CSS N00173-25-Q-JD07.pdf

SOLICITATION NO. N00173-25-Q-JD07

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

This is a combined synopsis/solicitation for commercial items, prepared in accordance with the format in Federal Acquisition Regulations (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

Solicitation number N00173-25-Q-JD07 is issued as a request for quotation (RFQ), under FAR subpart 13.5.

Solicitation documents and incorporated provisions are those in effect through Federal Acquisition Circular 2025-04, DPN 20250117 and NMCARS 18-25.

SECTION I: GENERAL INFORMATION

Solicitation Type Request for Quote, following FAR Subpart 13.5 procedures

Solicitation Number N00173-25-Q-JD07

Post Date July, 17 2025

Response Date / Time 30 days

NAICS Code 334516: Analytical Laboratory Instrument Manufacturing

Size Standard 1,000 Employees

Product or Service Code 6640

Set-Aside N/A

Contract Type Firm Fixed-Price (FFP)

Point(s) of Contact Jamie Dixon, Contract Specialist, Jamie.L.Dixon8.civ@us.navy.mil

All changes to this solicitation that occur prior to the closing date will be issued via amendment posted to the announcement, on Government-wide Point of Entry (www.SAM.gov). It is the responsibility of interested Offerors to monitor the announcement for amendments that may be issued to this solicitation.

For changes made after the closing date, only those Offerors that provide a quote will be provided any changes/amendments and considered for future discussions and/or award.

Questions must be submitted to the Point of Contact, no later than seven (7) days after the Posted Date.

SECTION II: REQUIREMENT INFORMATION

The Naval Research Laboratory (NRL), Electronics Science and Technology Division, has a requirement for providing an Electron Beam Evaporator for the automated deposition of metallic thin films onto semiconductor device wafers via blanket deposition or lift-off process. The procured Electron Beam Evaporator must consist of the following components and shall meet or exceed the following minimum specifications:

mailto:Jamie.L.Dixon8.civ@us.navy.mil

1. NRL has a requirement for an electron beam evaporator for the deposition of metallic thin films for semiconductor devices.

A. The primary requirement is for an electron-beam evaporator for the automated deposition of metallic thin films onto semiconductor device wafers via blanket deposition or lift-off processes. The evaporator must be compatible with wafers up to 150 mm in diameter as well as multiple parts as small as 5 mm in length and width. The tool must readily evaporate metals such as Cr, Ti, Ni, Al, Au, Pt, Ag, Cu, V for example. The tool must utilize recipe-driven evaporation procedures and have fully-automated process, e.g. pump down, vent, wafer transfer, pump regeneration, etc. The system must be a commercial product with demonstrated field use.

B. The process chamber must be built with 304L stainless steel. The side plates should be removable to allow for future upgrades and be o-ring sealed while the aluminum front-access door should be hinged and o-ring sealed for maximum access to the chamber and hearth for changing source material and maintenance. The frame should provide for an enclosed base cabinet and instrument rack with removable panels for maintenance. The chamber and load-lock should not have any additional enclosure to allow for easy maintenance. The frame should have caster wheels and leveling feet. The chamber must have a manually operated viewport shutter for easy inspection and must come with two (2) removable 304L stainless steel chamber liners for subsequent cleaning. The base flange should allow for an electron-beam source and ability for two (2) thermal boat assemblies as future potential upgrade. The chamber should have appropriate vacuum gauges that read from atmosphere to 10-9 Torr, e.g. ion and convection gauges. The process chamber should maximize conductance to the high vacuum pump via minimizing pumping distance, e.g. mounting pump directly to chamber by bypassing pumping nipple. A water distribution system with manual shut off valves and interlocked flow switches must be included. A single service drop, e.g. 208 VAC, 60 Hz, three phase (5 wire), connection should supply power to the entire tool and accessories via power distribution unit with EMO protection and appropriate safety interlocks.

C. The main chamber must be pumped using a 1500 L/S or better cryogenic pumping system (Cryo- Torr-8 or equivalent) with water-cooled compressor, 3-position gate valve, 20’ He lines, and automated regeneration capability. The roughing pump must be an oil-free 6.7 cfm or better scroll pump (nXDS10i or equivalent) and be located remotely from system frame. The minimum base pressure of the chamber must be at least 5x10-8 Torr. The chamber pumping and venting process must be fully automated. The foreline should have appropriate vacuum gauge, e.g. convection gauge.

D. The system must have a load lock to transfer up to one 150-mm diameter wafer or multiple smaller substrates via the ability to clip pieces to the holder assembly. The single substrate load lock should be fully-automated with appropriate vacuum gauges and valves. The load lock must have its own high vacuum pump, 67 L/s turbomolecular pump or better, and can share the process chamber scroll pump.

E. The evaporator must have an 8 pocket (12 cc) electron beam source with at least 5 kW solid-state power supply with programmable sweep and automatic crucible indexing. At least sixteen (16) Fabmate crucibles should be included. The source must have a pneumatically actuated shutter. The source should contain no dynamic water-to-vacuum o-ring seals to minimize potential water leaks into the chamber. Further the source should maximize lift-off process by reducing stray and secondary electrons. Uniformity of metal thickness across a 150-mm diameter wafer should be 5% or better. A high voltage discharge hook should be provided for safe system maintenance. The deposition rate and thin film thickness should be monitored via multiple crystal sensors, e.g. one at mid-chamber for rate and one at substrate for thickness, and utilize a closed-loop film thickness controller.

F. The platen should provide rotation (variable, up to 20 rpm) and water cooling to limit substrate temperature for improved lift-off processing. A pneumatically-actuated substrate shutter must be included.

G. The system must be fully-automated via computer control. To avoid issues with computer or software malfunction, a standalone controller should provide equipment automation that is independent of the Windows software user interface. Fully automated, recipe-driven control of evaporation must be provided to include a graphical recipe builder with manufacturer provided stock recipes that can be edited with copy and saving functionality with unlimited recipes and user control with varying security levels. The recipes should allow for selected user input without affecting the overall recipe, e.g. update thin film thickness or rate. Software must run on a Windows-based computer with full HD touch-screen monitor and keyboard with touch pad. The computer must interface with controller to facilitate all vacuum, transfer, maintenance, and deposition process components. The software must contain visual display and control of system status messages, user log-in and log-out, operation mode, and system abort. It must have separate screens for display of full vacuum system and status, water flow switch status, and deposition parameters. The software must chart parameters (up to 10) with datalogging capability.

H. For maintenance, the system should include a complete second set of all shutters and shields as well as a common spares package to include seals, gaskets, substrate holder clips, crystal sensors, etc.

I. All components prior to assembly must be able to fit on a freight elevator with door dimensions of 6’ x 7’ (width x height) and car dimensions of 7.5’ x 8’ (depth x height). Additionally all components must fit through a laboratory door of 42” x 82” (width x height).

J. User manuals for all system components must be included in digital format.

2. Shipping: The probe station system and all accessories must be suitably crated/boxed and shipped to

NRL.

3. Installation and Training: The contractor shall provide on-site installation of the equipment and demonstrate that the system meets the required specifications. The contractor shall also provide on-site training at the time of the installation and demonstration for at least two NRL personnel.

4. Warranty and Support: The contractor shall offer the Government at least the same warranty terms, including offers of extended warranties, offered to the general public in customary commercial practice.

The system must come with at least a 36 month warranty.

The anticipated line item structure, as follows, is based on the items outlined in the specifications located in Attachment 1 – Specifications:

ITEM SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Electron Beam Evaporator 1 Lot $ $

0002 Shipping 1 Lot $ $

0003 Installation 1 Each $ $

0004 Training 1 Each $ $

In accordance with FAR 52.204-22, alternative line items structures that best reflect the Offeror’s practices and proposed items may be submitted.

NOTE: Include estimated delivery, for each CLIN, either as a date or as days after receipt of order

(ARO)

SECTION III: DELIVERY AND OTHER REQUIREMENT INFORMATION

Required Delivery Date: 38 weeks after award

Documentation, to include user’s manuals, etc., shall be delivered at time of delivery of equipment

DELIVERY LOCATION: Receiving Officer

CONTRACT NUMBER: TBD

ATTN: TBD, CODE: TBD

NAVAL RESEARCH LABORATORY

45555 OVERLOOK AVE., SW, WASHINGTON, DC 20375

INSPECTION / ACCEPTANCE: Destination - All items delivered under this action will be inspected/accepted by the Government within thirty (30) days of delivery.

FOB POINT: DESTINATION, Free of expense to the Government, in accordance with FAR 52.247-34.

REQUIREMENTS FOR ON-SITE CONTRACTORS: For those portions of the work performed at any NRL site, the Contractor must comply with the Requirements for On-Site Contractors which are hereby attached in this solicitation in Attachment 2 – Requirements for On-Site Contractors.

Pursuant to DFARS 211.106 contractor employees shall identify themselves as contractor personnel by introducing themselves or being introduced as contractor personnel and displaying distinguishing badges or other visible identification for meetings with Government personnel. In addition, contractor personnel shall appropriately identify themselves as contractor employees in telephone conversations and in formal and informal written correspondence.

SECTION IV: QUOTATION SUBMISSION INFORMATION

FAR 52.212-1, Instructions To Offerors— Commercial Products and Commercial Services (SEP 2023) - AND ADDENDA TO FAR 52.212-1 applies to this acquisition.

FAR 52.212-1 has been tailored to include the following additional instructions:

(a) SUBMISSION: quotes shall be submitted electronically, via email, to the Point(s) of Contact, Jamie Dixon, Jamie.L.Dixon8.civ@us.navy.mil, by the Response Date/Time identified in the General Information Section above. Facsimile quotes are NOT authorized. A confirmation receipt will be provided, but it is the sole responsibility of the Offeror to ensure that its response is received in its entirety and in a timely manner.

(b) QUOTE REQUIREMENTS: Offerors shall submit a quote with their proposed products and pricing, along with product literature, for the items being offered, so that compliance with the specifications can be evaluated. Offerors shall submit documentation that confirms the proposed item(s) meet or exceeds each mailto:Jamie.L.Dixon8.civ@us.navy.mil and all physical, functional, performance requirements and any other terms and conditions specified in this solicitation and its attachment(s). The quote shall also include:

i. Company Information, to include Company Name, Address, Unique Entity ID (UEI) Number and Cage Code, company Point of contact, phone number, email address, and web page URL.

ii. Letter of Authorization – If providing the products/items of another manufacturer as an Authorized Reseller/Partner, the Offeror shall include some form of documentation from the manufacturer illustrating that the Offeror is an Authorized Reseller/Partner.

iii. Warranty - Offeror shall include commercial warranty description and summary in the technical quote, for ease of evaluation, and not as a separate document.

iv. If including a software product in its quote, Offeror shall provide a summary of its standard federal government software license in its technical proposal. The full software license shall be added as an attachment to the technical proposal. If the Offeror does not have a federal government software license, the Contractor shall provide a summary and copy of its commercial software license customarily provided to the public

v. The Offeror shall provide a detailed explanation of (a) how the use of foreign parts will be prevented or minimized, (b) how the impact of any employed foreign parts will be mitigated, and (c) what steps will be taken to protect the system from tampering between system manufacturing and system installation.

vi. Compliance Matrix: Offeror shall include a cross reference chart to show whether the proposed solution meets each of the threshold requirements in the specifications. The chart shall also reference page and section of the technical quote.

vii. System for Award Management (SAM): Offerors must be registered in SAM (www.SAM.gov) in order to be considered for award. Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications – Commercial Items, with its offer.

viii. To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows:

ix. "The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition."

OR

x. "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:"

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

xii. The Offeror shall agree to hold the prices in its offer firm for ninety (90) calendar days from the date specified for receipt of offers.

(c) This procurement is for new equipment ONLY. No remanufactured or "gray market" items are acceptable. All equipment must be covered by the manufacturer's warranty.

(d) Offeror shall be an Original Equipment Manufacturer (OEM), authorized dealer, authorized distributor, or authorized reseller or partner for the proposed equipment/system, such that OEM warranty and service are provided and maintained by the OEM. All software licensing, warranty, and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.

http://www.sam.gov/

(e) The NRL will not authorize, allow, or entertain requests for progress payments, installment payments, or advance payments. All payments will be in accordance with FAR 52.212-4(i) Payment - (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

SECTION V: EVALUATION AND BASIS FOR AWARD

FAR 52.212-2 - EVALUATION - COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021) applies to this acquisition.

(a) The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. A Price/Technical Tradeoff analysis of both price and non-price factors will be conducted in evaluating each quote submitted. Trade-off considerations may result in the determination that it is in the best interest of the Government to award to other than the lowest priced Offeror or other than the highest technically rated Offeror. The following factors listed in descending order of importance shall be used to evaluate offers:

1. TECHNICAL CAPABILITY:

The Government will evaluate quotes based on how well the proposed product(s)s meet the requirement of the Specifications Attachment.

For the purpose of evaluation, Technical Acceptability is defined as meeting all physical, functional, performance, and any other terms and conditions specified in the solicitation and its attachment(s).

General statements, that the Offeror can or will comply with the requirements, that standard procedures will be used, that well known techniques will be used, or that paraphrases the RFQ's specifications in whole or in part, will not constitute compliance with the mandatory requirements concerning the content of the technical quote.

The following table of technical requirements define specific value to the Government. Each requirement will be assessed an adjectival rating of Superior, Acceptable or Unacceptable, based on whether the information submitted both meets and exceeds specifications, meets specifications, or does not meet specifications.

RATING ABBREVIATION DEFINITION

Superior S

The proposal contains no deficiencies or weaknesses. Based on information provided, the offeror demonstrates an understanding of the specifications required and MEETS all specifications AND EXCEEDS some specifications.

Acceptable A The proposal contains no deficiencies or weaknesses. Based on information provided, the offeror demonstrates an understanding of the specifications required and MEETS all specifications.

Unacceptable U

The proposal contains deficiencies, weaknesses, or omissions.

Proposal fails to provide a reasonable, logical approach to fulfilling the government's requirements. Based on information provided, the proposal DOES NOT MEET all specifications.

2. PAST PERFORMANCE – RISK ANALYSIS

The Contracting Officer shall consider data available in the statistical reporting module of the Supplier Performance Risk System (SPRS) in Accordance With (IAW) DFARS 252.204-7024 to evaluate the Offerors performance.

SPRS risk assessments will be considered during the evaluation of quotations/offers received in response to this solicitation, as follows:

(1) Item risk will be considered to determine whether the procurement represents a high performance risk to the Government.

(2) Price risk will be considered in determining if a proposed price is consistent with historical prices paid for a product or a service or otherwise creates a risk to the Government.

(3) Supplier risk, including but not limited to quality and delivery, will be considered to assess the risk of unsuccessful performance and supply chain risk.

RATINGS:

• Low Risk: SPRS Supplier Risk Score of Blue, Purple, or Green, indicating a higher score in SPRS and are therefore, considered to have a lower risk of poor contract performance.

• High Risk: SPRS Supplier Risk Score of Yellow or Red, indicating a lower score in SPRS and are therefore, considered to have a higher risk of poor contract performance

• Neutral: Offerors without a risk assessment in SPRS shall not be considered favorably or unfavorably.

3. PRICE REASONABLENESS

The Government anticipates making a determination of fair and reasonable price based on competitive quotes and price risk data provided in the SPRS. If only one response is received, the Government may use other methods as described at 13.106-3(a)(2). Offerors without a risk assessment in SPRS shall not be considered favorably or unfavorably.

Based on the factors above, Technical Capability is more important than Supplier’s Past Performance and Supplier’s Past Performance is more important than Price Reasonableness.

(b) Award on Initial Responses; Exchanges with Best-Suited Contractor

The Government anticipates selecting the best-suited contractor from initial responses, without engaging in exchanges with Offerors. Offerors are strongly encouraged to submit their best technical solutions and price in response to this RFQ. However, the Government may engage in limited exchanges to clarify certain aspects of quotes. Once the Government determines the contractor that is the best-suited (i.e., the apparent successful contractor), the Government reserves the right to communicate with only that contractor to address any remaining issues and revise quotes, if necessary, and finalize an award with that contractor. These issues may include technical and price. If the parties cannot successfully address any remaining issues, as determined in the sole discretion of the Government, the Government reserves the right to conduct exchanges with the next best-suited contractor and address any remaining issues and revise quotes, if necessary, and finalize an award with that contractor.

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror, within the time for acceptance specified in the offer, shall result in a binding contract, without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

SECTION VI: OFFEROR REPRESENTATIONS AND CERTIFICATIONS

FAR 52.212-3 - OFFEROR REPRESENTATIONS AND CERTIFICATIONS- COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) applies to this acquisition.

Offerors shall have and maintain active annual Representations and Certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov.

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

If paragraph (j*) of the provision applies, a written submission is required:

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly-

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

(2) Outside the United States.

SECTION VII: CONTRACTS TERMS AND CONDITIONS

FAR 52.212-4, CONTRACTS TERMS AND CONDITIONS -- COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES -- (NOV 2023) applies to this acquisition.

SECTION VII(A): ADDITIONAL FAR and DFARS PROVISIONS, INCORPORATED BY

REFERENCE, THAT APPLY TO THIS SOLICITATION:

FAR 52.252-1 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 https://www.sam.gov/ information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address (es):

- Federal Acquisition Regulation (FAR): https://www.acquisition.gov/browse/index/far

- Defense Federal Acquisition Regulation Supplement (DFARS) and Procedures, Guidance, and Information (PGI): https://www.acquisition.gov/dfars

- Department of the Navy Acquisition Regulations (NMCARS):

https://www.acquisition.gov/nmcars

FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (NOV 2024)

FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

FAR 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

FAR 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG

2020)

FAR 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION

SYSTEMS (NOV 2021)

FAR 52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

[Fill-In Firm-Fixed-Price]

FAR 52.225-18 PLACE OF MANUFACTURE (AUG 2018)

DFARS 252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD

OFFICIALS. (SEP 2022)

DFARS 252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE

INFORMATION CONTROLS (OCT 2016)

DFARS 252.204-7017 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICS – REPRESENTATION (MAY 2021)

DFARS 252.204-7019 NOTICE OF NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS NOV

2023)

DFARS 252.204-7024 NOTICE ON THE USE OF THE SUPPLIER PERFORMANCE RISK SYSTEM

(MAR 2023)

DFARS 252.215-7007 NOTICE OF INTENT TO RESOLICIT (JUN 2012)

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/dfars https://www.acquisition.gov/nmcars

DFARS 252.215-7010 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA

OTHER THAN CERTIFIED COST OR PRICING DATA—BASIC (MAY 2024)

DFARS 252.225-7974 REPRESENTATION REGARDING BUSINESS OPERATIONS WITH THE

MADURO REGIME. (DEVIATION 2020-O0005) FEB 2020

DFARS 252.239-7017 NOTICE OF SUPPLY CHAIN RISK (DEC 2022)

DFARS 252.244-7000 SUBCONTRACTS FOR COMMERCIAL PRODUCTS OR COMMERCIAL

SERVICES (NOV 2023)

DFARS 252.246-7007 CONTRACTOR COUNTERFEIT ELECTRONIC PART DETECTION AND

AVOIDANCE SYSTEM (JAN 2023)

DFARS 252.246-7008 SOURCES OF ELECTRONIC PARTS (JAN 2023)

SECTION VII(B): ADDITIONAL FAR AND DFARS PROVISIONS, INCORPORATED BY

FULL TEXT, THAT APPLY TO THIS SOLICITATION:

FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services.

The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

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

(b) Prohibition.

(1) Section 889(a) (1) (A) of the John S. McCain National Defense Authorization Act for Fiscal Year

2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

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

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

https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_25

(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) Representation. 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)

FAR 52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY

PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

Any contract awarded as a result of this solicitation will be □ DX rated order; DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR700), and the Contractor will be required to follow all of the requirements of this regulation.

(End of provision)

FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Control Desk, Code 3200, Bldg. 222, Rm. 115, Naval Research Laboratory, 4555 Overlook Ave., S.W., Washington DC 20375 5326.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

DFARS 252.215-7008 ONLY ONE OFFER (DEC 2022)

(a) Cost or pricing data requirements. After initial submission of offers, if the Contracting Officer notifies the Offeror that only one offer was received, the Offeror agrees to—

(1) Submit any additional cost or pricing data that is required in order to determine whether the price is fair and reasonable (10 U.S.C. 3705) or to comply with the statutory requirement for certified cost or pricing data (10 U.S.C. 3702 and FAR 15.403-3); and

(2) Except as provided in paragraph (b) of this provision, if the acquisition exceeds the certified cost or pricing data threshold and an exception to the requirement for certified cost or pricing data at FAR 15.403- 1(b)(2) through (5) does not apply, certify all cost or pricing data in accordance with paragraph (c) of DFARS provision 252.215-7010, Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data, of this solicitation.

(b) Canadian Commercial Corporation. If the Offeror is the Canadian Commercial Corporation, certified cost or pricing data are not required. If the Contracting Officer notifies the Canadian Commercial Corporation that additional data other than certified cost or pricing data are required in accordance with DFARS 225.870- 4(c), the Canadian Commercial Corporation shall obtain and provide the following:

(1) Profit rate or fee (as applicable).

(2) Analysis provided by Public Works and Government Services Canada to the Canadian Commercial Corporation to determine a fair and reasonable price (comparable to the analysis required at FAR 15.404-1).

(3) Data other than certified cost or pricing data necessary to permit a determination by the U.S.

Contracting Officer that the proposed price is fair and reasonable

Data required may include but limited to current catalog pricing information for the system offered and current sale information providing details on the lowest prices recently paid by other customers for the same or similar system.

(4) As specified in FAR 15.403-3(a) (4), an offeror who does not comply with a requirement to submit data that the U.S. Contracting Officer has deemed necessary to determine price reasonableness or cost realism is ineligible for award unless the head of the contracting activity determines that it is in the best interest of the Government to make the award to that offeror.

(c) Subcontracts. Unless the Offeror is the Canadian Commercial Corporation, the Offeror shall insert the substance of this provision, including this paragraph (c), in all subcontracts exceeding the simplified acquisition threshold defined in FAR part 2.

(End of Provision)

SECTION VII(C): ADDENDA TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS –

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICESITEMS (NOV 2023)

Authorized Government Representative (AGR) for Inspection and Acceptance - *, Code *, Telephone Number:

*, email: *.*@us.navy.mil

(* - To be completed at award.)

SECTION VII(D): FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2024) applies to this acquisition.

https://www.acq.osd.mil/dpap/dars/dfars/html/current/252215.htm#252.215-7010 https://www.acq.osd.mil/dpap/dars/dfars/html/current/225_8.htm#225.870-4 https://www.acq.osd.mil/dpap/dars/dfars/html/current/225_8.htm#225.870-4 mailto:*.*@us.navy.mil

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a) (1) (A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C.

3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108- 78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DOD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

_X_ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (6) [Reserved].

__ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

__ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) (Pub. L. 115–390, title

II).

__ (11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) (Pub. L. 115–390, title II).

__ (ii) Alternate I (Dec 2023) of 52.204-30.

https://www.acquisition.gov/far/part-52#FAR_52_203_19 https://www.acquisition.gov/far/part-52#FAR_52_204_23 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_209_10 https://www.acquisition.gov/far/part-52#FAR_52_232_40 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.acquisition.gov/far/part-52#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/4655 https://www.acquisition.gov/far/part-52#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_15 https://www.acquisition.gov/far/part-52#FAR_52_203_17 https://www.govinfo.gov/link/uscode/41/4712 https://www.acquisition.gov/far/part-3#FAR_3_900 https://www.acquisition.gov/far/part-52#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_204_14 https://www.acquisition.gov/far/part-52#FAR_52_204_15 https://www.acquisition.gov/far/part-52#FAR_52_204_27 https://www.acquisition.gov/far/part-52#FAR_52_204_28 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/part-52#FAR_52_204_30 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/part-52#FAR_52_204_30

__ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).

__ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (14) [Reserved].

__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).

__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (17) [Reserved] __ (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

_X_ (20) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d) (2) and (3)).

__ (21) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (15 U.S.C. 637(d) (4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Sep 2023) of 52.219-9.

__ (22) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

__ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637s).

__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d) (4) (F) (i)).

__ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

__ (26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (FEB 2024) (15 U.S.C. 632(a) (2)).

__ (ii) Alternate I (Mar 2020) of 52.219-28.

__ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

__ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).

__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

__ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a) (17)).

_X_ (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_X_ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2024).

__ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__ (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

_X_ (35) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

__ (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

https://www.acquisition.gov/far/part-52#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_6 https://www.acquisition.gov/far/part-52#FAR_52_219_7 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_7 https://www.acquisition.gov/far/part-52#FAR_52_219_8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_13 https://www.acquisition.gov/far/part-52#FAR_52_219_14 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_16 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_27 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_28 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_28 https://www.acquisition.gov/far/part-52#FAR_52_219_29 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_30 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_32 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.acquisition.gov/far/part-52#FAR_52_219_33 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm https://www.acquisition.gov/far/part-52#FAR_52_222_3 https://www.acquisition.gov/far/part-52#FAR_52_222_19 https://www.acquisition.gov/far/part-52#FAR_52_222_21 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_35…