RFQ 1333ND20QNB680365 - IDIQ for Vacuum Pumps.pdf

RFQ IFB RFP

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODEFACILITY

CODE

CODE

TELEPHONE NO.

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

OFFER

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

BELOW IS CHECKED

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

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

17a CONTRACTOR/

OFFEROR.

CODE

8 (A)

SIZE STANDARD:

NAICS:

% FOR:SET ASIDE:UNRESTRICTED OR

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

10. THIS ACQUISITION IS

EDWOSB

SMALL BUSINESS PROGRAM

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Base Year of IDIQ for purchase of vacuum pumps

PR NUMBER: NB680010-20-01615

FOB : Destination Period of Performance: 09/22/2020 to 09/21/2021

1.00 EA

OPT

0002 OPTION Period 1 for purchase of vacuum pumps

PR NUMBER: NB680010-20-01615

Period of Performance: 09/22/2021 to 09/21/2022

1.00 EA

0003 OPTION Period 2 for purchase of vacuum pumps

Period of Performance: 09/22/2022 to 09/21/2023

1.00 EA

0004 OPTION Period 3 for purchase of vacuum pumps

Period of Performance: 09/22/2023 to 09/21/2024

1.00 EA

0005 OPTION Period 4 for purchase of vacuum pumps

Period of Performance: 09/22/2024 to 09/21/2025

1.00 EA

PAGE 3 OF 47 1333ND20QNB680365

Table of Contents

Attachment 1 - Requirements Document

Attachment 2 - LIst of Available Pumps

Attachment 3 - Sample Price Sheet

Addendum to FAR 52.212-1 - Instructions

Addendum to FAR 52.212-2 - Evaluations

52.212-3OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUN 2020)

Addendum to FAR 52.212-3

Addendum to FAR 52.212-5

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS--REPRESENTATION (JAN 2017)

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017) 25

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

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

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

52.204-17OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020)

52.204-18COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

52.204-20PREDECESSOR OF OFFEROR (AUG 2020)

52.204-24REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

(AUG 2020)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (DEC 2019)

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-REPRESENTATION (NOV 2015)... 31

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER

ANY FEDERAL LAW (FEB 2016)

52.212-1INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2020)

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (OCT 2018)

52.216-18ORDERING (AUG 2020)

52.216-19 ORDER LIMITATIONS (OCT 1995)

52.216-22 INDEFINITE QUANTITY (OCT 1995)

52.216-27 SINGLE OR MULTIPLE AWARDS (OCT 1995)

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

52.225-2 BUY AMERICAN CERTIFICATE (MAY 2014)

52.225-25PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING

TO IRAN--REPRESENTATION AND CERTIFICATIONS (JUN 2020)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

52.247-35 F.O.B. DESTINATION, WITHIN CONSIGNEE`s PREMISES (APR 1984)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

1352.201-70 CONTRACTING OFFICER?s AUTHORITY (APR 2010)

1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

1352.216-75 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (APR 2010)

1352.216-76 PLACEMENT OF ORDERS (APR 2010)

1352.233-70 AGENCY PROTESTS (APR 2010)

1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

NIST LOCAL-22ORDERING PROCEDURES UNDER MULTIPLE AWARD CONTRACTS

NIST LOCAL-35TASK ORDER PROCEDURES

NIST LOCAL-40BILLING INSTRUCTIONS FOR DELIVERY/TASK ORDERS

PAGE 4 OF 47 1333ND20QNB680365

Table of Contents

NIST LOCAL-53CONTRACT PERFORMANCE DURING CHANGES IN NIST OPERATING STATUS

NIST LOCAL-55ELECTRONIC BILLING INSTRUCTIONS FOR DELIVERY/TASK ORDERS

PAGE 5 OF 47 1333ND20QNB680365

CLAUSES

Attachment 1 - Requirements Document

PAGE 6 OF 47 1333ND20QNB680365

Description of Requirement:

This requirement is for multiple award Indefinite Quantity/Indefinite Deliver (IDIQ) contracts for vacuum pumps used in scientific equipment.

The associated North American Industrial Classification System (NAICS) code for this procurement is 339113- Surgical Appliance and Supplies Manufacturing.

A waiver to the Non-Manufacturing Rule was granted on June 19, 2020 by SBA to allow this requirement to be 100% set-aside for small business.

BACKGROUND:

The high-vacuum turbomolecular pumps, cryogenic pumps and dry roughing pumps will be used as spare parts to support a set of nanofabrication, processing, and analytical tools at NIST that are used as a shared resource accessible to researchers from industry, academia, NIST, and other government agencies. Tool down time causes delays in critical NIST projects and increases operational costs.

Vacuum pump failures constitute a large percentage of the tool failures, and repair or replacement of some vacuum pump models have long lead times. To minimize tool downtime and control costs, NIST requires a complete set of spare vacuum pumps. The spare pumps will be drop-in replacements for the pumps currently utilized.

The table below represents the type of pump series currently in service within NIST. These series cover a variety of individual pump models. Specific pump models will be identified in individual Task Orders (see “Attachment 3 - Initial Task Order” for details) and the Government reserves the right to add additional or modified pump models during the period of performance of any resulting awards. Any changes will be made via bilateral modification in accordance with FAR 52.212-4(c). Changes would be made solely to accommodate new equipment or to address obsolescence or design changes associated with pumps utilized in the current NIST equipment.

Table 1:

Number Type Manufacturer Series

1 Cryo CTI Cryo-Torr Series

2 Cryo CTI On-board Series

3 Cryo Oxford Cryo-Plex Series

4 Dry Adixen ACP Series

5 Dry Adixen/Alcatel ADP Series

6 Dry Agilent/Varian IDP Series

PAGE 7 OF 47 1333ND20QNB680365

7 Dry Agilent/Varian SH Series

8 Dry Agilent/Varian Tri-Scroll Series

9 Dry Anest Iwata ISP Series

10 Dry Ebarra ESR Series

11 Dry Ebarra EV Series

12 Dry Ebarra PDV Series

13 Dry Edwards D-Lab Series

14 Dry Edwards GXS Series

15 Dry Edwards iGX Series

16 Dry Edwards iH Series

17 Dry Edwards iHX Series

18 Dry Edwards iQDP Series

19 Dry Edwards iXL Series

20 Dry Edwards nR60i Series

21 Dry Edwards nXDS Series

22 Dry Edwards QDP Series

23 Dry Edwards XDS Series

24 Dry Kashyama NeoDry Series

25 Dry Leybold Scrollvac SC Series

26 Dry Leybold Scrollvac Series

27 Dry Varian PTS Series

28 Ion Agilent/Varian StarCell Series

29 Ion Gamma Vacuum TiTan Series

30 Turbo Adixen ATH Series

PAGE 8 OF 47 1333ND20QNB680365

31 Turbo Adixen ATP Series

32 Turbo Agilent/Varian TPS Series

33 Turbo Agilent/Varian Turbo-V Series

34 Turbo Agilent/Varian Twistorr Series

35 Turbo Balzers/Pfeiffer TPH Series

36 Turbo Ebarra EBT Series

37 Turbo Ebarra EMT Series

38 Turbo Edwards EXT Series

39 Turbo Edwards nEXT Series

40 Turbo Edwards STP Series

41 Turbo Edwards STPA Series

42 Turbo KYKY F-series Series

43 Turbo Leybold MAG Series

44 Turbo Leybold TurboVac Series

45 Turbo Pfeiffer HiCube Series

46 Turbo Pfeiffer HiPace Series

47 Turbo Pfeiffer PK Series

48 Turbo Pfeiffer PKT Series

49 Turbo Pfeiffer TMH Series

50 Turbo Pfeiffer TMU Series

51 Turbo Shimadzu LM Series

52 Turbo Shimadzu TMP Series

53 Turbo Varian TV Series

54 Turbo Varian V Series

PAGE 9 OF 47 1333ND20QNB680365

55 Wet Edwards E2M Series

56 Wet Edwards RV Series

57 Wet Leybold D Series

SPECIFIC REQUIREMENTS:

General:

NIST is seeking an ordering vehicle from which to purchase various vacuum pumps to be utilized in scientific equipment. These pumps are necessary for the normal function of NIST’s scientific research and the ability to solicit competition for these pumps is in the best interests of the Government. NIST intends to make multiple awards to allow for maximum coverage of the required pumps and for maximum price competition. To achieve this result, all contractors must review the attachments detailed below.

The contractor shall review “Attachment 1 – Requirements Document” for details of the requirement.

This document will give all information on NIST’s expectations on this requirement, including products, delivery, warranty and other related items.

The contractor shall review and complete “Attachment 2 – List of Available Pumps” for details on the pumps/pump series NIST requires. Contractor shall indicate which pumps/pump series they are capable of offering. If a contractor cannot offer all pumps from a select series, the contractor shall indicate which individual pumps from that series, if any, that are offered. If offering a technically equivalent model in either attachment, specify the pump being replaced and the pump offered as replacement, along with the salient characteristics. Contractor shall also indicate on the appropriate section of Attachment 2 whether they are offering pumps that are new, rebuilt/refurbished or both. Please use

The contractor shall review and complete “Attachment 3 - Sample Price Sheet” and provide pump prices for all pumps available, both new, equivalent or rebuilt/refurbished.

Please note: This price sheet will be used for price evaluation in awarding the IDIQ contract.

Additionally, to satisfy the Minimum Guarantee for each IDIQ holder, NIST reserves the right to issue task orders using the prices included on this price sheet.

PUMP REQUIREMENTS:

PAGE 10 OF 47 1333ND20QNB680365

All vacuum pumps shall be drop-in, “brand name or equal” replacements for the vacuum pumps/pump series listed in Table 1.

The types of vacuum pumps include turbo-molecular (turbo) pumps, dry roughing pumps, wet roughing pumps, ion pumps, and cryogenic pumps.

Attachment 2 – List of Available Pumps lists the vacuum pump manufacturers and model series that are included in this requirement. Specific models will be provided in each task order. Offerors are not required to provide all vacuum pump series listed.

Brand Name or Equivalent:

This is a brand name of equivalent requirement. Brand name or equal description is intended to be descriptive, but not restrictive and is to indicate the quality and characteristic of products that will be considered satisfactory to meet the agency’s requirement. Equal replacements substituted for brand name pumps shall be evaluated for equivalence. Equivalence shall be determined by comparing the specifications of the proposed equal vacuum pump to the specifications of the brand name vacuum pumps stated in the task order and the salient details listed below.

- Inlet flange

- Pumping speed

- Ultimate Pressure (MBAR)

If offering an equivalent pump in a listed series or those specified in the Attachment 2 – List of Available Pumps, please indicate the specific pump(s) to which your offer would replace and submit details, including make/model, and the salient characteristics of that pump. It is the responsibility of the vendor to propose an equal vacuum pump which is functionally equivalent to the reference vacuum pump and provide documentation to demonstrate equivalence.

If an equal pump requires a different compressor, controller or other accessories (vacuum head, interconnecting lines, electrical interconnect, etc) than the brand name stated requires (if applicable), it must be included along with any required connection cables and hoses, and have a compatible input/output interface or an adapter must be supplied.

Refurbished Pumps:

This requirement is primarily for new pumps, however NIST reserves the right to, on a task order basis, determine whether new or refurbished pumps will be considered for purchase. Refurbished pumps must meet the following requirements:

- Refurbished vacuum pumps shall be acceptable only when specifically stated in a task order.

- Refurbished vacuum pumps must include a full “as new” warranty.

- Refurbished vacuum pumps shall include documentation of the refurbishment and performance test certification.

PAGE 11 OF 47 1333ND20QNB680365

DELIVERY TERMS:

FOB Destination delivery terms are required. Delivery shall be completed within 90 days from date of an award. All pumps should be clearly labeled on the outside of the packaging along with the task order number.

The Contractor shall deliver all equipment to:

Delivery location will be either to Gaithersburg, MD or Boulder, CO. Specific destinations will be determined with each Task Order.

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.

All shipping costs shall be included in the total firm-fixed price.

EXPRESS WARRANTY:

The contractor shall warrant the pumps for a period of a minimum of 1 year after receipt of the equipment and shall be in accordance with terms in FAR 52.212-4

Attachment 2 - LIst of Available Pumps

PAGE 12 OF 47 1333ND20QNB680365

Type Manufacturer Series Offers New Brand

Name or Equal Pump (Y/N)

New Pump Lead Time

Offers Refurbished Brand Name or Equal

Pump (Y/N)

Refurbished Pump Lead Time

Place of Manufacture

Cryo CTI Cryo-Torr Series Cryo CTI On-board Series Cryo Oxford Cryo-Plex Series Dry Adixen ACP Series Dry Adixen/Alcatel ADP Series Dry Agilent/Varian IDP Series Dry Agilent/Varian SH Series Dry Agilent/Varian Tri-Scroll Series Dry Anest Iwata ISP Series Dry Ebarra ESR Series Dry Ebarra EV Series Dry Ebarra PDV Series Dry Edwards D-Lab Series Dry Edwards GXS Series Dry Edwards iGX Series Dry Edwards iH Series Dry Edwards iHX Series Dry Edwards iQDP Series Dry Edwards iXL Series Dry Edwards nR60i Series Dry Edwards nXDS Series Dry Edwards QDP Series Dry Edwards XDS Series Dry Kashyama NeoDry Series Dry Leybold Scrollvac SC Series Dry Leybold Scrollvac Series Dry Varian PTS Series Ion Agilent/Varian StarCell Series Ion Gamma Vacuum TiTan Series Turbo Adixen ATH Series Turbo Adixen ATP Series Turbo Agilent/Varian TPS Series Turbo Agilent/Varian Turbo-V Series Turbo Agilent/Varian Twistorr Series Turbo Balzers/Pfeiffer TPH Series Turbo Ebarra EBT Series Turbo Ebarra EMT Series Turbo Edwards EXT Series Turbo Edwards nEXT Series Turbo Edwards STP Series Turbo Edwards STPA Series Turbo KYKY F-series Series Turbo Leybold MAG Series Turbo Leybold TurboVac Series Turbo Pfeiffer HiCube Series Turbo Pfeiffer HiPace Series Turbo Pfeiffer PK Series Turbo Pfeiffer PKT Series Turbo Pfeiffer TMH Series Turbo Pfeiffer TMU Series Turbo Shimadzu LM Series Turbo Shimadzu TMP Series Turbo Varian TV Series Turbo Varian V Series Wet Edwards E2M Series Wet Edwards RV Series Wet Leybold D Series

NOTE: PLEASE USE ATTACHED EXCEL SPREADSHEET TO SUBMIT AVAILABLE PUMPS

Attachment 3 - Sample Price Sheet

PAGE 13 OF 47 1333ND20QNB680365

New Pump Price

Refurbished Pump Price

New Pump Price

Refurbished Pump Price

Equal Pump Manufacturer

Equal Pump Model

Cryo CTI Cryo-Torr Series CTI-10 208 V Inert CF Cryo Oxford Cryo-Plex Series CP8 208 V Inert CF Dry Adixen ACP Series ACP 15P 115 V Inert NW 25 Dry Adixen/Alcatel ADP Series ADP124P 208 V Toxic NW 40 Dry Agilent/Varian SH Series SH-100 115 V Inert NW 25 Dry Anest Iwata ISP Series ISP-500 115/230 V Inert NW 40 Dry Ebarra EV Series EV-S50 208 V 3 Ph Inert NW 50 Dry Edwards iGX Series iGX-100 208 V 3 Ph Toxic ISO 100 Dry Edwards iH Series iH80 208 V 3 Ph Toxic ISO 63 Dry Edwards nXDS Series nXDS15 115/230 V Inert NW 25 Dry Edwards XDS Series XDS10 115/230 V Inert NW 25 Dry Kashyama NeoDry Series NeoDry15E 115/230 V Inert NW 25 Dry Leybold Scrollvac SC Series SC30D 115/230 V Inert KF 40 Dry Varian PTS Series PTS-300 115/230 V Inert NW 25 Ion Agilent/Varian StarCell Series StarCell 20 115/230 V Inert CF Ion Gamma Vacuum TiTan Series TiTan 300L 115/230 V Inert DN 150 Turbo Adixen ATH Series ATH 2300M 115/230 V Corrosive ISO 250 Turbo Adixen ATP Series ATP 80 115/230 V Inert ISO 100 Turbo Agilent/Varian Turbo-V Series Turbo-V 750 115/230 V Inert CF Turbo Ebarra EBT Series EBT220 115/230 V Inert CF Turbo Edwards EXT Series EXT75DX 115/230 V Inert ISO 100 Turbo Edwards nEXT Series nEXT 85 115/230 V Inert ISO 63 Turbo Edwards STP Series STP 1603CV 115/230 V Corrosive ISO 200 Turbo Edwards STPA Series STPA 1303CV 115/230 V Corrosive ISO 200 Turbo KYKY F-series Series FF/160/620 E 115/230 V Inert ISO 150 Turbo Leybold TurboVac Series Turbovac 361C 115/230 V Inert ISO 100 Turbo Pfeiffer HiPace Series HiPace 80 w/TC110 115/230 V Inert ISO 63 Turbo Pfeiffer TMH Series TMH 260 115/230 V Inert ISO K Turbo Pfeiffer TMU Series TMU 280 115/230 V Inert CF Turbo Shimadzu TMP Series TMP-V2304LM 208 V Inert ISO 250 Turbo Varian TV Series TV301 115/230 V Inert ISO 100 Wet Edwards E2M Series E2M1.5 115 V Inert NW 16 Wet Leybold D Series D40B 208 V 3ph Inert NW 40

Type Manufacturer Series Model Equivalent Pump offered

Electrical Chemistry Inlet Flange Brand Name Pumps

NOTE: PLEASE USE ATTACHED EXCEL SPREADSHEET TO SUBMIT PUMP PRICING

Addendum to FAR 52.212-1 - Instructions

PAGE 14 OF 47 1333ND20QNB680365

Addendum to FAR 52.212-1, Quotation Preparation Instructions:

System for Award Management (SAM) Registration:

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.

Due Date for Quotations:

Offerors shall submit their electronic quotations, via email, so that NIST receives them not later than 12:00 p.m. Eastern Time on September 15, 2020. E-mail quotations shall be submitted directly to the Contract Specialist at forest.crumpler@nist.gov and the Contracting Officer at patrick.staines@nist.gov.

Please reference the RFQ number in the subject line of email communications. Offerors quotations shall not be deemed received by the Government until the quotation is entered in the e-mail inbox set forth above.

Quotation Preparation Instructions:

Price Quotation (Vol. I), Pump Availability (Vol. II), Past Performance/References (Vol.

III)

Incomplete quotations may be considered non-responsive and removed from further consideration. Quotations shall be clearly and concisely written as well as being neat, indexed (cross-indexed as appropriate) and logically assembled. All pages of each part shall be appropriately numbered and identified with the name of the offeror, the date, and the solicitation number.

Volume I - Price Quotation:

The offeror shall submit an electronic copy of the completed price quotation on the attached excel spreadsheet. The price quotation shall be separate from any other portion of the quotation.

The offeror shall propose a separate firm-fixed-price, FOB Destination, for each pump offered in “Attachment 3 – Sample Price Sheet”, inclusive of shipping. Price quotations shall remain valid for a period of 90 days from the date quotations are due. Contractor shall state express warranty coverage.

NIST intends to award multiple Indefinite Delivery/Indefinite Quantity contracts with a Base Period of twelve (12) months, and four (4) Option Periods that will each consist of twelve (12) months. Pricing submitted in “Attachment 3 – Sample Price Sheet” will be used for evaluation purposes, however the Government reserves the right to use submitted prices to issue one or more Task Orders at time of award of base IDIQ contract. Subsequent task orders will be issued during the contract period on a competitive basis.

Volume II – Pump Availability:

PAGE 15 OF 47 1333ND20QNB680365

The offeror shall provide documentation that demonstrates that they offer some/all of the vacuum pumps, or technically equivalent, listed in “Attachment 2 – List of Available Pumps”.

The offeror must submit a technical response that fully demonstrates the ability to meet the needs of this requirement. Submitted response should include, but not limited to, all relevant information on the contractor’s ability to provide some/all pumps, as well as their ability to offer new or rebuilt pumps. If applicable, evidence that the offeror is authorized by the original equipment manufacturer to provide the item(s) in the quotation should be included.

Volume III - Past Performance:

The offeror shall provide past performance information regarding relevant contracts over the past three years with Federal, state, or local governments, or commercial customers.

A list of references, preferably at least 3, if available, to whom the same or similar products have been provided. The list of references shall include, at a minimum:

1. The name of the reference contact person and the company or organization;

2. The telephone number and email address of the reference contact person;

3. The contract or grant number, the amount of the contract and the address and the telephone number of the Contracting Officer if applicable; the date of delivery or the date services were completed and a description of the equipment sold to each reference.

If the offeror has no relevant past performance, it may include a statement to that effect in its quotation. The government reserves the right to consider data obtained from sources other than those described by the offeror in its quotation.

Terms and Conditions

Provisions

Offerors shall provide a completed copy of all provisions listed below:

1. 52.204-17 Ownership and Control of Offeror (Jul 2016)

2. 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations – Representations

(Nov 2015)

3. FAR 52.225-2 Buy American Certificate (May 2014)

4. FAR 52.225-18 Place of Manufacture (Mar 2015)

Acceptance of Terms and Conditions (Addendum to FAR 52.212-1(b) (11)):

If the contractor objects to any of the terms and conditions contained in this solicitation, the contractor shall state “The terms and conditions in the solicitation are acceptable to be included

PAGE 16 OF 47 1333ND20QNB680365

in the award document with the exception, deletion, or addition of the following:” [Contractor shall list exception(s) and rationale for the exception(s)]. It is the sole responsibility of the contractor to identify in their quote any exceptions to the terms and conditions of the solicitation.

If the contractor does not include such a statement, the submission of a quotation in response to this solicitation will be regarded as the Contractor’s acceptance of the Government’s terms and conditions for inclusion into the resultant purchase order.

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.

NAICS Code If the Offeror’s representations and certifications do not reflect the NAICS code governing this solicitation, Offerors must submit documentation that they are a small business under the NAICS code governing this solicitation.

Duns and Bradstreet Number

Offerors shall provide their Dun and Bradstreet Number (DUNS number) for their active System for Award Management (SAM) registration. Offerors must have an active registration at www.SAM.Gov to receive an award;

(End of provision)

Addendum to FAR 52.212-2 - Evaluations

PAGE 17 OF 47 1333ND20QNB680365

FAR 52.212-2, Evaluation – Commercial Items:

The intention of these IDIQ contracts is to provide for the greatest level of coverage for vacuum pump needs within NIST’s research groups. To achieve this goal, NIST intends to make 3-5 awards that provide the most robust coverage of the required pumps.

Evaluation Factors:

Award shall be made to the offeror whose quotation offers the best value to the Government, price and other factors considered. The Government will evaluate quotations based on the following evaluation criteria:

1) Pump Availability

2) Price

3) Past Performance

All non-price factors, when combined, are more important than price. Among non-price factors, Pump Availability is of greater importance than Past Performance.

Pump Availability:

Evaluation of Pump Availability shall be based on the information provided in the quotation, including Table 1 of Attachment 1 - Requirements Document and Attachments 2 and 3.

Quotations must demonstrate the range of pumps that are offered, including all brand name, equivalent and/or refurbished pump models. Evaluation will be conducted to determine the following:

- Number/variety of pumps available – quotes will be evaluated for the number of pumps in each series and the number of series offered. Stronger technical consideration shall be given to those offers that provide the most number/variety of coverage for required pumps.

Past Performance:

The Government will evaluate the Offeror's past performance information and, if appropriate, its proposed subcontractors' past performance to determine its relevance to the current requirement and the extent to which it demonstrates that the offeror has successfully completed relevant contracts in the past three years.

In assessing the offeror's past performance information, NIST will evaluate, as appropriate, successful performance of contract requirements, quality and timeliness of delivery of goods and services, cost management, communications between contracting parties, proactive management and customer satisfaction.

Evaluation of this factor will be based on information contained in the technical portion of the quotation and information provided by references. The Government will evaluate past

PAGE 18 OF 47 1333ND20QNB680365

performance information by contacting appropriate references, including NIST references, if applicable.

The Government may also consider other available information in evaluating the Offeror’s past performance.

The Government will assign a neutral rating if the offeror has no relevant past performance information.

PRICE:

The Government will evaluate the unit prices submitted in Attachment 3 - Sample Price Sheet for reasonableness.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUN 2020)

(Reference 52.212-3)

PAGE 19 OF 47 1333ND20QNB680365

Addendum to FAR 52.212-3

PAGE 20 OF 47 1333ND20QNB680365

FAR 52.212-3 Offeror Representations and Certifications -- Commercial Items (Oct 2018)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.sam.gov/portal.

If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

Addendum to FAR 52.212-5

PAGE 21 OF 47 1333ND20QNB680365

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

(DEVIATION APR 2020)

(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. 3805note)).

(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:

XX (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 (Jun 2020) (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.)

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (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. (Jun 2020) (31 U.S.C. 6101note).

XX (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 (Mar 2020) (15 U.S.C.657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

XX (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved]

__ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) of 52.219-6 (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020).

__ (iii) Alternate II (Nov 2011).

__ (15)

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

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

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

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

XX (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)).

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

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

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

__ (v) Alternate IV (Jun 2020) of 52.219-9 __ (18)

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

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

__ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C.637(a)(14)).

XX (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 (Mar 2020) (15 U.S.C. 657f).

XX (22) (i) 52.219-28, Post Award Small Business Program Representation (May 2020) (15 U.S.C. 632(a)(2)).

PAGE 22 OF 47 1333ND20QNB680365

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

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (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 (Mar 2020) (15 U.S.C. 637(m)).

__(25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

__(26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15 U.S.C. 637(a)(17)).

XX (27) 52.222-3, Convict Labor (June 2003) (E.O.11755).

XX (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126).

XX (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

XX (30) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

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

XX (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

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

XX (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.793).

__ (ii) Alternate I (July 2014) of 52.222-36.

XX (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

XX (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

XX (35) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).

XX (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.

13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

XX (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

XX (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__(iv) Alternate III (May 2014) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)).

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XX (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).

__ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

XX (61) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEVIATION APR 2020) (31

U.S.C. 3903 AND 10 U.S.C. 2307)

__(62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (63) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (64) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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:

__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ 4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services- Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509).

(ii) 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)).

(iii) 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).

(iv) 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).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

(viii) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246).

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

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

(xi) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C.4212)

(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xiii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiv)

(A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar 2015) of 52.222-50(22 U.S.C. chapter 78and E.O 13627).

(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services- Requirements (May 2014) (41 U.S.C. chapter 67).

(xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xx)

(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx.1241(b) and 10 U.S.C.2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

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 Offeror 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).

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017)

(a) Definitions. As used in this clause-- "Internal confidentiality agreement or statement" means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not…