SOLICITATION 1333ND24QNB640066 ELECTRON MICROSCOPE MAINTENANCE.pdf

SAM.GOV CONTRACT OPPORTUNITIES ANNOUNCEMENT: COMBINED

SYNOPSIS/SOLICITATION

ACTION CODE: <COMBINED>

CLASSIFICATION CODE: J – MAINTENANCE, REPAIR, AND REBUILDING OF EQUIPMENT

SUBJECT: THERMO FISHER SCIENTIFIC (FORMERLY FEI) ELECTRON MICROSCOPE

MAINTENANCE

SOLICITATION NO.: 1333ND24QNB640066

RESPONSE DATE: 20 Feb 2024

CONTACT POINT: Randy Schroyer, Contract Specialist randy.schroyer@nist.gov Andrea Parekh, Contracting Officer andrea.parekh@nist.gov

THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS PREPARED IN

ACCORDANCE WITH THE FORMAT IN FEDERAL ACQUISITION REGULATION (FAR)

SUBPART 12.6-STREAMLINED PROCEDURES FOR EVALUATION AND SOLICITATION FOR

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES-AS SUPPLEMENTED WITH

ADDITIONAL INFORMATION INCLUDED IN THIS NOTICE. FAR PART 13.5 SIMPLIFIED

PROCEDURES FOR CERTAIN COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

ARE UTILIZED IN THIS PROCUREMENT. THIS ANNOUNCEMENT CONSTITUTES THE

ONLY SOLICITATION; QUOTATIONS ARE BEING REQUESTED, AND A WRITTEN

SOLICITATION DOCUMENT WILL NOT BE ISSUED.

This solicitation is a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2024-02 published 22 Dec 2023.

The associated North American Industrial Classification System (NAICS) code for this procurement is 811210 (Electronic and Precision Equipment Repair and Maintenance) with a small business size standard of $34.0M in revenue.

This acquisition is unrestricted and all interested quoters may submit a firm fixed-price quotation in accordance with the Statement of Requirements (SoR) and Table 1 Instrument Details, included as a combined attachment to this combined synopsis/solicitation

The National Institute of Standards and Technology’s (NISTs) Material Measurement Laboratory (MML) in Gaithersburg MD utilizes various Thermo Fisher Scientific (formerly FEI) variable pressure scanning electron microscopes, focused ion beam/scanning electron microscopes, and analytical/transmission electron microscopes in supporting and advancing its mission serving as the national reference laboratory for measurements in the material sciences. These are complex instruments that require routine maintenance and calibration to continuously meet the original equipment manufacturers (OEM) specifications, mailto:randy.schroyer@nist.gov mailto:andrea.parekh@nist.gov and that may require emergency service callouts to repair faults, failures, and sudden degradation in the performance envelope of the instruments.

Responsible quoters shall provide a quotation which includes all of the following line items:

BASE PERIOD (1 APR 2024 THROUGH 31 MAR 2025)

LINE ITEM 0001

QTY: 4 QUARTERS

Service Agreement for Helios NanoLab 660 (S/N D9467) Dual Beam Scanning Electron

Microscope (SEM) and Focused Ion Beam (FIB)

LINE ITEM 0002

Service Agreement for Titan 80-300 (S/N D3094) Scanning Transmission Electron

Microscope (STEM)

LINE ITEM 0003

Service Agreement for Apreo LoVac (S/N 9925610) Scanning Electron Microscope (SEM)

OPTIONAL SERVICE AGREEMENT TERMS

(LINs 0004-0015 ARE OPTIONAL YEARS FOR THE PURPOSE OF CONTINUING LIN 0001-

0003 ELECTRON MICROSCOPE SERVICE AGREEMENT COVERAGE – EXERCISE OF ONE OR

ALL OPTIONAL YEARS IS SOLELY AT THE DISCRETION OF THE GOVERNMENT)

The Government reserves the right to adjust the base period begin date and subsequent option period begin dates based upon the actual date of award.

OPTION YEAR 1 (1 APR 2025 THROUGH 31 MAR 2026)

LINE ITEM 0004

LINE ITEM 0005

LINE ITEM 0006

OPTION YEAR 2 (1 APR 2026 THROUGH 31 MAR 2027)

LINE ITEM 0007

LINE ITEM 0008

LINE ITEM 0009

OPTION YEAR 3 (1 APR 2027 THROUGH 31 MAR 2028)

LINE ITEM 0010

LINE ITEM 0011

LINE ITEM 0012

OPTION YEAR 4 (1 APR 2028 THROUGH 31 MAR 2029)

LINE ITEM 0013

LINE ITEM 0014

LINE ITEM 0015

Reference the Statement of Requirements (SoR) to view the service agreement requirements and the SoR’s Table 1 to view each instruments componentry.

LINE ITEMS 0001-0003, AND IF EXERCISED, LINE ITEMS 0004-0015 SHALL BE INVOICED

QUARTERLY IN ARREARS

This is an Open-Market Combined Synopsis/Solicitation for commercial instrument maintenance service as defined in the SoR. The Government intends to award a firm fixed-price (FFP) 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 quotations shall include a statement regarding the terms and conditions herein as follows:

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

OR

The Quoter 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:

Quoter shall list exception(s) and rationale for the exception(s).

Quoters that fail to furnish required representations or information or reject the terms and conditions of the solicitation may be excluded from consideration.

Please note that this procurement is not being conducted under the GSA Multiple Award Schedule (MAS) program or another Government-wide Acquisition Contract (GWAC). If a Quoter submits a quotation based upon an MAS 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 Quoter’s MAS or GWAC contract, and the statement required above shall be included in the quotation.

ADDENDUM TO FAR 52.212-1

QUOTATION PREPARATION INSTRUCTIONS

All quoters shall submit the following:

Each quotation shall consist of two (2) separate electronic files: (a) Technical Quotation (Vol.

I); and (b) Business/Pricing Quotation (Vol. II). Incomplete quotations may be considered non-compliant and removed from further consideration.

Quotations shall be clearly and concisely written as well as being neat, indexed (cross-indexed as appropriate) and logically assembled. All pages of each part shall be appropriately numbered and identified with the name of the quoter, the date, and the solicitation number. A one-page transmittal letter signed by an individual authorized to commit the organization shall be transmitted with the quotation to the Government. Each quotation shall be on 8.5” x 11” paper, in a commercially standard font, not smaller than 12-point. Each page in the quotation shall be separately numbered. The quotation shall be limited to fifteen (15) single-sided pages (excluding the letter of transmittal, instrument maintenance service agreement terms and preventive maintenance (PM) checklist for each electron microscope).

Overall Arrangement of Documents

VOLUME I: TECHNICAL

NIST will evaluate quotations, based on the information submitted in support of the following factors:

Technical Capability and Approach

The quoter shall submit a sufficient technical description and warranty terms for the maintenance agreement it is proposing for the Helios NanoLab 660, for the Titan 80-300 and for the Apreo LoVac, which clearly discusses each service agreement requirement listed in the SoR, details the approach by which PMs and emergency repair service to restore full system performance according to OEM specifications (including third party accessories) for non-networked electron microscopes is scheduled and executed, and the method(s) utilized for replacing defective parts with OEM factory-certified parts.

The quoter shall submit its routine PM checklist for the Helios NanoLab 660, its routine PM checklist for the Titan 80-300, its routine PM checklist for the Apreo LoVac, and a sample of the service ticket issued at the conclusion of an onsite service visit.

The quoter shall submit a narrative describing the geographic location(s) of its dispatch centers and the associated response time for emergency onsite service visits, and the established response time(s) for satisfying technical support telephone/e-mail inquiries.

The quoter shall submit a narrative discussing its approach for maintaining a sufficient crew of trained engineers or technicians with the required experience shown in Section X of the SoR that are authorized to perform PMs and repair service for the Helios NanoLab 660, Titan 80-300 and Apreo LoVac.

The quoter may, if available, include in Vol. I its service plan brochure. If various instrument level plans are portrayed in the service plan brochure, the quoter shall clearly identify the service level being proposed.

Small Business Subcontracting Plan In accordance with FAR 52.219-9 “Small Business Subcontracting Plan”, if the quoter is other than a small business entity, the quoter shall submit a Small Business Subcontracting Plan. A commercial plan is the preferred type of subcontracting plan for quoters furnishing commercial services.

The quoter shall not simply state they will meet the requirement; evidence must be provided.

If a quoter does not indicate how its proposed service plan meets a certain service requirement, NIST will determine that it does not. If applicable, evidence that the quoter is authorized by the OEM to provide PM and emergency repair service for the Helios NanoLab 660, the Titan 80-300 and the Apreo LoVac should be included.

Experience

The quoter shall provide up to three (3) examples to demonstrate the extent to which it has recently performed OEM Thermo Fisher Scientific (formerly FEI) electron microscope maintenance services on the same or similar equipment as defined in the Statement of Requirements (SoR). Explain how this experience provides confidence that the quoter can perform all required maintenance services.

Past Performance

The quoter shall submit:

Up to three (3) references for relevant contracts performed within the past three (3) years of a similar type and scope and size as the current requirements, with Federal, State, or Local Governments, or commercial customers.

The description of each contract shall not exceed one-half (1/2) page in length.

For each contract, the quoter shall provide:

-contract no.

-description and relevance to the current requirement – include dollar value -period of performance – indicate by mo. and yr. the start and completion (or “ongoing) dates for the contract -name and address of the client with current telephone no. and e-mail address for a Point of Contact (PoC)

If the quoter intends to subcontract with another firm for part of this requirement, that firm’s past performance information shall also be provided.

If the quoter has no relevant past performance, the quoter 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 quoter in its quotation.

VOLUME II: BUSINESS/PRICING

The quoter shall submit one itemized business/pricing quotation that is structured based on the line item nos. shown in this solicitation. The quoter may use its standard quote form. The business/pricing quotation shall be separate from any other portion of the quotation. The quoter shall propose firm fixed prices for each Line Item 0001-0015.

The quoter is encouraged to discount its pricing/rates. If price discounts are offered, identify the percentage of price discount and/or price reduction offered.

The Volume II Business/Pricing Quotation shall also include:

a) the offeror’s Unique Entity Identifier (UEI)

To be eligible for award, the offeror must have an active registration in the System for Award Management (www.sam.gov)

b) Completed FAR Provisions: 52.204-17, 52.204-20, 52.204-26, 52.209-2, 52.209-5, 52.209- 7, 52.209-11, 52.222-22, 52.222-25, 52.222-48, and 52.223-22 (each of which is included elsewhere in this solicitation)

c) Page(s) from the quoter’s established Commercial Service Agreements Pricelist and Pre- Maintenance Inspections Pricelist (if applicable); or in the absence of a commercial pricelist, documentation showing the pricing at which these are offered to the quoter’s most favored customer

d) If the quoter intends to assess pre-maintenance inspections for the Helios NanoLab 660, Titan 80-300 and Apreo LoVac, the quoter shall include itemized pricing for each instrument.

Any pre-maintenance inspection fees imposed by the quoter shall be invoiced in arrears.

The Government anticipates that the resultant purchase order will be awarded based upon adequate price competition. However, in order to determine that prices are fair and reasonable, the Government reserves the right to request the quoter provide further cost breakdown to support quoted prices.

ADDENDUM TO FAR 52.212-2

EVALUATION AND BASIS FOR AWARD

The Government will award a purchase order resulting from this solicitation that will include the terms and conditions that are set forth herein to the responsible quoter whose quotation http://www.sam.gov/ is the most highly rated, and conforming to the solicitation, results in the best value to the Government, non-price and price factors considered. NIST reserves the right to make an award to other than the lowest-priced quoter or to the quoter ranked highest technically, if it determines that to do so would result in the best value to the Government.

The Government intends to make a single award and reserves the right to make no award as a result of this solicitation.

The Government intends to evaluate quotations and award a purchase order without discussions with quoters. Therefore, the quoter's initial quotation should contain the quoter's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any and or all quotations if such action is in the public interest; accept other than the lowest price quotation; and waive informalities and minor irregularities in quotations received.

The Government reserves the right to request revised quotations from, or negotiate final contract terms with, one or more, but not all, quoters if later determined by the Contracting Officer to be necessary.

Quotations received will first be evaluated from a technical standpoint without regard to quoted prices. Quotations that to not demonstrate the quoter is compliant with all requirements defined in the SoR will not be considered further for award.

Once the Government determines the Contractor that is best-suited (i.e., the apparent successful Contractor), the Government reserves the right to communicate with only that Contractor to address any remaining issues, if necessary, and finalize a purchase order with that Contractor. These issues may include technical and price.

The Government will not perform price realism.

Non-price factors are listed in descending order of importance. Technical capability and approach is the most important non-price factor.

Non-price factors, when combined, are approximately equal in importance to evaluated price.

Technical Capability and Approach

Evaluation of technical capability and approach will be based on the information provided in the technical quotation.

Technical Capability and Approach means the quoter:

1. Has a) produced sufficient technical descriptions, literature and warranty terms for the maintenance agreements being proposed for the Helios NanoLab 660, the Titan 80-300 and the Apreo LoVac which are compliant with the SoR, b) detailed its approach for scheduling and executing PMs, c) detailed its approach for scheduling and executing emergency repair service calls to restore full system performance according to OEM specifications (including third party accessories) for non-networked electron microscopes, and d) described the method(s) utilized for replacing defective parts with OEM factory-certified parts.

2. Submitted a routine PM checklist for each instrument that is thorough and suited to the complexity of the tool, and the service ticket sample captures the content expected by

NIST.

3. Has the capability to expeditiously respond to service calls for emergency onsite repairs and respond to technical support telephone/e-mail inquiries.

4. Has the capability to maintain a sufficient crew of experienced OEM-trained engineers or technicians that are authorized to perform PMs and repair service for the various electron microscopes.

If the quoter was other than a small business entity and included the required Small Business Subcontracting Plan, to determine acceptability, the Government will review the quoters submitted Small Business Subcontracting Plan for adequacy, to ensure the required information, goals, and assurances are included.

Quotations that do not demonstrate the quoter is compliant with all requirements defined in the SoR will not be considered further for award.

Experience

The Government will evaluate the quoter’s experience examples submitted to determine the extent to which the quoter’s general background and experience demonstrate its ability to perform maintenance services on OEM Thermo Fisher Scientific (formerly FEI) electron microscopes.

Past Performance

Evaluation of past performance will be based on the references provided and/or the quoters recent and relevant procurement history with NIST. The past performance evaluation will determine the overall quality of the services and the quoters responsiveness and timeliness for satisfying the routine PM and emergency repair service needs of the client.

Quoters with no relevant past performance will not be rated favorably or unfavorably. If a quoter does not have a history of relevant contract experience, or if past performance information is not available, the quoter will receive a neutral past performance rating.

Price

A quoter’s business/pricing quotation will be evaluated only if the quoter’s technical quotation is considered to be technically acceptable.

The Government will evaluate the quoter’s proposed pricing for reasonableness.

The Government will evaluate quotations for award purposes by adding the total price of the service agreements, and if applicable the pre-maintenance inspection fees for each instrument for the base period plus the total price of the service agreements for each instrument during the four (4) outyears.

The Government may determine a quotation is unacceptable if the option year pricing is significantly unbalanced. Evaluation of option year pricing does not obligate the Government to exercise the options.

***APPLICABLE PROVISIONS AND CLAUSES***

The full text of a FAR provision or clause may be accessed electronically at http://acquisition.gov/far/index.html

The following FAR provisions apply to this acquisition:

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (SEP 2007) 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements—Representation (JAN 2017) 52.204-7 System for Award Management (OCT 2018) 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020) 52.204-17 Ownership or Control of Quoter (AUG 2020)

OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020)

(a) Definitions. As used in this provision–

Commercial and Government Entity (CAGE) code means–

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following:

ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

(b) The Offeror represents that it □ has or □ does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

http://acquisition.gov/far/index.html

(c) If the Offeror indicates "has" in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code: ____________________

Immediate owner legal name: ______________________

(Do not use a "doing business as" name)

Is the immediate owner owned or controlled by another entity?: □ Yes or □ No.

(d) If the Offeror indicates "yes" in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code: ___________________

Highest-level owner legal name: ___________________

(Do not use a "doing business as" name)

(End of provision)

52.204-20 Predecessor of Offeror (AUG 2020)

PREDECESSOR OF OFFEROR (AUG 2020)

(a) Definitions. As used in this provision–

Commercial and Government Entity (CAGE) code means–

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it □ is or □ is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated "is" in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: (or mark "Unknown").

Predecessor legal name: .

(Do not use a "doing business as" name).

(End of provision)

52.204-22 Alternative Line Item Proposal (JAN 2017)

52.204-26 Covered Telecommunications Equipment or Services-Representation (OCT 2020)

COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (OCT 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c)

(1) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it □ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures (DEC 2023) https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.sam.gov/

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations – Representation

(NOV 2015)

PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-REPRESENTATION (NOV

2015)

(a) Definitions. “Inverted domestic corporation” and “subsidiary” have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that-

(1) It □ is, □ is not an inverted domestic corporation; and

(2) It □ is, □ is not a subsidiary of an inverted domestic corporation.

(End of provision)

52.209-5 Certification Regarding Responsibility Matters (AUG 2020)

CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

(a)

(1) The Offeror certifies, to the best of its knowledge and belief, that—

(i) The Offeror and/or any of its Principals–

(A) Are □ are not □ presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have □ have not □, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are □ are not □ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062680 https://www.acquisition.gov/content/part-9-contractor-qualifications#i1116407 https://www.acquisition.gov/content/part-9-contractor-qualifications#i1116422 https://www.acquisition.gov/far/part-52#FAR_52_209_7

(D) Have □, have not □, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104- 5(a)(2) for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C.

§ 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency.

This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has □ has not □, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

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

https://www.acquisition.gov/far/part-9#FAR_9_104_5 https://www.acquisition.gov/far/part-9#FAR_9_104_5

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph

(a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

52.209-7 Information Regarding Responsibility Matters (OCT 2018)

INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) Definitions. As used in this provision—

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

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

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

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

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager;

plant manager; head of a division or business segment; and similar positions).

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

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

(End of provision) https://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_204_7

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction Under any Federal Law (FEB 2016)

REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION

UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, 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 Quoter 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)

52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (SEP 2023)

52.212-2 Evaluation—Commercial Products and Commercial Services (NOV 2021)

52.212-3 Offeror Representations and Certifications- Commercial Products and Commercial Services (NOV 2023)

In accordance with FAR 52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services, quoters must complete annual representations and certifications on-line at sam.gov/SAM/ and be actively registered to be eligible for award. If paragraph (j) of the provision applies, a written submission is required.

52.217-5 Evaluation of Options (JUL 1990)

52.222-22 Previous Contracts and Compliance Reports (FEB 1999)

The quoter represents that— It □ has, □ has not participated in a previous contract or subcontract subject to the Equal

Opportunity clause of this solicitation;

It □ has, □ has not filed all required compliance reports; and Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

(End of provision)

52.222-25 Affirmative Action Compliance (APR 1984)

AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

The offeror represents that-

(a)It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2); or

(b)It □ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(End of provision)

52.222-48 Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Certification.

EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT LABOR STANDARDS TO CONTRACTS FOR

MAINTENANCE, CALIBRATION, OR REPAIR OF CERTAIN EQUIPMENT-CERTIFICATION (MAY 2014)

(a) The offeror shall check the following certification:

Certification

The offeror □ does □ does not certify that-

(1) The items of equipment to be serviced under this contract are used regularly for other than Government purposes, and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontractor) in substantial quantities to the general public in the course of normal business operations;

(2) The services will be furnished at prices which are, or are based on, established catalog or market prices for the maintenance, calibration, or repair of equipment.

(i) An "established catalog price" is a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or the offeror, is either published or otherwise available for inspection by customers, and states prices at which sales currently, or were last, made to a significant number of buyers constituting the general public.

(ii) An "established market price" is a current price, established in the usual course of trade between buyers and sellers free to bargain, which can be substantiated from sources independent of the manufacturer or offeror; and

(3) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract are the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.

(b) Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services. If the offeror certifies to the conditions in paragraph (a) of this provision, and the Contracting Officer determines in accordance with FAR 22.1003-4(c)(3) that the Service Contract Labor Standards statute-

(1) Will not apply to this offeror, then the Service Contract Labor Standards clause in this solicitation will not be included in any resultant contract to this offeror; or

(2) Will apply to this offeror, then the clause at 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements, in this solicitation will not be included in any resultant contract awarded to this offeror, and the offeror may be provided an opportunity to submit a new offer on that basis.

(c) If the offeror does not certify to the conditions in paragraph (a) of this provision-

(1) The clause in this solicitation at 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements, will not be included in any resultant contract awarded to this offeror; and

(2) The offeror shall notify the Contracting Officer as soon as possible, if the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation.

(d) The Contracting Officer may not make an award to the offeror, if the offeror fails to execute the certification in paragraph (a) of this provision or to contact the Contracting Officer as required in paragraph (c) of this provision.

(End of provision)

52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals – Representation (DEC 2016) https://www.acquisition.gov/far/part-22#FAR_22_1003_4 https://www.acquisition.gov/far/part-52#FAR_52_222_51 https://www.acquisition.gov/far/part-52#FAR_52_222_51

PUBLIC DISCLOSURE OF GREENHOUSE GAS EMISSIONS AND REDUCTION GOALS-REPRESENTATION (DEC

2016)

(a) This representation shall be completed if the Offeror received $7.5 million or more in Federal contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal fiscal year.

(b) Representation. [Offeror is to check applicable blocks in paragraphs (1) and (2).]

(1) The Offeror (itself or through its immediate owner or highest-level owner) □ does, □ does not publicly disclose greenhouse gas emissions, i.e., make available on a publicly accessible website the results of a greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard.

(2) The Offeror (itself or through its immediate owner or highest-level owner) □ does, □ does not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly available website a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage.

(3) A publicly accessible website includes the Offeror’s own website or a recognized, third-party greenhouse gas emissions reporting program.

(c) If the Offeror checked "does" in paragraphs (b)(1) or (b)(2) of this provision, respectively, the Offeror shall provide the publicly accessible website(s) where greenhouse gas emissions and/or reduction goals are reported:________________.

(End of provision)

52.225-25 Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran—Representation and Certifications (JUN 2020)

52.252-1 Solicitation Provisions Incorporated by Reference

SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The quoter is cautioned that the listed provisions may include blocks that must be completed by the quoter and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the quoter may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://acquisition.gov/far/index.html

The following FAR clauses apply to this acquisition:

http://acquisition.gov/far/index.html

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020) 52.203-17 Contractor Employee Whistleblower Rights (NOV 2023) 52.204-4 Printed or Copied Double Sided on Postconsumer Fiber Content Paper (MAR 2011) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services

(NOV 2023)

52.217-8 Option to Extend Services (NOV 1999)

OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within any date prior to contract expiration.

(End of clause)

52.217-9 Option to Extend the Term of the Contract (MAR 2000)

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; 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 yrs.

(End of clause)

52.232-8 Discounts for Prompt Payment (FEB 2002) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) 52.242-13 Bankruptcy (JUL 1995) 52.245-1 Government Property (SEP 2021) 52.247-34 F.o.b. Destination (NOV 1991)

52.252-2 Clauses Incorporated by Reference (FEB 1998);

CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses 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://acquisition.gov/far/index.html

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders (DEC 2023) — Commercial Items including subparagraphs:

52.203-6 Restrictions on Subcontractor Sales to the Government (JUN 2020) 52.203-17 Contractor Employee Whistleblower Rights (NOV 2023) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) 52.204-14 Service Contract Reporting Requirements (OCT 2016) 52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023) 52.204-30 Federal Acquisition Supply Chain Security Act Orders—Prohibition (DEC 2023) 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) 52.219-8 Utilization of Small Business Concerns (SEP 2023) 52.219-9 Small Business Subcontracting Plan (SEP 2023) 52.219-28 Post Award Small Business Program Rerepresentation (SEP 2023) 52.222-3 Convict Labor (JUN 2003) 52.222-19 Child Labor – Cooperation with Authorities and Remedies (NOV 2023) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (SEP 2016) 52.222-35 Equal Opportunity for Veterans (JUN 2020) 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) 52.222-37 Employment Reports on Veterans (JUN 2020) 52.222-50 Combatting Trafficking in Persons (NOV 2021) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) 52.225-13 Restriction on Certain Foreign Purchases (FEB 2021) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (OCT 2018) 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)

The following Department of Commerce (CAR) provisions and clauses apply to this acquisition.