its proposed equipment meets or exceeds all minimum requirements. Quotations that do not demonstrate the proposed equipment meets all requirements will not be considered further for award. If an offerors technical description and/or product literature does not indicate whether its proposed equipment meets a certain minimum requirement, NIST will determine that it does not meet the requirements.
Price: The proposed price will be evaluated. The evaluation will determine whether the proposed prices are reasonable in relation to the solicitation requirements. Prices must be entirely compatible with the technical portion of the quotation.
52.204-7 SYSTEM FOR AWARD MANAGEMENT (NOV 2024)
(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)
52.204-18 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)
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR
EQUIPMENT (NOV 2021)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision- Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."
(d) Representations. The Offeror represents that--
(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at
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paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section;
and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that-- It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable);
or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable);
or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(End Of Provision)
52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT 2020)
(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry'' have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".
(c) Representations. (1) The Offeror represents that it [ ] does, [ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ] does, [ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.
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52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS--REPRESENTATION AND DISCLOSURES (DEC 2023)
(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition.
(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition.
(c) Procedures. (1) The Offeror shall search for the phrase "FASCSA order" in the System for Award Management (SAM)(https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition.
(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).
(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.
(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).
(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:
(1) Name of the product or service provided to the Government;
(2) Name of the covered article or source subject to a FASCSA order;
(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;
(4) Brand;
(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);
(6) Item description;
(7) Reason why the applicable covered article or the product or service is being provided or used;
(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.
52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS--PROHIBITION (DEC 2023)
(a) Definitions. As used in this clause-- Covered article, as defined in 41 U.S.C. 4713(k), means--
(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;
(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);
(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or
(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.
FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201-1.303(d) and (e):
(1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.
(2) The Secretary of Defense may issue FASCSA orders applicable to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.
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(3) The Director of National Intelligence (DNI) may issue FASCSA orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.
Intelligence community, as defined by 50 U.S.C. 3003(4), means the following--
(1) The Office of the Director of National Intelligence;
(2) The Central Intelligence Agency;
(3) The National Security Agency;
(4) The Defense Intelligence Agency;
(5) The National Geospatial-Intelligence Agency;
(6) The National Reconnaissance Office;
(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;
(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;
(9) The Bureau of Intelligence and Research of the Department of State;
(10) The Office of Intelligence and Analysis of the Department of the Treasury;
(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or
(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.
National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency--
(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces;
involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or
(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.
Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of any covered articles, or any products or services produced or provided by a source. This applies when the covered article or the source is subject to an applicable FASCSA order.
A reasonable inquiry excludes the need to include an internal or third-party audit.
Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.
Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.
Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.
(b) Prohibition.
(1) Unless an applicable waiver has been issued by the issuing official, Contractors shall not provide or use as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA orders as follows:
(i) For solicitations and contracts awarded by a Department of Defense contracting office, DoD FASCSA orders apply.
(ii) For all other solicitations and contracts DHS FASCSA orders apply.
(2) The Contractor shall search for the phrase ''FASCSA order'' in the System for Award Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders identified in paragraph (b)(1).
(3) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the solicitation and resultant contract.
(4) A FASCSA order issued after the date of solicitation applies to this contract only if added by an amendment to the solicitation or modification to the contract (see FAR 4.2304(c)). However, see paragraph (c) of this clause.
(5)(i) If the contractor wishes to ask for a waiver of the requirements of a new FASCSA order being applied through modification, then the Contractor shall disclose the following:
(A) Name of the product or service provided to the Government;
(B) Name of the covered article or source subject to a FASCSA order;
(C) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied or supplies the covered article or the product or service to the Offeror;
(D) Brand;
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(E) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);
(F) Item description;
(G) Reason why the applicable covered article or the product or service is being provided or used;
(ii) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (b)(5)(i) to determine if any waiver is warranted. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise covered by a FASCSA order and to instead pursue other appropriate action.
(c) Notice and reporting requirement.
(1) During contract performance, the Contractor shall review SAM.gov at least once every three months, or as advised by the Contracting Officer, to check for covered articles subject to FASCSA order(s), or for products or services produced by a source subject to FASCSA order(s) not currently identified under paragraph (b) of this clause.
(2) If the Contractor identifies a…
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