RFQ 1333ND22QNB680158.pdf

1333ND22QNB680158 - Atmospheric plasma tool

THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

PREPARED IN ACCORDANCE WITH THE FORMAT IN FAR SUBPART 12.6-

STREAMLINED PROCEDURES FOR EVALUATION AND SOLICITATION FOR

COMMERCIAL ITEMS-AS SUPPLEMENTED WITH ADDITIONAL INFORMATION

INCLUDED IN THIS NOTICE. THIS ANNOUNCEMENT CONSTITUTES THE ONLY

SOLICITATION; QUOTATIONS ARE BEING REQUESTED, AND A SEPARATE

WRITTEN SOLICITATION DOCUMENT WILL NOT BE ISSUED. THE SOLICITATION IS

BEING ISSUED USING SIMPLIFIED ACQUISITION PROCEDURES FOR CERTAIN

COMMERCIAL ITEMS UNDER THE AUTHORITY OF FAR 13.

This solicitation is a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2022-04, dated January 30, 2022.

1352.215-72 INQUIRIES (APR 2010)

Offerors must submit all questions concerning this solicitation in writing to both the Contract Specialist Forest Crumpler at forest.crumpler@nist.gov and the Contracting Officer Patrick Staines at Patrick.staines@nist.gov. Questions should be received no later than seven (7) 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, only the responses included in the amendment to the solicitation will govern performance of the contract.

(End of Provision)

The associated North American Industrial Classification System (NAICS) code for this procurement is 333242, with a small business size standard of 1500.

This acquisition is being solicited as 100% Small Business Set-Aside.

BACKGROUND:

The Microsystems and Nanotechnology Division (MND) within the National Institute of Standards and Technology’s (NIST) Physical Measurement Lab (PML) develops integrated microsystems by advancing the state of the art in nanofabrication, thereby enabling the transfer of NIST measurement technologies to the industrial, academic, and government communities. The Photonics and Optomechanics Group and Nanostructure Fabrication and Measurement Group within PML develop different nanophotonic device technologies that leverage the important physical characteristics of different materials platforms. Some of these efforts require the combination of materials through chip-scale and wafer-scale bonding. A pre-requisite for such efforts is appropriate cleaning and activation of the surfaces to be bonded. Currently, we use reactive ion etch tools for this purpose, but they are inadequate because they can cause damage to or oxidation of the wafer surfaces, thereby degrading the quality of the fabricated devices. To improve this situation, we require an atmospheric plasma cleaning and surface preparation tool, in which the plasma is contained in a head whose position with respect to the sample is computer controlled (the plasma head is stationary and the sample moves), and which only exposes surfaces mailto:forest.crumpler@nist.gov mailto:Patrick.staines@nist.gov to a gentle flow of neutral ion species. This residue removal and surface activation while avoiding surface damage and oxidation.

All equipment must be new. Prototypes, first articles, demonstration models, used, refurbished or otherwise developmental systems, will not be considered for award. The use of “gray market” components not authorized for sale in the U.S. by the proposer is not acceptable.

All offerors shall provide a firm-fixed-price quotation for the following line items:

Contract Line Item Number (CLIN) QTY UNIT UNIT

PRICE

APPLICABLE

DISCOUNTS

TOTAL

Clin 0001: Atmospheric Plasma Cleaning and Surface Prep tool.

1 EA

Specifications:

This equipment purchase request is for an atmospheric plasma cleaning and surface preparation tool, to be used by the NIST Microsystems and Nanotechnology Division and NanoFab facility for surface cleaning of photonic materials in preparation for bonding. This tool must meet the following minimum characteristics:

General characteristics

1. The tool shall be constructed of materials compatible with a class 100 clean room environment (as per FS209E or equivalent).

2. The system should come equipped with a table upon which it can be placed, and which has a height between 750 mm and 1000 mm. It should contain any shelves needed to support control electronics. The maximum footprint for the tool and for the table must be less than 700 mm (width) by 800 mm (depth).

3. The tool must be able to support the following functions at a minimum: surface cleaning including elimination of organic contamination, removal of oxidation, surface activation, and surface passivation

4. The tool must be able to be used in the following direct bonding applications: (1) III-V semiconductor to dielectrics such as silicon dioxide or silicon nitride; (2) III-V semiconductors to silicon; (3) silicon dioxide to silicon dioxide; (4) silicon dioxide to silicon nitride. Stronger preference will be given to systems that can provide evidence of successful use in the above direct bonding applications, with applications listed in order of importance. Such evidence can be a copy of a relevant scientific or trade publication or an internal report presenting data recorded by the vendor. Demonstrated ability to perform such tasks is necessary because they are critical for the fabrication of hybrid IIIV/silicon photonic devices, which is the main focus of the research being performed.

5. The tool must be able to be used in surface activation of GaAs, SiO2, Si3N4, and Si, with decrease of water droplet contact angle to < 5 degrees. Stronger preference will be given to systems that can provide evidence of successful use in the above surface activation applications, with applications listed in order of importance. Such evidence can be a copy of a relevant scientific or trade publication or an internal report presenting data recorded by the vendor. Demonstrated ability to perform such tasks is necessary because they are critical for the fabrication of hybrid III-V/silicon photonic devices, which is the main focus of the research being performed.

6. The tool must be able to use helium as a carrier gas for plasma generation, due to the stability of the generated plasma and the efficiency of energy transfer into other process gases

7. The tool must also be able to support the following process: H2 (for reducing metal oxides), O2 (for providing an oxidizing environment that removes organic contaminants), and N2 (for surface activation, wetting, and passivation). The gases should be controlled with digital mass flow controllers to ensure accurate gas flow delivery.

8. The tool must have individual supply ports for the different gasses

9. The tool must have a port to remove exhausted process gases.

10. The tool must have an interlocked ozone sensor

11. The tool shall have an enclosure that houses the sample and plasma head and which is closed under normal operation.

12. The tool shall be fully controllable via software with a graphical user interface. The software shall allow storage, retrieval and editing of recipes, and also allow automated operation of the machine.

Sample Format and Motion

1. The system must be able to accommodate a range of sample sizes.

a. On the large side, the tool shall be able to accommodate maximum sample sizes up to a minimum of 200 mm by 200 mm by 20 mm thick.

b. On the small side, the tool shall be able to accommodate minimum sample sizes down to 2 mm by 2 mm by 0.2 mm thick.

2. The tool shall have a vacuum chuck to hold samples in place with the dimensions within the boundaries specified in the two items above.

3. The tool shall allow for computer-controlled adjustment of the gap spacing between sample and plasma head. The full range z-motion shall be of at least 25 mm.

4. The tool shall allow for computer-controlled adjustment of the in-plane position of the sample underneath the plasma head. The full range of xy motion should be at least 180 mm x 180 mm.

Plasma Head

1. The sample shall be in atmospheric conditions and the plasma shall be contained in a stationary head.

2. The plasma source shall be of the glow discharge variety or equivalent. It should have a process zone between 40 mm to 50 mm in width.

3. The plasma head must be able to withstand oxidizing and reducing chemistries without erosion of the plasma head, sputtering of its materials, or arcing of the plasma.

4. The plasma head must be remotely located from the sample surface, so that the plasma is confined within the plasma head and does not directly contact the sample.

5. No ions or hot electronics may reach the sample surface, and the sample shall be exposed only to neutral active species downstream of the plasma.

6. There must be zero particles greater than 300 nm in size (or smaller) coming from the plasma head, as determined by a particle measuring system

Control System

1. The tool shall have an automated control system that allows the operator to store and recall user definable programs.

2. The control system shall automatically control the gas flow, plasma power, and sample stage motion.

3. The plasma generator system shall be capable of providing adjustable power up to 100 watts and shall include an auto-matching circuit.

Process Recipes

1. Initial process recipes shall be provided for bonding applications including indium bump bonding, silicon dioxide to silicon dioxide bonding, gallium arsenide to silicon dioxide bonding, aluminum oxide to silicon dioxide bonding, and gold to gold bonding.

2. Initial process recipes shall also be provided for surface treatment applications including photoresist de-scum and electro-plating mold pretreatment.

Installation and Training On-site installation in the NIST CNST NanoFab facility and training shall be provided upon acceptance and shall include:

1. On-site installation of the tool with facilities (power and gas) provided by NIST.

2. Minimum 1 day on-site course covering tool operation and maintenance, for a minimum of three persons and a maximum of five persons.

3. Service manuals in digital form.

Delivery and Installation:

Delivery shall be FOB Destination (or equivalent terms, such as INCOTERMS Delivered Duties Paid) are required and shall occur not later than (NLT) 5 months 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 to:

The National Institute of Standards and Technology 100 Bureau Drive, Building 219 Gaithersburg, MD 20899-1640

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 criteria

1. Final acceptance tests shall be conducted at the NIST CNST NanoFab facility

2. Measurements of native oxide removal and passivation stability shall be completed with ellipsometry.

3. Surface activation and bonding tests with III-V and dielectric chips shall be conducted and checked using basic inspection approaches (microscopy and bond strength testing using the razor blade method)

The Government will test, inspect, and accept the equipment onsite within 15 business days of receipt.

Warranty:

The Contractor shall warrant the entire system 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

Payment Schedule:

The Contractor shall be paid, in accordance with Net 30-day payment terms, upon receipt and acceptance of a proper invoice. One lump sum payment will be authorized upon the Contractor’s completion of delivery and NIST’s acceptance.

Note: Offerors may propose an alternate payment schedule in its quotation submission.

FAR 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

INSTRUCTIONS:

System for Award Management (SAM) Registration

In accordance with FAR 52.204-7, offerors must be registered in the System for Award Management (www.sam.gov) at the time of quotation submission and shall continue to be registered until time of award, during performance, and through final payment of any resultant contract. Refusal to register shall forfeit award. Offerors shall provide their Dun and Bradstreet Number (DUNS number) for the Offeror’s active System for Award Management (SAM) registration. Offerors must have an active registration at www.SAM.Gov to receive an award.

DUE DATE FOR QUOTATIONS:

Offerors shall submit their electronic quotations, via email, so that NIST receives them not later than 5:00 pm Eastern Time on April 26, 2022. 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. 0fferors quotations shall not be deemed received by the Government until the quotation is entered in the e-mail inbox set forth above.

Addendum to FAR 52.212-1, Quotation Preparation Instructions:

Quotation Preparation Instructions: Technical Quotation (Vol. I), Past Performance/Experience Volume (Vol. II), Price Quotation (Vol. III), Terms and Conditions (Vol. IV).

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.

Incomplete quotations may be considered non-responsive and removed from further consideration.

Volume I - Technical Quotation:

The technical quotation shall address the following:

Technical Capability:

The offeror must submit a technical response that demonstrates the offerors capability to provide a product that meets the stated requirements. This information can be a technical description/product literature for the product it is proposing or some other statement that demonstrates the offerors capability or history providing materially identical assemblies (except for the specific lengths) or substantially similar assemblies.

Stronger Consideration: Areas where stronger technical consideration is available can be found in items 4, and 5 of the specifications. To qualify for stronger consideration, the submitted technical documentation must clearly show how, and to what extent, the proposed items meet or exceed the stated requirements.

Volume II –Past Performance/Experience Volume:

Volume II shall address the following:

Past Performance:

mailto:forest.crumpler@nist.gov

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 services has 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.

Experience:

The offeror shall provide information which demonstrates the offeror’s experience in providing systems of same/similar specifications and use. The offeror shall provide a list of at least three similar awards where a system, similar to what is being offered, has been supplied in the past three (3) years. Information shall include the model name/number, end user name, and end user contact information.

Volume III –Price:

The offeror shall provide a firm-fixed price quotation, to include F.O.B. Destination shipping terms, for CLIN 0001.

Volume IV - Terms and Conditions:

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

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

2. FAR 52.204-24 Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment (Dec 2019)

3. FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation (Dec

2019)

4. FAR 52.209-11 Representation by Corporations Regarding an Unpaid Delinquent Tax

Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (Feb 2016)

5. FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (Feb 2021)

6. FAR 52.225-4 Buy American -- Free Trade Agreements – Israeli Trade Act Certificate (Jan

2021)

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 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 quotation 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 (PO).

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 proposed 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.

(End of provision)

The offeror shall submit one (1) copy of their entire quotation, electronically, via E-mail to forest.crumpler@nist.gov and Patrick.staines@nist.gov. The pricing quotation shall be separate from any other portion of the quotation. The offeror shall propose a firm-fixed-price quotation for CLIN 0001. Price quotations shall remain valid for a period of 90 days from the date quotations are due.

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

Evaluation Factors:

Award shall be made to the Offeror whose quotation offers the best value to the Government. The Government will evaluate quotations based on the following evaluation criteria:

Factor 1- Technical Capability Factor 2 – Past Performance Factor 3 - Experience Factor 4- Price

All non-price factors are more important in comparison to price.

If Technical Capability, Past Performance and Experience are rated as equal for multiple offers, price shall be the determining factor.

Basis for Award:

Factor 1- Technical Capability:

No prototypes, demonstration models, used or refurbished instruments shall be considered.

Evaluation of technical capability shall be based on the information provided in the quotation.

NIST will evaluate the extent to which the offeror has demonstrated that its proposed equipment meets or exceeds all minimum requirements. Quotations that do not demonstrate the proposed equipment meets all 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.

Items 4 and 5 in the Statement of Work have been identified as items where stronger consideration can be given for exceeding the minimum specification. These items are all equal in weight. Evaluation of these items will be determined by the documentation or other materials provided and the ability of that material to fully demonstrate successful use in direct bonding applications and surface activation applications, respectively.

Factor 2- Past Performance:

The Government will evaluate the Offeror’s past performance information to determine its relevance to the current requirements and the extent to which it demonstrates that the Offeror has successfully completed relevant contracts in the past three years. The Government will assign a neutral rating to Offerors with no relevant past performance information within the past three (3) years or for which past performance information was reasonably unavailable. The Government may also obtain past performance information from sources other than those provided by the Offeror in its quotation to complete its evaluation of this factor.

Factor 3- Experience:

Experience will be evaluated to determine the degree of vendors’ demonstrated ability to produce the equipment sought through this requirement. Relevant experience, history of offering the same/similar equipment, will be given preference over less relevant experience (Experience that is not for same/similar equipment as listed in this requirement).

Factor 4- Price:

Price will be evaluated to determine that the total price is consistent with the technical portion of the quotation and is a fair and reasonable price to the Government.

Past Performance, Experience and Price shall not be evaluated on quotations that are determined technically unacceptable under the Technical Capability evaluation factor.

(End of provision)

PROVISIONS AND CLAUSES:

The following provisions and clauses apply to this acquisition and are hereby incorporated by reference.

All FAR clauses may be viewed at https://www.acquisition.gov/browse/index/far All CAR clauses may be viewed at https://www.acquisition.gov/car

PROVISIONS

FAR 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation (Jan 2017) FAR 52.204-7, System for Award Management (Oct 2018) FAR 52.204-16, Commercial and Government Entity Code Reporting (Aug 2020) FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020) FAR 52.212-3 Offeror Representations and Certifications -- Commercial Items (Feb 2021) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

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

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

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

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following:

ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—

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

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/car https://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_204_25 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended."Sensitive technology"— Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and https://www.acquisition.gov/far/part-52#FAR_52_204_25

(ii) The management and daily business operations of which are controlled by one or more service-disabled veteransor, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16).

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2);

and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

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

Veteran-owned small business concern means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

Women-owned small business concern means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

(b)

(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it □ is, □ is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-http://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-4#FAR_4_1201

(i) It □ is, □ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern.

[Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-

(i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: __________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________________________________

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that–

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order11246-

(1) Previous contracts and compliance. The offeror represents that-

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

(ii) It □ has, □ has not filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that-

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 http://uscode.house.gov/ U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American-Supplies, is included in this solicitation.)

(1)

(i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

(iii) The terms "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(2) Foreign End Products:

Line Item No. Country of Origin http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_225_1

Line Item No. Country of Origin

[List as necessary]

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.

(g)

(1) Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.)

(i)

(A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product.

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

(ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

(iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

Other Foreign End Products:

https://www.acquisition.gov/far/part-25#FAR_Part_25 https://www.acquisition.gov/far/part-52#FAR_52_225_3

[List as necessary]

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.

(2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Canadian End Products:

Line Item No.

[List as necessary]

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Canadian or Israeli End Products:

Line Item No. Country of Origin https://www.acquisition.gov/far/part-25#FAR_Part_25

[List as necessary]

(4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements."

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

Other End Products:

Line Item No. Country of Origin https://www.acquisition.gov/far/part-52#FAR_52_225_5

[List as necessary]

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

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals–

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

(2) □ Have, □ have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;

(3) □ Are, □ are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) □ Have, □ have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

(i) Taxes are considered delinquent if both of the following criteria apply:

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

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

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a https://www.acquisition.gov/far/part-9#FAR_9_104_5 delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(B) The IRS has…