1333ND26QNB680329.pdf

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

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

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 The Contractor shall provide a 4K Cryogen Free Cryostat in accordance with the incorporated requirements document.

1.00 EA

0002 OPTIONAL ITEM The Contractor shall provide a

Additional RF coaxial wiring in accordance with the incorporated requirements document.

0003 OPTIONAL ITEM The Contractor shall provide a

Additional miniature coaxial wiring in accordance with the incorporated requirements document.

0004 OPTIONAL ITEM The Contractor shall provide a Vacuum pumping system in accordance with the incorporated requirements document.

0005 Shipping and Receiving

PAGE 3 OF 27 1333ND26QNB680329

Table of Contents

REQUIREMENTS DOCUMENT

ADDENDUM 52.212-1 INSTRUCTIONS AND EVAL CRITERIA

APPLICABLE PROVISIONS AND CLAUSES

PAGE 4 OF 27 1333ND26QNB680329

CLAUSES

REQUIREMENTS DOCUMENT

PAGE 5 OF 27 1333ND26QNB680329

REQUIREMENTS DOCUMENT

Title: 4K Cryogen Free Cryostat Requesting Lab: Physical Measurement Laboratory, 684.06

I. BACKGROUND INFORMATION

The Applied Electrical Metrology group at NIST has a need for a “4K Cryogen Free Cryostat”.

The 4K Cryogen Free Cryostat will be used at NIST in a metrology setting to disseminate the SI volt for dc and ac electrical applications. The 4K Cryogen Free Cryostat is needed to achieve the low temperatures (around 4 Kelvin) required to operate specialized Josephson Voltage Standards, which rely on superconducting effects.

II. SCOPE

The Contractor shall deliver a quantity of one (1) 4K Cryogen Free Cryostat with required accessories and add-ons indicated below. The Contractor may also bid on one or more options as outlined below. All items are inclusive of FOB Destination delivery, warranty, and accessories listed.

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 authorized for sale in the U.S. by the Contractor is not acceptable. All line items shall be shipped in the original manufacturer’s packaging and include all original documentation and software, when applicable.

REQUIRED Line Item 0001:

Description: 4K Cryogen Free Cryostat Quantity: 1

A. Technical Specifications

1. This is a brand-name or equivalent requirement for a Photon Spot Cryospot 5 cryostat, with options:

a. Pulse tube coldhead

b. Helium damping pot and buffer tank for low-temperature oscillations

The salient features and specifications for the purposes of this requisition are as follows:

a. Shall require no additional cryogens by the user (NIST) after delivery

b. Shall have a water-cooled compressor and consume no more than 8 kW.

c. Shall have flexible lines between the compressor and coldhead that are at least 5 m long

d. Shall have electrical isolation between the compressor and coldhead

e. Second stage cold plate shall have a minimum outer diameter, UNIT: INCHES, VALUE: 8

f. Second stage sample space shall have a minimum vertical length, UNIT:

INCHES, VALUE: 5

g. Shall have minimum cooling power at second stage at 4.2 K, UNIT: mW, VALUE:

h. Shall have maximum base temperature at second stage, UNIT: K, VALUE: 3.5

PAGE 6 OF 27 1333ND26QNB680329

i. Shall have maximum peak-to-peak temperature fluctuations at the second stage, UNIT: mK, VALUE: 5

j. Shall have at least two thermometers, one mounted to the first stage and one at the second stage

k. Shall have a heater mounted to the second stage

l. Shall have a temperature controller for maintaining temperature at the second stage using a PID control loop

m. Shall have a thermal radiation shield mechanically and thermally coupled to the first stage

n. Shall have passive magnetic shielding that attenuates the Earth’s stray field at the sample space by at least a factor of 100

o. Shall have at least four (4) BeCu 0.086” OD semirigid RF coaxial lines between room temperature vacuum flange and second stage, with thermalization at first and second stages, and 2.92 mm connectors on both ends

p. Shall have at least eight (8) electrically isolated (floating) 0.047” OD semirigid coaxial lines between room temperature vacuum flange and second stage, with non-galvanic thermalization at first and second stages, SMP connectors at cold end, and SMA connectors at room temperature end

q. Shall have at least one (1) 25-way cryogenic woven loom cable between room temperature vacuum flange and second stage, with thermalization at first and second stages, a micro-D connector at cold end, and a D-SUB connector at room temperature end

r. Shall have at least two (2) vacuum port blanks for custom instrumentation wiring (to be furnished and installed by NIST). Ports shall have a minimum inner diameter of 25 mm.

s. Higher confidence rating will be given to a company that provides a cryostat (excluding compressor and lines) that occupies a floor area equal to or less than 1 square meter.

OPTION Line Item 0002:

Description: Additional RF coaxial wiring Quantity: 1

A. Technical Specifications

a. Option to add four (4) additional BeCu 0.086” OD semirigid RF coaxial lines between room temperature vacuum flange and second stage, with thermalization at first and second stages, and 2.92 mm connectors on both ends

OPTION Line Item 0003:

Description: Additional miniature coaxial wiring Quantity: 1

A. Technical Specifications

a. Option to add eight (8) electrically isolated (floating) 0.047” OD semirigid coaxial lines between room temperature vacuum flange and second stage, with non-galvanic thermalization at first and second stages, SMP connectors at cold end, and SMA connectors at room temperature end

OPTION Line Item 0004:

Description: Vacuum pumping system Quantity: 1

A. Technical Specifications

PAGE 7 OF 27 1333ND26QNB680329

a. Oil-free roughing/turbo pumping station & vacuum gauge

b. Pneumatic vacuum valve and vacuum fittings

c. Relay control to operate vacuum valve and pump via vendor provided software

IV. DELIVERABLES

Description Quantity or Format Due Date

4 K Cryogen Free Cryostat 1 300 days ARO

Additional RF coax wiring 1 300 days ARO

Additional miniature coax wiring 1 300 days ARO

Vacuum pumping system 1 300 days ARO

Standards of Acceptance: The NIST TPOC or COR shall review (list deliverable) and respond with an acceptance or request for revision email to the Contractor Point of Contact (POC) within XX days/weeks of receipt of deliverable. This section applies to deliverables which must be reviewed and approved for acceptances (draft plans, drawings, etc.)

V.DELIVERY TERMS

Delivery shall be F.O.B Destination and shall occur in accordance with the delivery due dates provided in the above 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 Shipping and Receiving 100 Bureau Drive, Building 301 Gaithersburg, MD 20899 C/O Jason Underwood 220/B148

VI. INSPECTION & ACCEPTANCE

In addition to the inspection and acceptance terms articulated in 52.212-4, 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. Functional test to confirm cooling power and base temperature

PAGE 8 OF 27 1333ND26QNB680329

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 TPOC 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 (insert working days it will take to inspect, accept or reject) 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

The contractor shall warranty the entire system for a period of a minimum of 1 year after receipt of the equipment and shall be in accordance with terms in FAR 52.212-4. Warranty shall commence upon acceptance of the system by the Government and at a minimum shall include the following:

VIII. PAYMENT SCHEDULE (This section to be revised as needed) Advance payment is not authorized. The Contractor must invoice in arrears according to the payment schedule. The Contractor shall be paid, in accordance with Net 30-day payment terms, upon receipt and acceptance of a proper invoice, in accordance with the following schedule:

1. 100% after installation and acceptance by the TPOC 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 IAW the technical requirements set forth in this document AND

4. After receiving an invoice submitted properly, IAW the purchase order terms and conditions.

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.

ADDENDUM 52.212-1 INSTRUCTIONS AND EVAL CRITERIA

PAGE 9 OF 27 1333ND26QNB680329

DUE DATE FOR QUOTATIONS

Offerors shall submit their electronic quotations, via email, so that NIST receives them not later than see page one (1). E-mail quotations shall be submitted directly to the Contract Specialist at tracy.retterer@nist.gov and Contracting Officer at donald.collier@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.

PRE-QUOTE INQUIRIES (CAR 1352.215-72):

Offerors must submit all questions concerning this solicitation in writing to both the Contract Specialist, and the Contracting Officer, listed above. Questions should be received no later than 5 calendar days after the issuance date of this solicitation. All responses to the 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 responses included in the amendment to the solicitation will govern performance of the contract.

QUOTATION PREPARATION INSTRUCTIONS:

All quotations shall conform to solicitation provisions/clauses and be prepared in accordance with this section. The quotation shall be clearly and concisely written as well as be neat, indexed (cross-indexed as appropriate) and logically assembled. Note: The term “indexed” refers to a table of contents that lists sections and page numbers. In the event that the Offeror is unable to create an indexed quotation, an alternative approach such as a Table of Contents shall suffice. All pages of the quotation shall be appropriately numbered.

In preparing the quotation, each volume shall stand on its own. For each given evaluation factor the Government will only evaluate the information provided in the corresponding section of the quotation. The Offeror’s quotation shall be clearly divided into the following distinct volumes:

Volume I – Technical Quotation Volume II – Demonstrated Experience Quotation Volume III – Price Quotation Volume IV – Terms and Conditions

Volume I - Technical Quotation:

The Quoter shall submit one (1) copy of their technical quotation, electronically, via E-mail to the Contract Specialist and Contracting Officer identified above. The technical quotation shall address the following:

Technical Capability:

The quoter shall submit technical approach and capability documentation which may include a narrative, charts, graphs, tables, drawings, product / service literature, and as applicable, demonstrated authority to provide the necessary items and perform the required services identified in the statement of work (Attachment 1). The documentation shall clearly describe, in sufficient detail, the vendor's authority, proposed items, resources and methods to successfully fulfill the requirements including specifications, performance capability requirements, delivery schedules, warranties, and all service requirements. The submission shall clearly identify each line item above. The submission must demonstrate that the proposed system meets or exceeds

PAGE 10 OF 27 1333ND26QNB680329

each minimum requirement described within the attached statement of work document by providing a citation between the statement of work paragraph and the relevant section of the technical description or product literature. The offeror must not simply state they will meet or exceed the requirement; evidence must be provided. If applicable, evidence that the offeror is authorized by the manufacturer to provide the item(s) in the quotation shall be included. A higher confidence rating will be given to products that provide the following:

CLIN 0001:

s. Higher confidence rating will be given to a company that provides a cryostat (excluding compressor and lines) that occupies a floor area equal to or less than 1 square meter.

Volume II – Demonstrated Experience:

The quoter shall provide the following information for relevant contracts and/or projects (item and/or service) to that of the requirement in the RFQ that were completed within the past five years:

a) Experience For: Organization Name, address, phone number, email and a Reference Point of Contact (POC).

b) Role as prime contractor or subcontractor.

c) Description of the work in terms of items and services provided and relevance to

RFQ requirements.

d) Date of delivery (Items) and dates of services provided (Service contracts).

e) Contract/Project total dollar amount/value

The quoter is encouraged to focus on prior projects encompassing the same RFQ requirements and describe how these requirements were specifically supported by the quoter. The quoter may use prior experiences in which they served as a prime contractor or subcontractor;

however, experience as a prime contractor may instill higher confidence. The Government may contact the Reference POC to assess the validity and accuracy of the demonstrated prior experience submissions.

The Government reserves the right to review and consider any information contained within the Contractor Performance Assessment Reporting System (CPARS) or any other Government system, source, individual contact or any other source of information that may have knowledge or information on a quoter’s relevant experience.

Volume III - Price Quotation:

The offeror shall submit one (1) copy of their entire quotation, electronically, via E-mail to the Contract Specialist and Contracting Officer identified above. The pricing quotation shall be separate from any other portion of the quotation. The offeror shall propose a firm-fixed-price for each CLIN identified above, unless otherwise noted as a Not to Exceed amount. Price quotations shall remain valid for a period of 90 days from the date quotations are due.

Offerors 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 0005 - Other related transportation expenses) 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

PAGE 11 OF 27 1333ND26QNB680329

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:

The offeror shall review the provision and clauses attachment and complete any required information as record via a separate volume response to this solicitation.

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 this solicitation. Contracting officers will rely on representations from offers based on provisions in the solicitation. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

Acceptance of Terms and Conditions:

If the offeror objects to any of the terms and conditions contained in this solicitation, the offeror 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:" If the offeror does not accept the terms and conditions, the offeror shall list exception(s) and rationale for the exception(s). It is the sole responsibility of the offeror to identify in their quotation any exceptions to the terms and conditions of the solicitation. If the offeror does not include such a statement, the submission of a quotation in response to this solicitation will be regarded as the Offeror's acceptance of the Government's terms and conditions for inclusion into the resultant purchase order (PO).

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.

(XII) Addendum to 52.212-2, Evaluation-Commercial Products and Commercial Services (DEVIATION Jan 2026) applies to this procurement.

The evaluation criteria included in paragraph (a) of the provision are as follows:

EVALUATION CRITERIA

The Government intends to award a single purchase order (PO) from this solicitation utilizing RFO part 12. The Government reserves the right not to award a PO and to make an award without discussions based solely upon initial quotes. Offerors are strongly encouraged to submit their best technical solutions and price in response to this RFQ. The Government intends to make an award, based on best value, to the offeror with the proposed solution that is most advantageous, price and non-price factors considered. When combined, non-price factors are more important than price. As the non-price factors become more equal among offerors, price shall become more of a determining factor. The Government reserves the right not to award a PO and to make an award based solely upon initial quotes.

PAGE 12 OF 27 1333ND26QNB680329

Evaluation Factors:

The government will make an award, based on best value, to the vendor with the proposed solution that is most advantageous, price and other factors considered. When combined, non-price factors 1 and 2 are more important than factor 3.

Factor 1: Technical Capability: The Government will evaluate the extent to which the proposed instrument and solution meets all SOW requirements to determine the level of confidence the Government has in the quoters ability to successfully deliver and perform SOW requirements. A higher confidence rating will be given to products that provide the following:

CLIN 0001:

s. Higher confidence rating will be given to a company that provides a cryostat (excluding compressor and lines) that occupies a floor area equal to or less than 1 square meter.

Factor 2: Prior Demonstrated Experience: The Government will evaluate the Offeror’s prior demonstrated experience delivering, installing, and providing warranty and service contracts for instruments similar to the those in the SOW to determine the level of confidence the Government has in the quoters experience and ability to successfully deliver and perform SOW requirements.

Factor 3: Price: Price will be evaluated on all quotations that receive ratings above low confidence in both non-price factors. The evaluation will determine whether the proposed prices are fair and reasonable in relation to the solicitation requirements. A price realism analysis will not be conducted. Prices must be proportionate with the technical portion of the quotation.

The evaluation of each non-price factor (factors 1 and 2) may be done holistically with a rating scale of "high confidence," "some confidence," and "low confidence," representing the Government’s confidence that the vendor understands the requirement and will be successful in performing the work per factor.

Confidence Ratings:

High Confidence The Government has high confidence that the Quoter understands the requirement, proposes a sound approach, and will be successful in performing the requirements with little or no Government intervention.

Some Confidence

The Government has some confidence that the Quoter understands the requirement, proposes a sound approach, and will be successful in performing the requirements with some Government intervention.

Low Confidence The Government has low confidence that the Quoter understands the requirement, proposes a sound approach, or will be successful in performing the requirements even with Government intervention.

Upon evaluation, if a quotation is deemed Low Confidence on any given non-price factor, that quotation may not be evaluated further by the Government.

PAGE 13 OF 27 1333ND26QNB680329

Once the Government determines the quoter that is the best-suited (i.e., the apparent successful quoter), the Government reserves the right to communicate with only that quoter to address any remaining issues, if necessary, and finalize a contract with that quoter. These issues may include technical and price. If the parties cannot successfully address any remaining issues, as determined pertinent at the sole discretion of the Government, the Government reserves the right to communicate with the next best-suited quoter based on the original analysis and address any remaining issues. Once the Government has begun communications with the next best-suited quoter, no further communications with the previous quoter will be entertained until after the purchase order has been awarded. This process shall continue until an agreement is successfully reached and a contract is awarded.

(End of provision 52.212-2)

APPLICABLE PROVISIONS AND CLAUSES

PAGE 14 OF 27 1333ND26QNB680329

PROVISIONS AND CLAUSES

52.252-1 Solicitation Provisions Incorporated by Reference.

As prescribed in 52.107(a), insert the following provision:

SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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

FAR Overhaul (DEVIATIONS JAN 2026): https://www.acquisition.gov/far-overhaul/far-part-deviation-guide CAR: https://www.ecfr.gov/current/title-48/chapter-13

(End of provision)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

FAR Overhaul (DEVIATIONS JAN 2026): https://www.acquisition.gov/far-overhaul/far-part-deviation-guide CAR: https://www.ecfr.gov/current/title-48/chapter-13

(End of clause)

CLAUSES/ PROVISIONS INCORPORATED BY REFERENCE:

52.203-17 Contractor Employee Whistleblower Rights (Nov 2023) 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. (DEVIATION JAN 2026) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.204-7 System For Award Management (DEVIATION JAN 2026) 52.204-13 System For Award Management Maintenance (Deviation Jan 2026) 52.204-19 Incorporation By Reference Of Representations And Certifications (Dec 2014) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation(DEVIATION

JAN 2026)

52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (DEVIATION JAN 2026) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction

PAGE 15 OF 27 1333ND26QNB680329

under any Federal Law. (DEVIATION JAN 2026) **Filled in SAM** 52.212-1 Instructions To Offerors--Commercial Products And Commercial Services (DEVIATION JAN 2026) 52.219-28, Post-award Small Business Program Rerepresentation (DEVIATION JAN 2026) 52.222-3, Convict Labor (Jun 2003) 52.222-18 Certification Regarding Knowledge of Child Labor for Listed End Products (DEVIATION JAN 2026) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (DEVIATION JAN 2026) 52.222-36, Equal Opportunity for Workers with Disabilities (DEVIATION JAN 2026) 52.222-50, Combating Trafficking in Persons (DEVIATION JAN 2026) 52.222-90, Addressing DEI Discrimination by Federal Contractors (DEVIATION JAN 2026) 52.223-23, Sustainable Products and Services (May 2024) 52.225-1, Buy American- Supplies (DEVIATION JAN 2026) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) 52.232-39 Unenforceability of Unauthorized Obligations (JUNE 2013) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.233-3, Protest After Award (DEVIATION JAN 2026) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) 52.240-91 Security Prohibitions and Exclusions (DEVIATION JAN 2026) 52.244-6, Subcontracts for Commercial Products and Commercial Services (DEVIATION JAN 2026) 52.252-5 Authorized Deviations in Provisions (NOV 2020) 52.252-6 Authorized Deviations in Clauses (NOV 2020) 1352.201-70 Contracting Officer Authority (APR 2010) 1352.209-73 Compliance With The Laws (APR 2010) 1352.209-74 Organizational Conflict Of Interest (APR 2010)

Full Text Provision and Clauses:

FAR 52.212-4 TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (DEVIATION DATE)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price.

If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the

PAGE 16 OF 27 1333ND26QNB680329

Contractor may not assign its rights to receive payment under this contract.

(d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence.

Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C.

3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

PAGE 17 OF 27 1333ND26QNB680329

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable;

(D) Contractor point of contact; and

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(5) Interest.(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a termination for cause.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon—

PAGE 18 OF 27 1333ND26QNB680329

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered under this contract are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.

(r) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services;

(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

PAGE 19 OF 27 1333ND26QNB680329

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government-authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (s)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This clause does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(u) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference

PAGE 20 OF 27 1333ND26QNB680329

into the contract.

(End of clause)

52.225-2 BUY AMERICAN CERTIFICATE (DEVIATION JAN 2026)

(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:

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)

52.225-18 PLACE OF MANUFACTURE (DEVIATION JAN 2026)

(a) Definitions. As used in this provision— Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except-

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

PAGE 21 OF 27 1333ND26QNB680329

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

(b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly-

(1) □ In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) □ Outside the United States.

(End of provision)

52.240-90 Security Prohibitions and Exclusions Representations and Certifications. (DEVIATION

JAN 2026)

(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…