RFQ NB184000-23-00780 Amd 01.pdf

THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

PREPARED IN ACCORDANCE WITH THE FORMAT IN SUBPART 12.6 STREAMLINED

PROCEDURES FOR EVALUATION AND SOLICITATION FOR COMMERCIAL ITEMS,

AS SUPPLEMENTED WITH ADDITIONAL INFORMATION IN THIS NOTICE. THIS

ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTES ARE BEING

REQUESTED AND A WRITTEN SOLICITATION WILL NOT BE ISSUED.

This solicitation is a Request for Quote RFQ. RFQ number is NB1840002300780. This is a combined synopsis solicitation conducted under FAR 12.6 and 13.106 and procedures from FAR 15 will not be used. This synopsis/solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2023-01 dated 12/30/2022.

The associated North American Industrial Classification System (NAICS) code for this procurement is 335999 All Other Miscellaneous Electrical Equipment and Component Manufacturing, which has a size standard of 500 Employees.

This combined synopsis/solicitation is a 100% Total Small Business set-aside.

Defense Priorities and Allocations Systems (DPAS) and assigned rating is not applicable to this request for quote (RFQ).

Offerors must submit all questions concerning this solicitation in writing, via email, to the Contracting Officer, Clifford Nicholson at clifford.nicholson@nist.gov .Questions should be received no later than five (5) calendar days after the issuance date of this solicitation. All responses to the questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, the question responses included in the amendment to the solicitation will govern performance of the contract.

Background/Scope:

The National Institute of Standards and Technology (NIST) Communications Technology Laboratory (CTL) has a requirement for replacement of existing batteries with new BRAND NAME EnerSys batteries in four (4) banks of an uninterrupted power supply (UPS) installed in the Boulder Computing Facility (BCF), located at the NIST Boulder site. The requirement is for a full removal, replacement, and disposal of the existing batteries. This shall be provided in accordance with the Statement of Work document attached herein.

mailto:clifford.nicholson@nist.gov

All offerors shall provide a firm fixed price (FFP) quotation for the following line item: (All equipment must be new. Used, refurbished, prototype, or remanufactured will not be considered for award).

Contract Line Item Number (CLIN)

QTY UNIT UNIT

PRICE

APPLICABLE

DISCOUNTS

TOTAL

CLIN 0001 – New BRAND NAME EnerSys replacement batteries for BCF UPS to include associated removal, replacement, and disposal services in accordance with the NIST Statement of Work attached herein.

LT

Minimum Requirements The system shall meet or exceed the minimum requirements identified below. All line items shall be shipped in the original manufacturer’s packaging and include all original documentation, when applicable.

CLIN 0001: Quantity of one (1) BRAND NAME EnerSys BCF UPS battery replacement which meets or exceeds the minimum requirements identified below:

• Task 1 – Deliver all Batteries Task requirement 1: All batteries must arrive on site Task requirement 2: All batteries must meet the conditional requirements defined in this statement of work

• Task 2 – Remove and Replace Batteries in Battery Banks 1,2,3,4

Task requirement 1 Disconnect existing battery from charging system.

Task Requirement 2: Disconnect and remove existing battery connections and batteries.

Task requirement 3: Install new battery.

Task requirement 4: Re-install battery connections Task requirement 5: Torque inter-cell/jar and inter-tier terminal connections as necessary per OEM specifications.

Task requirement 6: Connect battery to charging system Task requirement 7: Reconnect battery to battery monitoring solution Task requirement 8: Verify/adjust charging system to proper float voltage per OEM battery specification sheet.

Task requirement 9: Complete battery maintenance data sheet

• Task 3 – Perform all Required UPS Calibration

Task requirement 1 – All calibration steps must be performed per UPS OEM requirements.

Inspection and Acceptance

In addition to the inspection and acceptance terms articulated in 52.212-4, the Government reserves the right to perform such performance tests and evaluations as defined below to verify specified system performance. Such tests and evaluations, if performed, shall be conducted within the environment that the system is to be operated. The Contractor has the right to be present during the tests and evaluations, if performed, at the Contractor’s expense.

Inspection and acceptance shall occur within seven (7) business days after complete delivery, installation, and UPS calibration at NIST.

A visual inspection of the UPS system will be performed by the NIST TPOC to confirm defect-free replacement and integration. The Government shall have sole discretion to require repair or replacement of damaged and/or nonconforming supplies at no cost to the Government. The Government at any time prior to acceptance shall reject the batteries or replacement due to defects and/or nonconformance. The vendor is responsible for latent defects discovered any time after final inspection.

The place of acceptance shall be:

NIST: Shipping/Receiving 325 Broadway Boulder, CO 80305

Ownership (title) of the batteries and miscellaneous support materials shall transfer to NIST upon acceptance.

Delivery

Delivery shall be FOB DESTINATION and shall occur not later than (NLT) 30 weeks ARO.

FOB Destination means: The contractor shall pack and mark the shipment in conformance with carrier requirements, deliver the shipment in good order and condition to the point of delivery specified in the purchase order, be responsible for any loss of and/or damage to the goods occurring before receipt and acceptance of the shipment by the consignee at the delivery point specified in the purchase order; and pay all charges to the specified point of delivery.

The contractor shall deliver all Line Items (in accordance with the specifications document) to:

The National Institute of Standards and Technology 325 Broadway Boulder, CO 80305 cwn2 Highlight

Warranty

The contractor shall warrant the entire system in accordance with the Statement of Work document attached herein. Warranty shall commence after receipt and acceptance of the equipment and shall be in accordance with terms in FAR 52.212-4.

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 TPOC of fully delivered system.

2. The Government anticipates inspection will occur upon:

a. After the inspection/acceptance procedures set forth in this document have been complete

NOTE: Partial shipments and partial invoices will not be accepted, unless otherwise requested and accepted by the Contracting Officer prior to award offer. Proposed payment schedules shall be submitted with vendor’s response to the RFQ for consideration.

52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (OCT 2016)

And the attached addendum, applies to this acquisition.

The provision at 52.212-2, Evaluation—Commercial Items, as modified applies to this acquisition.

Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications—Commercial Items, with its offer. Offerors shall have an active registration at www.sam.gov .

The clause at 52.212-4, Contract Terms and Conditions—Commercial items, applies to this acquisition.

The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, applies to this acquisition as noted in the attached.

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors 52.219-28, Post Award Small Business Program Representation 52.222-3, Convict Labor 52.222-19, Child Labor – Cooperation with Authorities and Remedies 52.222-21, Prohibition of Segregated Facilities 52.222-26, Equal Opportunity 52.222-36, Equal Opportunity for Workers with Disabilities http://www.sam.gov/

52.222-50, Combating Trafficking in Persons 52.223-18, Contractor Policy to Ban Text Messaging While Driving 52.225-13, Restrictions on Certain Foreign Purchases 52.232-33, Payment by Electronic Funds Transfer

(i) The following additional contract requirement(s) and additional terms and conditions are necessary for this acquisition and consistent with customary commercial practices are as follows:

1. All communications and documents must include the RFQ # NB184000-23-00780 and Subject Title: BCF UPS battery replacement

2. Buy American Act (FAR 52.225-1) and price preference for domestic items over $10K applies.

3. The quotations shall include the following information:

a. Information enough to demonstrate you can meet or exceed the requirements in the Specifications.

b. Firm fixed price quote.

c. If item(s) are manufactured outside the United States, provide the country of origin / manufacture in the quote

d. Payment Terms: Net 30.

e. Delivery of goods and installation shall be completed earlier than, but no later than 30 weeks after receipt of Purchase Order. Installation and configuration within two (2) weeks of goods delivery. Specific timeframes are as defined in the Statement of Work’s Items and/or item-related services section.

f. FOB Destination including shipping cost for delivery to:

DOC – NIST

325 Broadway Boulder, CO 80305-3328

g. Delivery point of contact will be provided upon award. (NIST reserves the right to ship using the NIST Account.)

h. Company DUNS No. and Unique Entity Identification (UEI). In order to be eligible for this award, the Offeror must have and maintain an active registration at the System for Award Management at www.sam.gov, and have completed Representations and Certifications therein for the specified NAICS code, or submit separate Representations and Certifications if the specified NAICS code is not listed in their SAM registration.

i. Inspection: Inspection and Acceptance is expected to take 7 business days.

The following addenda has been attached to this provision:

FAR 52.212-1, INSTRUCTION TO OFFERORS-COMMERCIAL ITEMS

Instructions:

http://www.sam.gov/ cwn2 Highlight

Offerors shall submit their quotations so that NIST receives them not later than 2:00 PM Mountain Standard Time on 02/27/2023. FAX quotations shall not be accepted. E-mail quotations shall be accepted at clifford.nicholson@nist.gov and lia.arthofer@nist.gov.

Please reference the RFQ number (NB1840002300780) in the subject line of email communications and packages mailed. Offerors’ quotations shall not be deemed received by the Government until the quotation is entered in the e-mail box set forth above.

Quotation Submission Requirements:

1). Price Quotation:

The offeror shall submit a one (1) original copy of the completed price quotation electronically to clifford.nicholson@nist.gov . Pricing quotation shall be separate from any other portion of the quotation. The offeror shall provide a firm-fixed-price, FOB Destination is required, for each CLIN. Price quotations shall remain valid for a period of 90 days from the date quotations are due.

2). Technical Quotation:

The technical quotation shall address the following:

Technical Capability: The offeror shall submit a technical description, product literature, and/or drawings for the system it is proposing, which clearly identifies each requirement listed above.

The offeror must demonstrate that its proposed system meets or exceeds each minimum requirement described above, by providing a citation to the relevant section of its technical description or product literature. The contractor must not simply state they will meet the requirement; evidence must be provided. If applicable, evidence that the Offeror is authorized by the original provider to provide the item(s) in the quotation should be included.

3). Acceptance of RFQ terms and conditions:

This is an open-market solicitation for equipment as defined herein. The Government intends to award a Purchase Order as a result of this solicitation that will include the clauses set forth herein. The quotation should include one of the following statements:

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

OR

mailto:clifford.nicholson@nist.gov mailto:lia.arthofer@nist.gov mailto:clifford.nicholson@nist.gov

“The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:

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

Note: This procurement is not being conducted under the GSA Federal Supply Schedule (FSS) program or another Government-Wide Area Contract (GWAC). If an offeror submits a quotation based upon an FSS or GWAC contract, the Government will accept the quoted price.

However, the terms and conditions stated herein will be included in any resultant Purchase Order, not the terms and conditions of the offeror’s FSS or GWAC contract, and the statement required above shall be included in the quotation.

4). The Unique Entity Identification (UEI number) for the quoter’s active System for Award Management (SAM) registration. Quoters must have an active registration at www.SAM.Gov to receive an award.

5). Quoters shall include a completed copy of the below provisions, “Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2015)” with their quotation.

FAR 52.212-2, EVALUATION - COMMERCIAL ITEMS (Oct 2014)

The specific evaluation criteria to be included in paragraph (a) of that provision are as follows:

The Government intends to award a single purchase order (PO) from this solicitation utilizing simplified acquisitions procedures in accordance with FAR part 13. The Government reserves the right not to award a PO and to make an award without discussions based solely upon initial quotes.

EVALUATION CRITERIA:

An award shall be made to the offeror whose quotation is deemed to be the best value to the Government. The Government will evaluate quotations based on the following evaluation factors: 1) Technical Capability, 2) Schedule/Delivery, 3) Experience, and 4) Price. All factors other than price, when combined, are more important than price

Factor I, Technical Capability:

1. Submittal Requirements

1.1 Contractors shall submit Technical Capability documentation which may include a narrative, charts, graphs, tables, and drawings. Technical Capability is defined as the contractor's demonstration of resources and capability to successfully conduct the requirements. The technical capability documentation should clearly describe, in sufficient detail, the contractor's resources which will be used to successfully fulfill the BRAND NAME technical requirements. The documents may include product/ service literature.

Basis of Evaluation:

Evaluation of this factor is a subjective evaluation of the contractor's demonstrated resources and capability to meet the technical requirements. The Government will evaluate the technical capability or approach submittals to determine whether the offeror demonstrates a clear understanding of the BRAND NAME requirement and demonstrates the necessary capabilities to meet the technical requirements. Evaluation of technical capability or approach shall be based on the information provided in the quotation. NIST will evaluate whether the offer has demonstrated that its proposed equipment meets or exceeds all minimum requirements. Quotations that do not demonstrate the proposed equipment requirements will not be considered further for award. If an offeror does not indicate whether its proposed equipment meets a certain minimum requirement, NIST will determine that it does not.

1. Technical Capability:

The unit must include all BRAND NAME requirements in this solicitation and attached Items and Specifications.

Inspection and Acceptance: NIST will require 7 days to test the unit upon arrival and installation

Warranty: The Contractor shall provide an extended warranty for the instruments. This warranty shall include protection against instrument failure for a minimum of three (3) years from the date of acceptance to include labor, parts, and cost and liability for returns in accordance with specifications herein.

Factor II, Experience:

1. Submittal Requirements

The offeror shall submit a maximum of four (4) projects that best demonstrate their company’s experience performing relevant projects. Each project shall be submitted utilizing the Experience Submittal Form. For all submitted projects, the description of the project shall clearly describe the scope of work performed and the relevancy to the project requirements of this RFQ.

A relevant project is defined as a project that is similar in size, scope, and complexity to that of the RFQ on Eaton UPS systems. Projects submitted for the offeror must be completed within the past five (5) years of the date of issuance of this RFQ.

The attached Experience Submittal Form is MANDATORY and SHALL be used to submit project information. Individual blocks on this form may be expanded; however, the total length for each project data sheet shall not exceed eight (8) single-sided pages (or four (4) double-sided pages).

Basis of Evaluation:

The assessment of the offeror’s submittals will be used as a means of subjectively evaluating the offeror’s demonstrated breadth and depth of experience in performing similar/relevant projects on Eaton UPS systems as defined in the solicitation requirements. Project relevancy will be assessed based on a graduate scale. The assessment of the offeror’s relevant experience will be used as a means of evaluating the capability of the offeror to successfully meet the requirements of the RFQ. The Government will only review four (4) Relevant Experience projects in the order of submittal. Any projects submitted in excess of the four (4) relevant projects will not be considered.

Factor III, Installation/Delivery:

1. Submittal Requirements

The offeror shall submit document(s) that clearly and unambiguously confirms schedule/delivery of services by required installation and schedule/delivery dates; or propose alternate installation and schedule/delivery dates. The schedule shall identify critical events and milestones to demonstrate the performance of requirements identified in the performance work statement.

Basis of Evaluation:

This factor will be evaluated to determine whether the offeror understands the schedule/delivery requirements and whether the offeror is capable of meeting the required schedule/delivery per the request for quotation. The Government may assess an earlier schedule/delivery as more favorable and added value to the Government.

Factor IV, Price:

1. Submittal Requirements

1.1 Contractors shall submit a Quotation which will be evaluated for price reasonableness. The Government will not conduct price realism as a part of price evaluation.

Basis of Evaluation:

The quoted price will be evaluated to determine whether the quoted prices are reasonable in relation to the solicitation requirements. Prices must be entirely compatible with the technical portion of the quotation.

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/browse/index/far .

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

https://www.acquisition.gov/car .

Provisions

In accordance with FAR 52.204-7, the awardee must be registered in the system for award management (www.sam.gov) prior to award. Refusal to register shall forfeit award. *

52.204-13 -- System for Award Management Maintenance (Oct 2018) 52.204-18 -- Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-16 -- Commercial and Entity Code Reporting (Aug 2020)

(a) Definition. As used in this provision –

Commercial and Government Entity (CAGE) code means–

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

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

(b) The Offeror shall provide its CAGE code with its offer with its name and location address or otherwise include it prominently in its proposal. The CAGE code must be for that name and location address. Insert the word "CAGE" before the number. The CAGE code is required prior to award.

(c) CAGE codes may be obtained via–

(1) Registration in the System for Award Management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Commercial and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).

(2) The DLA Contractor and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the Offeror does not otherwise register in SAM, an https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/car https://www.sam.gov/

Offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at https://cage.dla.mil.

(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity's country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx if the foreign entity’s country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus, as well as additional information on obtaining NCAGE codes, are available at http://www.nato.int/structur/AC/135/main/links/contacts.htm.

(d) Additional guidance for establishing and maintaining CAGE codes is available at https://cage.dla.mil.

(e) When a CAGE code is required for the immediate owner and/or the highest-level owner by Federal Acquisition Regulation (FAR) 52.204-17 or 52.212-3(p), the Offeror shall obtain the respective CAGE code from that entity to supply the CAGE code to the Government.

(f) Do not delay submission of the offer pending receipt of a CAGE code.

(g) If the solicitation includes FAR clause 52.204-2, Security Requirements, a subcontractor requiring access to classified information under a contract shall be identified with a CAGE code on the DD Form 254. The Contractor shall require a subcontractor requiring access to classified information to provide its CAGE code with its name and location address or otherwise include it prominently in the proposal. Each location of subcontractor performance listed on the DD Form 254 is required to reflect a corresponding unique CAGE code for each listed location unless the work is being performed at a Government facility, in which case the agency location code shall be used. The CAGE code must be for that name and location address. Insert the word "CAGE" before the number. The CAGE code is required prior to award.

(End of provision)

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 https://cage.dla.mil/ https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx http://www.nato.int/structur/AC/135/main/links/contacts.htm https://cage.dla.mil/ https://www.acquisition.gov/far/part-52#FAR_52_204_17 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_2 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 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.

(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.

https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25

(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)

52.204-26 -- Covered Telecommunications Equipment or Services-Representation

Covered Telecommunications Equipment or Services-Representation (Oct 2020)

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

https://www.acquisition.gov/far/52.204-25#FAR_52_204_25

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

(c) (1) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(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 any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

52.212-3 Offeror Representations and Certifications -- Commercial Items (Feb 2021) The Offeror shall complete only paragraphs (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.

52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate

III (FEB 2021)

CLAUSES:

52.204-13 – System for Award Management Maintenance. (Oct 2018) 52.212-4 – Contract Terms and Conditions-Commercial Items (Oct 2018) 52.232-40 – Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.212-5 – Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. (Jan 2021) -52.204-10 – Clause Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) -52.209-6 – Protecting the Government’s interest When Subcontracting with Contractor’s Debarred, Suspended, or Proposed for Debarment (Jun 2020) (31 U.S.C. 6101 note).

-52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637 (d) (2) and (3)) -52.219-28 – Post Award Small Business Program Representation (Nov 2020) (15 U.S.C.

632(a)(2)).

-(ii) Alternate I (Mar 2020) of 52.219-28 -52.222-3, Convict Labor (Jun 2002) (E.O. 11755).

-52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2020) (E.O 13126).

-52.222-21, Prohibition of Segregated Facilities (Apr 2015) -52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246) -52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793) -52.222-50, Combatting Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O.

13627) -52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Jun 2020)(E.O.13513) https://www/sam/gov

-52.225-1, Buy American-Supplies (JAN 2021) -52.225-2, Buy American Certificate (FEB 2021) -52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act--Alternate II (JAN 2021) -52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553) -52.233-4, Applicable Law for Breach of Contract Claim -52.232-33, Payment by Electronic Funds Transfer – System for Award Management (Oct 2018) (31 U.S.C. 3332) -52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

(a) Definitions. As used in this clause— Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

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).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

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

(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.

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 FAR 4.2104.

(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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

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.

(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.

https://www.acquisition.gov/far/4.2104#FAR_4_2104 https://www.acquisition.gov/far/4.2104#FAR_4_2104

(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 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) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

The following provisions and clauses apply to this acquisition and are hereby incorporated by reference. All CAR clauses may be viewed at https://www.acquisition.gov/car

1352.213-70 – Evaluation Utilizing Simplified Acquisition Procedures The Government will issue an order resulting from this request for quotation to the responsible offeror whose quotation results in the best value to the Government, considering both price and non-price factors. The following factors will be used to evaluate quotations:

(1) Technical Approach/Capability. The offeror’s approach to performing contract requirements and its capability to successfully perform the contract will be evaluated.

(2) Experience: The offeror’s experience performing relevant projects as described on attached Experience Submittal Form.

(3) Installation/Delivery. The offeror’s clear and unambiguous confirmation of schedule/delivery of services by required installation and schedule/delivery dates; or proposal of alternate installation and schedule/delivery dates.

https://dibnet.dod.mil/ https://dibnet.dod.mil/ https://www.acquisition.gov/car

(4) Price.

(End of clause)

1352.201-70 – Contracting Officers Authority (Apr 2010) 1352.209-73 – Compliance with the Laws (Apr 2010) 1352.233-70 – Agency Protests (Apr 2010) 1352.233-71 – GAO and Court of Federal Claims Protest (Apr 2010) 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:

NIST: Shipping/Receiving 325 Broadway Boulder, CO 80305

1352.237-71 -- Security Processing Requirements – Low Risk Contracts (Apr 2010)

(a) Investigative Requirements for Low Risk Contracts. All contractor (and subcontractor) personnel proposed to be employed under a low risk contract shall undergo security processing by the Department’s Office of Security before being eligible to work on the premises of any Department of Commerce owned, leased, or controlled facility in the United States or overseas, or to obtain access to a Department of Commerce IT system. All Department of Commerce security processing pertinent to this contract will be conducted at no cost to the contractor.

(b) Investigative requirements for Non-IT Service contracts are:

(1) Contracts more than 180 days – National Agency Check and Inquiries (NACI)

NIST LOCAL—-39 Marking/Packing Instructions

(1) if the total contract/order includes multiple quantities of the same of like item(s), segregated as separate CLIN/Item Numbers, deliverables shall be packed accordingly. Each individual package/container in the shipment shall include deliverables on a per-CLIN or Item basis.

(2) For each shipment made under this contract/order, the Contractor shall furnish itemized packing list(s), enumerating the specific contents of each shipping container and what specific individual components constitute a full and complete "unit" for each bid item. The packing list shall include the brief description of each item found in the Schedule. If more than one container is required for each unit, each container should be marked accordingly, e.g., "Box 1 of 2," "Box 2 of 2," and the boxes, where feasible, should be taped or shrink-wrapped together as an issuable unit.

(3) The contract number AND CONTRACT LINE ITEM NUMBER (CLIN) OR ORDER ITEM NUMBER shall be placed on the exterior of all containers.

(End of Clause)

NIST LOCAL--54 Electronic Billing Instructions NIST requires that Invoice/Voucher submissions are sent electronically via email to

INVOICE@NIST.GOV .

Each Invoice or Voucher submitted shall include the following:

(1) Contract number.

mailto:INVOICE@NIST.GOV

(2) Contractor name and address.

(3) Unique entity identifier (see www.sam.gov for the designated entity for establishing unique entity identifiers).

(4) Date of invoice.

(5) Invoice number.

(6) Amount of invoice and cumulative amount invoiced to-date.

(7) Contract Line Item Number (CLIN).

(8) Description, quantity, unit of measure, unit price, and extended price of supplies/services delivered.

(9) Prompt payment discount terms, if offered; and

(10) Any other information or documentation required by the contract.