Sol_1333MF26Q0069.pdf

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDE

15. DATE OF QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

b. TELEPHONE

AREA CODE

NUMBER

STANDARD FORM 18 (REV. 6/1995)

Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

8. TO:

b. COMPANYa. NAME

c. STREET ADDRESS

d. CITY e. STATE f. ZIP CODE

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

d. STATE e. ZIP CODE

7. DELIVERY

FOB DESTINATION

OTHER

(See Schedule)

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)

IMPORTANT: This is a request for information and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NUMBER

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER

a. NAME OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

PAGE OF PAGES

1. REQUEST NUMBER 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NUMBER 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG. 1

RATING

5a. ISSUED BY 6. DELIVER BY (Date)

NAME TELEPHONE NUMBER

AREA CODE NUMBER

c. CITY

5b. FOR INFORMATION CALL (NO COLLECT CALLS)

NMFS 2725 MONTLAKE BLVD E

NMFS Field Delegates

601 EAST 12TH STREET SUITE 1746

KANSAS CITY MO 64106

143041-26-00921333MF26Q0069

RAYNIER CAMERINO

MONTLAKE FACILITY /F/NWC21

98112

07/20/2026

07/27/2026 1700 ED

Multiple

SEATTLE

WA

Period of Performance: 07/31/2026 to

07/30/2027

NOTICE: THE GOVERNMENT DOES NOT ACCEPT

RESPONSIBILITY FOR NON-RECEIPT OF

QUOTES. IT IS THE CONTRACTOR’S

RESPONSIBILITY TO REQUEST A CONFIRMATION

OF THE QUOTE RECEIPT.

UNIQUE ENTITY ID ______________________

CAGE CODE ____________

OFFEROR MAY SUBMIT THE QUOTE ON THIS

SF-18 FORM OR THEIR OWN COMPANY FORM.

Continued...

1 35

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGES

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

ITEM NO.

(A)

QUANTITY

(C)

NSN 7540-01-152-8067

1333MF26Q0069

QUOTES WILL BE EVALUATED BASED ON (RFO

52.212-2) IN ATTACHED CLAUSES & PROVISIONS.

VENDORS WHO DO NOT PROVIDE ALL EVALUATION

CRITERIA WILL NOT BE ACCEPTED.

THE OFFEROR MUST BE CURRENTLY REGISTERED IN THE

SYSTEM FOR AWARD MANAGEMENT (SAM) TO BE

ELIGIBLE FOR AN AWARD.

QUOTES RECEIVED FROM CONTRACTORS WHO ARE NOT

ACTIVE IN SAM WILL NOT BE CONSIDERED.

TOTAL SMALL BUSINESS SET-ASIDE, FIRM-FIXED

PRICE PURCHASE ORDER TO BE AWARDED TO

LOW-PRICED, TECHNICALLY ACCEPTABLE QUOTE.

THE STATEMENT OF WORK IS ATTACHED,

INCORPORATED, AND APPLIES TO THE BASE YEAR AND

ALL OPTION YEARS 1 THROUGH 4.

NO FUNDING WILL BE PROVIDED FOR THE OPTION

PERIOD UNLESS THE OPTION PERIOD IS EXERCISED BY

A MODIFICATION TO THIS PURCHASE ORDER. NO WORK

SHALL START UNTIL NOTIFIED IN WRITING BY THE

CONTRACTING OFFICER.

For the sexual assault and harassment requirement, all that is needed is that whoever is working on this contract read that policy and provide a list of their names and the dates they read it.

0001 Firm-Fixed Price

CLIN 0001 - Base Year

Purchase of compressed gases to operate analytical chemistry equipment for the measurement of chemical constituents as part of high-priority science and research in accordance with the Statement of Need. Delivery of compressed gases during the period of performance of 12 months from the date of award of the Purchase Order. Estimated from

07/31/2026 to 07/30/2027.

Product/Service Code: 6830

Product/Service Description: GASES: COMPRESSED

AND LIQUEFIED

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

ITEM NO.

(A)

QUANTITY

(C)

Delivery: 07/30/2027

1001 Firm-Fixed Price

CLIN 1001 – Option Year 1

Purchase of compressed gases to operate analytical chemistry equipment for the measurement of chemical constituents as part of high-priority science and research in accordance with the Statement of Need. Delivery of compressed gases during the period of performance of 12 months from the date of award of the Purchase Order. Estimated from

07/31/2027 to 07/30/2028.

(Option Line Item)

Anticipated Exercise Date: 07/30/2027

Product/Service Code: 6830

Product/Service Description: GASES: COMPRESSED

AND LIQUEFIED

Delivery: 07/30/2028

Period of Performance: 07/31/2027 to

07/30/2028

2001 Firm-Fixed Price

CLIN 2001 – Option Year 2

Purchase of compressed gases to operate analytical chemistry equipment for the measurement of chemical constituents as part of high-priority science and research in accordance with the Statement of Need. Delivery of compressed gases during the period of performance of 12 months from the date of award of the Purchase Order. Estimated from

07/31/2028 to 07/30/2029.

(Option Line Item)

Anticipated Exercise Date: 07/30/2028

Product/Service Code: 6830

Product/Service Description: GASES: COMPRESSED

AND LIQUEFIED

Delivery: 07/30/2029

Period of Performance: 07/31/2028 to

07/30/2029

3001 Firm-Fixed Price

CLIN 3001 – Option Year 3

Purchase of compressed gases to operate analytical chemistry equipment for the

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

ITEM NO.

(A)

QUANTITY

(C) measurement of chemical constituents as part of high-priority science and research in accordance with the Statement of Need. Delivery of compressed gases during the period of performance of 12 months from the date of award of the Purchase Order. Estimated from

07/31/2029 to 07/30/2030.

(Option Line Item)

Anticipated Exercise Date: 07/30/2029

Product/Service Code: 6830

Product/Service Description: GASES: COMPRESSED

AND LIQUEFIED

Delivery: 07/30/2030

Period of Performance: 07/31/2029 to

07/30/2030

4001 Firm-Fixed Price

CLIN 4001 – Option Year 4

Purchase of compressed gases to operate analytical chemistry equipment for the measurement of chemical constituents as part of high priority science and research in accordance with the Statement of Need. Delivery of compressed gases during the period of performance of 12 months from the date of award of the Purchase Order. Estimated from

07/31/2030 to 07/30/2031.

(Option Line Item)

Anticipated Exercise Date: 07/30/2030

Product/Service Code: 6830

Product/Service Description: GASES: COMPRESSED

AND LIQUEFIED

Delivery: 07/30/2031

Period of Performance: 07/31/2030 to

07/30/2031

1333MF26Q0069 BASE

Section II - Supplies or Services and Price/Costs Section III - Description/Specifications Section IX - Contract Clauses Section X - List of Attachments

Section II - Supplies or Services and Price/Costs

CLIN List

Item Number Description Quantity Unit Unit Price Amount

NOTICE: THE GOVERNMENT DOES NOT

ACCEPT RESPONSIBILITY FOR NON-RECEIPT

OF QUOTES. IT IS THE CONTRACTOR’S

RESPONSIBILITY TO REQUEST A

CONFIRMATION OF THE QUOTE RECEIPT.

UNIQUE ENTITY ID ______________________

CAGE CODE ____________

OFFEROR MAY SUBMIT THE QUOTE ON THIS

SF-18 FORM OR THEIR OWN COMPANY

FORM.

QUOTES WILL BE EVALUATED BASED ON (RFO

52.212-2) IN ATTACHED CLAUSES &

PROVISIONS. VENDORS WHO DO NOT

PROVIDE ALL EVALUATION CRITERIA WILL

NOT BE ACCEPTED.

THE OFFEROR MUST BE CURRENTLY

REGISTERED IN THE SYSTEM FOR AWARD

MANAGEMENT (SAM) TO BE ELIGIBLE FOR AN

AWARD.

QUOTES RECEIVED FROM CONTRACTORS

WHO ARE NOT ACTIVE IN SAM WILL NOT BE

CONSIDERED.

TOTAL SMALL BUSINESS SET-ASIDE, FIRM-

FIXED PRICE PURCHASE ORDER TO BE

AWARDED TO LOW-PRICED, TECHNICALLY

ACCEPTABLE QUOTE.

THE STATEMENT OF WORK IS ATTACHED,

INCORPORATED, AND APPLIES TO THE BASE

YEAR AND ALL OPTION YEARS 1 THROUGH 4.

NO FUNDING WILL BE PROVIDED FOR THE

OPTION PERIOD UNLESS THE OPTION PERIOD

IS EXERCISED BY A MODIFICATION TO THIS

PURCHASE ORDER. NO WORK SHALL START

UNTIL NOTIFIED IN WRITING BY THE

CONTRACTING OFFICER.

Item Number Description Quantity Unit Unit Price Amount

For the sexual assault and harassment requirement, all that is needed is that whoever is working on this contract read that policy and provide a list of their names and the dates they read it.

Firm-Fixed Price CLIN 0001 - Base Year Purchase of compressed gases to operate analytical chemistry equipment for the measurement of chemical constituents as part of high-priority science and research in accordance with the Statement of Need.

Delivery of compressed gases during the period of performance of 12 months from the date of award of the Purchase Order.

Estimated from 07/31/2026 to 07/30/2027.

Award Type: Firm-fixed-price Product/Service Code: 6830 Product/Service Description: GASES:

COMPRESSED AND LIQUEFIED

Requisition No: 143041-26-0092

Firm-Fixed Price CLIN 1001 – Option Year 1 Purchase of compressed gases to operate analytical chemistry equipment for the measurement of chemical constituents as part of high-priority science and research in accordance with the Statement of Need.

Delivery of compressed gases during the period of performance of 12 months from the date of award of the Purchase Order.

Estimated from 07/31/2027 to 07/30/2028.

Award Type: Firm-fixed-price

(Option Line Item)

Anticipated Exercise Date: 07/30/2027 Product/Service Code: 6830 Product/Service Description: GASES:

COMPRESSED AND LIQUEFIED

Period of Performance: 07/31/2027 to 07/30/2028

Firm-Fixed Price CLIN 2001 – Option Year 2 Purchase of compressed gases to operate

Item Number Description Quantity Unit Unit Price Amount analytical chemistry equipment for the measurement of chemical constituents as part of high-priority science and research in accordance with the Statement of Need.

Delivery of compressed gases during the period of performance of 12 months from the date of award of the Purchase Order.

Estimated from 07/31/2028 to 07/30/2029.

Award Type: Firm-fixed-price

(Option Line Item)

Anticipated Exercise Date: 07/30/2028 Product/Service Code: 6830 Product/Service Description: GASES:

COMPRESSED AND LIQUEFIED

Period of Performance: 07/31/2028 to 07/30/2029

Firm-Fixed Price CLIN 3001 – Option Year 3 Purchase of compressed gases to operate analytical chemistry equipment for the measurement of chemical constituents as part of high-priority science and research in accordance with the Statement of Need.

Delivery of compressed gases during the period of performance of 12 months from the date of award of the Purchase Order.

Estimated from 07/31/2029 to 07/30/2030.

Award Type: Firm-fixed-price

(Option Line Item)

Anticipated Exercise Date: 07/30/2029 Product/Service Code: 6830 Product/Service Description: GASES:

COMPRESSED AND LIQUEFIED

Period of Performance: 07/31/2029 to 07/30/2030

Firm-Fixed Price CLIN 4001 – Option Year 4 Purchase of compressed gases to operate analytical chemistry equipment for the measurement of chemical constituents as part of high priority science and research in accordance with the Statement of Need.

Item Number Description Quantity Unit Unit Price Amount

Delivery of compressed gases during the period of performance of 12 months from the date of award of the Purchase Order.

Estimated from 07/31/2030 to 07/30/2031.

Award Type: Firm-fixed-price

(Option Line Item)

Anticipated Exercise Date: 07/30/2030 Product/Service Code: 6830 Product/Service Description: GASES:

COMPRESSED AND LIQUEFIED

Period of Performance: 07/31/2030 to 07/30/2031

Section III - Description/Specifications

SON Statement of Need

STATEMENT OF NEED

National Oceanic and Atmospheric Administration (NOAA) NOAA Fisheries Northwest Fisheries Science Center, Environmental and Fisheries Sciences Division Compressed Gases

PURPOSE: The Northwest Fisheries Science Center (NWFSC), Environmental and Fisheries Sciences Division (EFS) requires compressed gases in order to operate analytical chemistry equipment for the measurement of chemical constituents as part of high-priority science and research.

SCOPE OR MISSION: The vendor will provide compressed and cryogenic gases to the NWFSC on an as-needed basis in supplier-provided containers. The scope of services includes deliveries, empty container pickup, annual cylinder audits, hydrostatic testing, and labeling of canisters by sandblast, paint, or stenciling.

BACKGROUND: The NWFSC provides scientific and technical support to NOAA Fisheries for the management and conservation of the Northwest Region’s marine and anadromous fish and their habitats. The NWFSC’s Environmental Chemistry program operates highly sensitive analytical chemistry equipment, including mass spectrometers, to measure chemical concentrations in fish and environmental samples in support of NOAA’s science and research mission. A consistent, reliable, ultra-high-quality supply of compressed gases is critical for the continued use of analytical chemistry equipment.

TECHNICAL SPECIFICATIONS: The estimated number of gas cylinders of each chemical anticipated to be ordered for the year is listed in Attachment 1. The vendor will provide Cryo Tanks (180 liters) for liquid nitrogen and liquid oxygen, and standard size tanks (200 cubic feet) for the remaining types of compressed gas. Syphon Tubes may be needed for Carbon Dioxide grades of gas. Estimated amounts of compressed gas that may be ordered over the course of the contract’s base year are listed in Attachment 1.

During each delivery and pickup, the contractor will leave documentation detailing the transaction with the NWFSC Representative. Delivery documentation shall include the following:

1. Purchase Order Number

2. Invoice Number

3. Vendor Name

4. Date

5. Type of gas

6. Quantity

7. Cylinder size

8. Requester’s last name written on the tag of each tank

SPECIAL REQUIREMENTS: The Contractor shall perform all inspections and maintenance of Contractor-provided tanks/equipment according to federal safety guidelines and standards. Contractor shall provide a supply of required gases and ensure a continuous delivery of uncontaminated gases to NWFSC. Contractor shall supply all equipment in full operational status upon date of delivery.

Contractor’s equipment shall remain the property of the Contractor and shall be removed within 60 days after expiration of the contract. After expiration, the incoming contractor shall cooperate with the succeeding contractor so as to avoid interruption of the product supply.

After award, the contractor shall provide the point of contact name, email address, address of the business, and telephone number where to order the compressed gas. The preferred method of ordering compressed gas is by email.

DELIVERY SCHEDULE: Orders for compressed gases will be placed on an as-needed basis. Delivery is expected within three business days of placing an order.

PERIOD OF PERFORMANCE: The base period of performance is from the date of award for the Base Year and Four Option Years as follows:

Base year: 07/31/2026 to 07/30/2027 Option year 1: 07/31/2027 to 07/30/2028 Option year 2: 07/31/2028 to 07/30/2029 Option year 3: 07/31/2029 to 07/30/2030 Option year 4: 07/31/2030 to 07/30/2031

DELIVERY LOCATION: All deliveries and removal of empty gas tanks will be made in the NWFSC’s Montlake Facility Room 227E and the Oxygen Room (235E). The Contractor shall deliver all tanks via the NWFSC loading dock and remove all empty cylinders during the same service visit.

Liquid Nitrogen will be delivered next to Room 227E just inside the delivery door. Two Liquid Nitrogen Cylinders shall be on-site at all times, and the one emptied tank will be replaced every two weeks.

Liquid Oxygen (180L) will be delivered to the Poly Shed/South Side of the Montlake campus. Orders placed by the Ordering Official shall be delivered within three business days. There will be one empty tank to be picked up and one partially used container that will remain on-site. Two cylinders shall be on-site at all times.

Northwest Fisheries Science Center 2725 Montlake Blvd E Seattle WA, 98112

TECHNICAL PROJECT LEAD:

Jonelle Gates, Jonelle.gates@noaa.gov, 206-302-2445

Invoice Approver:

Linda Kim, linda.kim@noaa.gov, 206-302-1758

EVALUATION CRITERIA: This requirement will be awarded to the offeror with the lowest price technically acceptable (LPTA) quote. Technically acceptable means the items quoted match the specified requirement of the RFQ. Failure to include all required items in the quote will render the quote ineligible for award. The criteria listed are all of equal value and will be evaluated on the basis of pass or mailto:Jonelle.gates@noaa.gov mailto:linda.kim@noaa.gov fail. Please ensure to include details about what is being offered, as just providing a price does not give enough information to deem it technically acceptable or not.

1. Technical Acceptability/Capability. The quote shall meet the Technical Specifications identified in the Statement of Need. Failure to address the full requirements of the Statement of Need will be considered a fail, and the quote will not be accepted.

2. Firm-Fixed Price to include FOB Destination. Quotes shall include the best and final pricing for the materials to complete the Statement of Need.

CONTRACTORS INVOICE

INVOICES MUST BE SUBMITTED IN ARREARS

Per NAM 1330-52.232-71 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (FEB 2023) The Contractor must submit payment requests electronically through the U.S. Department of the Treasury's Invoice Processing Platform System (IPP). The Contractor must use the IPP website to register, access, and submit payment requests. The IPP website address is https://www.ipp.gov.

"Payment request" means any request for contract financing payment or invoice payment to the Contractor. To be considered proper, invoices must be prepared in accordance with, and contain all elements specified in, the contract payment clause (e.g., FAR 52.212-4(g), FAR 52.232-25(a)(3), FAR 52.232-26(a)(2), FAR 52.232-27(a)(2)). All invoices are to be submitted in arrears per 31 U.S.C. § 3324.

Advance payments are prohibited by 31 U.S.C. § 3324, which provides that, except as provided by a specific appropriation or other law, “a payment under a contract to provide a service or deliver an article for the United States Government may not be more than the value of the service already provided or the article already delivered.” The primary purpose of 31 U.S.C. § 3324 is to protect the Government against the risk of nonperformance (or refusal to refund moneys) by the contractor after receipt of payment. See 22 Comp. Gen. 834, 835 (1946). In its simplest terms, the statute prohibits the Government from paying for goods before they have been received or for services before they have been rendered.

The Contractor must include the following documents as attachments to payment requests submitted through the IPP: The vendor’s invoice attached to the ipp.gov invoice payment request. If shipping cost is applicable, evidence of shipment, Bill of Lading (BOL) invoice showing exact charges if freight exceeds $100. The government will only pay exact costs for freight when the charge exceeds $100; this must be supported by an airway bill or BOL invoice.

If the Contractor is unable to comply with the requirement to submit payment requests through the IPP due to a threat to national security; a matter of unusual or compelling urgency; or because the political, financial, or communications infrastructure of a foreign country does not support access to the IPP, the Contractor must request an exception in writing. Contact the Contracting Officer for more information about requesting an exception. (End of Clause) https://www.ipp.gov/ http://ipp.gov/

Section IX - Contract Clauses

Clauses Incorporated by Reference Clause Number Clause Title

52.203-17 Contractor Employee Whistleblower Rights. (NOV 2023)

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. (JAN 2017)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. (JAN 2017)

52.204-7 System for Award Management-Registration. (NOV 2024) (Deviation JAN 2026)

52.204-9 Personal Identity Verification of Contractor Personnel.

(JAN 2011)

52.204-13 System for Award Management-Maintenance. (OCT 2018) (Deviation JAN 2026)

52.209-6

Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (JAN 2025) (Deviation JAN 2026)

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015) (Deviation JAN 2026)

52.219-6 Notice of Total Small Business Set-Aside. (NOV 2020) (Deviation JAN 2026)

52.219-14 Limitations on Subcontracting. (OCT 2022) (Deviation JAN 2026)

52.222-3 Convict Labor. (JUN 2003)

52.222-19 Child Labor-Cooperation with Authorities and Remedies.

(JAN 2025) (Deviation JAN 2026)

52.222-36 Equal Opportunity for Workers with Disabilities. (JUN 2020) (Deviation JAN 2026)

52.222-50 Combating Trafficking in Persons. (OCT 2025) (Deviation

JAN 2026)

52.223-3 Hazardous Material Identification and Safety Data. (FEB 2021) (Deviation JAN 2026)

52.223-5 Pollution Prevention and Right-to-Know Information.

(MAY 2024)

52.223-11 Ozone-Depleting Substances. (MAY 2024) (Deviation JAN 2026)

52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners. (MAY 2024) (Deviation JAN 2026)

52.223-23 Sustainable Products. (MAY 2024) ((DEVIATION Jan 2026))

52.225-1 Buy American-Supplies (OCT 2022) (Deviation JAN 2026) 52.225-2 Buy American Certificate. (OCT 2022)

52.225-3 Buy American - Free Trade Agreements - Israeli Trade Act. (NOV 2023) (Deviation JAN 2026)

52.225-4 Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (NOV 2023) (Deviation JAN 2026)

Clause Number Clause Title

52.226-8 Encouraging Contractor Policies To Ban Text Messaging While Driving. (MAY 2024)

52.232-18 Availability of Funds. (APR 1984)

52.232-33 Payment by Electronic Funds Transfer - System for Award Management. (OCT 2018)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (MAR 2023)

52.233-3 Protest after Award. (AUG 1996) (Deviation JAN 2026)

52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) (Deviation JAN 2026)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation. (APR 1984)

52.240-90 Security Prohibitions and Exclusions Representations and Certifications. (Deviation JAN 2026)

52.240-91 Security Prohibitions and Exclusions. (Deviation JAN 2026)

52.247-34 F.o.b. Destination. (JAN 1991) 1352.201-70 Contracting Officer's Authority. (MAR 2010) 1352.209-73 Compliance with the laws. (APR 2010) 1352.209-74 Organizational conflict of interest. (APR 2010)

Standard Language UTILIZATION OF FEDCONNECT FOR CONTRACT ADMINISTRATION

The Department of Commerce will utilize the FedConnect® web portal in administering this award. The contractor must be registered in FedConnect® and have access to the FedConnect® website located at https://www.fedconnect.net/Fedconnect/. For assistance in registering or for other FedConnect® questions please call the FedConnect® Help Desk at (800) 899-6665 or email at support@fedconnect.net. There is no charge for registration in or use of FedConnect®.

RFO 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (FEB 2016) (Deviation JAN 2026)

(a) The Government will not enter into a contract with any corporation that-

(1) 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 an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) 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 an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that-

(1) 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; and

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

(End of provision)

RFO 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services. (SEP 2023) (Deviation JAN 2026)

(a) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. As a minimum, offers shall include

(1) The solicitation number;

(2) The name, address, telephone number of the Offeror;

(3) The Offeror's Unique Entity Identifier (UEI) and, if applicable, Electronic Funds Transfer (EFT) indicator;

(4) Information necessary to evaluate the factors contained in the provision at 52.212-2 or as described in the solicitation;

(5) Responses to provisions that require Offeror completion of information, representations, and certifications (other than those collected via the System for Award Management (SAM)); and

(6) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and any solicitation amendments.

(b) Period for acceptance of offers. The Offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(c) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers and any modifications or revisions to the Government office designated in the solicitation by the time specified in the solicitation.

(2) Any offer, modification, or revision received after the time specified for receipt of offers is "late" and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition. However, a late modification of an otherwise successful offer that makes its terms more favorable to the Government will be considered at any time it is received and may be accepted.

(3) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(4) Offerors may withdraw their offers by written notice to the Government received at any time before award.

(d) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with Offerors. Therefore, the Offeror's initial offer should contain the Offeror's best terms. However, the Government reserves the right to conduct discussions, if necessary. The Government may reject any or all offers if such action is in the public interest, accept other than the lowest offer, and waive informalities and minor irregularities in offers received.

(e) Debriefings. If a postaward debriefing is given to requesting Offerors, the Government will disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed Offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful Offeror and the debriefed Offeror and past performance information on the debriefed Offeror.

(3) The overall ranking of all Offerors when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award.

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful Offeror.

(6) Reasonable responses to relevant questions posed by the debriefed Offeror as to whether the agency followed source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities.

(End of provision)

RFO 52.212-2 Evaluation-Commercial Products and Commercial Services. (NOV 2021) (Deviation JAN 2026)

(a) Evaluation factors. The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors will be used to evaluate offers:

The criteria listed are all of equal value and will be evaluated on the basis of pass or fail. Please ensure to include details about what is being offered, as just providing a price does not give enough information to deem it technically acceptable or not.

1. Technical Acceptability/Capability. The quote shall meet the Technical Specifications identified in the Statement of Need. Failure to address the full requirements of the Statement of Need will be considered a fail, and the quote will not be accepted.

2. Firm-Fixed Price to include FOB Destination. Quotes shall include the best and final pricing for the materials to complete the Statement of Need.

The Government intends to award a low-priced, technically acceptable, single firm fixed-price purchase order on an all-or-none basis with payment terms of Net 30.

(b) Options (if applicable). The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. The evaluation of options does not obligate the Government to exercise the option(s).

(c) Notice of award. A written notice of award or acceptance of an offer furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

RFO 52.212-4 Terms and Conditions-Commercial Products and Commercial Services. (NOV 2023) (Deviation JAN 2026)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.

3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall-

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable;

(D) Contractor point of contact; and

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(5) Interest.(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if-

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a termination for cause.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon-

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered under this contract are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C.

chapter 21 relating to procurement integrity.

(r) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services;

(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(2) 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:

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

(ii) 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.

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

(2) Paragraph (s)(1) 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.

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(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 part 4, longer period required by statute, or periods specified in 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 clause 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.

(u) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

RFO 52.217-5 Evaluation of Options. (JUL 1990) (Deviation JAN 2026)

Except when it is determined in accordance with FAR 17.202(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of provision)

This includes options under RFO 52.217-8, Option to Extend Services, which applies to this solicitation.

Evaluation of options will not obligate the Government to exercise the option(s).

RFO 52.217-9 Option To Extend the Term of the Contract. (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 1 day prior to the expiration of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 5 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

(End of clause)

RFO 52.222-90 Addressing DEI Discrimination by Federal Contractors ((DEVIATION April 2026))

(a) Definitions. As used in this clause-

Program participation means membership or participation in, or access or admission to:

training, mentoring, or leadership development programs; educational opportunities; clubs;

associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.

Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.

(b) In connection with the performance of work under this contract, the Contractor agrees as follows:

(1) The Contractor will not engage in any racially discriminatory DEI activities;

(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;

(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;

(4) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer; and

(5) The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.

(6) The Contractor recognizes that compliance with the requirements of this clause are material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).

(c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States.

(End of clause)

RFO 52.237-1 Site Visit. (APR 1984)

Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

(End of provision)

A site visit is highly recommended but not required. Vendors are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions…