1333ND26QNB030554_Amendment 0001.pdf
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- Attached to
- Isotropic Polycrystal Platinum (Pt) Cylinders Federal contract opportunity
- Solicitation number
- 1333ND26QNB030554
About this file
This is Amendment 0001 to a federal solicitation for isotropic polycrystal platinum cylinders, issued by the National Institute of Standards and Technology (NIST). The amendment extends the offer receipt deadline and provides responses to seven vendor questions regarding technical specifications and pricing evaluation methodology.
NIST seeks to procure platinum cylinders in three size configurations: 3 mm diameter × 3.42 mm height, 1.0 mm diameter × 1.0 mm height, and 0.3 mm diameter × 0.3 mm height. The minimum quantity for each base line item is 100 cylinders from a single production lot, with optional quantities ranging from 101 to 1,000 cylinders per size. All cylinders must meet stringent specifications including 99.99% purity, polycrystalline isotropic structure with no voids, small grain size, minimal dimensional uncertainty, polished surfaces, and accompanying certification documentation detailing composition, lot identification, processing history, grain size, dimensional inspection results, and isotropy test results. For evaluation of optional line items, NIST will use 1,000 cylinders as the evaluation quantity, requiring offerors to provide unit pricing per cylinder. The solicitation emphasizes best-value selection based on technical acceptability (pass/fail) and price, with dimensional tolerances, surface polish, and grain size all considered during evaluation rather than specified with hard limits. Delivery is required within six months of order receipt to NIST in Gaithersburg, Maryland, on an FOB Destination basis. Quote expiration must be valid for a minimum of 90 calendar days, with submission required by September 9, 2026, at 10:00 AM ET via email to Jennifer.lohmeier@nist.gov. The amendment also confirms that certificates must include processing methods and, where reasonably available, X-ray diffraction patterns or SEM/TEM images demonstrating material texture and isotropy.
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Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:
(a) By completing items 8 and 15, and returning or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
E. IMPORTANT: Contractor is not is required to sign this document and return copies to the issuing office.
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE
2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)
7. ADMINISTERED BY (If other than Item 6) CODE
STANDARD FORM 30 (REV. 11/2016)
Prescribed by GSA FAR (48 CFR) 53.243
FACILITY CODE
9A. AMENDMENT OF SOLICITATION NUMBER
9B. DATED (SEE ITEM 11)
10A. MODIFICATION OF CONTRACT/ORDER NUMBER
10B. DATED (SEE ITEM 13)
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.
12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.
CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NUMBER
IN ITEM 10A.
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D. OTHER (Specify type of modification and authority)
Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.
15C. DATE SIGNED
15A. NAME AND TITLE OF SIGNER (Type or print)
16C. DATE SIGNED
16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
PAGE OF PAGES
6. ISSUED BY CODE
8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X)
CODE
15B. CONTRACTOR/OFFEROR
(Signature of person authorized to sign)
16B. UNITED STATES OF AMERICA
(Signature of Contracting Officer)
Previous edition unusable
Attachment Page
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Amendment 0001
This Solicitation is hereby amended to provide responses to questions received as follows:
Question 1:
The pricing schedule lists each base CLIN as a quantity of “1 LO,” while the Statement of Work requires a minimum of 100 cylinders. Please confirm that one base lot consists of 100 cylinders.
Response to Question 1:
Correct. 1 LO = 100 cylinders.
Question 2:
The optional CLINs are also listed as “1 LO,” but the Statement of Work permits additional quantities ranging from 1 to 1,000 cylinders. Please confirm the quantity NIST will use to evaluate the optional CLINs and whether offerors should provide a unit price, lot price, or quantity-based pricing tiers.
Response to Question 2:
The quantity NIST will use to evaluate each optional CLIN is 1,000. Offerors shall provide a price per cylinder. For purposes of completing the SF-1449, please indicate the total price as 1
LO.
Question 3:
Please provide the maximum acceptable dimensional tolerances for the diameter and height of each cylinder size.
Response to Question 3:
NIST seeks the smallest practicable variation in dimensions. Dimensional uncertainty or tolerance will be considered as part of the best-value determination.
Question 4:
Please specify the required surface-polish standard or maximum allowable surface roughness, such as Ra.
Response to Question 4:
NIST seeks the smoothest practicable surface. Surface polish will be considered as part of the best-value determination.
Question 5:
Please provide the acceptable or preferred grain-size range and the required method for measuring and reporting grain size.
Response to Question 5:
Attachment Page
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Amendment 0001
NIST seeks a grain size sufficiently small for the material to exhibit polycrystalline characteristics. Grain-size range will be considered as part of the best-value determination.
Question 6:
What test method and supporting documentation are required to demonstrate that the platinum material is isotropic?
Response to Question 6:
Processing information is required. Where reasonably available, offerors should also provide X-ray diffraction patterns with directional axes identified (2D polar plots are acceptable) and/or SEM/TEM images of representative cylinders and/or other methods that demonstrate texture.
Question 7:
Please confirm whether the certificate accompanying each lot must include the chemical assay, lot identification, processing or annealing history, grain-size data, dimensional inspection results, and isotropy test results.
Response to Question 7:
Confirmed.
As a result of the Q&As, Attachment A – Statement of Work (SOW) and Attachment B – Clauses and Instructions to Offerors are hereby revised.
Table of Contents
Attachment A - Statement of Work (SOW)_Revised
Attachment B - Clauses and Instructions to Offeror
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CLAUSES
Attachment A - Statement of Work (SOW)_Revised
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STATEMENT OF WORK (Revised August 31, 2026) Title: Isotropic polycrystal platinum (Pt) cylinders
I. BACKGROUND INFORMATION
The National Institute for Standards and Technology’s (NIST) Materials Science and Engineering Division (MSED) within the Material Measurement Laboratory (MML) is involved in the development of standard reference materials (SRMs) for magnetic moment – a critical standard for measuring magnetic materials for next generation memory and computing. The SRMs are certified using the NIST-built Absolute Magnetometer, a unique custom instrument.
Isotropic polycrystal platinum (Pt) cylinders are one of the materials that will be certified as SRMs. These magnetic SRMs can be used by other government agencies (i.e. FDA, EPA in regulations), industry, and academia to calibrate their instrumentation to make quantitative and comparable measurements for faster development of new technologies (i.e., next generation magnetic memory and computing, as well as other fields including medical imaging and diagnostics and non-destructive evaluation of materials for real-time monitoring of infrastructure).
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 NIST will conduct measurement science, or metrology, critical to the development of new materials, packaging, and production methods in chip manufacturing.
II. PURPOSE
The purpose of this requirement is to procure multiple Pt cylinders with diameter/height combinations of 3 mm/3.42 mm, 1.0 mm/1.0 mm, and 0.3 mm/0.3 mm.
III. MINIMUM REQUIREMENTS
The Contractor shall provide Pt cylinders that meets all technical specifications identified below.
All items must be new. Used or remanufactured materials will not be considered for award.
Certificates confirming the material (composition, purity, lot number, grain size range, diameter and its uncertainty, height and its uncertainty, surface polish, and test report on crystallinity) shall be included with the shipment. Test report on crystallinity shall include processing methods. If reasonable, test report on crystallinity should include either or both X-ray diffraction patterns (e.g., 2D polar plots with axes indicated) and/or electron micrographs and/or other method(s) that demonstrate texture on representative samples.
Line Item 0001 Description: 3 mm diameter 3.42 mm tall Pt cylinders (minimum quantity = 100)
A. Technical Specifications
a. Composition: platinum
b. Purity: at least 99.99%
c. Crystallinity: polycrystalline, isotropic with no voids (please state processing methods, e.g., annealed after cold-working)
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d. Grain size: range to be provided
e. Diameter: 3.0 mm (please state uncertainty)
f. Height: 3.42 mm (please state uncertainty)
g. Surface: polished (please state specification)
h. All cylinders shall be from a single batch or lot.
Line Item 0002:
Description: 1.0 mm diameter 1.0 mm tall Pt cylinders (minimum quantity = 100) Technical Specifications
c. Crystallinity: polycrystalline, isotropic with no voids (please state processing methods, e.g., annealed after cold-working)
d. Grain size: range to be provided
e. Diameter: 1.0 mm (please state uncertainty)
f. Height: 1.0 mm (please state uncertainty)
Line Item 0003:
Description: 0.3 mm diameter 0.3 mm tall Pt cylinders (minimum quantity = 100) Technical Specifications
c. Crystallinity: polycrystalline, isotropic with no voids (please state processing methods, e.g., annealed after cold-working)
d. Grain size: range to be provided
e. Diameter: 0.3 mm (please state uncertainty)
f. Height: 0.3 mm (please state uncertainty)
The following line items are optional CLINs. The Government may exercise each optional CLIN no more than one time, and only at the time of award. The Government’s decision to exercise any optional CLIN will be based on the offered purity, crystallinity, grain size, dimensional uncertainty, degree of polish, and availability of funds. The Government may exercise any, all, or none of the optional CLINs.
Optional Line Item 1001
Additional 3 mm/3.42 mm Pt cylinders (quantity 101-1000)
Optional Line Item 1002
Additional 1.0 mm/1.0 mm Pt cylinders (quantity 101-1000)
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Optional Line Item 1003 Additional 0.3 mm/0.3 mm Pt cylinders (quantity 101-1000)
IV. SCHEDULE OF DELIVERABLES
Item Number Description Quantity Due Date
Place of Delivery
1 3 mm/3.42 mm Pt cylinders 100- 11001000
No later than 6 months after receipt of order.
NIST Gaithersburg
2 1 mm/1 mm Pt cylinders 100- 11001000
No later than 6 months after receipt of order.
NIST Gaithersburg
3 0.3 mm/0.3 mm Pt cylinders
100- 11001000
No later than 6 months after receipt of order.
NIST Gaithersburg
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 table above.
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 Shipping and Receiving 100 Bureau Drive, Building 301 Gaithersburg, MD 20899 C/O: TBD Bldg. 223/B144
VI. INSPECTION & ACCEPTANCE
In addition to the inspection and acceptance terms articulated in the specific FAR clause the Government reserves the right to perform such performance tests and evaluations to verify specified 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. NIST may choose at its discretion to forgo 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 replacement of damaged and/or
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nonconforming supplies at no cost to the Government. The Government at any time prior to acceptance shall reject the materials due to defects and/or nonconformance.
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 4 weeks of receipt of the equipment unless otherwise indicated above. The Government reserves the right to conduct quality assurance testing to confirm that a given material meets the manufacturer’s certificate and/or the Government’s performance specifications.
VII. PAYMENT SCHEDULE
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 and after successful demonstration by the instrumentation that it performs in accordance with the requirements set forth in this document.
Attachment B - Clauses and Instructions to Offeror
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Attachment B - Clauses, Instructions to Offerors, and Evaluation Criteria
The full text of Revolutionary FAR Overhaul (RFO) provisions or clauses may be accessed electronically at https://www.acquisition.gov/far-overhaul.
FAR 52.212-1 - Instructions to Offerors - Commercial Products and Commercial Services (Deviation January 2026), applies to this acquisition. See Addendum to FAR 52.212-1 below.
The quotation shall be submitted electronically via email and shall consist of one volume as detailed below. Each quotation volume shall include the Offeror’s name, UEI number, and point of contact information in a cover page, header/footer, or other easily identified location.
I. Questions
INQUIRIES
Offerors must submit all questions concerning this solicitation in writing electronically to Jennifer Lohmeier at Jennifer.lohmeier@nist.gov. Questions must be received by or before August 27September 3, 2026 at 10:00AM ET. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract.
II. General
The Government intends to evaluate quotations and make award without discussions but reserves the right to seek clarifications or conduct exchanges if determined necessary. In doing so, the Contracting Officer might not necessarily inform offerors of problems with their quotations or areas where their quotations do not meet RFQ requirements. Nor shall the fact that the Contracting Officer has sought such additional information from one (or more) offerors obligate the Government to have similar communications or any communications whatsoever with any other offerors. Furthermore, the Contracting Officer might decide NOT to request additional information or clarifications of the offerors. Therefore, an offeror’s quote, as submitted, must be complete and in compliance with the RFQ requirements.
This procurement is conducted under RFO Part 12 procedures.
The Government intends to make award as a result of this solicitation that will include the terms and conditions as set forth herein. To facilitate an award, quotes shall include a statement regarding the terms and conditions as set forth herein as follows:
a) The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition.
OR
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b) 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:
Definitions:
1. Time: If stated as a number of days, the days are calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and Federal legal holidays.
However, if the last day falls on a Saturday, Sunday, or Federal legal holiday, then the period shall include the next working day.
2. Options: A unilateral right in a contract by which, for a specified time, the Government may elect to purchase additional supplies or services called for by the contract or may elect to extend the term of the contract. All options will be specifically called out as such in the Statement of Work (SOW), if applicable.
3. Quote expiration date: Quotes in response to this solicitation shall be valid for a minimum of 90 calendar days.
III. Electronic Submission
Quotes must be submitted and received via email to Jennifer Lohmeier at Jennifer.lohmeier@nist.gov by 10AM ET, September 39, 2026 in order to be considered.
Failure to submit a complete quote prior to the solicitation closing date and time will render the quote late and unacceptable. To be considered for award, the Offeror must be an “active” registrant in the U.S. System for Award Management (SAM) at time of solicitation close.
Offerors are responsible for confirming receipt of quotes. Confirmation request email shall be directed to: Jennifer Lohmeier, Contract Specialist: Jennifer.lohmeier@nist.gov
IV. Amendments to Solicitations
If this solicitation is amended, all terms and conditions that are not amended remain unchanged.
Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).
V. Submission, Modification, Revision, and Withdrawal of Quotes
1. Quotes and revisions of quotes shall be submitted by email to Jennifer.lohmeier@nist.gov under the appropriate solicitation number.
2. Offerors shall submit quotes in response to this solicitation in English and in U.S. dollars.
3. Quotes may be withdrawn at any time before Contract award. Withdrawals are effective upon receipt of notice by the Contracting Officer.
4. Offerors shall notify the Contracting Officer of the expiration of a special discount two weeks prior to the discount expiration.
VI. Quote Format and Content
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The quotation shall be submitted as a single electronic document in Adobe PDF or Microsoft Word format and shall include the following sections:
1. Technical Quote The technical quote shall clearly demonstrate the quoter's ability to meet or exceed all requirements of the Statement of Work (SOW). At a minimum, the technical quote shall include:
1. Technical Acceptability
The Quoter shall submit a technical quote that provides sufficient information to demonstrate that the proposed cylinders meet or exceed all requirements of the Statement of Work (SOW).
The technical quote shall address the characteristics identified below in sufficient detail to permit the Government to determine technical acceptability and assess the relative value of the proposed cylinders.
At a minimum, the technical quote shall describe the proposed cylinders with respect to the following:
The Offeror shall:
Processing conditions. Describe the processing conditions used in manufacturing the cylinders, including processes that may introduce crystallographic texture (e.g., drawing) and any subsequent processes used to reduce or eliminate such texture (e.g., annealing).
Processing conditions that minimize or eliminate crystallographic texture are preferred.
Crystallographic Orientation. Describe the crystallographic orientation of the material.
Cylinders exhibiting isotropic, randomly oriented crystal grains are preferred over cylinders having correlated or preferential crystal orientations.
Voids. Identify whether any voids are present in the cylinders. Cylinders shall be free of voids is preferred.
Grain Size. Provide the anticipated grain size or range of grain sizes. Smaller grain sizes are preferred, provided the cylinders remain free of voids. Smaller grains relative to the cylinder dimensions are expected to provide a more representative polycrystalline sample than larger grains relative to the cylinder dimensions.
Diameter and Associated Uncertainty. Provide the proposed cylinder diameter and associated dimensional uncertainty. Smaller uncertainty is preferred because it provides greater dimensional uniformity among cylinders.
Height and Associated Uncertainty. Provide the proposed cylinder height and associated dimensional uncertainty. Smaller uncertainty is preferred because it provides greater dimensional uniformity among cylinders.
Surface Roughness/Polish. Describe the proposed surface finish, including surface roughness or polish, as applicable. Smoother surfaces are preferred because they provide greater uniformity among cylinders.
Production Lot. Confirm that all cylinders will be produced from a single production lot.
Production from a single lot is required to minimize unnecessary cylinder-to-cylinder variation.
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Provide sufficient technical information with its quotation to demonstrate that the proposed equipment meets or exceeds all requirements of the Statement of Work (SOW)
Identify the manufacturer, make, model, part number, and configuration of each proposed item and include product literature, technical data sheets, drawings, or other documentation sufficient to substantiate compliance with the SOW requirements.
The technical quote shall not exceed three (3) pages, excluding the published price list and completed representations and certifications. The quotation shall be prepared on 8½ x 11-inch paper using a minimum 12-point font.
2. Price Quote
The price quote shall include firm-fixed price unit(s) and shall be inclusive of FOB Destination delivery terms and as required and to fulfil the requirements of the SOW.
This solicitation includes optional Contract Line Item Numbers (CLINs). Quoters shall submit a price for each base and optional CLIN identified in the solicitation. Failure to provide a price for any CLIN may render the quotation ineligible for award.
Prices proposed for optional CLINs shall be firm-fixed prices and shall remain valid for the period specified in the solicitation.
For purposes of evaluating quotations, the Government will evaluate the total price for the base CLIN(s) and all optional CLIN(s). Evaluation of the optional CLINs does not obligate the Government to exercise any option.
At the time of initial award, the Government may exercise any, all, or none of the optional CLINs, subject to the availability of funds and the Government's requirements. Any optional CLIN exercised at the time of award will be incorporated into the resulting purchase order at the price quoted by the successful quoter.
Representations and Certifications
The quoter shall complete and submit all representations and certifications required by the solicitation.
All provisions listed in full-text within this document shall be submitted as an addendum to the price quote and does not count against the page limit identified in the quote instructions.
RFO FAR 52.212-2 Evaluation – Commercial Products and Commercial Services (DEVIATION January 2026) (Addendum to FAR 52.212-2)
VIII. Quote Evaluation
I. General
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An award shall be made to the quoter whose quotation is deemed technically acceptable and at the lowest priced. The Government will evaluate quotations based on the following evaluation criteria: Factor 1 - Technical, and Factor 2 - Price.
The Government intends to award a single firm fixed price purchase order (PO) from this solicitation utilizing simplified acquisitions procedures in accordance with RFO Part 12, to the responsible offeror whose quotation results in the best value to the Government, considering both price and non-price factors. All factors other than price when combined are approximately equal and when combined, significantly more important than price.
The Government intends to award a firm fixed price purchase order to the responsible quoter submitting the lowest-priced quotation that is determined to be technically acceptable. Technical acceptability will be evaluated on an acceptable/unacceptable basis. Quotations determined to be technically acceptable will not be ranked or receive additional consideration for exceeding the Government's minimum requirements. Price will become the determining factor for award among all technically acceptable quotations
Upon receipt of Quotations, the Contracting Officer will review them to determine if each Quoter followed all of the Quotation preparation/submission instructions in this solicitation. A Quotation that did not follow the Quotation submission instructions to an extent that the Government cannot properly evaluate the Quotation in accordance with the stated evaluation factors may be deemed unacceptable and may not be further evaluated.
Factor 1 – Technical (Pass/Fail)
Quotations will be evaluated to determine whether the quoter has demonstrated the ability to perform provide all requirements of the Statement of Work (SOW) and as detailed under Section VI. Quote Format and Content.
Factor 2 – Price
The Government will evaluate the total price of all base and optional CLINs. Offerors shall provide a price for each CLIN.
Evaluation of optional CLINs does not obligate the Government to exercise them. At the time of award, the Government may exercise any, all, or none of the optional CLINs, subject to the availability of funds and the Government's needs.
The Government may determine that a price is unreasonable if it is materially unbalanced or does not reflect a clear understanding of the solicitation requirements.
IX. Applicable Provisions and Clauses
FAR 52.252-1 Solicitation Provisions Incorporated by Reference.
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
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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):
RFO: https://www.acquisition.gov/far-overhaul
Commerce Acquisition Regulation (CAR): http://www.ecfr.gov/cgi-bin/text-idx?SID=8b5f22b07c12a52e8b29841ad60f1fd9&mc=true&tpl=/ecfrbrowse/Title48/48chapter13 .tpl
Provisions incorporated by reference
FAR 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation FAR 52.204-7, System for Award Management FAR 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations – Representation FAR 52.209-7, Information Regarding Responsibility Matters FAR 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law FAR 52.217-4, Evaluation of Options Exercised at Time of Contract Award FAR 52.225-25, Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran
Provisions incorporated in full text
52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation.
(DEVIATION Jan 2026)
(a) Definitions. As used in this clause— Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
Subsidiary means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-3(b) applies or the requirement is waived in accordance with the procedures at 9.108-5.
(c) Representation. The Offeror represents that-
(1) It □ is, □ is not an inverted domestic corporation; and
(2) It □ is, □ is not a subsidiary of an inverted domestic corporation. (End of provision)
52.219-1 Small Business Program Representations. (DEVIATION Jan 2026)
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(a) Definitions. As used in this provision- Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.
HUBZone small business concern means a small business concern that meets the requirements described in 13 CFR 126.200, is certified by the Small Business Administration (SBA) and designated by SBA as a HUBZone small business concern in the Small Business Search (SBS) (
13 CFR 126.103).
Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300.
Small business concern—
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (b) of this provision.
(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 means a small business concern that-
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by 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
(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 paragraph (1) of this definition.
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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.
(b)
(1) The North American Industry Classification System (NAICS) code for this acquisition is
[insert NAICS code].
(2) The small business size standard is [insert size standard].
(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce (i.e., nonmanufacturer), is 500 employees, or 150
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employees for information technology value-added resellers under NAICS code 541519, if the acquisition—
(i) Is set aside for small business and has a value above the simplified acquisition threshold;
(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or
(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(c) Representations.
(1) The offeror represents as part of its offer that—
(i) it □ is, □ is not a small business concern; or
(ii) It □ is, □ is not a small business joint venture that complies with the requirements of 13
CFR 121.103(h) and 13 CFR 125.8(a) and (b). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: .]
(2) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small disadvantage business concern.
(3) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The offeror represents as part of its offer that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: .]
(4) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents as part of its offer that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: .]
(5) SDVOSB joint venture eligible under the SDVOSB Program. [Complete only if the offeror is certified as a SDVOSB concern]. The offeror represents as part of its offer that it □ is, □ is not a SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: .]
(6) HUBZone joint venture eligible under the HUBZone Program. [Complete only if the offeror is a HUBZone small business concern.] The offeror represents, as part of its offer, that it □ is,
□ is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture must be certified as a HUBZone concern.
(d) Notice. Under 15 U.S.C. 645(d), any person who misrepresents a firm’s status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, will be—
(1) Punished by imposition of fine, imprisonment, or both;
(2) Subject to administrative remedies, including suspension and debarment; and
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(3) Ineligible for participation in programs conducted under the authority of the Act. (End of provision)
FAR 52.219-28 Post-Award Small Business Program Representation
(a) Definitions. As used in this clause— Long-term contract means a contract of more than five years in duration, including options.
However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
Small business concern—
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause.
(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.
(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall represent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts-
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) If the Contractor represented its status as any of the small business concerns identified at 19.000(a)(3) prior to award of this contract, the Contractor shall represent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, for the NAICS code assigned to an order (except that paragraphs (c)(1) through (3) of this clause do not apply to an order issued under a Federal Supply Schedule contract at subpart 8.4)—
(1) Set aside exclusively for a small business concern identified at 19.000(a)(3) that is issued under an unrestricted multiple-award contract, unless the order is issued under the reserved portion of an unrestricted multiple-award contract ( e.g., an order set aside for a woman-owned small business under a multiple-award contract that is not set-aside, unless the order is issued under the reserved portion of the multiple-award contract);
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(2) Issued under a multiple-award contract set aside for small businesses that is further set aside for a specific socioeconomic category that differs from the underlying multiple-award contract ( e.g., an order set aside for a HUBZone small business concern under a multiple-award contract that is set aside for small businesses);
(3) Issued under the part of the multiple-award contract that is set aside for small businesses that is further set aside for a specific socioeconomic category that differs from the underlying set-aside part of the multiple-award contract ( e.g., an order set aside for a WOSB concern under the part of the multiple-award contract that is partially set aside for small businesses); and
(4) When the Contracting Officer explicitly requires it for an order issued under a multiple-award contract, including for an order issued under a Federal Supply Schedule contract (see 8.405-5(b) and 19.301-2(b)(2)).
(d) The Contractor shall represent its size status in accordance with the size standard in effect at the time of this representation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.
(e) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—
(1) Was set aside for small business and has a value above the simplified acquisition threshold;
(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or
(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraphs (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting officer in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.
(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs
(f) or (h) of this clause.
(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following representation and submit it to the contracting office, along with the contract number and the date on which the representation was completed:
(1) The Contractor represents that it □ is, □ is not a small business concern under NAICS Code _____ assigned to contract number _____.
(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it □ is, □ is not, a small disadvantaged business concern as defined in 13 CFR 124.1001.
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(3) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it □ is, □ is not a women-owned small business concern.
(4) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The Contractor represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __.]
(5) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The Contractor represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __ .]
(6) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause. ] The Contractor represents that it □ is, □ is not a veteran-owned small business concern.
(7) [Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] The Contractor represents that it □ is, □ is not a service-disabled veteran-owned small business concern.
(8) Service-disabled veteran-owned small business (SDVOSB) joint venture eligible under the SDVOSB Program. The Contractor represents that it □ is, □ is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402.
[ The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __.]
(9) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause. ] The Contractor represents 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 (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [ The Contractor 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.
NAICS Code Small business concern (yes/no)
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[ Contractor to sign and date and insert authorized signer's name and title.____________________________ ] (End of clause) Alternate I (Mar 2020). As prescribed in 19.309 (c)(2), substitute the following paragraph (h)(1) for paragraph (h)(1) of the basic clause:
(h)(1) The Contractor represents its small business size status for each one of the NAICS codes assigned to this contract.
FAR 52.225-2 Buy American Certificate (OCT 2022)
(a)
(1) The Offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product and that each domestic end product listed in paragraph (c) of this provision contains a critical component.
(2) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.
(3) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).
(4) The terms “commercially available off-the-shelf (COTS) item,” “critical component,” "domestic end product," "end product," and "foreign end product" are defined in the clause of this solicitation entitled "Buy American-Supplies."
(b)Foreign End Products:
Line Item No. Country of Origin Exceeds 55% domestic content (yes/no
(b)[List as necessary]
(c) Domestic end products containing a critical component:
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Line Item No. ___
[List as necessary]
(d) The Government will evaluate offers in accordance with the policies and procedures of part 25 of the Federal Acquisition Regulation. (End of provision)
FAR 52.240-90 Security Prohibitions and Exclusions Representations and Certifications (Deviation)
(a) Definitions. As used in this provision-—
Backhaul, covered article, covered telecommunications equipment or services, critical technology, FASCSA order, Intelligence community, interconnection arrangements, national security system, roaming, sensitive compartmented information, sensitive compartmented information system, source, and substantial or essential component have the meanings provided in the clause 52.240-91, Security Prohibitions and Exclusions.
Business operations means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.
Marginalized populations of Sudan means—
(1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act (Pub. L. 109-344) (50 U.S.C. 1701 note); and
(2) Marginalized areas in Northern Sudan described in section 4(9) of such Act.
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 under 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…
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