CSS -Steel Parts.pdf

THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS PREPARED

IN ACCORDANCE WITH THE FORMAT IN FAR SUBPART 12.6, STREAMLINED

PROCEDURES FOR EVALUATION AND SOLICITATION FOR COMMERCIAL ITEMS, AS

SUPPLEMENTED WITH ADDITIONAL INFORMATION INCLUDED IN THIS NOTICE. THIS

ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTATIONS ARE BEING

REQUESTED, AND A SEPARATE WRITTEN SOLICITATION DOCUMENT WILL NOT BE

ISSUED. THIS SOLICITATION IS BEING ISSUED USING SIMPLIFIED ACQUISITION

PROCEDURES UNDER THE AUTHORITY OF FAR PART 13 FOR CERTAIN COMMERCIAL

ITEMS.

The Request for Quotations (RFQ) number is 1333ND20QNB730254. This synopsis/solicitation constitutes a RFQ and incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2020-05 effective March 30, 2020.

1352.215-72 INQUIRIES (APR 2010)

Offerors must submit all questions concerning this solicitation in writing to the contract specialist by 5:00 PM (ET) on May 5, 2020. 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.

(end of provision)

The Government does not intend to respond to questions or inquiries submitted after the cutoff date identified above. The Government will collect all questions and inquiries, incorporate responses and distribute to all Offerors through an amendment to this solicitation via beta.sam.gov.

If further questions arise following the outcome of answers provided to initial questions, the CO has sole discretion to determine if a new question closing date will be allowed. If a new question closing date is approved notification will be sent to all offerors via amendment to the beta.sam.gov notice.

The associated North American Industrial Classification System (NAICS) code for this procurement is 332312 with a small business size standard of 500 employees.

This requirement is 100% set aside for small business.

REQUIREMENTS:

Offeror shall provide a firm fixed price (FFP) quotation for the following line items: (All components must be new. Used or refurbished components will not be considered for award). The use of “gray market” components not authorized for sale in the U.S. by the proposer is not acceptable.

Contract Line Item Number

(CLIN)

QTY UNIT PRICE TOTAL

CLIN 0001 –

Drawing No. A1 - The Contractor shall provide all engineering, labor, material, design, fabrication, and delivery of components, in accordance with the attached Statement of Work, and in accordance with the attached NIST Figures and Drawings.

CLIN 0002 –

Drawing No. A2 - The Contractor shall provide all engineering, labor, material, design, fabrication, and delivery of components, in accordance with the attached Statement of Work, and in accordance with the attached NIST Figures and Drawings.

CLIN 0003 –

Drawing No. A3 - The Contractor shall provide all engineering, labor, material, design, fabrication, and delivery of components, in accordance with the attached Statement of Work, and in accordance with the attached NIST Figures and Drawings.

CLIN 0004 –

Drawing No. A4 - The Contractor shall provide all engineering, labor, material, design, fabrication, and delivery of components, in accordance with the attached Statement of Work, and in accordance with the attached NIST Figures and Drawings.

CLIN 0005 –

Drawing No. A5 - The Contractor shall provide all engineering, labor, material, design, fabrication, and delivery of components, in accordance with the attached Statement of Work, and in accordance with the attached NIST Figures and Drawings.

CLIN 0006 –

Drawing No. A6 - The Contractor shall provide all engineering, labor, material, design, fabrication, and delivery of components, in accordance with the attached Statement of Work, and in accordance with the attached NIST Figures and Drawings.

CLIN 0007 –

Drawing No. A7 - The Contractor shall provide all engineering, labor, material, design, fabrication, and delivery of components, in accordance with the attached Statement of Work, and in accordance with the attached NIST Figures and Drawings.

Total $

NOTE: Perceived discrepancies between written specifications and the attached drawings must be resolved by submitting a written question per the inquiries clause above.

LIST OF ATTACHMENTS:

The following drawings are hereby provided as attachments. The purpose of these attachments is for reference and to provide specification requirements to the Contractor for quotation purposes only.

All attachments included in this solicitation are owned by the Government and shall not be reproduced, released, distributed, or otherwise utilized for any purpose other than submission of a quotation and the execution of the required work without the prior written approval of the NIST Contracting Officer.

Attachment #1: Statement of Work Attachment #2: Appendix A Attachment #3: Past Performance Questionnaire Template

PAYMENT SCHEDULE:

The Contractor shall be paid, in accordance with Net 30-day payment terms, upon receipt and acceptance of a proper invoice, in accordance with the following schedule:

1. 100% after receipt and acceptance by the NIST Technical Point of Contact of all deliverables.

NOTE: Alternate payment schedules shall be submitted with offeror’s response to the RFQ for consideration. An offeror’s quotation will not be rejected if an alternate payment schedule is not proposed.

INSTRUCTIONS TO OFFERORS:

Quotations are due by 12:00 PM (ET) on May 11, 2020. The CO reserves the right to revise any quotation due dates as required. The Offeror's quotation shall be submitted in electronic format compatible with MS Office or Adobe PDF to January.Magyar@nist.gov and Lynda.Horton@nist.gov.

Quotations received after the prescribed date and time will be considered late and will not evaluated.

Quotations shall conform to the instructions identified herein, and the evaluation factor submittal requirements. Furthermore, quotations shall consist of one attachment per part. Significant deviation may result in the possible exclusion of such quotation from further consideration or may be reflected in the overall evaluation of the quotation.

mailto:January.Magyar@nist.gov mailto:Lynda.Horton@nist.gov

Failure to comply with the terms and conditions of this RFQ may result in the Offeror's quotation being removed from consideration for award. The quotation must include page numbers and be clearly and concisely written. Submission of quotations in response to this RFQ assumes the Offeror agrees to all terms and conditions unless specifically excepted in offeror's quotation.

General:

The quotation shall be submitted in electronic format, via email to January.Magyar@nist.gov and Lynda.Horton@nist.gov. To aid in evaluation, the quotation shall be clearly and concisely written as well as being neat, indexed (cross-indexed as appropriate) and be assembled according to the provisions in this section. All pages of each part shall be appropriately numbered and identified with the name of the Offeror, the date, and the solicitation number 1333ND20QNB730254.

The quotation shall be typed, with one inch margins, using a fixed font, 12 pitch type (or equivalent), unreduced in size, on 8-1/2" by 11" paper, not exceeding 15 pages, single sided, exclusive of Volume I, resumes, designs and drawings, representations and certifications, and other administrative documentation such as a one-page cover page and table of contents or list of tables/figures. Actual tables/graphics/figures are NOT included in the page limit. Any pages in excess of 15 will be disregarded and will not be included in the quotation evaluation.

It is the responsibility of the Offeror to confirm and maintain receipt of quotation delivery date and time and ensure delivery is on time.

Overall Arrangement of Quotation:

Volume I: Business Quotation:

(A) Volume I must include required representations, certifications, and acknowledgments of amendments;

identification of technical data to be withheld; and any other administrative information.

The Freedom of Information Act (FOIA) and its amendments have resulted in an increasing number of requests from outside the Government for copies of offeror qualifications and quotations submitted to Federal agencies. If an offeror's submissions contain information that they believe should be withheld from such requestors under FOIA on the grounds that they contain "trade secrets and commercial or financial information" [5 USC§552(b)(4)], the offeror shall mark its submissions in the following manner:

The following notice should be placed on the title page: "Some parts of this document, as identified on individual pages, are considered by the submitter to be privileged or confidential trade secrets or commercial or financial information not subject to mandatory disclosure under the Freedom of Information Act. Material considered privileged or confidential on such grounds is contained on page(s) "

Each individual item considered privileged or confidential under FOIA should be marked with the following notice: "The data or information is considered confidential or privileged and is not subject to mandatory disclosure under the Freedom of Information Act".

(B) Format and Content. Volume I shall include the following:

i. The solicitation number 1333ND20QNB730254.

ii. The name, address, e-mail addresses and telephone numbers of the Offeror;

mailto:January.magyar@nist.gov mailto:Lynda.Horton@nist.gov

iii. Names, titles, and telephone numbers of persons authorized to negotiate on the Offeror's behalf with the Government in connection with this solicitation;

iv. Name, title, and signature of person authorized to sign the quotation. Quotations signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office;

v. Any other business or administrative information that the Offeror wishes to include in its quotation.

vi. Use of the offerors standard quotation template is acceptable, and may be used as the cover sheet (or first page) of Volume I. Include one (1) signed copy of the form in Volume I. The person signing this document must have the authority to commit the Offeror to all of the provisions of the quotation.

vii. The Dun and Bradstreet Number for the offerors active registration at the System for Award Management, (www.SAM.Gov) website. Offerors required to be active in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, resulting from this solicitation;

If the offeror’s representations and certifications do not reflect the NAICS code governing this solicitation, offerors must submit documentation of their business size under the NAICS code governing this solicitation.

viii. Acceptance Period - The acceptance period entered on the Quotation Form by the Offeror shall not be less than 120 days

Volume II: Technical Quotation:

General:

(A) Volume II must consist of the Offeror’s response to the technical and management aspects of the acquisition. It shall indicate your organization's capabilities and the means that the Offeror intends to use to satisfy the requirements of the Statement of Work (SOW), of this solicitation.

It will be evaluated in accordance with the criteria contained below, identified as Evaluation Criteria, of the solicitation and it shall be specific and complete in every detail. The quotation must be practical and be prepared simply and economically, providing straightforward, concise delineation of what it is you will do to satisfy the requirements of the Statement of Work.

The quotation shall not merely offer to perform the work in accordance with the Statement of Work but shall outline the approach proposed as specifically as practicable. A quotation that includes a mere repetition of the SOW, may not be considered further for award.

In order that Volume II may be evaluated strictly on the merit of the material submitted, no cost/price information is to be included in Volume II.

(B) Format. Volume II shall include:

i. Table of Contents;

ii. List of Tables and Figures;

iii. Technical Discussion. The technical discussion section should be the major portion of Volume II.

It shall include two separate parts (A and B, as structured below). Offerors shall confine information pertaining to each part to its appropriate part.

Separate Parts:

Part A: Technical Approach:

The Offeror shall document qualifications and capabilities of facilities and personnel to meet the specification requirements. All weaknesses/deficiencies relative to the specification requirements must be clearly documented. Specifically, the Offeror shall:

a. Identify the Fabricator where the required products would be fabricated and provide documentation of qualifications. Specifically, the fabricator (contractor) must be certified through the American Institute of Steel Construction (AISC) as a Certified Building Fabricator (BU, formerly STD).

Fabricators also meeting AISC’s bridge certifications (Certified Bridge Fabricator – Simple (SBR), Certified Bridge Fabricator – Intermediate (IBR), and/or Certified Bridge Fabricator – Advanced (ABR)) are preferred. The Offeror must provide documentation of all AISC certifications. The Offeror shall provide documentation to verify the specified in Section 3.5 (“Quality Assurance”).

b. Describe the equipment and procedures that would be used to achieve the exacting fabrication tolerances specified in Section 3.7.1.

Part B: Past Performance:

For the Fabricator, the offeror shall provide documentation of past performance

Offerors shall submit past performance information in the form of completed Past Performance Questionnaires. The attachment (Attachment C) to the RFQ titled “Past Performance Questionnaire Template” shall be used. Offerors shall have their references complete the questionnaire for individual contracts under which the offeror previously performed. The offeror shall then submit the questionnaires (completed by their references) as attachments to the quotation. The Offeror’s references shall not submit completed questionnaires directly to the government. The Offeror must submit the questionnaires completed by their references, as attachments to the quotation.

Offerors are directed to provide completed Past Performance Questionnaires on no more than five (5) of the Offeror’s most recently completed Federal Government contracts for services similar in scope to those of this requirement, for work completed or substantially completed within the last three (3) years. If the Offeror performed as a subcontractor under a given previous effort, the offeror should also clearly indicate the percentage of work that the Offeror performed under each task/category of effort throughout the course of the contract.

Volume III: Price Quotation:

The offeror shall submit one copy of the completed priced schedule quotation. The pricing quotation shall be separate from any other portion of the quotation. The offeror shall propose a firm fixed-price, FOB Destination for each CLIN. Offeror shall state warranty coverage. Price quotations shall remain valid for a period of 120 days from the date quotations are due.

Evaluation Factors:

Award will be made to the offeror whose quotation conforms to the solicitation requirements; who are determined to be responsible in accordance with the FAR by possessing the financial and other capabilities to fulfill the requirements of the contract; and provides the overall best value to the Government, cost/price and other factors considered.

The Government reserves the right to make an award to other than the lowest-priced offeror(s) or to the offeror(s) with the highest technical rating if the contracting officer determines that to do so would result in the best value to the Government.

Each quotation will be evaluated against the factors described below. An offeror’s failure to address any factor may be considered indicative of the offerors lack of understanding of the Government's requirements and may result in the offer being determined unacceptable.

Quotations will be evaluated based on the factors identified below:

A. Technical Capability B. Past Performance C. Price

Non-price factors A and B, when combined, will be considered equal in importance to Factor C- Price. The factors that will be considered in evaluating the quotation have been tailored to this acquisition and include only those factors that will have an impact on the selection decision.

Part A: Technical Capability:

NIST will evaluate the quotation on the following:

The extent to which the offeror’s quotation demonstrates its understanding of the requirements for fabrication of the required components; the soundness and feasibility of the offeror's proposed approach in efficiently and effectively performing the requirements; and the extent to which the quotation fully describes the offeror’s proposed approach to providing the services to successfully perform the requirements identified in the attached Statement of Work.

Further, the Government will evaluate and confirm the offerors proposed fabricator is a firm that complies with the following requirements:

1. Certified and participates in the American Institute of Steel Construction’s (AISC’s) Certification program at the time of bidding and is certified through the AISC as a Certified Building Fabricator (BU, formerly STD). Fabricators also meeting AISC’s bridge certifications (Certified Bridge Fabricator – Simple (SBR), Certified Bridge Fabricator – Intermediate (IBR), and/or Certified Bridge Fabricator – Advanced (ABR)) and is compliant with all requirements specified in Section 3.5 (“Quality Assurance”).

Part B: Past Performance:

The evaluation of past performance information will consider the extent to which the Offeror’s past performance demonstrates the capability and capacity to provide high quality services for work that was completed or substantially completed within the last three (3) years). The term “Offeror” here is defined as the prime contractor and any of its proposed subcontractors. The Government may evaluate Past Performance Information Questionnaires that are submitted, and any past performance information that the Offeror provides in its technical quotation. The Government may also use data obtained from other sources. The Government will consider the relevance of the Offeror’s previous contracts to the subject requirement, and the Offeror’s performance on the previous contracts. Offerors without a record of relevant past performance or for whom information on past performance is not available, will not be evaluated favorably or unfavorably on Past Performance, and will be assigned a neutral rating. The Past Performance Information Questionnaire can be found as an attachment to the solicitation.

Part C: Price:

The Government will evaluate prices to determine whether they are fair and reasonable, and have complied with the pricing instructions in this solicitation

INSTRUCTIONS TO OFFERORS:

FAR 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (MAR 2020)

(Reference FAR 12.301(b)(1))

PROVISIONS AND CLAUSES:

The following provisions and clauses apply to this acquisition. Those incorporated by reference may be found at the following:

All Federal Acquisition Regulation (FAR) clauses may be viewed at:

https://www.acquisition.gov/?q=browsefar.

All Commerce Acquisition Regulation (CAR) clauses and provisions can be accessed at:

http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl.

PROVISIONS

FAR 52.252-1 Solicitation Provisions Incorporated by Reference.

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will 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): www.acquisition.gov/far (Federal Acquisition Regulation (FAR)) and https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl (Commerce Acquisition Regulation - (CAR))

Provisions incorporated by Reference

FAR 52.204-7 System for Award Management FAR 52.204-16 Commercial and Government Entity Code Reporting https://www.acquisition.gov/?q=browsefar http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl http://www.acquisition.gov/far https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl

FAR 52.204-17 Ownership or Control of Offeror FAR 52.204-18 – Commercial & Government Entity Code Maintenance FAR 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations – Representation FAR 52.212-1 Instructions to Offerors—Commercial Items FAR 52.212-3 Offeror’s Representations and Certifications-Commercial Items, Except Paragraph (s) FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran

In accordance with FAR 52.212-3 Offeror Representations and Certifications – Commercial Items, the offeror must complete annual representations and certifications on-line at www.SAM.Gov.

Provisions incorporated in Full Text

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation (Jan 2017)

(a) Definition. As used in this provision-- “Internal confidentiality agreement or statement”, “subcontract”, and “subcontractor”, are defined in the clause at 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(b) In accordance with 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), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(c) The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) Representation. By submission of its offer, the Contractor represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(End of provision)

FAR 52.204-20 Predecessor of Offeror

(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 NATO’s Support 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)

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

(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) 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.

(d) Disclosures. If the Offeror has responded affirmatively to the representation in paragraph (c) of this provision, the Offeror shall provide the following information as part of the offer

(1) 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).

FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.

(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.

FAR 52.225-2 Buy American Act

BUY AMERICAN CERTIFICATE (MAY 2014)

(a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American-Supplies.”

(b) Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

(c) The Government will evaluate offers in accordance with the policies and procedures of part 25 of the Federal Acquisition Regulation.

(End of provision)

CAR 1352.233-70 Agency Protests

(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 agency Protest Decision Authority. See 64 Fed. Reg. 16,651 (April 6, 1999)

(b) Agency protests filed with the Contracting Officer shall be sent to the following address:

NIST/ACQUISITION MANAGEMENT DIVISION

ATTN: LYNDA HORTON, CONTRACTING OFFICER

100 Bureau Drive, MS 1640 Gaithersburg, MD 20899

(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address:

NIST/ACQUISITION MANAGEMENT DIVISION

ATTN: HEAD OF THE CONTRACTING OFFICE (HCO)

100 Bureau Drive, MS 1640 Gaithersburg, MD 20899

(d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority.

(e) Service upon the Contract Law Division shall be made as follows:

U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893, Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W. Washington, D.C. 20230.

FAX: (202) 482-5858

CAR 1352.233-71 GAO and Court of Federal Claims Protests https://www.acquisition.gov/content/part-25-foreign-acquisition#i1093771

(a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed.

(b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims.

(c) Service upon the Contract Law Division shall be made as follows:

U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W.

Washington, D.C. 20230.

FAX: (202) 482-5858

CLAUSES

Clauses incorporated by Reference

FAR 52.252-2 Clauses Incorporated by Reference.

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):

Federal Acquisition Regulation (FAR): www.acquisition.gov/far/ Commerce Acquisition Regulation (CAR): http://www.ecfr.gov/cgi-bin/text-idx?SID=8b5f22b07c12a52e8b29841ad60f1fd9&mc=true&tpl=/ecfrbrowse/Title48/48chapter13.tpl

FAR 52.204-13 System for Award Management Maintenance FAR 52.204-18 Commercial and Government Entity Code Maintenance FAR 52.204-19 Incorporation by Reference of Representations and Certifications FAR 52.212-4 Contract Terms and Conditions—Commercial Items FAR 52.232-39 Unenforceability of Unauthorized Obligations FAR 52.247-37 F.o.b. Destination, Within Consignee’s Premises

CAR 1352.201-70 Contracting Officer’s Authority 1352.209-73 Compliance with the Laws 1352.209-74 Organizational Conflict of Interest

1352.246-70 – Place of Acceptance

(a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract.

(b) The place of acceptance will be:

100 Bureau Drive, Gaithersburg, MD. 20899

Clauses incorporated in Full Text http://www.acquisition.gov/far/ http://www.ecfr.gov/cgi-bin/text-idx?SID=8b5f22b07c12a52e8b29841ad60f1fd9&mc=true&tpl=/ecfrbrowse/Title48/48chapter13.tpl http://www.ecfr.gov/cgi-bin/text-idx?SID=8b5f22b07c12a52e8b29841ad60f1fd9&mc=true&tpl=/ecfrbrowse/Title48/48chapter13.tpl https://www.acquisition.gov/content/52247-35-fob-destination-within-consignee%E2%80%99s-premises

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019)

(a) Definitions. As used in this clause—

“Covered foreign country” means The People’s Republic of China.

“Covered telecommunications equipment or services” means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

“Critical technology” means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

“Substantial or essential component” means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(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. The Contractor is prohibited from providing to the Government 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in Federal Acquisition Regulation 4.2104.

(c) Exceptions. This clause does not prohibit contractors 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.

(d) Reporting requirement.

(1)In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known);

supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description;

and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause:

any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered https://www.acquisition.gov/content/42104-waivers#id1989GI040ZO https://dibnet.dod.mil/ https://dibnet.dod.mil/ telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

FAR 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Oct 2019)

(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 items:

(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 and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 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 items:

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

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

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_203-19 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id189A70O0P1N https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#unique_44939065 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062680 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048661 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048698 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063319 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063504 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063607

_XX_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

XX (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

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

__ (10) [Reserved].

__ (11)

(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Jan 2011) of 52.219-4.

__ (13) [Reserved]

_XX_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C.644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)

(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064087 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064214 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064243 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062590 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062651 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057314 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057314 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057352 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057352 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057393 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057419 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057419 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057419 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-8

__ (17)

(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (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 (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Aug 2018) of 52.219-9

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C.637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2019) (15 U.S.C. 657f).

_XX_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 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 (Dec 2015) (15 U.S.C. 637(m)).

_XX_ (25) 52.222-3, Convict Labor (June 2003) (E.O.11755).

_XX_ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Oct 2019) (E.O.13126).

_XX_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_XX___ (28) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

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

__ (29) (i) 52.222-35, Equal Opportunity for Veterans…