RFQ__Combined_SynopsisSolicitation__Three_Generators.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.

DATE . 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

Attachment Page

PAGE 3 OF 17 SB133517RQ1010

COMBINED SYNOPSIS/SOLICITATION SB1335-17-RQ-1010

Three Keysight Vector Signal Generators

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart

12.6 – Streamlined Procedures for Evaluation and Solicitation for Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested, and a separate written solicitation document will not be issued. This solicitation is being issued under the authority of FAR Part 13 Simplified Acquisition Procedures. This solicitation is a Request for Quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circulars (FAC) Numbers 2005-94 and 2005-95 effective 01/19/2017.

The Department of Commerce (DOC), National Institute of Technology (NIST), invites offerors to submit a quote in accordance with this RFQ No. SB1335-17-RQ-1010 on behalf of National Telecommunications and Information Administration (NTIA), Institute for Telecommunication Sciences (ITS). The NTIA, ITS is soliciting for Three Keysight Vector Signal Generators in accordance with Attachment A, Specifications. The associated North American Industrial Classification System (NAICS) code for this procurement is 334515, Instrument Manufacturing for Measuring and Testing Electricity and Electrical Signals, with a Small Business Size Standard of 750 employees. Only quotes submitted by qualified small business concerns will be considered.

The DOC NTIA anticipates the award of a Firm Fixed Price contract based on a Lowest Priced, Technically Acceptable (LPTA) offer.

This solicitation incorporates by reference the clauses: FAR 52.212-1, 52.212-4. FAR 52.212-3 and 52.212-5. Any resulting contract award may incorporate the FAR, Commerce Acquisition Registration (CAR), NIST Local clauses. The FAR, CAR, and NIST Local clauses are contained herein and will be incorporated in a resulting contract, as applicable.

Offerors must submit a price quote that meets all the requirements according to Attachment A, Specifications, attached herein. Offerors’ quote submission shall be valid for no less than sixty (60) days.

Offerors shall indicate if any technical assumptions have been made, conditions have been stipulated, or exceptions have been taken with the stated Government Specifications, as written. If technical assumptions are not noted, it will be assumed that the offerors’ quotes reflect no technical assumptions for award and agree to comply with all of the terms and conditions set forth, herein.

DELIVERY

The system must be delivered within Eight (8) Weeks after contract award. The items shall be shipped F.O.B.

Destination to:

Department of Commerce National Telecommunications & Information Administration (NTIA), Institute for Telecommunication Sciences (ITS) 325 Broadway Boulder, CO 80305

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 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.

EVALUATION CRITERIA AND BASIS FOR AWARD

The Government intends to award a purchase order resulting from this solicitation to the responsible offerors whose quotations, conforming to the solicitation, is the lowest price, technically acceptable quotation.

Technically acceptable means that the offerors provide a system that meets the requirement specified in Attachment A, Specifications, and the requirements of all Line Items. If offerors do not indicate how its proposed equipment meets a certain minimum requirement, NIST will determine that it does not.

PAGE 4 OF 17 SB133517RQ1010

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

NIST intends to evaluate quotes and issue a contract based on the initial quotes received. Therefore, the offerors’ initial quote should contain the offerors’ best terms from a price and technical standpoint. NIST reserves the right to request revised quotes from, or negotiate final contract terms with, one or more, but not all, offerors if later determined by the Contracting Officer to be necessary.

REQUIRED SUBMISSIONS

All offerors shall submit the following:

1. For the purpose of evaluation of Technical Acceptability: Documentation that confirms the offeror is capable of providing specifications as stated in Attachment A, Specifications. Offerors shall include a copy of the quoted system’s manufacturer’s specifications and warranty.

2. Offerors shall provide pricing for the following line item. All equipment must be new. Used or remanufactured equipment will not be considered for award.

Line Item 0001: Quantity Two (2) Keysight Vector Signal Generators, inclusive of F.O.B Destination shipping and warranty requirements which meets all specifications in accordance with Attachment A, Specifications, contained herein.

Line Item 0002: Quantity One (1) Keysight Vector Signal Generator, inclusive of F.O.B Destination shipping and warranty requirements which meets all specifications in accordance with Attachment A, Specifications, contained herein.

3. A completed version of all required solicitation provisions (see attached provisions/clauses document – required submissions.).

4. If the offerors object 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:” [Offerors 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 Offerors’ acceptance of the Government’s terms and conditions for inclusion into the resultant purchase order.

5. Offerors shall provide an active DUNS and CAGE Code # for the System for Award Management (SAM) registration.

Please note that this procurement IS NOT being conducted under the GSA Federal Supply Schedule (FSS) program or another Government-Wide Area Contract (GWAC). If a contractor 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 contractor’s FSS or GWAC contract, and the statement required above shall be included in the quotation;

All responsible Offerors may submit offers which shall be considered. This solicitation and any subsequent amendments will be posted on the FBO.GOV website: www.fbo.gov. Prospective offerors are responsible for downloading their own copy of the solicitation from this website and for frequently monitoring that site for any amendments. The Government is not responsible for any inability of the offeror to access the posted documents.

DUE DATE FOR QUOTATIONS

Your quote must be submitted via email to Donald Graham, NIST Contracting Officer (CO), at email address:

donald.graham@nist.gov and Lawana Pressley-Lawson, Contract Specialist (CS) at email address: lpressley-lawson.ctr@ntia.doc.gov No Later Than 10:00 AM Eastern Time, Friday, September 15, 2017. Along with your quote submission, you shall only complete and submit the price quote spreadsheet which is identified as Attachment B, PAGE 5 OF 17 SB133517RQ1010

Price Quote Table. A quotation shall be considered received when it is received in the electronic inboxes of Lawana Pressley-Lawson and Donald Graham not later than the date and time identified herein.

The Government will not accept hand-delivered quotation submission, facsimile submission, or US Postal mail delivery submission. All questions regarding this solicitation shall be sent to both the CO and CS via the stated email addresses.

Please note this solicitation shall not be considered direction to proceed with the subject effort or a promise of future direction to proceed. Contractors are solely responded for quote submission costs.

All questions regarding this solicitation must be made in writing to the CO, Donald Graham, and with a copy to the CS, Lawana Pressley-Lawson, at donald.graham@nist.gov and lpressley-lawson.ctr@ntia.doc.gov, respectively. Questions submitted after this date may not be addressed by the Government prior to the quotation submission deadline. At no time during the solicitation period should a prospective Offeror contact any individual within DOC or NIST to seek assistance with a question or concern regarding this solicitation.

Thank you in advance for your strict adherence to this instruction, and thank you for your interest in doing business with

DOC.

PROVISIONS AND CLAUSES:

The clauses and provisions applicable to this solicitation can be found under Applicable Clauses & Provisions. The full text of a FAR provision or clause may be accessed electronically at https://farsite.hill.af.mil or www.acquisition.gov/far.

The full text of a CAR provision or clause may be accessed electronically at https://farsite.hill.af.mil or http://www.osec.doc.gov/oam/acquistion_management/policy/.

ATTACHMENTS:

The following attachments apply to this solicitation:

1. Attachment A, Specifications

2. Attachment B, Price Quote Table

3. Attachment C, Applicable Clauses & Provisions

PAGE 6 OF 17 SB133517RQ1010

ATTACHMENT A, SPECIFICATIONS

Requirement: Keysight Vector Signal Generators NTIA Office: Institute for Telecommunication Sciences

Request for Quote Number: SB1335-17-RQ-01010

We require THREE Keysight Vector Signal Generators that can operate up to 6 GHz with a minimum 160 MHz baseband generator bandwidth and 1 Gsample baseband generator memory. The generators must be rackmount capable, be software controllable via SCPI over Ethernet, and operate with previously written custom waveform loading software and instrument control software (without requiring software modification) developed by the Institute for Telecommunication Sciences.

Specifically, we require one Keysight N5182B Vector Signal Generator with the options identified in Configuration 1 below and one Keysight N5182B Vector Signal Generator with the options identified in Configuration 2 below.

Configuration 1 of the Keysight N5182B Vector Signal Generator

Configuration 2 of the Keysight N5182B Vector Signal Generator

1) N5182B MXG RF Vector Signal Generator 1) N5182B MXG RF Vector Signal Generator

2) N5182B-UNZ Fast switching 2) N5182B-UNZ Fast switching

3) N5182B-1EQ Low specified power 3) N5182B-1EQ Low specified power

4) N5182B-1EA High output power 4) N5182B-1EA High output power

5) N5182B-UNY Enhanced low phase noise 5) N5182B-UNY Enhanced low phase noise

6) N5182B-431 Custom digital modulation 6) N5182B-431 Custom digital modulation

7) N5182B-430 Multitone and two-tone 7) N5182B-430 Multitone and two-tone

8) N5182B-506 Frequency range 9 kHz to 6 GHz 8) N5182B-506 Frequency range 9 kHz to 6 GHz

9) N5182B-UNV Enhanced dynamic range 9) N5182B-UNV Enhanced dynamic range

10) N5182B-657 Upgrade baseband generator to 160

MHz

10) N5182B-657 Upgrade baseband generator to 160

MHz

11) N5182B-656 ARB baseband generator 11) N5182B-656 ARB baseband generator

12) N5182B-1EL Differential I/Q outputs 12) N5182B-1EL Differential I/Q outputs

13) N5182B-023 Upgrade baseband generator memory from 32 Msa to 1 Gsa

13) N5182B-023 Upgrade baseband generator memory from 32 Msa to 1 Gsa

14) N5182B-UNW Narrow pulse modulation 14) N5182B-UNW Narrow pulse modulation

15) N5182B-UNT AM, FM, phase modulation 15) N5182B-UNT AM, FM, phase modulation

16) N5182B-009 Internal solid state memory 16) N5182B-009 Internal solid state memory

17) 1CP004A Rack mount flange and handle kit 88.1mm

H(2U) – brackets, handles, hole plugs

17) 1CP004A Rack mount flange and handle kit 88.1mm

H(2U) – brackets, handles, hole plugs

18) R-51B-001-5Z Warranty Assurance Plan - Return to

Keysight - 5 years

18) R-51B-001-5Z Warranty Assurance Plan - Return to

Keysight - 5 years

19) N5182B-660 Upgrade baseband generator with real-time capability

20) N5182B-403 Calibrated AWGN

21) N7605B Signal Studio for real-time fading (real-time)

PAGE 7 OF 17 SB133517RQ1010

ATTACHMENT A, SPECIFICATIONS (Cont.)

Requirement: Keysight Vector Signal Generators

Request for Quote Number: SB1335-17-RQ-01010

We require a vector signal generator that can operate up to 6 GHz with a minimum 160 MHz baseband generator bandwidth and 1 Gsample baseband generator memory. The generator must be rackmount capable, be software controllable via SCPI over Ethernet, and operate with previously written custom waveform loading software and instrument control software (without requiring software modification) developed by the Institute for Telecommunication Sciences.

Specifically, we require ONE Keysight N5182B MXG Vector Signal Generator with the options identified below.

Keysight N5182B MXG Vector Signal Generator

1) N5182B MXG RF Vector Signal Generator

2) N5182B-UNZ Fast switching

3) N5182B-1EQ Low specified power

4) N5182B-1EA High output power

5) N5182B-UNY Enhanced low phase noise

6) N5182B-431 Custom digital modulation

7) N5182B-430 Multitone and two-tone

8) N5182B-506 Frequency range 9 kHz to 6 GHz

9) N5182B-UNV Enhanced dynamic range

10) N5182B-657 Upgrade baseband generator to 160 MHz

11) N5182B-656 ARB baseband generator

12) N5182B-1EL Differential I/Q outputs

13) N5182B-023 Upgrade baseband generator memory from 32

Msa to 1 Gsa

14) N5182B-UNW Narrow pulse modulation

15) N5182B-UNT AM, FM, phase modulation

16) N5182B-009 Internal solid state memory

17) 1CP004A Rack mount flange and handle kit 88.1mm H(2U) – brackets, handles, hole plugs

18) R-51B-001-5Z Warranty Assurance Plan - Return to Keysight - 5 years

PAGE 8 OF 17 SB133517RQ1010

ATTACHMENT B

PRICE QUOTE TABLE – SUBMIT WITH QUOTE

Requirement: Keysight Vector Signal Generators

Request for Quote Number: SB1335-17-RQ-1010

Offeror Name:________________________________________

Duns: _______________ Cage Code: ______________________

The offerors shall provide a price quote for the following Keysight Vector Signal Generators, in accordance with all requirements Attachment A, Specifications, and as specified in this solicitation:

Prices should match the SF-1449 Schedule CLINs Description Quantity Unit

Price Extended Price

0001 Keysight Vector Signal Generators

0002 Keysight Vector Signal Generator

Total Extended Price

*The Delivery Date for the stated Keysight Vector Signal Generators requirement is Eight (8) Weeks after receipt of Order.

NOTE:

The offeror’s shall propose a price quote the meets all of the requirements and specifications in Attachment A, Specifications, of RFQ No. SB1335-17-RQ-1010.

1. Only submit price quotes on Attachment B, Price Quote Table.

2. Complete the following columns: “Unit Price” and “Extended Price”.

3. Include the cost of shipping in the unit price of the item.

4. Complete the following row: “Total Extended Price”.

5. Other pricing tables may not be considered or evaluated.

6. Extraneous information and data may be discarded without evaluation.

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

PAGE 9 OF 17 SB133517RQ1010

Offerors shall adhere to all the solicitation requirements contained within Request For Quotes (RFQ) No.

SB1335-17-RQ-01010, to include but not limited to, the Attachment A, Specifications; Attachment B, Price Quote Table; and Attachment C, Applicable Clauses & Provisions.

0001 Purchase of two Vector Signal Generators

PR NUMBER: NT000000-17-01511

DELIVERY DATE: 05/15/2017

SHIP TO:

US DEPARTMENT OF COMMERCE

NTIA/ITS.T

325 BROADWAY

BOULDER CO 80305-3328

FOB : Destination

2.00 EA

0002 Purchase of one vector signal generator.

PR NUMBER: NT000000-17-01494

DELIVERY DATE: 04/11/2017

SHIP TO:

US DEPARTMENT OF COMMERCE

NTIA/ITS.T

325 BROADWAY

BOULDER CO 80305-3328

FOB : Destination

1.00 EA

Table of Contents

PAGE 10 OF 17 SB133517RQ1010

SECTION

. 1 Attachment C, Applicable Clauses & Provisions

. 2 52.204-20 PREDECESSOR OF OFFEROR (JUL 2016)

. 3 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY

CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

. 4 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2017)

. 5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017)

. 6 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (JAN 2017)

. 7 52.233-3 PROTEST AFTER AWARD (AUG 1996)

. 8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

. 9 1352.201-70 CONTRACTING OFFICER?s AUTHORITY (APR 2010)

. 10 1352.201-72 CONTRACTING OFFICER`S REPRESENTATIVE (COR) (APR 2010)

. 11 1352.209-70 POTENTIAL ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

. 12 1352.209-72 RESTRICTIONS AGAINST DISCLOSURE (APR 2010)

. 13 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

. 14 1352.233-70 AGENCY PROTESTS (APR 2010)

. 15 NIST LOCAL-04 BILLING INSTRUCTIONS

. 16 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--

COMMERCIAL ITEMS (JAN 2017)

. 17 52.247-34 F.O.B. DESTINATION (NOV 1991)

. 18 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

PAGE 11 OF 17 SB133517RQ1010

SECTION

. 1 Attachment C, Applicable Clauses & Provisions

Attachment C Applicable Clauses & Provisions

PAGE 12 OF 17 SB133517RQ1010

. 2 52.204-20 PREDECESSOR OF OFFEROR (JUL 2016)

(Reference 52.204-20)

. 3 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY

CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(Reference 52.209-11)

. 4 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2017)

(Reference 52.212-1)

. 5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017)

(Reference 52.212-3)

. 6 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (JAN 2017)

(Reference 52.212-4)

. 7 52.233-3 PROTEST AFTER AWARD (AUG 1996)

(Reference 52.233-3)

. 8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

(Reference 52.252-1)

. 9 1352.201-70 CONTRACTING OFFICER?s AUTHORITY (APR 2010)

(Reference 1352.201-70)

. 10 1352.201-72 CONTRACTING OFFICER`S REPRESENTATIVE (COR) (APR 2010)

(Reference 1352.201-72)

. 11 1352.209-70 POTENTIAL ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

(Reference 1352.209-70)

. 12 1352.209-72 RESTRICTIONS AGAINST DISCLOSURE (APR 2010)

(Reference 1352.209-72)

. 13 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

(Reference 1352.209-73)

. 14 1352.233-70 AGENCY PROTESTS (APR 2010)

(Reference 1352.233-70)

. 15 NIST LOCAL-04 BILLING INSTRUCTIONS

(Reference NIST LOCAL-04)

PAGE 13 OF 17 SB133517RQ1010

. 16 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--

COMMERCIAL ITEMS (JAN 2017)

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

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

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

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

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

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

X (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.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (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).

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

(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

(10) [Reserved] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

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

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

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

(13) [Reserved] (14) X (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

(ii) Alternate I (Nov 2011) of 52.219-6.

(iii) Alternate II (Nov 2011) of 52.219-6.

(15)

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

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

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

X (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

(17)

(i) 52.219-9, Small Business Subcontracting Plan (JAN 2017) (15 U.S.C. 637(d)(4)).

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

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

(iv) Alternate III (Nov 2016) of 52.219-9.

(v) Alternate IV (Nov 2016) of 52.219-9.

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

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

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

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

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

PAGE 14 OF 17 SB133517RQ1010

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

(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

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

X (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Oct 2016) (E.O.

13126).

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

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

X (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

X (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.

13627).

(ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 7 and E.O. 13627).

X (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 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.)

(35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017;

applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph 52.212-5(b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(36) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

(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(R) -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(R) -Registered Television (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(Dec 2007) (42 U.S.C. 8259b).

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

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

X (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. 552a).

(ii) Alternate I (JAN 2017) of 52.224-3.

X (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 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 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).

PAGE 15 OF 17 SB133517RQ1010

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

2307(f)).

(56) 52.232-30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C. 4505, 10 U.S.C.

2307(f)).

X (57) 52.232-33, Payment by Electronic Funds Transfer - System for Award Management (Jul 2013) (31 U.S.C. 3332).

(58) 52.232-34, Payment by Electronic Funds Transfer - Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

(59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

X (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

X (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

(62) (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.

(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) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

(2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(3) 52.222-42, Statement of Equivalent Rates for Federal Hires(May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(4) 52.222-43, Fair Labor Standards Act and Service Contract Labor --Price Adjustment (Multiple Year and Option Contracts)(May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(5)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).

(6)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).

(7) 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).

X (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C.

1792).

(11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008)(31 U.S.C. 5112(p)(1)).

(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 (Oct 2015) (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

PAGE 16 OF 17 SB133517RQ1010

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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.

(iv)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.

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

(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities(Jul 2014) (29 U.S.C. 793).

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(x) 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.

(xi) 52.222-41, Service Contract Labor Standards (May 2014),(41 U.S.C. chapter 67).

(xii) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(xiii) 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.)

(xiv) 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)

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

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

(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017;

applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016)).

(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)

. 17 52.247-34 F.O.B. DESTINATION (NOV 1991)

(a) The term "f.o.b. destination," as used in this clause, means--

(1) Free of expense to the Government, on board the carrier`s conveyance, at a specified delivery point where the consignee`s facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee`s wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including "piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for "heavy or bulky freight." When supplies meeting the requirements of the

PAGE 17 OF 17 SB133517RQ1010

referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

(b) The Contractor shall-- (1)

(i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

(End of Clause)

. 18 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

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

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

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

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

Washington, D.C. 20230.

FAX: (202) 482-5858

(End of clause)

lpressley-lawson.ctr@ntia.doc.gov

100 BUREAU DRIVE STOP 1640

BUILDING 301 ROOM B129

GAITHERSBURG MD 20899-1640