COMBINED_SYNOPSIS_SOLICITATION_DRAFT_-_Dilution_Refrigerator_FINAL.docx

RFQ NUMBER SB1341-16-RQ-0605

Dilution Refrigerator 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, effective June 15, 2016.

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 forest.crumpler@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) has a requirement for a Dilution Refrigerator System to support scanning tunneling nanoscale science research at cryogenic temperatures in the Center for Nanoscale Science and Technology (CNST) user facility. The system will be sited in the CNST NanoLab as a resource accessible to researchers in the CNST and to outside users via collaboration to measure a wide range of different materials at the nanoscale. Measuring the properties of new nanostructured materials is a critical part of the CNST mission. A very low noise, low vibration dilution refrigerator system is required to control the temperature and magnetic fields for a NIST custom designed and fabricated scanning tunneling microscope. Measurements will be made at very low temperatures down to 10 mK (millikelvin) and in high magnetic fields. The measurement space for the NIST scanning tunneling microscope (STM) must be ultra-high vacuum (UHV), obtainable at room temperature. The dilution refrigerator shall have a large central axis tube to allow the whole NIST microscope module to be transferred from the top of the refrigerator to the magnet center in UHV. The dilution refrigerator and magnet system will be contained in a cryogenic vapor shielded He dewar, which shall fit in the existing NIST lab space. The design of the system will emphasis low noise and low vibration operation suitable for scanning tunneling and atomic force microscopy measurements.

This acquisition is for one (1) dilution refrigerator system.

The Contractor Contractorshall provide a Firm Fixed Price quotation for the following Contract Line Items (CLIN):

CLIN0001 – The Contractor shall provide a quantity of One (1), Dilution Refrigerator System which shall meet or exceed the specifications identified below. New components only shall be considered for award. Prototypes, used, or refurbished components will not be considered for award.

A. An ultra-high vacuum (UHV) bakeable dilution refrigerator (DR) insert.

1. Central port: The DR shall have a clear ID of 1.8 inches or larger through the entire DR to the STM location at the center of the superconducting magnet to allow the transfer of the NIST STM module from the top of the DR to the magnet center.

2. The DR shall have a passive Joule-Thomson condensing unit to condense the DR mixture, instead of a traditional 1K pot, which is required to reduce vibration noise for STM measurements.

3. Precooling system: The DR shall have a mechanical thermal heat switch which connects all DR stages to the main bath of the cryostat to allow precooling of the DR from room temperature.

a. The thermal heat switch shall be activated by a linear UHV feedthrough on the top of the main flange of the insert. When the thermal switch is engaged, the time to cool the DR insert from 300 K to 80 K shall be less than 24 hours with liquid nitrogen in the dewar, and the time to cool from 80 K to 5 K shall be less than 24 hours with liquid He in the dewar.

b. Traditional He exchange gas and capillary line cooling are not to be used for precooling.

4. Shutters: The DR shall have a series of rotating shutters located at the IVC flange and the Still plate that are actuated from a UHV rotary feedthrough, on top of the DR main flange.

a. The actuation allows thermal radiation blockage in the closed position, and complete access to the 1.8 inch ID bore in the open position.

b. The shutters shall be thermally linked to the appropriate plates with copper braided connections.

5. Base temperature: The DR shall reach 10 mK or lower measured on the Mixing chamber plate without any experimental wiring.

6. Cooling power: The DR shall have a cooling power of 300 microwatts or greater at 100 mK on the Mixing chamber plate.

7. Baking temperature: The entire DR insert shall be bakeable to a temperature of 90 C or higher.

8. UHV materials: The vacuum region of the DR shall use only UHV compatible materials, such as stainless steel and OFHC copper. The contractor shall provide a list of all materials exposed to the vacuum area of the DR.

9. UHV seals: The DR shall use only UHV compatible copper or stainless metal seals, such as CF or VCR. No indium seals or soft solder joints shall be used, including in the DR stage.

10. Inner vacuum can (IVC): The main flange of the IVC shall be sealed with a copper CF gasket and shall be a standard 8 inch OD CF flange or smaller.

11. The DR insert shall be have a series of bakeable radiation baffles on the neck of the insert to reduce He consumption.

12. The DR insert shall have a helium vent port and pressure relief device to relieve excess He pressure.

13. The DR main stage, the Joule-Thomson condensing unit, and the impedances, shall have the ability to be removed from the DR insert by undoing metal gasket sealed connections (CF and VCR type) so they can be easily removed and serviced when needed.

14. Main tubes: At a minimum, the DR shall have the following tubes which go from the top flange into the IVC: a 1.8 ID central tube with a 3.375 OD CF flange, four 0.5 OD tubes with 1.33 inch mini-CF flanges, and one 1.0 inch OD tube with a 2.125 inch CF flange.

15. Electrical feedthrough chamber.

a. The DR shall have small UHV chambers on top to accommodate 8 NIST supplied 2.75 CF flanges with UHV electrical feedthroughs for experimental wiring.

b. The UHV chambers shall be connected to two of the 0.5 tubes that penetrate the IVC listed in item 14.

16. The DR shall have a mixture pumping line, at least 3.0 inch OD, supplied with a gate or butterfly valve.

17. Thermometry and heaters:

a. The contractor shall supply a UHV compatible fixed point thermometer with at least seven superconducting elements covering the temperature range of 100 mK to 4 K.

b. The contractor shall supply a calibrated UHV compatible CMN thermometer, which is calibrated against the fixed point thermometer in 17.a , suitable for measurement in the mK temperature range.

c. The contractor shall supply a LCR meter to read the fixed point and CMN thermometers.

d. The contractor shall supply thermometers on the top and bottom of the superconducting magnet.

e. The contractor shall supply UHV compatible heaters for the Still and Mixing chamber.

f. The contractor shall supply an AC resistance bridge with a 16 channel multiplexer to measure RuO thermometers, and supply/control the Still and Mixing chamber heaters.

g. The contractor shall supply a control unit to measure and display Si diode and magnet thermometers.

18. 4K IVC thermal shield:

a. The DR shall have 4 K copper shields to maintain the IVC at liquid He temperatures at a temperature of 4.5 K or lower, during low levels of He in the dewar.

b. The shields shall consist of copper baffles and tubes around the IVC, which shall be thermally connected to the He bath for all useable liquid levels of liquid He in the main belly of the dewar.

19. STM extension and guide tubes:

a. The DR shall be supplied with a tail section that is attached to the Mixing chamber plate and penetrates the magnet bore to the sample position made from four pure silver rods, and a silver tube guide tube, extending from the mixing chamber to the bottom of the magnet,

b. The DR shall have a copper guide tube connected to the IVC flange to extend just above the Still plate.

c. A second copper guide tube shall be connected to the Mixing chamber which penetrates any heat exchangers to avoid banging them during translation of the SPM module through the DR.

d. The guide tubes shall have a 1.8-inch clear ID to allow the guiding of the NIST STM module through the DR stage to the center of magnet.

20. Length: The DR length from the top of the its main flange attached to the dewar to the sample position in the center of the magnet shall not exceed 52 inches.

Note:

At the contractor’s factory after assembly of the DR:

NIST will supply and install at least five RuO thermometers and associated wiring, on the IVC flange, Joule-Thompson condenser, Still, Mixing chamber, and SPM mounting platform.

NIST will also supply and install at least two UHV Si diode thermometers and associated wiring on the IVC flange and Mixing chamber to read temperatures up to 400 K.

NIST staff will travel to the contractor’s factory and be responsible for their travel expenses for the installation of thermometers.

Experimental wiring will be done at NIST by NIST staff after receiving the system and after initial performance testing. The contractor shall supply the necessary holes in the IVC flange, Still, and Mixing chamber plates for thermal anchoring of approximately 40 experimental signal wires.

Gas mixture system:

a. NIST will supply a manually operated gas mixture handling system based on a Roots pumping system (1000 m3/hr pumping speed) to circulate the mixture through the DR.

b. NIST will supply and charge the system with the required He3-He4 mixture for performance testing.

B. Dewar with superconducting Magnet

1. The contractor shall supply a super-efficient vapor-shielded liquid He dewar with a volume that shall be at least 110 liters of useable liquid He volume in the main belly above the magnet with the DR insert installed.

2. The dewar shall have a He consumption of less than or equal to 0.6 liters/hour with the DR running.

3. The dewar/system shall allow at least 6 days or more of uninterrupted running of the DR without the need to refill He, with the magnet at zero field.

4. The IVC, including the top IVC flange, shall remain at 4.5 K or below throughout the 6-day running period using the thermal shields in A20.

5. The dewar shall be no more than 65 inches tall measured from the bottom to top flange to fit into existing laboratory space.

6. The dewar shall allow for bottom loading of a superconducting magnet with appropriate flanges which can be removed from the layered radiation shields and the liquid He space.

7. The contractor shall supply the dewar with a vector superconducting magnet with a 9 Tesla vertical field at 4.2 K (solenoid configuration) and 4 T horizontal field (split pair configuration) at 4.2 K.

a. The magnet bore shall be at least 3.5 inches in diameter.

b. The magnet shall be bottom loaded into the dewar and shall be removable for servicing through a metal sealed flange in the dewar.

c. The radiation shields shall have appropriate bolted flanges to allow removable of the magnet.

8. The magnet shall have +-0.1% or lower central field homogeneity over a 10 mm volume for the solenoid, and +-0.5% or lower homogeneity over 10 mm volume for the split pair.

9. The magnet shall have persistent switches installed on both magnets.

10. The magnet shall be fully protected against quenching.

11. The contractor shall supply a magnet power supply capable of operating both magnets simultaneously with true bipolar operation.

12. The supply shall have an RS232, IEEE, and Ethernet computer interfaces.

13. The dewar shall have vapor cooled low He consumption magnet leads.

14. The dewar shall have a removable He level meter probe, and the contractor shall provide a He level meter control unit to read the He level meter.

15. The dewar shall have over pressure burst protection, vent port, He pressure relief, and pump out port with a valve.

16. The dewar shall be equipped with an independent Styrofoam plug and flange, with vent and pressure relief ports to test the dewar without the DR insert installed.

Note:

Prior to testing at the factory, NIST will supply a He transfer line for the system which fits into the dewar transfer port with the required length for the NIST laboratory.

Documentation

The contractor shall provide complete written documentation of all systems with delivery.

Delivery/ Deliverables:

Delivery should be FOB DESTINATION (Gaithersburg, MD). The contractor is responsible for ensuring all associated deliverables are received NO LATER THAN 15 MONTHS after award of the contract.

FOB Destination means: The contractor shall pack and mark the shipment in conformance with carrier requirements, deliver the shipment in good order and condition to the point of delivery specified in the purchase order, be responsible for any loss of and/or damage to the goods occurring before receipt and acceptance of the shipment by the consignee at the delivery point specified in the purchase order; and pay all charges to the specified point of delivery. The contractor shall deliver all Line Items to:

The National Institute of Standards and Technology 100 Bureau Drive, Bld 218, Room C016 Gaithersburg, MD 20899-1640

DELIVERABLES:

Deliverable 1: The Contractor shall provide a detailed drawing (pdf file type) as well as a 3D CAD model (STEP file type) to the identified Contracting Officer’s Representative (COR to be assigned at award) prior to beginning fabrication. The drawing and 3D CAD model must be provided electronically to the COR not later than 12 weeks after receipt of the award. The TPOC will review and provide feedback or approval not later than 1 week after receipt of drawing and model.

Deliverable 2: The Contractor shall provide the test data to the identified Technical Point of Contact (TPOC to be assigned at award) prior to shipment. The data must be provided electronically to the COR. The COR will review and provide feedback or approval not later than 1 week after receipt of drawing.

Deliverable 3: The Contractor shall deliver the completed system not later than 15 months after award.

The contractor shall fully test both the DR and magnet at the contractor’s factory prior to shipping. The contractor shall notify NIST staff of the test and allowed to witness the test in person. The contractor shall prepare a test report documenting the test results.

Note: Installation shall be performed by NIST staff.

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.

Inspection and Acceptance:

In addition to the inspection and acceptance terms articulated in 52.212-4, the Government reserves the right to perform such performance tests and evaluations as defined below to verify specified system performance. Such tests and evaluations, if performed, shall be conducted within the environment that the system is 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 staff will install and test the system within 12 weeks of delivery to verify meeting specifications of base temperature (specification A5), cooling power (specification A6), He consumption (specification B2), and Magnetic field strength (B7).

Due Date for Quotations

Offerors shall submit their quotations so that NIST receives them not later than 12:00pm Eastern Time on Tuesday, August 9, 2016. FAX quotations shall not be accepted. E- mail quotations shall be accepted at forest.crumpler@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.

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. The offeror must demonstrate that its proposed system meets or exceeds each minimum specification 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.

In addition to meeting minimum characteristics, the offeror shall also provide technical information that addresses the following:

· Compatibility with the NIST STM: The offeror shall provide information demonstrating how the characteristics meeting the minimum specifications are compatible with a NIST scanning tunneling microscope attachment. Offeror shall also demonstrate how product is expected to limit exposure to factors that may cause adverse operation, including; expected vibration levels, structural stiffness and mechanical resonant frequencies.

· Drawings: The offeror shall also provide a detailed 2D drawing (pdf file type) of the proposed system, outlining important dimensions. If possible, a 3D CAD model (STEP file type) of the proposed system must be submitted with the 2D drawing.

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:

0. Contract number;

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

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

0. 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;

0. 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.

0. 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. contractor 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.

Optional Items: If different pricing is required for awarding options at initial award versus field retrofitting within one year, please ensure pricing for both scenarios is included.

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;

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;

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.

FAR 52.212-2, Evaluation – Commercial Items

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 all the minimum characteristics listed in the Contract Line Items (CLINs).

1. 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.

1. Experience: NIST will evaluate the extent of the offeror’s experience providing similar or same equipment and the compatibility with the NIST STM. NIST will evaluate experience based on the ability to demonstrate the integration and operation of a scanning tunneling microscope with atomic level imaging and spectroscopic measurement capability when attached to the proposed running Dilution Refrigerator.

1. Price: The Government will evaluate all CLINsfor price reasonableness.

(End of Provision)

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.

Clauses and 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 52.225-5 - Trade Agreements 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

[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 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.)

_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).

__ (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.

X (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)).

__ (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)).

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

__ (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).

_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).

_X_ (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).

__ (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.

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

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

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (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 $650,000 ($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) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

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

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

(vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212)

(viii) 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.

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

(x) _X_(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627).

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

(xi) 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).

(xii) 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).

(xiii) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xiv) 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).

(xv) 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.

(xvi) 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.

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

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

(End of clause)

52.225-18 PLACE OF MANUFACTURE (Sep 2006)

As prescribed in 25.1101(f), insert the following solicitation provision:

Place of Manufacture (SEP 2006)

(a) Definitions. As used in this clause— Manufactured end product means any end product in Federal Supply Classes (FSC) 1000-9999, except—

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

(b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—

(1) In the United States (Check this box if the total anticipated price of offered end products manufactured in the United Statesexceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) Outside the United States.

(End of provision)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

(a) Except as stated in paragraph (b) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(1) Any such clause is unenforceable against the Government.

(2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(b) Paragraph (a) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(End of clause)

52.232-40 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (DEVIATION)(AUG 2013)

This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small business Subcontractors, dated July 11, 2012, and the extension to that policy provided by OMB Policy Memorandum M-13-15, Extension of Policy to Provide Accelerated Payment to Small Business Subcontractors, dated July 11, 2013.