1605C4-20-Q-00024.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

MSHA BECKLEY

Beaver WV 25813 1301 Airport Rd US Department of Labor

MSHA PA WARREN. SHIP CODE 16. ADMINISTERED BYCODE

X

X

325120

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORMSHA BECKLEY

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

09/18/2020

304-256-3104Brandi Brinson (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIME

09/25/2020 1230 ES

b. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

1605C4-20-Q-00024

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 66 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

PITTSBURGH PA 15236

ATTN: Valinda Pfabe

BUILDING 38

626 COCHRANS MILL ROAD

US DEPARTMENT OF LABOR

15. DELIVER TO

Beaver WV 25813 1301 Airport Rd

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

1,000

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

US Department of Labor

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

This is a solicitation for gas cylinder refills.

Contract type: Indefinite delivery/Indefinite quantity Base plus two option periods

Base period CLINS 0001-0017 09/29/2020-09/28/2021 Option I CLINS 1001-1017 09/29/2021-09/28/2022 Option II CLINS 2001-2017 09/29/2022-09/28/2023

Base Period minimum order $1,000.00 Base Period maximum order $95,000.00

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Rhonda J. Sizemore

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

No guaranteed orders beyond the base period

Please ensure all certification in 52.212-3 are complete and updated in SAM. Please ensure

52.204-24, 52.204-26, and 52.225-2 are completed in your submission.

Base year

0001 Special mix 5% Methane/95% Helium (dust) 6 EA

Quantities are for evaluation purposes only

Base Period POP 09/29/2020-09/29/2021

Product/Service Code: 6830

FOB: Destination

0002 special mix 10% oxygen/90% Helium (dust) 6 EA

Quantities are for evaluation purposes only

Base Period POP 09/28/2020-09/29/2021

Product/Service Code: 6830

FOB: Destination

0003 99.999% UHP Helium 150AL (PTAD) 90 EA

Quantities are for evaluation purposes only

Base Period POP 09/29/2020-09/28/2021

Product/Service Code: 6830

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

66 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 66

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

1605C4-20-Q-00024

FOB: Destination

0004 99.999% UHP Helium 200S (dust) 12 EA

Quantities are for evaluation purposes only

Base Period POP 09/29/2020-09/28/2021

Product/Service Code: 6830

FOB: Destination

0005 zero grade Air 200S (dust & PTAD) 12 EA

Quantities are for evaluation purposes only

Base Period POP 09/29/2020-09/28/2021

Product/Service Code: 6830

FOB: Destination

0006 99.999% UHP Hydrogen (dust) 2 EA

Quantities are for evaluation purposes only

Base Period POP 09/29/2020-09/28/2021

Product/Service Code: 6830

FOB: Destination

0007 99.999% UHP Nitrogen 200S (dust & PTAD) 4 EA

Quantities are for evaluation purposes only

Base Period POP 09/29/2020-09/28/2021

Product/Service Code: 6830

FOB: Destination

0008 Oxygen 251/282S (dust) 12 EA

Quantities are for evaluation purposes only

Base Period POP 09/29/2020-09/28/2021

Product/Service Code: 6830

FOB: Destination

0009 Refrigerated liquid Argon 5200S (dust) 30 EA

Quantities are for evaluation purposes only

Base Period POP 09/29/2020-09/28/2021

Product/Service Code: 6830

FOB: Destination

0010 99.999% UHP Argon 150AL (PTAD) 24 EA

Quantities are for evaluation purposes only

Base Period POP 09/29/2020-09/28/2021

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

4 66

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

1605C4-20-Q-00024

Product/Service Code: 6830

FOB: Destination

0011 zero grade Hydrogen 33AL (PTAD) 4 EA

Quantities are for evaluation purposes only

Base Period POP 09/29/2020-09/28/2021

Product/Service Code: 6830

FOB: Destination

0012 Medical oxygen 251/282S (MEO) 12 EA

Quantities are for evaluation purposes only

Base Period POP 09/29/2020-09/28/2021

Product/Service Code: 6830

FOB: Destination

0013 Propane 33S (MEO) 12 EA

Quantities are for evaluation purposes only

Base Period POP 09/29/2020-09/28/2021

Product/Service Code: 6830

FOB: Destination

0014 Delivery charge 60 EA

Quantities are for evaluation purposes only

Base Period POP 09/29/2020-09/28/2021

Product/Service Code: XXXX

0015 aluminum cylinder retest 6 EA

Quantities are for evaluation purposes only

Base Period POP 09/29/2020-09/28/2021

Product/Service Code: H3**

0016 Bakeout of cylinders 6 EA

Quantities are for evaluation purposes only

Base Period POP 09/29/2020-09/28/2021

Product/Service Code: H3**

0017 replace a valve 6 EA

Quantities are for evaluation purposes only

Base Period POP 09/29/2020-09/28/2021

Product/Service Code: H3**

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

5 66

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

1605C4-20-Q-00024

FOB: Destination

1001 Option Year I 6 EA

POP 09/29/2021-09/28/2022

Special mix 5% Methane/95% Helium (dust)

Quantities are for evaluation purposes only

(Option Line Item)

(Anticipated Option Exercise Date)02/01/2018

Product/Service Code: 6830

FOB: Destination

1002 Option Year I 6 EA

POP 09/29/2021-09/28/2022

special mix 10% oxygen/90% Helium (dust)

Quantities are for evaluation purposes only

(Option Line Item)

(Anticipated Option Exercise Date)02/01/2018

Product/Service Code: 6830

FOB: Destination

1003 Option Year I 90 EA

POP 09/21/2021-09/28/2022

99.999% UHP Helium 150AL (PTAD)

Quantities are for evaluation purposes only

(Option Line Item)

(Anticipated Option Exercise Date)02/01/2018

Product/Service Code: 6830

FOB: Destination

1004 Option Year I 12 EA

POP 09/29/2021-09/28/2022

99.999% UHP Helium 200S (dust)

Quantities are for evaluation purposes only

(Option Line Item)

(Anticipated Option Exercise Date)02/01/2018

Product/Service Code: 6830

FOB: Destination

1005 Option Year I 12 EA

POP 09/29/2021-09/28/2022

zero grade Air 200S (dust & PTAD)

Quantities are for evaluation purposes only

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

6 66

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

1605C4-20-Q-00024

(Option Line Item)

(Anticipated Option Exercise Date)02/01/2018

Product/Service Code: 6830

FOB: Destination

1006 99.999% UHP Hydrogen (dust) 2 EA

Option I

POP 09/29/2021-09/28/2022

Quantities are for evaluation purposes only

(Option Line Item)

(Anticipated Option Exercise Date)02/01/2018

Product/Service Code: 6830

FOB: Destination

1007 Option Year I 4 EA

POP 09/29/2021-09/28/2022

99.999% UHP Nitrogen 200S (dust & PTAD)

Quantities are for evaluation purposes only

(Option Line Item)

(Anticipated Option Exercise Date)02/01/2018

Product/Service Code: 6830

FOB: Destination

1008 Option Year I 12 EA

POP 09/29/2021-09/28/2022

Oxygen 251/282S (dust)

Quantities are for evaluation purposes only

(Option Line Item)

(Anticipated Option Exercise Date)02/01/2018

Product/Service Code: 6830

FOB: Destination

1009 Option Year I 30 EA

POP 09/29/2021-09/28/2022

Refrigerated liquid Argon 5200S (dust)

Quantities are for evaluation purposes only

(Option Line Item)

(Anticipated Option Exercise Date)02/01/2018

Product/Service Code: 6830

FOB: Destination

1010 Option Year I 24 EA

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

7 66

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

1605C4-20-Q-00024

POP 09/29/2021-09/28/2022

99.999% UHP Argon 150AL (PTAD)

Quantities are for evaluation purposes only

(Option Line Item)

(Anticipated Option Exercise Date)02/01/2018

Product/Service Code: 6830

FOB: Destination

1011 Option Year I 4 EA

POP 09/29/2021-09/28/2022

zero grade Hydrogen 33AL (PTAD)

Quantities are for evaluation purposes only

(Option Line Item)

(Anticipated Option Exercise Date)02/01/2018

Product/Service Code: 6830

FOB: Destination

1012 Option Year I 12 EA

POP 09/29/2021-09/28/2022

Medical oxygen 251/282S (MEO)

Quantities are for evaluation purposes only

(Option Line Item)

(Anticipated Option Exercise Date)02/01/2018

Product/Service Code: 6830

FOB: Destination

1013 Option Year I 12 EA

POP 09/29/2021-09/28/2022

Propane 33S (MEO)

Quantities are for evaluation purposes only

(Option Line Item)

(Anticipated Option Exercise Date)02/01/2018

Product/Service Code: 6830

FOB: Destination

1014 Option Year I 60 EA

POP 09/29/2021-09/28/2022

Delivery charge

Quantities are for evaluation purposes only

(Option Line Item)

(Anticipated Option Exercise Date)02/01/2018

Product/Service Code: XXXX

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

8 66

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

1605C4-20-Q-00024

1015 Option Year I 6 EA

POP 09/29/2021-09/28/2022

aluminum cylinder retest

Quantities are for evaluation purposes only

(Option Line Item)

(Anticipated Option Exercise Date)02/01/2018

Product/Service Code: H3**

1016 Option Year I 6 EA

POP 09/29/2021-09/28/2022

Bakeout of cylinders

Quantities are for evaluation purposes only

(Option Line Item)

(Anticipated Option Exercise Date)02/01/2018

Product/Service Code: H3**

1017 Option Year I 6 EA

POP 09/29/2021-09/28/2022

replace a valve

Quantities are for evaluation purposes only

(Option Line Item)

(Anticipated Option Exercise Date)02/01/2018

Product/Service Code: 6830

FOB: Destination

2001 Option Year II 6 EA

POP 09/29/2022-09/28/2023

Special mix 5% Methane/95% Helium (dust)

Quantities are for evaluation purposes only

(Option Line Item)

(Anticipated Option Exercise Date)02/01/2019

Product/Service Code: 6830

FOB: Destination

2002 Option Year II 6 EA

POP 09/29/2022-09/28/2023

special mix 10% oxygen/90% Helium (dust)

Quantities are for evaluation purposes only

(Option Line Item)

(Anticipated Option Exercise Date)02/01/2019

Product/Service Code: 6830

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

9 66

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

1605C4-20-Q-00024

FOB: Destination

2003 Option Year II 90 EA

POP 09/29/2022-09/28/2023

99.999% UHP Helium 150AL (PTAD)

Quantities are for evaluation purposes only

(Option Line Item)

(Anticipated Option Exercise Date)02/01/2019

Product/Service Code: 6830

FOB: Destination

2004 Option Year II 12 EA

POP 09/29/2022-09/28/2023

99.999% UHP Helium 200S (dust)

Quantities are for evaluation purposes only

(Option Line Item)

(Anticipated Option Exercise Date)02/01/2019

Product/Service Code: 6830

FOB: Destination

2005 Option Year II 12 EA

POP 09/29/2022-09/28/2023

zero grade Air 200S (dust & PTAD)

Quantities are for evaluation purposes only

(Option Line Item)

(Anticipated Option Exercise Date)02/01/2019

Product/Service Code: 6830

FOB: Destination

2006 Option Year II 2 EA

POP 09/29/2022-09/28/2023

99.999% UHP Hydrogen (dust)

Quantities are for evaluation purposes only

(Option Line Item)

(Anticipated Option Exercise Date)02/01/2019

Product/Service Code: 6830

FOB: Destination

2007 Option Year II 4 EA

POP 09/29/2022-09/28/2023

99.999% UHP Nitrogen 200S (dust & PTAD)

Quantities are for evaluation purposes only

(Option Line Item)

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

10 66

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

1605C4-20-Q-00024

(Anticipated Option Exercise Date)02/01/2019

Product/Service Code: 6830

FOB: Destination

2008 Option Year II 12 EA

POP 09/29/2022-09/28/2023

Oxygen 251/282S (dust)

Quantities are for evaluation purposes only

(Option Line Item)

(Anticipated Option Exercise Date)02/01/2019

Product/Service Code: 6830

FOB: Destination

2009 Option Year II 30 EA

POP 09/29/2022-09/28/2023

Refrigerated liquid Argon 5200S (dust)

Quantities are for evaluation purposes only

(Option Line Item)

(Anticipated Option Exercise Date)02/01/2019

Product/Service Code: 6830

FOB: Destination

2010 Option Year II 24 EA

POP 09/29/2022-09/28/2023

99.999% UHP Argon 150AL (PTAD)

Quantities are for evaluation purposes only

(Option Line Item)

(Anticipated Option Exercise Date)02/01/2019

Product/Service Code: 6830

FOB: Destination

2011 Option Year II 4 EA

POP 09/29/2022-09/28/2023

zero grade Hydrogen 33AL (PTAD)

Quantities are for evaluation purposes only

(Option Line Item)

(Anticipated Option Exercise Date)02/01/2019

Product/Service Code: 6830

FOB: Destination

2012 Option Year II 12 EA

POP 09/29/2022-09/28/2023

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

11 66

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

1605C4-20-Q-00024

Medical oxygen 251/282S (MEO)

Quantities are for evaluation purposes only

(Option Line Item)

(Anticipated Option Exercise Date)02/01/2019

Product/Service Code: 6830

FOB: Destination

2013 Option Year II 12 EA

POP 09/29/2022-09/28/2023

Propane 33S (MEO)

Quantities are for evaluation purposes only

(Option Line Item)

(Anticipated Option Exercise Date)02/01/2019

Product/Service Code: 6830

FOB: Destination

2014 Option Year II 60 EA

POP 09/29/2022-09/28/2023

Delivery charge

Quantities are for evaluation purposes only

(Option Line Item)

(Anticipated Option Exercise Date)02/01/2019

Product/Service Code: XXXX

2015 Option Year II 6 EA

POP 09/29/2022-09/28/2023

aluminum cylinder retest

Quantities are for evaluation purposes only

(Option Line Item)

(Anticipated Option Exercise Date)02/01/2019

Product/Service Code: H3**

2016 Option Year II 6 EA

POP 09/29/2022-09/28/2023

Bakeout of cylinders

Quantities are for evaluation purposes only

(Option Line Item)

(Anticipated Option Exercise Date)02/01/2019

Product/Service Code: H3**

2017 Option Year II 6 EA

POP 09/29/2022-09/28/2023

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

12 66

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

1605C4-20-Q-00024 replace a valve

Quantities are for evaluation purposes only

(Option Line Item)

(Anticipated Option Exercise Date)02/01/2019

Product/Service Code: H3**

FOB: Destination

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

2 - Section 2 Clauses

3 - Statement of Work Statement of Work

4 - Section 4 Clauses

2 - Section 2

Clauses

52.203-6 Restrictions on Subcontractor Sales to the Government. (JUN 2020)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (JUN 2020)

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. (JUN 2020)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (MAY 2011)

52.204-7 System for Award Management. (OCT 2018)

52.204-8 Annual Representations and Certifications. (MAR 2020)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 325120.

(2) The small business size standard is 1,000 employees.

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

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

___ (i) Paragraph (d) applies.

___ (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless-

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services- Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations- Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies.

(D) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications.

This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

(Contracting Officer check as appropriate.)

[ ] (i) 52.204-17, Ownership or Control of Offeror.

[ ] (ii) 52.204-20, Predecessor of Offeror.

[ ] (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

[ ] (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Certification.

[ ] (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.

[ ] (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

[ ] (vii) 52.227-6, Royalty Information.

[ ] (A) Basic.

[ ] (B) Alternate I.

[ ] (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

(End of provision)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to-

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to-

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that-

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that-

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment-

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services-

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment-

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services-

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-26 Covered Telecommunications Equipment or Services-Representation. (DEC 2019)

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

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(End of provision)

52.207-4 Economic Purchase Quantity - Supplies. (AUG 1987)

(a) Offerors are invited to state an opinion on whether the quantity(ies) of supplies on which bids, proposals or quotes are requested in this solicitation is (are) economically advantageous to the Government.

(b) Each offeror who believes that acquisitions in different quantities would be more advantageous is invited to recommend an economic purchase quantity. If different quantities are recommended, a total and a unit price must be quoted for applicable items. An economic purchase quantity is that quantity at which a significant price break occurs. If there are significant price breaks at different quantity points, this information is desired as well.

Offeror Recommendations

Item Quantity Price Quotation Total

(c) The information requested in this provision is being solicited to avoid acquisitions in disadvantageous quantities and to assist the Government in developing a data base for future acquisitions of these items. However, the Government reserves the right to amend or cancel the solicitation and resolicit with respect to any individual item in the event quotations received and the Government's requirements indicate that different quantities should be acquired.

(End of provision)

52.212-1 Instructions to Offerors - Commercial Items. (JUN 2020)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show-

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation.

Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers. (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to- GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619- 8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) (Reserved)

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

52.212-1 ADDENDUM Instructions to Offerors - Commercial Items. (June 2020) ADDENDUM

The following provisions are incorporated into 52.212-1 as an addendum to this solicitation:

DEADLINE

Proposals shall be submitted electronically prior to 12:30 PM EST on September 25, 2020 referencing 1605C4-20-Q-00024 in the subject line of the e-mail message, must be in a format compatible with Microsoft Office or Adobe, and shall not exceed 20 pages. Quotes must be valid for a period of 30 days and include enough information for the Government to make a determination that the Contractor can responsibly deliver the required products. Vendors must have a current and valid System for Award Management registration at the time of quote submission.

QUOTE CONTENTS

1. Firm Fixed Price Quotation The Vendor is required to separately price each contract line item;

2. Proposed Product's Specifications The Vendor’s response to the RFQ must include detailed product specifications in order for the Government to make a determination of technical acceptance

QUESTIONS

Any questions regarding the solicitation and technical requirements, shall be submitted in writing only to the Contract Specialist at Brinson.brandi@dol.gov referencing solicitation number 1605C4-20-Q-00024 by September, 22. 2020 at 12:00 PM EST . Responses to questions will be posted on or around September 23, 2020 without reference to the originating source.

PHONE CALLS WILL NOT BE ACCEPTED.

DISCUSSIONS

The government reserves the right to award without discussions; therefore it is critical that each quote be fully responsive. However, the Contracting Officer also reserves the right to conduct discussions, if later determined to be necessary.

52.212-2 Evaluation - Commercial Items. (OCT 2014)

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

The Government will award a contract resulting from this Request for Quotation (RFQ) to the responsible vendor whose quote, conforming to the RFQ, will be the lowest price technically acceptable to the Government. A decision of technical acceptability will be made by comparing the quotation to the availability of all items listed in the CLINS and the ability to deliver within the specific timeline listed in the

SOW.

Technical is equal to price

Technical evaluation:

Acceptable: Based on the vendor’s technical response, the Government has a reasonable expectation that the vendor understands and has the experience to successfully perform the required effort.

Unacceptable: Based on the vendor's technical response, the Government has no reasonable expectation that the vendor understands and has the experience to successfully perform the required effort.

Price Evaluation:

The proposed prices/costs will be evaluated but not scored. The cost evaluation will determine whether the proposed costs are realistic, complete, and reasonable in relation to the solicitation requirements. Proposed costs must be entirely compatible with the technical proposal.

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

(c) A written notice of award or acceptance of an quote, mailed or otherwise furnished to the successful vendor within the time for acceptance specified in the quote, shall result in a binding mailto:Brinson.brandi@dol.gov contract without further action by either party.