Final_CSS.pdf

RFQ NUMBER SB1341-16-RQ-0280

SCINTILLATOR DATA ACQUISITIONS ELECTRONICS

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 WRITTEN

SOLICITATION DOCUMENT WILL NOT BE ISSUED. THIS SOLICITATION IS

BEING ISSUED USING SIMPLIFIED ACQUISITION PROCEDURES UNDER THE

AUTHORITY OF FAR 13.5 TEST PROGRAM FOR CERTAIN COMMERCIAL ITEMS.

This solicitation is a request for quotation. The solicitation document incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005- 88.

The associated North American Industrial Classification System (NAICS) code for this procurement is 334516 with a small business size of 1000 employees. This procurement is being competed using full and open competition.

1352.215-72 INQUIRIES (APR 2010)

Offerors must submit all questions concerning this solicitation in writing to Lynda.Roark@nist.gov. Questions should be received no later than 5 calendar days after the issuance date of this solicitation. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract. The backup point of contact is Patrick Staines at Patrick.Staines@nist.gov.

(End of Provision)

BACKGROUND:

The National Institute of Standards and Technology (NIST), Office of Acquisition and Agreements Management (OAAM), Acquisition Management Division (AMD) proposes to enter into a contract on a competitive, full and open competition for the NIST Center for Neutron Research (NCNR), Research Facility Operations for a Scintillator Data Acquisition Electronics.

The NIST Center for Neutron Research (NCNR) is currently developing a Chromatic

Analyzing Neutron Diffractometer or Reflectometer (CANDOR) instrument; a tool for determining the nanometer-scale structure of advanced layered materials by recording and analyzing the angular and energy distribution of neutrons scattered by target samples.

The CANDOR instrument will use a polychromatic (“white”) incident beam of neutrons and scattered radiation will pass through arrays of highly oriented pyrolytic graphic (HOPG) crystals set at different angles with respect to the centerline of the array. Neutrons of the appropriate energy will be Bragg diffracted by the crystals into an associated neutron detector. By collecting the scattered radiation into energy bins simultaneously it will be possible to perform mailto:Lynda.Roark@nist.gov mailto:Patrick.Staines@nist.gov measurements nearly 1000 times faster than is currently possible on a traditional instrument of this type.

In order to achieve this speed of measurement, it is essential to have as many of these energy analyzing channels as possible packed into a tight angular range. If the neutron detector is exceedingly thin (~2mm), the spectrometer can accommodate 30 of these analyzing channels, each of which will host 54 neutron detectors.

The Research Facility Operations group at the NCNR has been engaged in a large development project to develop not only the energy analyzing arrays but that ultrathin neutron detector as well. The group decided to pursue using an old technology, plastic 6LiF:ZnS(Ag) scintillators as the neutron converter. Scintillation light is conducted out of the scattering plane into photosensors using wavelength shifting fiber optics. As photosensors the group decided to investigate the emerging silicon photomultiplier technology. These photosensors are inexpensive, use low bias voltages (< 100V), and are insensitive to the magnetic fields which are expected to be used by many sample environments on this spectrometer.

The signal processing for this type of neutron detector is rather more sophisticated than that used for the more traditional gas-filled proportional counters. The burst of scintillation light produced by a gamma ray capture event can be equally as intense as that for the neutron capture event, but is much shorter lived (< 200 ns). For this reason, the technique of Pulse Shape Analysis must be used to discriminate neutron capture events from gamma rays or other extraneous sources.

The purpose of this procurement is to obtain signal processing electronics for a scintillator based neutron detector with wavelength shifting fiber readout. This electronics package will be fed analog signals from the silicon photomultiplier photosensors. This electronics package shall digitize the signals from each photosensor and will apply a NIST-developed algorithm in real time to identify neutron capture events, timestamp them, and present them for high speed readout by a NIST-developed software application.

REQUIREMENTS:

The Contractor shall provide a Firm Fixed Price quotation for the following Contract Line Items.

All quoted parts/instruments/items/equipment/components must be new. No prototypes, demonstration models, used, refurbished, or remanufactured equipment/ parts/components/items/instruments will be considered for award.

Contract Line Item (CLIN) 0001: Quantity of one (1), Scintillator Data Electronics Package, meeting or exceeding the following minimum requirements:

1. Signal digitization:

a. Analog to digital converter running at 62 MS/s or faster;

b. Analog to digital conversion at 12 bits or greater;

2. Signal processing:

a. Field programmable gate array capable of processing waveforms with neutron event rates up to 10 kHz;

b. Field programmable gate array sized to permit future expansions/alterations of discrimination algorithm (minimum 1600 LUTs per channel);

c. Ability to tune operating parameters of FPGA discrimination algorithm at run time;

3. Readout:

a. Utilize open communication standards (Ethernet/TCP, Fiber Channel);

b. Scalable to 1620+ channels;

c. Capable of assigning unique identifier (or “Pixel ID”) to each channel as well as a timestamp;

4. Timestamping:

a. The system must be able to associate a timestamp with each neutron event (absolute or relative to a provided reference signal);

b. Time resolution is minimally 1 microsecond (Stronger consideration shall be given to a system that has <50 ns)

c. Dynamic range of timestamping is 60 s or greater;

d. Must be able to produce timestamps relative to a synchronizing pulse; Stronger consideration shall be given to a contractor who offers a solution that can produce absolute timestamps according to the IEEE 1588 (Precision Time Protocol) standard

5. Throughput:

a. The system must be able to handle 10,000 events per second per channel without any perceptible downtime;

b. The system must be able to handle a total of 8 million events per second over the entire collection of channels;

c. Must have high speed interface and protocol for transferring data from the electronics to a NIST-written software application;

6. Firmware:

a. System must be cable of performing in a number of operational modes:

i. Normal mode:

1. Analyzes incoming ADC waveforms in realtime, generating an event with associated timestamp once the neutron event is recognized;

2. Responds to RUN/STOP command;

a. RUN: Continually sample ADC, process waveform, generate events;

b. STOP: Stop sampling ADC, clear waveforms;

ii. Calibration mode:

1. Analyzes incoming ADC waveforms in realtime, generating an event with associated timestamp, pulse heights, and ADC integrals once the neutron event is recognized;

iii. Diagnostic mode:

1. Read and output waveforms from a single selectable ADC channel and send stream of ADC values to controlling host computer;

b. Firmware written to implement NIST-developed algorithms for neutron gamma discrimination:

1. Supporting normal data acquisition, diagnostic, and calibration modes

2. Supporting run-time parameter changes

7. Mechanical:

a. Total package must reside within a maximum volume 75” long by 39” wide by 18” tall (191 cm × 99 cm × 46 cm);

b. Total weight of electronics package is not to exceed 400 lbs

c. All requirements for electrical service, cooling, shock, or other environmental considerations for running the supplied equipment. Must be Ambient temperatures with 120V AC.

**NOTE** NIST will provide support for the electronics package by running necessary infrastructure for its operation upon receipt of deliverables identified below.

Upon award, the contractor shall coordinate with the COR to ensure that the electronics package can be properly be mounted on the NIST spectrometer. Mounting methods shall be recommended within the quotation, final mounting methods will be determined during draft design review. NIST shall conduct all mounting and installation.

d. Must include modular electronics capable of discriminating the neutron signal from the preamplified analog signal obtained from the photosensors, and any associated enclosures, power supplies, busses, etc.

LINE ITEM 0002: Training

The contractor shall conduct one (1) training session for up to three (3) users at NIST. The training shall provide a thorough demonstration of all system/solution functions, maintenance, data administration, and basic troubleshooting. The training may be completed at NIST immediately after delivery or within 2 weeks from receipt of package at NIST.

Express Warranty

The contractor shall warrant the entire system for a period of at least one year. The warranty must include unlimited telephone/e-mail support for questions regarding operation. All costs including parts, labor, travel, and other expenses necessary to repair the system will be borne solely by the contractor at no additional cost to the U.S. Government during the warranty period.

Delivery and Deliverables:

Delivery should be FOB DESTINATION (Gaithersburg, MD). The contractor shall deliver the electronics package and all associated deliverables not later than July 31, 2017. Stronger consideration shall be given offerors capable of delivering in 6 months or less following contract award.

Deliverables:

Deliverable Description Quantity/Media Date Required 1 Supply site preparation requirements (Mechanical and Power Requirements)

One electronic copy, PDF or Word Format

1 month ARO

2 Supply draft design of detailed hardware configuration for review.

One electronic copy, PDF or Word Format.

NIST shall review the draft design within 1 week from receipt. If revisions are required, the Contractor shall submit revised/final design within 2 weeks from receipt of NIST review.

1 month ARO

3 Supply draft readout protocol for review (Technical description, including but not limited to media, format, and necessary vendors supplied software)

One electronic copy, PDF or Word Format

NIST shall review the draft documents within 1 week from receipt. If revisions are

2 months ARO required, the Contractor shall submit revised/final documents within 2 weeks from receipt of NIST review.

4 100 percent completed Signal Processing Electronics Package

Complete package supporting 1620 individual channels of detection.

10 months ARO, prefer not later than 6 months

5 Supply discrimination Firmware

One electronic copy, PDF or Word Format

Not later than 6 months ARO

6 Supply electronics documentation

One electronic copy, PDF or Word Format

Not later than 6 months ARO

7 Supply source code One electronic copy Not later than 6 months ARO

8 Operational Test Data:

The contractor shall perform, document, and supply test data to demonstrate that the specifications listed above are met. Here we outline a set of measurements that would suffice for this purpose.

The contractor shall perform equivalent tests provided they are fully described and agreed to by NIST in advance.

NIST shall provide scintillator sensor, photo sensor, and associated pre-amplifier and bias electronics, if needed.

If the testing requires facilities not readily available to the contractor, the testing may be performed using the neutron beam facilities at NIST.

Beyond the properties which are intrinsic to the neutron sensor itself (e.g., neutron capture probability, optical signal strength, etc), there are a number of characteristics of the system to which the

One electronic copy, PDF or Word Format

Test Data Must Include:

Neutron Sensitivity

If the number of neutrons absorbed by the scintillator is N (determined using a reference 3He detector), the number of neutron events successfully processed by the electronics shall be at least 0.9N.

Gamma Ray Rejection

If the detector count rate with neutrons of energy greater than

0.4 nm incident on the detector is N (n/s), then with a thick, boron-loaded neutron absorber (sufficient to absorb 99.99% of the incident neutrons) covering the face of the detector, the apparent count rate (due to boron-capture gamma rays) must be less than 2 × 10-7 N.

Count Rate

Assuming the detector requires a time, (dead time), to process

10 months ARO, prefer not later than 6 months processing of the photosensor signal directly contributes.

each detected neutron, then the apparent detector count rate (corrected for detection efficiency), N (n/s), is related to the true count rate, Nt, by 𝑁𝑁 = 𝑁𝑁𝑡𝑡 (1 + 𝑁𝑁𝑡𝑡𝜏𝜏)⁄ . The detector is required to have N/Nt > 80 % for Nt up to 104 counts/s, corresponding to < 2 x 10-5 s.

This may be demonstrated by a well-documented measurement of the detector dead time, , or by plotting N versus Nt for increasing Nt up to 104/s.

Dark Current

With no neutrons or gamma rays (other than cosmic rays) incident on the scintillator, the event count rate must be less than 0.1 counts/cm2/minute.

9 Training Onsite Within 2 weeks from delivery of final system.

Inspection and Acceptance:

In addition to the inspection and acceptance terms articulated in 52.246-2, 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 operated. The Contractor has the right to be present during the tests and evaluations, if performed, at the Contractors expense.

The following performance measurements are required:

NIST will inspect all components upon delivery and will report any damage found due to shipping. Contract shall replace any component found to be damaged during shipping.

NIST will review submitted performance test results (Neutron Sensitivity, Gamma Ray Rejection, and Dark Current) to verify that Contractor’s stated performance specifications have been met.

NIST may carry out its own equivalent performance tests to confirm Contractor’s results.

Acceptance will be contingent on approval by NIST that all performance tests have been completely satisfactorily.

Final acceptance testing shall occur within 14 days after training.

Due Date for Quotations

Offerors shall submit their quotations so that NIST receives them not later than 3:30 p.m.

Eastern Time on June 10, 2016. FAX quotations shall not be accepted. E- mail quotations shall be accepted at lynda.roark@nist.gov. Offeror’s quotations shall not be deemed received by the Government until the quotation is entered into the e-mail address inbox set forth above.

Quotations may also be sent to the National Institute of Standards and Technology, Acquisition Management Division, Attn: Lynda Roark, 100 Bureau Drive, Stop 1640, Gaithersburg, MD 20899-1640. All Offerors should ensure the RFQ number is visible on the outermost packaging.

Because of heightened security, electronic delivery is the preferred method of delivery of quotes. If quotes are hand delivered, delivery shall be made on the actual due date through Gate A, and a 48 hour (excluding weekends and holidays) prior notice shall be provided to Lynda Roark, Contract Specialist on 301-975-33725

Addendum to FAR 52.212-1, Quotation Preparation Instructions

1.) Technical Quotation:

The offeror shall submit an original and one copy of the technical quotation. If the quotation is submitted electronically, additional copies are not required. The technical quotation shall address the following:

Technical Capability:

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

NIST shall give stronger consideration, in no particular order, to the following specifications:

Specification 4, Timestamping:

a. Time resolution is minimally 1 microsecond (Stronger consideration shall be given to a system that has <50 ns)

c. Must be able to produce timestamps relative to a synchronizing pulse; (Stronger consideration shall be given to a contractor who offers a solution that can produce absolute timestamps according to the IEEE 1588 (Precision Time Protocol) standard)

Delivery: Stronger consideration shall be given offerors capable of delivering the final package mailto:lynda.roark@nist.gov in 6 months or less following contract award.

2.) Past Performance:

The offeror shall provide past performance information regarding relevant contracts over the past five (5) years with Federal, state, or local governments, or commercial customers. If the offeror intends to subcontract with another firm(s) for part of this requirement, that firm’s past performance information shall also be provided. 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. It is recommended that approximately 3-5 contracts be referenced.

The description of each contract/order described in this section shall not exceed one half page in length. For each contract/order, the offeror shall provide the following information:

1. Contract number;

2. Description and relevance to solicitation requirements including dollar value;

3. Period of Performance – indicate by month and year the state and completion (or “ongoing”) dates for the contract;

4. Reference Contact – If a non-Government contract, identify the name and address of the client with current telephone number and email address of a point of contact of the client responsible for the contract;

5. Contracting Office – If a Government contract (Federal or state), identify the Procuring Contracting Officer (PCO), administrative Contracting Officer (ACO), and Contracting Officer’s Representative (COR), and their names, current telephone numbers and email addresses.

6. Problems Encountered – include information regarding information regarding any problems encountered on the contracts described above and corrective actions taken to resolve those problems.

3.) Experience:

The offeror shall demonstrate the extent to which it has recently manufactured, fabricated, and distributed similar equipment. Vendors shall submit a list of at least three similar systems supplied in the past five (5) years. Information shall include the model name/number, date of sale, end user name, and end user contact information.

4.) Price Quotation:

The offeror shall submit an original and one copy of the completed priced schedule quotation. If the quotation is submitted electronically, additional copies are not required. The pricing quotation shall be separate from any other portion of the quotation. The offeror shall propose a firm fixed-price, FOB Destination for each CLIN. Contractor shall state warranty coverage. Price quotations shall remain valid for a period of 90 days from the date quotations are due.

5.) This is an Open-Market Combined Synopsis/Solicitation for the equipment identified above.

The Government intends to award a Purchase Order as a result of this Combined Synopsis/Solicitation that will include the terms and conditions that are set forth herein. In order to facilitate the award process, ALL quotes shall include a statement regarding the terms and conditions herein as follows:

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

OR

b. The offeror 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:”

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

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 an offeror submits a quotation based upon an FSS or GWAC contract, the Government will accept the quoted price. However, the terms and conditions stated herein will be included in any resultant Purchase Order, not the terms and conditions of the offeror’s FSS or GWAC contract, and the statement required above shall be included in the quotation;

6.) The Dun and Bradstreet Number (DUNS number) for the quoter’s active System for Award Management (SAM) registration. Quoters must have an active registration at www.SAM.Gov to receive an award;

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

8.) SMALL BUSINESS SUBCONTRACTING PLAN:

In accordance with FAR 52.219-9 entitled “Small, Small Disadvantaged and Women Owned Small Business Subcontracting Plan”, a subcontracting plan must be submitted for this acquisition. Businesses not certified as a small business must submit a Small Business Subcontracting Plan.

Evaluation Factors

Award shall be made to the offeror whose quotation offers the best value to the Government price and other factors considered. The Government will evaluate quotations based on the following evaluation criteria: 1) Technical Capability 2). Past Performance, 3) Experience, and 4) Price. All non-price factors, when combined, are equally important to price.

1. Technical Capability: No prototypes, demonstration models, used or refurbished instruments will be considered. Evaluation of technical capability shall be based on the information provided in the quotation. NIST will evaluate whether 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 offerors technical description and/or product literature does not indicate whether its proposed equipment meets a certain minimum requirement, and/or the offeror does not submit the test measurements/data from a real device, NIST will determine that it does not meet the requirements.

2. Past Performance: The Government will evaluate the Offeror's past performance information and, if appropriate, its proposed subcontractors' past performance to determine its relevance to the current requirement and the extent to which it demonstrates that the offeror has successfully completed relevant contracts in the past five years. In assessing the offeror's past performance information, NIST will evaluate, as appropriate, successful performance of contract requirements, quality and timeliness of delivery of goods and services, cost management, communications between contracting parties, proactive management and customer satisfaction. Evaluation of this factor will be based on information contained in the technical portion of the quotation and information provided by references. The Government will evaluate past performance information by contacting appropriate references, including NIST references, if applicable. The Government may also consider other available information in evaluating the Offeror’s past performance. The Government will assign a neutral rating if the offeror has no relevant past performance information.

3. Experience: NIST will evaluate the extent of the offeror’s experience to which it has recently manufactured, fabricated, and distributed similar equipment within the past five (5) years

4. Price: The Government will evaluate price for reasonableness.

5. Sub-Contracting Plan:

The Government shall evaluate the extent to which offerors identify and commit to small business and historically black college or university and minority institution performance of the contract, whether as a joint venture, teaming arrangement, or subcontractor.

ESRS Reporting

The Contractor shall report all subcontract awards to small, small disadvantaged, women-owned, HUBZones, veteran-owned and service-disabled veteran-owned small business concerns. The reports shall be prepared using the electronic Subcontracting Reporting System (eSRS) via the internet at http://www.esrs.gov. The Individual Subcontracting Report (ISR), formerly SF 294, shall be submitted semi-annually for the periods of October 1 through March 31 and April 1 through September 30. The Summary Subcontracting Report (SSR), formerly, SF 295 shall be submitted annually for the period of October 1 through September 30.

Contractor Performance Evaluations

During the life of this contract, Contractor performance will be evaluated on an interim (if applicable) and final basis pursuant to FAR Subpart 42.15. The Contractor Performance Assessment Reporting System (CPARS) will be utilized for these reviews. Information on CPARS can be located at http://www.cpars.gov.

Provisions:

Offerors shall complete annual representations and certifications on-line at www.sam.gov in accordance with FAR 52.212-3 Offerors Representations and Certifications- Commercial Items.

If paragraph (j) of the provision is applicable, a written submission is required.

52.252-1 Solicitation Provisions Incorporated by Reference

This contract incorporates one or more provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/.

52.204-7 – System for Award Management 52.212-1 – Instructions to Offerors-Commercial Items 52.212-3 – Offerors Representations and Certifications-Commercial Items 52.204-16 – Commercial & Government Entity Code Reporting 52.204-17 – Ownership or Control of Offeror 52.204-18 – Commercial & Government Entity Code Maintenance 52.219-1 Small Business Program Representation 52.225-6 Trade Agreements Certificate

Trade Agreements Certificate (May 2014)

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

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

Other End Products

Line Item No. Country of Origin:

[List as necessary]

(c) The Government will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation. For line items covered by the WTO GPA, the Government http://www.sam.gov/ http://www.acquisition.gov/far/ 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 those products are insufficient to fulfill the requirements of this solicitation.

(End of Provision)

52.203-98, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements—Representation (DEVIATION 2015-02)

Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements—Representation (FEB 2015)

(a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

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

(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(End of provision)

Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2014)

(1) In accordance with Sections 536 and 537 of Division B of Public Law 113-76 Consolidated Appropriations Act, 2014, none of the funds made available by Consolidated Appropriations Act, 2014 funding may be used to enter into a contract with any corporation that-

(a) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government, or

(b) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(2) The Offeror represents that, as of the date of this offer-

(a) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(b) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

(End of provision)

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

(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.] _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509)).

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

https://acquisition.gov/far/current/html/52_207_211.html#wp1146366 https://acquisition.gov/far/current/html/52_233_240.html#wp1113329 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://acquisition.gov/far/current/html/52_233_240.html#wp1113344 http://uscode.house.gov/ https://acquisition.gov/far/current/html/52_200_206.html#wp1137622 http://uscode.house.gov/ http://uscode.house.gov/ https://acquisition.gov/far/current/html/52_200_206.html#wp1141983 http://uscode.house.gov/ https://acquisition.gov/far/current/html/52_200_206.html#wp1144881

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (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. (Aug 2013) (31 U.S.C. 6101 note).

_X_ (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.

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

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

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

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

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

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

_X_ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Oct 2014) of 52.219-9.

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

__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

_X_ (20) 52.219-16, Liquidated Damages—Subcon-tracting 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. 657 f).

_X_ (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C.

632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (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 (Jan 2014) (E.O. 13126).

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_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X_ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(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 (Jul 2014) (38 U.S.C. 4212).

_X_ (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 78 and E.O. 13627).

__ (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35)(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.)

__ (36)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-13.

__ (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

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

__ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

__ (39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514).

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

_X_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

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

__ (42)(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.

_X_ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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__ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (54)(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:

[Contracting Officer check as appropriate.] __ (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

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

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

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

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

__ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O.13495).

__ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

__ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

__ (10) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order 13658).

(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.

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