FormSF1449.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

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

PAGE 3 OF 28 SB1341-16-RQ-0600

For light shipping use NIST's UPS Acct V99R29 - MUST REFERENCE: 6877373-000/PAPPAS OR NIST's Freight Account #7036599 - MUST REFERENCE

6877373-000/PAPPAS.

TAS# 13-4650

0001 AQV. Purchase of X-ray Photoelectron Spectroscopy

Package for Quantum Materials and Devices Group, Div 687.07, according to SPECIFICATIONS attached.

PR NUMBER: NB687070-16-02700

DELIVERY DATE: 10/28/2016

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

325 BROADWAY

BOULDER CO 80305-3328

FOB : Destination

1.00 EA

Table of Contents

PAGE 4 OF 28 SB1341-16-RQ-0600

SECTION

. 1 Attachment A-Solicitation Addenda Instructions

. 2 Attachment B- Specifications

. 3 Attachment C- Schedule of Prices

. 4 Special Contract Requirement

. 5 52.202-1 DEFINITIONS (NOV 2013)

. 6 52.203-3 GRATUITIES (APR 1984)

. 7 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)

. 8 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS (APR 2014)

. 9 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011)

. 10 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

. 11 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JULY 2013)

. 12 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2015)

. 13 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MANAGEMENT (JUL 2015)

. 14 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY

CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

. 15 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2015)

. 16 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

. 17 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (APR 2016)

. 18 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (MAY 2015)

. 19 52.225-8 DUTY-FREE ENTRY (OCT 2010)

. 20 52.232-13 NOTICE OF PROGRESS PAYMENTS (APR 1984)

. 21 52.232-16 PROGRESS PAYMENTS (APR 2012)

. 22 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

. 23 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

. 24 52.242-13 BANKRUPTCY (JUL 1995)

. 25 52.243-1 CHANGES--FIXED-PRICE (AUG 1987)

. 26 52.246-2 INSPECTION OF SUPPLIES--FIXED-PRICE (AUG 1996)

. 27 52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)

. 28 52.247-34 F.O.B. DESTINATION (NOV 1991)

. 29 1352.208-70 RESTRICTIONS ON PRINTING AND DUPLICATING (APR 2010)

. 30 1352.209-72 RESTRICTIONS AGAINST DISCLOSURE (APR 2010)

. 31 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

. 32 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

. 33 1352.228-72 DEDUCTIBLES UNDER REQUIRED INSURANCE COVERAGE- FIXED PRICE (APR 2010)

. 34 1352.237-71 SECURITY PROCESSING REQUIREMENTS - LOW RISK CONTRACTS (APR 2010)

. 35 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

. 36 52.211-9 III DESIRED AND REQUIRED TIME OF DELIVERY (JUN 1997)--ALTERNATE III (APR 1984).. 18

. 37 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--

COMMERCIAL ITEMS (JUN 2016)

. 38 52.225-2 BUY AMERICAN CERTIFICATE (MAY 2014)

. 39 52.225-18 PLACE OF MANUFACTURE (MAR 2015)

. 40 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

. 41 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

. 42 1352.201-70 CONTRACTING OFFICER?s AUTHORITY (APR 2010)

. 43 1352.201-72 CONTRACTING OFFICER?s REPRESENTATIVE (C0R) (APR 2010)

. 44 1352.228-70 INSURANCE COVERAGE (APR 2010)

. 45 1352.233-70 AGENCY PROTESTS (APR 2010)

. 46 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

. 47 1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

Table of Contents

PAGE 5 OF 28 SB1341-16-RQ-0600

. 48 NIST LOCAL-04 BILLING INSTRUCTIONS

. 49 NIST LOCAL-10 DELIVERY INSTRUCTIONS

. 50 NIST LOCAL-36 TRAVEL NOTE

PAGE 6 OF 28 SB1341-16-RQ-0600

SECTION

. 1 Attachment A-Solicitation Addenda Instructions

ATTACHMENT A – SOLICITATION ADDENDA, INSTRUCTIONS, EVALUATION

CRITERIA & BASIS FOR AWARD

Contents

1. GENERAL

2. 52.212-1 – INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS,

SOLICITATION ADDENDA

3. CONTINUATION OF INSTRUCTIONS TO OFFERORS

3.1. Questions and Inquiries

3.2. Submission of Quotes

3.2.1. Part I-Technical Non-Price Factors

3.2.2. Part II-Price Quote

3.3. Submission of Quotations

3.3.1. General

3.3.2. Submission Format

3.3.3. Text

3.3.4. Font Size

3.3.5. Page Limitation

3.3.6. Cross-referencing

3.4. Confidential Information

3.5. List of Attachments

4. EVALUATION CRITERIA AND BASIS FOR AWARD

4.2. Technical Capability

4.3 Price

1. GENERAL

PAGE 7 OF 28 SB1341-16-RQ-0600

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. This combined synopsis/solicitation is being issued as a request for proposal (RFP) # SB1341-16-RQ-0600 utilizing simplified acquisition procedures authorized by FAR Subpart 13.5. The Contracting Officer will not use nor shall this solicitation be subject to the formal source selection procedures described in FAR part 15. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-88.

The termology Request for Quote (RFQ) and Request for Proposal (RFP) are used interchangeable throughout this document and have the same meaning for the purpose of this solicitation.

2. 52.212-1 – INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS,

SOLICITATION ADDENDA

The following paragraphs of 52.212-1 are changed to read as follows.

52.212-1 (f)(2) Late Submissions. Any proposal received at the Government office designated in the solicitation after the exact time specified for receipt of proposals is late and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late proposal would not unduly delay the acquisition.

52.212-1 (g) Contract award. The Government intends to evaluate proposals and issue a purchase order based on the initial quotations received. Therefore, the offer’s initial quotation should contain the offers’ s best terms from a price and technical standpoint. The Government reserves the right to request revised proposals from, or negotiate final purchase order terms with, one or more, but not all, proposal if later determined by the Contracting Officer to be necessary. However, the Contracting Officer will not establish a competitive range, conduct discussions, or otherwise use the formal source selection procedures described in FAR part 15. The Government may reject any or all proposals if such action is in the public interest; and issue a purchase order to other than the offer with the lowest priced quotation.

3. CONTINUATION OF INSTRUCTIONS TO OFFERORS

3.1. Questions and Inquiries

Questions and inquiries regarding this Request for Quote (RFQ) shall be submitted electronically no later than July 12, 2016. The Point of Contact (POC) for inquiries is Angela Hitt and e-mail address is angela.hitt@nist.gov. The Government does not intend to respond to questions or inquiries submitted after the cutoff date identified above. The Government will collect all questions and inquiries, incorporate responses and distribute to all Contractors through an amendment to this solicitation in the FedBizOpps System.

PAGE 8 OF 28 SB1341-16-RQ-0600

3.2. Submission of Quotes

Quotes shall confirm to the instructions contained in the clause at FAR 52.212-1 contained herein as well as the requirements of this section. Significant deviation may result in the possible exclusion of such quotes from further consideration.

Quotes shall contain the following parts:

3.2.1. Part I-Technical Non-Price Factors

Factor 1- Technical Capability

3.2.2. Part II-Price Quote

3.3. Submission of Quotations

3.3.1. General

Quotes are due by 2:00 pm Mountain Time on July 18, 2016. The Contracting Officer reserves the right to modify any quotes due dates as required. Quotes shall consist of one attachment per part. Quotes received after the prescribed date and time will be handled in accordance with paragraph (f) of provision 52.212-1.

Failure to comply with the terms and conditions of this RFQ may result in the Contractor’s quote being removed from consideration for award. Contractor’s quote shall include page numbers and be clearly and concisely written.

The quote shall include a cover letter which contains the following information:

• Solicitation number

• Data Universal Numbering System (DUNS) number

• Name, address, and telephone number of the contractor

• Acknowledgment of Solicitation Amendments

• A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Quotes that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

Clarity and organization is mandatory. No quote information shall be incorporated by reference. Only the information contained within the submitted quote itself and within the page limitations will be evaluated by the Government.

In addition to any information required by provisions of this RFQ, quotes shall directly respond to the submittal requirements for each evaluation factor and should provide more than superficial coverage of the information required by the evaluation factors identified herein.

PAGE 9 OF 28 SB1341-16-RQ-0600

The Government shall not be liable for any costs incurred by any contractor submitting a quote in response to this solicitation.

3.3.2. Submission Format

Quotes shall be submitted electronically. Contractor's quote shall be submitted via email to the Contract Specialist, Angela Hitt at angela.hitt@nist.gov in an electronic format compatible with MS Office and Adobe Acrobat for PDF documents.

3.3.3. Text

Text shall be at least single spaced, on 8 ½” x 11” inch paper, with a minimum one-inch margin all around. Pages shall be numbered consecutively.

3.3.4. Font Size

Print shall be of a minimum 11-point font size or a maximum 11 characters per inch (11-pitch, pica) spacing. Bolding, underlining, and italics may be used to identify topic demarcations or points of emphasis. Graphic presentations, including tables, while not subject to the same font size and spacing requirements, shall have spacing and text that is easily readable.

3.3.5. Page Limitation

The cover letter shall be limited to two (2) pages. The cover letter, title pages, table of contents and glossary of abbreviations, acronyms and completed past performance questionnaires do not count against page count limitations. Quotes for the entirety of Part I, Technical Non-Price Factors 1, shall be limited to 10 pages total (including any charts, diagrams, or tables). Quotes contents that exceed the stated page limitations will be removed from the quote by the Contracting Officer before the quote is turned over to the Government evaluation team and will not be considered in the evaluation.

3.3.6. Cross-referencing

Responses to each factor, other than the cost/price volume, shall be written to the greatest extent possible on a standalone basis so that its content may be evaluated with a minimum of cross-referencing to other factors or parts of the quote. Cross-referencing within a part or factor is permitted where its use would conserve space without impairing clarity. Hyperlinking of cross-references within documents is permissible. However, hyperlinking to information outside of the quote itself (i.e. internet link) is impermissible and shall not be evaluated.

Information required for evaluation that is not found in its designated part or cross-referenced is assumed to have been omitted from the quote.

PAGE 10 OF 28 SB1341-16-RQ-0600

3.4. Confidential Information

The Freedom of Information Act (FOIA) and its amendments have resulted in an increasing number of requests from outside the Government for copies of contractor qualifications and quotations/proposals submitted to Federal agencies. If a contractor’s submissions contain information that they believe should be withheld from such requestors under FOIA on the grounds that they contain “trade secrets and commercial or financial information” [5 USC§552(b)(4)], the offeror shall mark its submissions in the following manner:

• The following notice should be placed on the title page: “Some parts of this document, as identified on individual pages, are considered by the submitter to be privileged or confidential trade secrets or commercial or financial information not subject to mandatory disclosure under the Freedom of Information Act. Material considered privileged or confidential on such grounds is contained on page(s)

• Each individual item considered privileged or confidential under FOIA should be marked with the following notice: “The data or information is considered confidential or privileged, and is not subject to mandatory disclosure under the Freedom of Information Act”.

3.5. List of Attachments

• Attachment A – Solicitation Addenda, Instructions, Evaluation Criteria & Basis for

Award

• Attachment B – Specifications

• Attachment C – Schedule of Prices

4. EVALUATION CRITERIA AND BASIS FOR AWARD

CLIN 0001: One (1) highly spatial- and energy-resolving electron-spectrometer (XPS) package per the attached Specifications. Installation and training will be provided by the vendor.

4.1. Technical Specifications

Award will be made to the lowest priced, technically acceptable quoter. This will be a firm fixed price purchase order to the responsible contractor submitting a quote that meets all of the requirements of this RFQ and who has the lowest price.

4.2. Technical Capability

Evaluation of Technical Capability will be based on the information provided in the quotation. Documentation submitted in the quotation shall be evaluated to determine that

PAGE 11 OF 28 SB1341-16-RQ-0600

the proposed equipment meets or exceeds the Governments minimum required specifications. Failure to clearly and unambiguously demonstrate this will result in an “unacceptable“ technical rating.

4.3. Price

Price shall be evaluated for fairness and reasonableness.

PAGE 12 OF 28 SB1341-16-RQ-0600

. 2 Attachment B- Specifications

Attachment B-SPECIFICATAIONS X-ray Photoelectron Spectroscopy Package

BACKGROUND:

The Ion-trap Surfaces Project conducts experimental research on the interaction between trapped ions and the constituents on the surfaces of the electrodes that trap them. Trapped ions are so sensitive to trace amounts of contamination and the electrodes are so small that our project requires an x-ray photoelectron spectrometer capable of very small spot analysis while maintaining count rates high enough to detect trace amounts of surface constituents.

PURPOSE:

This X-ray Photoelectron Spectroscopy Package will used to analyze the chemical constituents of various samples with surface sensitivity. It will support research in the Quantum Processing Group’s Ion-trap Surfaces Project to analyze trace amounts of adsorbates on small (∼ 60 µm) microfabricated electrode surfaces.

DELIVERABLES:

One (1) highly spatial- and energy-resolving electron-spectrometer package to include a hemispherical electron energy analyzer (> 120-mm mean radius), one (1) dual-anode x-ray source, and all accompanying electronics, cables, and accessories as detailed in the technical specifications below.

Electron detection will employ a multi-channel detector in the analyzer with the capability to perform chemical state imaging, as well as scanning mode and snapshot mode for dynamic x-ray photoelectron spectroscopy (XPS) at MHz frequencies while maintaining high resolution, high count rates, and high sensitivity to percentage atomic concentrations. Installation and training will be provided by the vendor.

TECHNICAL SPECIFICATIONS:

Hemispherical Electron Energy Analyzer

• Hemisphere mean radius: > 120 mm for high resolution,

• Must be compatible with mounting on existing ultra-high vacuum (UHV) chamber with a 6”CF

(DN100CF/NW150CF) mounting flange, 102-mm inner diameter port, and 254-mm port length,

• Integrated mu-metal shielding,

• Working distance > 25 mm,

• Multi-channel detector with ultra-short dead time and superior linear dynamic range,

• Count Rate and Energy Resolution: >7.0 Mcps @ 0.85 eV FWHM using the standard Ag 3d5/2 photoelectrons from a 300-W Mg Kα x-ray source,

• Small spot capability: ∼ 60 µm, for compatibility with analysis on microfabricated ion-trap electrodes,

• Elemental sensitivity < 0.05 at.%

• Analyzer control unit for digital control of lens voltages to < 2000 eV, including cables and other electronics,

• Multi-channel detector pulse counting electronics, PAGE 13 OF 28 SB1341-16-RQ-0600

• Control and data acquisition/analysis software.

Dual-anode X-ray Source

• Dual anode: Al and Mg targets used interchangeably without breaking vacuum

• 400 W x-ray power at 15 kV

• Must be compatible with mounting on existing UHV chamber with 2-3/4”CF (DN40CF/NW40CF) mounting flange, 38.1-mm inner diameter port, and 203-mm port length,

• Z-stroke manipulator for insertion/retraction

• X-ray source 2° port aligner

• Recirculating water-cooling source with safety interlock

• X-ray Source Power Unit with vacuum, water, and high-voltage safety interlocks

• X-ray source control software

Control computer running Windows 7

Optical sample alignment tool

• Method to insure proper alignment of sample into focal point of analyzer and source

• Camera, lens, light source, and mounts

Installation and Training on analyzer operation

• Installation by vendor’s technical personnel

• Two (2) users

• Three (3) days

DELIVERABLE SCHEDULE:

16 weeks after receipt of order (ARO) for delivery.

PERIOD OF PERFORMANCE:

18 weeks ARO total to include 16 weeks for delivery and 2 weeks for installation, training and acceptance.

INSPECTION AND ACCEPTANCE:

NIST will accept the deliverables after on-site installation, satisfactory operation, and training on the instrument by the vendor’s technical staff within two weeks after delivery.

TYPE OF CONTRACT:

Firm fixed price

PAGE 14 OF 28 SB1341-16-RQ-0600

. 3 Attachment C- Schedule of Prices

Attachment C- Schedule of Prices X-Ray Photoelectron Spectroscopy (XPS) Package

ATTACHMENT C - SCHEDULE OF PRICES

Delivery 14 weeks (ARO)

CLIN Description Unit Unit Price

X-Ray Photoelectron Spectroscopy (XPS) Package Package $

PAGE 15 OF 28 SB1341-16-RQ-0600

. 4 Special Contract Requirement

Special Contract Requirement

1. Special Invoicing Instructions

In addition to the clause NIST LOCAL-04 Billing Instructions contained within this contract, the following invoicing requirements shall also be required.

Each invoice shall include the Project Title. Invoices shall be submitted on a no more than monthly basis for services. For items, invoices shall be submitted upon delivery of the items or supplies or in accordance with other payment terms or milestones identified within the contract.

Invoices shall be submitted in a timely manner. Invoices shall be in accordance with the price schedule (CLINs) and any other payment terms identified in this contract. Any invoice that includes travel expenses shall include a detailed breakdown of the travel costs and shall be accompanied with sufficient supporting documentation to easily verify all costs incurred are in accordance with the Federal Travel Regulations (FTR) and FAR Part 31.

Invoices that do not meet the minimum requirements shall be rejected.

Rejected Invoices: When resubmitting a previously rejected invoice for payment the invoice date shall be revised to reflect the date for the revised invoice. Additionally, the invoice number shall be revised to include an “R” after the original invoice number or include a different invoice number to prevent submission of an apparent duplicate invoice. NIST will not accept duplicate invoices. Duplicate invoicing may result in rejection of the invoice or delay of payment.

Repeated failure to submit proper invoices following the instructions of this clause or NIST LOCAL-04 or failure to submit invoices in a timely manner may be documented in the Contractors Performance Assessment Rating.

Payment will be made for proper invoices after inspection by the appropriate Government personnel and only upon acceptance by the Government.

PAGE 16 OF 28 SB1341-16-RQ-0600

. 5 52.202-1 DEFINITIONS (NOV 2013)

(Reference 52.202-1)

. 6 52.203-3 GRATUITIES (APR 1984)

(Reference 52.203-3)

. 7 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)

(Reference 52.203-6)

. 8 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS (APR 2014)

(Reference 52.203-17)

. 9 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011)

(Reference 52.204-4)

. 10 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

(Reference 52.204-7)

. 11 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JULY 2013)

(Reference 52.204-13)

. 12 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2015)

(Reference 52.204-16)

. 13 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MANAGEMENT (JUL 2015)

(Reference 52.204-18)

. 14 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY

CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(Reference 52.209-11)

. 15 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2015)

(Reference 52.212-1)

. 16 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(Reference 52.212-2)

. 17 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (APR 2016)

(Reference 52.212-3)

. 18 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (MAY 2015)

(Reference 52.212-4)

PAGE 17 OF 28 SB1341-16-RQ-0600

. 19 52.225-8 DUTY-FREE ENTRY (OCT 2010)

(Reference 52.225-8)

. 20 52.232-13 NOTICE OF PROGRESS PAYMENTS (APR 1984)

(Reference 52.232-13)

. 21 52.232-16 PROGRESS PAYMENTS (APR 2012)

(Reference 52.232-16)

. 22 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

(Reference 52.232-40)

. 23 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

(Reference 52.233-4)

. 24 52.242-13 BANKRUPTCY (JUL 1995)

(Reference 52.242-13)

. 25 52.243-1 CHANGES--FIXED-PRICE (AUG 1987)

(Reference 52.243-1)

. 26 52.246-2 INSPECTION OF SUPPLIES--FIXED-PRICE (AUG 1996)

(Reference 52.246-2)

. 27 52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)

(Reference 52.246-16)

. 28 52.247-34 F.O.B. DESTINATION (NOV 1991)

(Reference 52.247-34)

. 29 1352.208-70 RESTRICTIONS ON PRINTING AND DUPLICATING (APR 2010)

(Reference 1352.208-70)

. 30 1352.209-72 RESTRICTIONS AGAINST DISCLOSURE (APR 2010)

(Reference 1352.209-72)

. 31 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

(Reference 1352.209-73)

. 32 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

(Reference 1352.209-74)

. 33 1352.228-72 DEDUCTIBLES UNDER REQUIRED INSURANCE COVERAGE- FIXED PRICE (APR 2010)

PAGE 18 OF 28 SB1341-16-RQ-0600

(Reference 1352.228-72)

. 34 1352.237-71 SECURITY PROCESSING REQUIREMENTS - LOW RISK CONTRACTS (APR 2010)

(Reference 1352.237-71)

. 35 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

(a) Definitions. As used in this provision-- "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

"Federal contracts and grants with total value greater than $10,000,000" means--

(1) The total value of all current, active contracts and grants, including all priced options;

and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

"Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database at https://www.acquisition.gov (see 52.204-7).

(End of provision)

. 36 52.211-9 III DESIRED AND REQUIRED TIME OF DELIVERY (JUN 1997)--ALTERNATE III (APR 1984)

(a) The Government desires delivery to be made according to the following schedule:

Desired Delivery Schedule See Specifications.

If the offeror is unable to meet the desired delivery schedule, it may, without prejudicing evaluation of its offer, propose a delivery schedule below. However, the offeror`s proposed delivery

PAGE 19 OF 28 SB1341-16-RQ-0600

schedule must not extend the delivery period beyond the time for delivery in the Government`s required delivery schedule as follows:

Required Delivery Schedule

Offers that propose delivery of a quantity under such terms or conditions that delivery will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. If the offeror proposes no other delivery schedule, the desired delivery schedule above will apply.

| Offeror`s Proposed Delivery Schedule | | [Contracting Officer insert specific details] | | Item No. | Quantity | Within Days after the Date of Receipt | | | | of a Written Notice of Award |

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed or otherwise furnished to the successful offeror results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day the award is dated. Therefore, the offeror shall compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails.

However, the Government will evaluate an offer that proposes delivery based on the Contractor`s date of receipt of the contract or notice of award by adding

(1) five calendar days for delivery of the award through the ordinary mails, or

(2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.)

If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

(End of Clause)

PAGE 20 OF 28 SB1341-16-RQ-0600

. 37 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--

COMMERCIAL ITEMS (JUN 2016)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clause, which is 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 (Nov 2015).

(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:

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).

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

(3) 52.203-15, Whistleblower Protections Under the American Recovery 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 2015) (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. (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) x (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 (OCT 2014) (15 U.S.C. 637(d)(2) and (3)).

(17)

(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (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 2015) of 52.219-9.

x (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 (Nov 2011) (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)).

(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).

PAGE 21 OF 28 SB1341-16-RQ-0600

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

13126).

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

x (28) 52.222-26, Equal Opportunity (Apr 2015) (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 (March 2,2015) (22 U.S.C. chapter 78 and E.O. 13627).

(ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 7 and E.O. 13627).

(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) (i) 52.223-9, Estimate of Percentage of Recovered Material Contentfor EPA-Designated Items (May 2008) (42 U.S.C.6962(c) (3)(A)(ii)). (Notapplicable 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) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693).

(37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O. 13693).

(38) (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.

(39) (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.

(40) 52.223-15, Energy Efficiency in Energy-Consuming Products(Dec 2007) (42 U.S.C. 8259b).

(41) (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 (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

(43) 52.223-20, Aerosols (June, 2016) (E.O. 13693).

(44) 52.223-21, Foams (June, 2016) (E.O. 13693).

(45) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C.chapter 83).

(46) (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 (47) 52.225-5, Trade Agreements (FEB 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

x (48) 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).

(49) 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).

(50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

(51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

(52) 52.232-29, Terms for Financing of Purchases of Commercial Items(Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

(53) 52.232-30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C. 4505, 10 U.S.C.

2307(f)).

x (54) 52.232-33, Payment by Electronic Funds Transfer - System for Award Management (Jul 2013) (31 U.S.C. 3332).

(55) 52.232-34, Payment by Electronic Funds Transfer - Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

(56) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

(57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(58) (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).

PAGE 22 OF 28 SB1341-16-RQ-0600

(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).

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

(9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C.

1792).

(10) 52.237-11, Accepting and Dispensing of $1 Coin (Aug 2007)(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 ofthe 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 3years 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, t he records relating to the work terminated shall be madeavailable for 3 years after any resulting final termination settlement. Records relating to appeals underthe 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 notrequire 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) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (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.

(iii)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.

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

(v) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).

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

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities(Jul2014) (29 U.S.C. 793).

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

(ix) 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.

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

(xi) (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

PAGE 23 OF 28 SB1341-16-RQ-0600

(xii) 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.)

(xiii) 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)

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

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

(xvi) 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).

(xvii) 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.

(xviii) 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 contractualobligations.

. 38 52.225-2 BUY AMERICAN CERTIFICATE (MAY 2014)

(a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States.

The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of domestic end product. The terms commercially available off-the-shelf (COTS) item, component, domestic end product, end product, foreign end product, and United States are defined in the clause of this solicitation entitled Buy American -Supplies.

(b) Foreign 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.

(End of Provision)

. 39 52.225-18 PLACE OF MANUFACTURE (MAR 2015)

(a) Definitions. As used in this clause;

``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;

(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 endproduct is assembled out of components, or otherwise madeor processed from raw materials into the finished product thatis to be provided to the

PAGE 24 OF 28 SB1341-16-RQ-0600

Government. If a product is disassembledand reassembled, the place of reassembly is not the placeof manufacture.

(b) For statistical purposes only, the offeror shall indicatewhether the place of manufacture of the end products itexpects to provide in response to this solicitation is predominantly-- [ ] (1) In the United States (Check this box if the totalanticipated price of offered end products manufactured in theUnited States exceeds the total anticipated price of offered endproducts manufactured outside the United States); or [ ] (2) Outside the United States.

(End of provision)

. 40 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://acquisition.gov/comp/far/index.html and http://www.osec.doc.gov/oam/acquistion_management/ policy/default.htm

(End of Provision)

. 41 52.252-2 CLAUSES INCORPORATED BY REFERENCE…