B-2 COMBINED SYNOPSIS-SOLICITATION 1333ND20QNB640565 8-6-20.doc

FBO ANNOUNCEMENT: COMBINED SYNOPSIS/SOLICITATION

ACTION CODE: <COMBINED>

CLASSIFICATION CODE: 66 – INSTRUMENTS AND LABORATORY EQUIPMENT

SUBJECT: AUTOMATED FLOW CELL SORTER

SOLICITATION NO.: 1333ND20QNB640565

RESPONSE DATE: 21 Aug 2020 CONTACT POINTS: Randy Schroyer, Contract Specialist; 301/975-6314 (T)

Andrea Parekh, Supv. Contracting Officer; 301/975-6984 (T)

THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS PREPARED IN ACCORDANCE WITH THE FORMAT IN FEDERAL ACQUISITION REGULATION (FAR) SUBPART 12.6-STREAMLINED PROCEDURES FOR EVALUATION AND SOLICITATION FOR COMMERCIAL ITEMS-AS SUPPLEMENTED WITH ADDITIONAL INFORMATION INCLUDED IN THIS NOTICE. FAR PART 13 SIMPLIFIED ACQUISITION PROCEDURES ARE UTILIZED IN THIS PROCUREMENT. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTATIONS ARE BEING REQUESTED, AND A WRITTEN SOLICITATION DOCUMENT WILL NOT BE ISSUED.

This solicitation is a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-08 published 14 Jul 2020 and effective 13 Aug 2020.

The associated North American Industrial Classification System (NAICS) code for this procurement is 334516 with a small business size standard of 1,000 employees.

This acquisition is unrestricted and all interested Offerors may submit a firm fixed-price quotation in accordance with the minimum salient characteristics defined in the Statement of Requirements (SoR), included as an attachment to this combined synopsis/solicitation and inclusive of F.O.B Destination shipping.

All equipment must be new. Used or remanufactured equipment will not be considered for award. Experimental, prototype, refurbished, or custom items will not be considered. The use of “gray market” components not authorized for sale in the U.S. by the Contractor is not acceptable.

The National Institute of Standards and Technology (NIST) intends to issue a Firm Fixed Priced (FFP) purchase order to acquire one (1) Automated Flow Cell Sorter with options for lasers, a biosafety cabinet, and a service contract.

This is a BRAND NAME or EQUAL requirement. Brand name or equal description is intended to be descriptive, but not restrictive and is to indicate the quality and characteristic of products that are considered satisfactory to meet the agency’s requirement.

An equivalent instrument must possess the minimum salient characteristics defined herein.

Responsible quoters shall provide a quotation which includes all of the following line item nos.:

LINE ITEM NO. (LIN) 0001

QTY: 1 EA

Beckman Coulter MoFlo Astrios EQ Automated Flow Cell Sorter or equivalent with 1-yr. warranty including parts, labor and travel

*LINE ITEM NO. (LIN) 0002

QTY: 1 JOB

LIN 0001 On-site Installation

*LINE ITEM NO. (LIN) 0003

QTY: 1 JOB

LIN 0001 On-site Training *The Contractor shall be responsible for knowing and complying with all installation safety prevention regulations including NIST COVID-19 mitigation protocol.

OPTIONAL ITEMS

(LINs 0004-0008 ARE OPTIONAL ITEMS – EXERCISE OF ONE OR ALL OPTIONAL ITEMS IS SOLEY AT THE DISCRETION OF THE GOVERNMENT)

LINE ITEM NO. (LIN) 0004

QTY: 1 LOT

405 nm Laser with (2) corresponding emission filters

LINE ITEM NO. (LIN) 0005

QTY: 1 LOT

532 nm Laser with (5) corresponding emission filters

LINE ITEM NO. (LIN) 0006

QTY: 1 LOT

592 nm Laser with (4) corresponding emission filters

LINE ITEM NO. (LIN) 0007

QTY: 1 EA

Biosafety Cabinet with 3-yr. warranty

LINE ITEM NO. (LIN) 0008

QTY: 1 KT

Biosafety Cabinet Accessory Kit

OPTION YEAR 1: BEGINS 365 DAYS AFTER INITIAL WARRANTY PERIOD ENDS

LINE ITEM NO. (LIN) 0009

QTY: 4 QUARTERS (QR)

Service Contract with (1) PM, unlimited emergency repair incidents, 72-hr. response time, parts, labor and travel

OPTION YEAR 2: BEGINS 365 DAYS AFTER OPTION YEAR 1 ENDS

LINE ITEM NO. (LIN) 0010

QTY: 4 QUARTERS (QR)

Service Contract with (1) PM, unlimited emergency repair incidents, 72-hr. response time, parts, labor and travel

OPTION YEAR 3: BEGINS 365 DAYS AFTER OPTION YEAR 2 ENDS

LINE ITEM NO. (LIN) 0011

QTY: 4 QUARTERS (QR)

Service Contract with (1) PM, unlimited emergency repair incidents, 72-hr. response time, parts, labor and travel

DELIVERY: delivery, installation and training for the instrument shall be completed within 60 days after award Delivery terms shall be FOB Destination. 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 delivery order, be responsible for any loss of an/or damage to the goods occurring before receipt and acceptance of the shipment by the consignee at the delivery point specified in the delivery order; and pay all charges to the specified point of delivery. All shipping costs shall be included in the total firm-fixed price.

Formal acceptance of the automated flow cell sorter will be given at the time that NIST determines all minimum salient characteristics have been met and installation has been successfully completed.

PAYMENT

Partial payments will not be authorized. One aggregate payment shall be made. A proper invoice will be approved for payment if all componentry has been delivered, all minimum salient characteristics have been met, and installation/training has been successfully completed. The invoice will not be approved if any items are outstanding, and/or have been rejected.

The Contractor will be paid, in accordance with Net 30-day payment terms, upon receipt and acceptance of a proper invoice and receipt and completion of acceptance testing by the Government of the automated flow cell sorter.

NOTE: The offeror may propose an alternative payment schedule in its quotation submittal.

***This is an Open-Market Combined Synopsis/Solicitation for a commercially available instrument and componentry as defined herein. The Government intends to award a Purchase Order as a result of this Combined Synopsis/Solicitation that will include the terms and conditions that are set forth herein. In order to facilitate the award process, ALL quotations shall include a statement regarding the terms and conditions herein as follows:

The Offeror shall state “The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition.”

OR

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:

Offeror shall list exception(s) and rationale for the exception(s).

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

Please note that 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 quoted 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.

ADDENDUM TO FAR 52.212-1

QUOTATION PREPARATION INSTRUCTIONS

All offerors shall submit the following:

Each quotation shall consist of two (2) separate electronic files: (a) Technical Quotation (Vol. I); and, (b) Business/Pricing Quotation (Vol. II). Incomplete quotations may be considered non-compliant and removed from further consideration.

Quotations shall be clearly and concisely written as well as being neat, indexed (cross-indexed as appropriate) and logically assembled. All pages of each part shall be appropriately numbered and identified with the name of the offeror, the date, and the solicitation number. A one-page transmittal letter signed by an individual authorized to commit the organization shall be transmitted with the quotation to the Government. Each quotation shall be on 8.5” x 11” paper, in a commercially standard font, not smaller than 12-point font. Each page in the quotation shall be separately numbered. The quotation shall be limited to twelve (12) single-sided, single-spaced pages (excluding the letter of transmittal, cover letter, and product literature).

Overall Arrangement of Documents

VOLUME I: TECHNICAL

NIST will evaluate quotations, based on the information submitted in support of the following factor:

Technical Capability The offeror shall submit a sufficient technical description and product literature for the automated flow cell sorter it is proposing (which clearly identifies each instrument minimum salient characteristic displayed in the Statement of Requirements (SoR)), and technical description and product literature for the required option items designated at LINs 0004-0008 . The offeror must demonstrate that its proposed instrument/components meet each minimum salient characteristic described therein by providing a citation to the relevant section of its technical description or product literature. The offeror shall not simply state they will meet the requirement; evidence must be provided. If an offeror does not indicate how its proposed instrument/componentry meets a certain minimum salient characteristic, NIST will determine that it does not. If applicable, evidence that the offeror is authorized by the original provider to provide the item(s) in the quotation should be included.

The offeror shall discuss its approach for performing installation and conducting training.

The offeror shall provide warranty details.

The offeror shall discuss the contents of the service plan proposed for the instrument.

The offeror shall demonstrate that any engineers or technicians dispatched to perform installation, conduct training, or service the instrument satisfy the Contractor Minimum Qualifications defined in Section VIII of the SoR.

VOLUME II: BUSINESS/PRICING

The Offeror shall submit one copy of its completed price schedule. If the quotation is submitted electronically, additional copies are not required. The price quotation shall be separate from any other portion of the quotation. The Offeror shall propose a firm fixed price, FOB Destination, for Line Items 0001-0011. All option Line Items must be quoted to be considered technically acceptable.

The Offeror is encouraged to discount its rates. If price discounts are offered, identify the percentage of price discount and/or price reduction offered.

The Volume II Business Pricing Quotation shall include: a) the offeror’s Dun and Bradstreet Number (DUNS); and, b) the country of origin for the quoted instrument/componentry

To be eligible for award, the offeror must have an active registration in the System for Award Management (sam.gov/SAM/)

The place of manufacture of the instrument/componentry proposed shall be included in the Business/Pricing Volume II.

ADDENDUM TO FAR 52.212-2

EVALUATION AND BASIS FOR AWARD

The Government will award a purchase order resulting from this solicitation that will include the terms and conditions that are set forth herein to the responsible offeror whose quotation is deemed technically acceptable and is the lowest price.

The Government intends to make a single award and reserves the right to make no award as a result of this solicitation.

The Government intends to evaluate quotations and award a purchase order without discussions with offerors. Therefore, the offeror's initial quotation 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 and or all quotations if such action is in the public interest; accept other than the lowest price quotation; and waive informalities and minor irregularities in quotations received.

The Government will evaluate quotations based on the following criteria: a) technical capability; and, 2) price

Technical Capability

Evaluation of technical capability will be based on the information provided in the technical quotation. NIST will evaluate: a) whether the offeror has demonstrated that its proposed instrument/componentry meets all minimum salient characteristics; b) whether the plans for installation and training are credible; c) whether warranty coverage is suitable; and, d) whether service plan contents include all requirements defined in LINs 0009-0011. Quotations that do not demonstrate the proposed instrument/componentry meets all minimum salient characteristics, that do not include installation and training, do not include warranty details or do not include a service plan will not be considered further for award.

Price The Government will evaluate the Offeror’s proposed pricing for reasonableness.

Price will not be evaluated for quotations that are determined technically unacceptable under the Technical Capability evaluation factor.

***APPLICABLE PROVISIONS AND CLAUSES***

The full text of a FAR provision or clause may be accessed electronically at http://acquisition.gov/far/index.html

The following FAR provisions apply to this acquisition:

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

52.204-16 Commercial and Government Entity Code Reporting (JUL 2016);

52.204-17 Ownership or Control of Offeror (JUL 2016);

Ownership or Control of Offeror (Jul 2016)

(a) Definitions. As used in this provision–

Commercial and Government Entity (CAGE) code means–

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

(b) The Offeror represents that it □ has or □ does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates “has” in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code: ____________________

Immediate owner legal name: ______________________

(Do not use a “doing business as” name)

Is the immediate owner owned or controlled by another entity?: □ Yes or □ No.

(d) If the Offeror indicates “yes” in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code: ___________________

Highest-level owner legal name: ___________________ (Do not use a “doing business as” name)

(End of provision) 52.204-20 Predecessor of Offeror (JUL 2016)

Predecessor of Offeror (JUL 2016)

(a) Definitions. As used in this provision–

“Commercial and Government Entity (CAGE) code” means–

(1) An identifier assigned to entities located in the United States and its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or government entity, or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that DLA Contractor and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as an NCAGE code.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it □ is or □ is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ________ (or mark “Unknown”)

Predecessor legal name: _________________________

(Do not use a “doing business as” name) (End of provision)

52.204-22 Alternative Line Item Proposal (JAN 2017);

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (DEC 2019)

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Dec 2019) The Offeror shall not complete the representation in 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—

“Covered telecommunications equipment or services”, “critical technology”, and “substantial or essential component” have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. 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. Contractors are not prohibited from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or 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) Representation. The Offeror represents that 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.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will” provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer—

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

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

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, 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).

(End of provision) 52.204-26 Covered Telecommunications Equipment or Services – Representation (DEC 2019)

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) 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations – Representation (NOV 2015);

Prohibition on Contracting with Inverted Domestic Corporations-Representation (Nov 2015)

(a) Definitions. “Inverted domestic corporation” and “subsidiary” have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that-

(1) It □ is, □ is not an inverted domestic corporation; and

(2) It □ is, □ is not a subsidiary of an inverted domestic corporation.

52.209-5 Certification Regarding Responsibility Matters (OCT 2015);

Certification Regarding Responsibility Matters (Oct 2015)

(a) (1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are □ are not □ presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have □ have not □, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are □ are not □ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

(D) Have □, have not □, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has □ has not □, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) “Principal,” for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision) 52.209-7 Information Regarding Responsibility Matters (OCT 2018);

Information Regarding Responsibility Matters (Oct 2018)

(a) Definitions. As used in this provision—

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror □ has □ does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in–

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed viahttps://www.sam.gov (see 52.204-7).

(End of provision) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction Under any Federal Law (FEB 2016)

Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that—

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

52.211-6 Brand Name or Equal (AUG 1999);

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

52.212-2 Evaluation—Commercial Items (OCT 2014);

52.212-3 Offerors Representations and Certifications- Commercial Items (JUN 2020);

In accordance with FAR 52.212-3 Offeror Representations and Certifications – Commercial Items, quoters must complete annual representations and certifications on-line at sam.gov/SAM/ and be actively registered to be eligible for award. If paragraph (j) of the provision applies, a written submission is required.

52.217-4 Evaluation of Options Exercised at Time of Contract Award (JUN 1988);

52.217-5 Evaluation of Options (JUL 1990);

52.222-22 Previous Contracts and Compliance Reports (FEB 1999);

The offeror represents that—

It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation;

It □ has, □ has not filed all required compliance reports; and

Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

(End of provision) 52.222-25 Affirmative Action Compliance (APR 1984);

Affirmative Action Compliance (Apr 1984)

The offeror represents that-

(a) It ( has developed and has on file, ( has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2); or

(b) It ( has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(End of provision) 52.222-48 Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment – Certification (MAY 2014);

Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Certification (May 2014)

(a) The offeror shall check the following certification:

Certification

The offeror □ does □ does not certify that-

(1) The items of equipment to be serviced under this contract are used regularly for other than Government purposes, and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontractor) in substantial quantities to the general public in the course of normal business operations;

(2) The services will be furnished at prices which are, or are based on, established catalog or market prices for the maintenance, calibration, or repair of equipment.

(i) An “established catalog price” is a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or the offeror, is either published or otherwise available for inspection by customers, and states prices at which sales currently, or were last, made to a significant number of buyers constituting the general public.

(ii) An “established market price” is a current price, established in the usual course of trade between buyers and sellers free to bargain, which can be substantiated from sources independent of the manufacturer or offeror; and

(3) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract are the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.

(b) Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services. If the offeror certifies to the conditions in paragraph (a) of this provision, and the Contracting Officer determines in accordance with FAR 22.1003-4(c)(3) that the Service Contract Labor Standards statute-

(1) Will not apply to this offeror, then the Service Contract Labor Standards clause in this solicitation will not be included in any resultant contract to this offeror; or

(2) Will apply to this offeror, then the clause at 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements, in this solicitation will not be included in any resultant contract awarded to this offeror, and the offeror may be provided an opportunity to submit a new offer on that basis.

(c) If the offeror does not certify to the conditions in paragraph (a) of this provision-

(1) The clause in this solicitation at 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements, will not be included in any resultant contract awarded to this offeror; and

(2) The offeror shall notify the Contracting Officer as soon as possible, if the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation.

(d) The Contracting Officer may not make an award to the offeror, if the offeror fails to execute the certification in paragraph (a) of this provision or to contact the Contracting Officer as required in paragraph (c) of this provision.

(End of provision) 52.225-6 Trade Agreements Certificate (MAY 2014);

Trade Agreements Certificate (May 2014)

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

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

Other End Products: [List here as necessary] Line Item Nos.: ________________

Country of Origin: ________________

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

(End of provision) FAR 52.225-18, Place of Manufacture (AUG 2018)

(a) Definitions. As used in this provision—

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

[ ] (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.

52.225-25 Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran – Representation and Certifications (JUN 2020);

52.252-1 Solicitation Provisions Incorporated by Reference

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): http://acquisition.gov/far/index.html

The following FAR clauses apply to this acquisition:

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);

52.204-13 System for Award Management Maintenance (OCT 2018);

52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016);

52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014);

52.212-4 Contract Terms and Conditions – Commercial Items (OCT 2018);

52.217-7 Option for Increased Quantity – Separately Priced Line Item (MAR 1989);

Option for Increased Quantity-Separately Priced Line Item (Mar 1989) The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within any time prior to expiration of the current performance period. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause) 52.217-8 Option to Extend Services (NOV 1999);

Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within any time prior to purchase order expiration.

(End of clause)

52.217-9 Option to Extend the Term of the Contract (MAR 2000);

Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 1 day; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 5 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 4 years.

(End of clause) 52.232-8 Discounts (FEB 2002);

52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013);

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEVIATION APR 2020);

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS [(DEVIATION APR 2020)]

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

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

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

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

(End of clause)

52.237-2 Protection of Government Buildings, Equipment and Vegetation (APR 1984);

52.247-34 F.o.b. Destination (NOV 1991);

52.252-2 Clauses Incorporated by Reference;

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): http://acquisition.gov/far/index.html

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders (JUL 2020) — Commercial Items including subparagraphs:

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

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020);

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed Debarment (JUN 2020);

52.219-8 Utilization of Small Business Concerns (OCT 2018);

*52.219-9 Small Business Subcontracting Plan (JUN 2020);

52.219-16 Liquidated Damages – Subcontracting Plan (JAN 1999);

52.219-28 Post Award Small Business Program Rerepresentation (MAY 2020);

52.222-3 Convict Labor (JUN 2003);

52.222-19 Child Labor—Cooperation with Authorities and Remedies (JAN 2020);

52.222-21 Prohibition of Segregated Facilities (APR 2015);

52.222-26 Equal Opportunity (SEP 2016);

52.222-35 Equal Opportunity for Veterans (JUN 2020);

52.222-36 Affirmative Action for Workers with Disabilities (JUN 2020);

52.222-37 Employment Reports on Veterans (JUN 2020);

52.222-50 Combatting Trafficking in Persons (JAN 2019);

52.223-18 Contractor Policy to Ban Text Messaging While Driving (JUN 2020);

52.225-5 Trade Agreements (OCT 2019);

52.225-13 Restriction on Certain Foreign Purchases (JUN 2008); and 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (OCT 2018);

52.222-51 Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment – Requirements (MAY 2014);

*NON-SMALL BUSINESS CONCERN OFFERORS MUST SUBIT A SMALL BUSINESS SUBCONTRACTING PLAN

The following Department of Commerce (CAR) provisions and clauses apply to this acquisition. The CAR can be accessed online at http://www.ecfr.gov/cgi-bin/text-idx?SID=6b3121d28d772a0296241b81d731dbf1&mc=true&node=pt48.5.1352&rgn=div5

PROVISIONS:

1352.215-72 Inquiries (Apr 2010)

Offerors must submit all questions concerning this solicitation in writing to the Contract Specialist within six (6) calendar days of the posting. 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 question responses included in the amendment to the solicitation will govern performance of the contract.

1352.233-70 Agency Protests (Apr 2010)

(a) An agency protest may be filed with either: (1) the contracting officer, or (2) at a level above the contracting officer, with the appropriate Protest Decision Authority. See 64 Fed. Reg. 16,651 (April 6, 1999)

(b) Agency protests filed with the Contracting Officer shall be sent…