Solicitation 1333ND26QNB640315.pdf

RFQ IFB RFP

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODEFACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

17a CONTRACTOR/

OFFEROR.

CODE

8 (A)

SIZE STANDARD:

NAICS:

% FOR:SET ASIDE:UNRESTRICTED OR

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

10. THIS ACQUISITION IS

EDWOSB

SMALL BUSINESS PROGRAM

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

Attachment Page

PAGE 3 OF 30 1333ND26QNB640315

Page | 1

This solicitation is for commercial products or commercial services and is issued in accordance with RFO Part 12, Acquisition of Commercial Products and Commercial Services, as supplemented by Department of Commerce acquisition policies. The solicitation document and incorporated provisions and clauses are those in effect under the Revolutionary FAR Overhaul (RFO), as supplemented by Department of Commerce acquisition policy.

This procurement is being issued as unrestricted. All qualified businesses are eligible to quote.

The associated North American Industry 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.

It is anticipated that a Firm-Fixed Price type Purchase Order will be issued as a result of this solicitation.

The period of performance shall be a base period of twelve (12) months plus two 12-month option periods.

Offerors shall submit pricing for all line items on the Standard Form 1449 in accordance with Attachment A, Statement of Work (SOW).

Attachments:

Attachment A – Statement of Work (SOW) Attachment B – Clauses, Instructions to Offerors, and Evaluation Criteria

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Base Period

The Contractor shall provide a Complete Service Agreement for ddPCR System with AutoDG in accordance with the Statement of Work (SOW) and the terms and conditions included herein.

Period of Performance: 09/19/2026 to 09/18/2027

1.00 LO

OPT

1001 Option Period 1

The Contractor shall provide a Complete Service Agreement for ddPCR System with AutoDG in accordance with the Statement of Work (SOW) and the terms and conditions included herein.

Period of Performance: 09/19/2027 to 09/18/2028

1.00 LO

OPT

2001 Option Period 2

The Contractor shall provide a Complete Service Agreement for ddPCR System with AutoDG in accordance with the Statement of Work (SOW) and the terms and conditions included herein.

Period of Performance: 09/19/2028 to 09/18/2029

1.00 LO

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Table of Contents

Attachment A - Statement of Work (SOW)

Attachment B - Clauses, Instructions, and Evaluati

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CLAUSES

Attachment A - Statement of Work (SOW)

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Statement of Work (SOW) Title: Service Contract for Bio-Rad QX200 ddPCR System Including AutoDG

I. BACKGROUND INFORMATION

The National Institute of Standards and Technology (NIST), Complex Microbial Systems Group (CMSG) develops advanced measurements and standards for exploitation of microbes to promote human health, precision medicine, advanced manufacturing, and other industrial applications. The group uses genomic and metagenomic approaches to improve measurements on microbiomes and develops reference materials for assessing the sensitivity and specificity of pathogen detection.

Advanced methods including microfluidics, predictive modeling of engineered microbes and bioinformatics are being applied to critical research areas including clinical diagnostics and engineering biology. The groups existing Bio-Rad QX200 digital droplet PCR (ddPCR) system with automatic droplet generator (Auto DG) is vital in performing this work. To meet its mission, the CMSG requires an ongoing maintenance and repair service agreement for this instrument.

II. PURPOSE

The purpose of this requirement is to provide a service maintenance agreement for QX200 ddPCR system which includes the AutoDG (serial #773BR2209), droplet reader (serial #771BR4061) and computer (serial # 1864100-8005123014-000010-1), to include repair services, updates and replacement of parts as described herein.

PERIOD OF PERFORMANCE

The period of performance shall be a base period of twelve (12) months plus two 12-month option periods as follows:

Base Year: September 19, 2026 to September 18, 2027 Option Year 1: September 19, 2027 to September 18, 2028 Option Year 2: September 19, 2028 to September 18, 2029

Regular Business Hours Regular business hours are Monday through Friday, 8:00am to 5:00pm Eastern Time, excluding Federal holidays and NIST closures.

PLACE OF PERFORMANCE

The place of performance shall be onsite at NIST, Building 227, 100 Bureau Drive, Gaithersburg, MD 20899.

III. SPECIFIC REQUIREMENTS

The Contractor shall provide all maintenance and repair services for QX200 ddPCR system which includes the AutoDG (serial #773BR2209), droplet reader (serial #771BR4061) and computer (serial # 1864100-8005123014-000010-1).

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TASKS

Task 1 -

The Contractor shall:

• Provide on-site repairs for covered instruments through unlimited emergency service visits including all travel, original equipment manufacturer (OEM) certified parts, OEM certified software updates, for equipment failures.

• Provide one (1) preventative maintenance visit during the support plan term.

• Provide telephone or other remote support for troubleshooting of the covered equipment during NIST normal business hours.

• Provide all support for equipment, administration, and technical execution of this contract. The Contractor is responsible for maintaining accurate records of maintenance and repair activities.

• Perform all repairs on-site at NIST Gaithersburg unless agreed otherwise by NIST Contract Officer Representative (COR). In case of any off-site repairs, the Contractor shall be responsible for all packaging, shipping, and transportation as well as liability in transit for the equipment both outgoing from NIST to Contractor’s facility and returning from Contractor’s facility to NIST. Any parts or components removed for replacement shall become the property of the Contractor unless otherwise agreed to by NIST COR and Contractor.

• Remove such parts from the NIST campus at the time of repair or otherwise provide the NIST COR shipping instructions, necessary packaging, and a pre-paid shipping label along with any needed return of materials authorization (RMA) so that NIST may return the parts to the Contractor within three (3) business days after the service is completed.

The Contractor shall be responsible for all costs and assume all liability for all shipments.

Task 2: Preventative Maintenance Visit

The Contractor shall:

• Contact the NIST Contract Officer Representative (COR) to schedule the preventative maintenance visit at least three (3) weeks in advance of the visit.

• Perform preventative maintenance to include routine maintenance actions recommended by the OEM to ensure instrument performance within specifications. Preventative maintenance may be performed at the same time as an emergency service visit if such visit occurs within one month before a scheduled preventative maintenance visit.

Preventative maintenance shall include the installation of any OEM software or firmware updates.

• Provide all consumables specified by the OEM for performing preventative maintenance.

Task 3: Emergency Service Visits

• Respond to a report of instrument failure from the NIST COR by scheduling an emergency service visit within three (3) business days of receiving the report.

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• Be responsible for obtaining all parts required for repairs.

Task 4: Telephone or other Remote Support

• Provide unlimited telephone or other remote support for the equipment covered during NIST normal business hours as necessary for troubleshooting the equipment for other than normal operation or failure.

• Respond to requests for remote support within two (2) business days.

Task 5: Service Report

The Contractor shall submit a service report to the NIST COR prior to departure from NIST on any given emergency service visit for maintenance and repairs. Signature of the service report by the COR shall constitute acceptance of the work performed.

The service report must include the following for all instrument repairs and maintenance:

a. Model number.

b. Serial number.

c. Date and time of arrival to NIST.

d. Description of service performed.

e. Name and quantity of any parts that were repaired.

f. Name and quantity of any parts that were replaced.

g. Date and time of departure from NIST.

h. Diagnostic test results or narrative summary demonstrating that the instrument meets the performance standards.

i. Any additional comments or recommendations.

j. Printed name and signature of service technician.

k. Signature block for NIST COR accepting the services rendered.

The contractor shall submit copies of the service report performed within a billing cycle with the accompanying invoice.

IV. GENERAL REQUIREMENTS

Warranty

All labor, replacement parts and components provided by the Contractor must be guaranteed for a period of ninety (90) days from the service visit completion date.

Contractor Personnel Qualifications

The Contractor shall provide service engineers that are trained and certified by Bio-Rad Laboratories to repair Bio-Rad instrumentation used in ddPCR.

Compliance with NIST Rules and Regulations

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While on the NIST campus, the Contractor’s representative(s) shall abide by all NIST rules and regulations. The Contractor shall provide all information necessary for the NIST COR to obtain authorization for Contractor Employees and/or Subcontractor Employees to enter the NIST campus in accordance with NIST Security Policy and Procedures. The Contractor shall provide this information at least three weeks in advance of any preventative maintenance visit and at least two business days in advance of any emergency service visit.

Security

NIST is a restricted campus. An identification badge is required for access for entry into buildings and is shown to the armed Security Police when entering the campus. Contractor personnel must wear the identification badge issued by NIST Security while working at any NIST campus and comply with all escort requirements for any areas requiring such escort as instructed by the NIST COR and NIST subject matter expert (SME).

REQUIREMENTS FOR CONTRACTOR PERSONNEL

Identify all qualifications that the Contractor and/or their personnel working on this contract must possess.

Safety: The Contractor employee must be responsible for knowing and complying with all installation safety prevention regulations. Such regulations include, but are not limited to, general safety, fire prevention, and waste disposal.

Security: NIST is a restricted campus. An identification badge is required for access for entry into buildings and is shown to the armed Security Police when entering the campus.

Identification Badges: Contractor employees must comply with NIST identification and access requirements. Each Contractor employee must wear a visible identification badge provided by the NIST Security Office.

Vehicle Registration

All Contractor employees must register their vehicles with the NIST Security Office to gain access to the campus. A valid driver’s license, REAL-ID compliant government-furnished civilian ID (which in most cases can be a valid driver's license), proof of insurance and current registration must be presented to the NIST Security Office.

V. SCHEDULE OF DELIVERABLES

Deliverable Number Description Format Due Date

Quantity

1 Emergency or Maintenance Service Report

Hardcopy or electronic (MS Word or Adobe PDF)

Upon completion of the on-site service visit

1 per emergency or maintenance service visit

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Standards of Acceptance: The NIST COR shall review all the above deliverables and respond with an acceptance or request for revision email to the Contractor Point of Contact (POC) within 3 business days of receipt of deliverable.

VI. PERFORMANCE REQUIREMENT SUMMARY

Desired Output Performance Standard Monitoring Method

Preventative Maintenance Visit

OEM specified preventative maintenance actions are performed.

Necessary consumables for preventative maintenance are provided.

Acceptance of service report by

NIST COR.

Emergency Service Visits

System is returned to normal operation through on-site repair or off-site repair is agreed to by NIST and Contractor and arranged by Contractor.

Contractor effort to obtain replacement parts, if needed.

Acceptance of service report by

NIST COR.

Telephone or other Remote Support for Troubleshooting

Contractor responds to NIST requests for support within two business days.

Contractor resolves system trouble or initiates an emergency service visit for on-site repair.

Documentation of requests for support and responses received by

NIST COR.

Attachment B - Clauses, Instructions, and Evaluati

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Attachment B - Clauses, Instructions to Offerors, and Evaluation Criteria

The full text of FAR provisions or clauses may be accessed electronically at https://www.acquisition.gov/far-overhaul.

FAR 52.212-1 - Instructions to Offerors - Commercial Products and Commercial Services (Deviation January 2026), applies to this acquisition. See Addendum to FAR 52.212-1 below.

The quotation shall be submitted electronically via email and shall consist of one volume as detailed below. Each quotation volume shall include the Offeror’s name, UEI number, and point of contact information in a cover page, header/footer, or other easily identified location.

I. Questions

INQUIRIES

Offerors must submit all questions concerning this solicitation in writing electronically to Jennifer Lohmeier at Jennifer.lohmeier@nist.gov. Questions must be received by or before July 27, 2026 at 10:00AM ET. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract.

II. General

The Government intends to evaluate quotations and make award without discussions but reserves the right to seek clarifications or conduct exchanges if determined necessary. In doing so, the Contracting Officer might not necessarily inform offerors of problems with their quotations or areas where their quotations do not meet RFQ requirements. Nor shall the fact that the Contracting Officer has sought such additional information from one (or more) offerors obligate the Government to have similar communications or any communications whatsoever with any other offerors. Furthermore, the Contracting Officer might decide NOT to request additional information or clarifications of the offerors. Therefore, an offeror’s quote, as submitted, must be complete and in compliance with the RFQ requirements.

This procurement is conducted under RFO Part 12 procedures.

The Government intends to make award as a result of this solicitation that will include the terms and conditions as set forth herein. To facilitate an award, quotes shall include a statement regarding the terms and conditions as set forth herein as follows:

a) The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition.

OR

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b) 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:

Definitions:

1. Time: If stated as a number of days, the days are calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and Federal legal holidays.

However, if the last day falls on a Saturday, Sunday, or Federal legal holiday, then the period shall include the next working day.

2. Options: A unilateral right in a contract by which, for a specified time, the Government may elect to purchase additional supplies or services called for by the contract or may elect to extend the term of the contract. All options will be specifically called out as such in the Statement of Work (SOW), if applicable.

3. Quote expiration date: Quotes in response to this solicitation shall be valid for a minimum of 90 calendar days.

III. Electronic Submission

Quotes must be submitted and received via email to Jennifer Lohmeier at Jennifer.lohmeier@nist.gov by 10AM ET, August 4, 2026 in order to be considered. Failure to submit a complete quote prior to the solicitation closing date and time will render the quote late and unacceptable. To be considered for award, the Offeror must be an “active” registrant in the U.S. System for Award Management (SAM) at time of solicitation close.

Offerors are responsible for confirming receipt of quotes. Confirmation request email shall be directed to: Jennifer Lohmeier, Contract Specialist: Jennifer.lohmeier@nist.gov

IV. Amendments to Solicitations

If this solicitation is amended, all terms and conditions that are not amended remain unchanged.

Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

V. Submission, Modification, Revision, and Withdrawal of Quotes

1. Quotes and revisions of quotes shall be submitted by email to Jennifer.lohmeier@nist.gov under the appropriate solicitation number.

2. Offerors shall submit quotes in response to this solicitation in English and in U.S. dollars.

3. Quotes may be withdrawn at any time before Contract award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

4. Offerors shall notify the Contracting Officer of the expiration of a special discount two weeks prior to the discount expiration.

VI. Quote Format and Content

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The quotation shall be submitted as a single electronic document in Adobe PDF or Microsoft Word format and shall include the following sections:

1. Technical Quote The technical quote shall clearly demonstrate the quoter's ability to meet all requirements of the Statement of Work (SOW). At a minimum, the technical quote shall include:

1. Technical Approach o A brief description of how the quoter will perform the required preventive maintenance, emergency repair services, remote technical support, and service reporting in accordance with the SOW.

2. Personnel Qualifications o Documentation demonstrating that the proposed service engineer(s) are trained and certified by Bio-Rad Laboratories to service the Bio-Rad QX200 ddPCR System and AutoDG.

3. OEM Authorization o Documentation demonstrating that the quoter is Bio-Rad Laboratories or an

OEM-authorized service provider capable of providing OEM-certified replacement parts and OEM software and firmware updates.

4. Response Capability o A statement confirming the quoter's ability to meet the required response times specified in the SOW, including:

Emergency service visit scheduling within three (3) business days of notification; and Remote technical support response within two (2) business days.

The technical quote shall not exceed three (3) pages, excluding the pricing schedule and completed representations and certifications. The quotation shall be prepared on 8½ x 11-inch paper using a minimum 12-point font.

2. Price Quote

The price quote shall include firm-fixed price unit and extended prices for the base period and each option period. Prices shall be inclusive of all labor, travel, preventive maintenance, emergency service visits, replacement parts, software and firmware updates, and consumables as required and to perform the requirements of the SOW.

Representations and Certifications

The quoter shall complete and submit all representations and certifications required by the solicitation.

All provisions listed in full-text within this document shall be submitted as an addendum to the price quote and does not count against the page limit identified in the quote instructions.

RFO FAR 52.212-2 Evaluation – Commercial Products and Commercial Services (DEVIATION January 2026) (Addendum to FAR 52.212-2)

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VIII. Quote Evaluation

I. General

An award shall be made to the offeror whose quotation is deemed technically acceptable and at the lowest priced. The Government will evaluate quotations based on the following evaluation criteria: Factor 1 - Technical, and Factor 2 - Price.

The Government intends to award a firm fixed price purchase order to the responsible quoter submitting the lowest-priced quotation that is determined to be technically acceptable. Technical acceptability will be evaluated on an acceptable/unacceptable basis. Quotations determined to be technically acceptable will not be ranked or receive additional consideration for exceeding the Government's minimum requirements. Price will become the determining factor for award among all technically acceptable quotations

Upon receipt of Quotations, the Contracting Officer will review them to determine if each Quoter followed all of the Quotation preparation/submission instructions in this solicitation. A Quotation that did not follow the Quotation submission instructions to an extent that the Government cannot properly evaluate the Quotation in accordance with the stated evaluation factors may be deemed unacceptable and may not be further evaluated.

Factor 1 – Technical (Pass/Fail)

Quotations will be evaluated to determine whether the quoter has demonstrated the ability to perform all requirements of the Statement of Work (SOW) and as detailed under Section VI.

Quote Format and Content.

Factor 2 – Price

The Government will evaluate the total evaluated price, consisting of the base period and all option periods, for completeness, reasonableness, and mathematical accuracy.

The Government may determine that a price is unreasonable if it is materially unbalanced or does not reflect a clear understanding of the solicitation requirements.

IX. Applicable Provisions and Clauses

FAR 52.252-1 Solicitation Provisions Incorporated by Reference.

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph

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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):

Federal Acquisition Regulation (FAR): https://www.acquisition.gov/far-overhaul

Commerce Acquisition Regulation (CAR): http://www.ecfr.gov/cgi-bin/text-idx?SID=8b5f22b07c12a52e8b29841ad60f1fd9&mc=true&tpl=/ecfrbrowse/Title48/48chapter13 .tpl

Provisions incorporated by reference

FAR 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation FAR 52.204-7, System for Award Management FAR 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations – Representation FAR 52.209-7, Information Regarding Responsibility Matters FAR 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law FAR 52.225-25, Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran

Provisions incorporated in full text

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

(DEVIATION Jan 2026)

(a) Definitions. As used in this clause— Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

(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 9.108-3(b) applies or the requirement is waived in accordance with the procedures at 9.108-5.

(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)

52.219-1 Small Business Program Representations. (DEVIATION Jan 2026)

(a) Definitions. As used in this provision-

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who

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are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.

HUBZone small business concern means a small business concern that meets the requirements described in 13 CFR 126.200, is certified by the Small Business Administration (SBA) and designated by SBA as a HUBZone small business concern in the Small Business Search (SBS) (

13 CFR 126.103).

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300.

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (b) of this provision.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern means a small business concern that-

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by one or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraph (1) of this definition.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127) means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b)

(1) The North American Industry Classification System (NAICS) code for this acquisition is

[insert NAICS code].

(2) The small business size standard is [insert size standard].

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce (i.e., nonmanufacturer), is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

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(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(c) Representations.

(1) The offeror represents as part of its offer that—

(i) it □ is, □ is not a small business concern; or

(ii) It □ is, □ is not a small business joint venture that complies with the requirements of 13

CFR 121.103(h) and 13 CFR 125.8(a) and (b). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: .]

(2) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small disadvantage business concern.

(3) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The offeror represents as part of its offer that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: .]

(4) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents as part of its offer that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: .]

(5) SDVOSB joint venture eligible under the SDVOSB Program. [Complete only if the offeror is certified as a SDVOSB concern]. The offeror represents as part of its offer that it □ is, □ is not a SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: .]

(6) HUBZone joint venture eligible under the HUBZone Program. [Complete only if the offeror is a HUBZone small business concern.] The offeror represents, as part of its offer, that it □ is,

□ is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture must be certified as a HUBZone concern.

(d) Notice. Under 15 U.S.C. 645(d), any person who misrepresents a firm’s status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, will be—

(1) Punished by imposition of fine, imprisonment, or both;

(2) Subject to administrative remedies, including suspension and debarment; and

(3) Ineligible for participation in programs conducted under the authority of the Act. (End of provision)

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FAR 52.219-28 Post-Award Small Business Program Representation

(a) Definitions. As used in this clause— Long-term contract means a contract of more than five years in duration, including options.

However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall represent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts-

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) If the Contractor represented its status as any of the small business concerns identified at 19.000(a)(3) prior to award of this contract, the Contractor shall represent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, for the NAICS code assigned to an order (except that paragraphs (c)(1) through (3) of this clause do not apply to an order issued under a Federal Supply Schedule contract at subpart 8.4)—

(1) Set aside exclusively for a small business concern identified at 19.000(a)(3) that is issued under an unrestricted multiple-award contract, unless the order is issued under the reserved portion of an unrestricted multiple-award contract ( e.g., an order set aside for a woman-owned small business under a multiple-award contract that is not set-aside, unless the order is issued under the reserved portion of the multiple-award contract);

(2) Issued under a multiple-award contract set aside for small businesses that is further set aside for a specific socioeconomic category that differs from the underlying multiple-award contract ( e.g., an order set aside for a HUBZone small business concern under a multiple-award contract that is set aside for small businesses);

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(3) Issued under the part of the multiple-award contract that is set aside for small businesses that is further set aside for a specific socioeconomic category that differs from the underlying set-aside part of the multiple-award contract ( e.g., an order set aside for a WOSB concern under the part of the multiple-award contract that is partially set aside for small businesses); and

(4) When the Contracting Officer explicitly requires it for an order issued under a multiple-award contract, including for an order issued under a Federal Supply Schedule contract (see 8.405-5(b) and 19.301-2(b)(2)).

(d) The Contractor shall represent its size status in accordance with the size standard in effect at the time of this representation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.

(e) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

(1) Was set aside for small business and has a value above the simplified acquisition threshold;

(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or

(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraphs (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting officer in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs

(f) or (h) of this clause.

(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following representation and submit it to the contracting office, along with the contract number and the date on which the representation was completed:

(1) The Contractor represents that it □ is, □ is not a small business concern under NAICS Code _____ assigned to contract number _____.

(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it □ is, □ is not, a small disadvantaged business concern as defined in 13 CFR 124.1001.

(3) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it □ is, □ is not a women-owned small business concern.

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(4) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The

Contractor represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __.]

(5) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The Contractor represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __ .]

(6) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause. ] The Contractor represents that it □ is, □ is not a veteran-owned small business concern.

(7) [Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] The Contractor represents that it □ is, □ is not a service-disabled veteran-owned small business concern.

(8) Service-disabled veteran-owned small business (SDVOSB) joint venture eligible under the SDVOSB Program. The Contractor represents that it □ is, □ is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402.

[ The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __.]

(9) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause. ] The Contractor represents that—

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [ The Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: _____. ] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

[ Contractor to sign and date and insert authorized signer's name and title.____________________________ ]

NAICS Code Small business

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(End of clause) Alternate I (Mar 2020). As prescribed in 19.309 (c)(2), substitute the following paragraph (h)(1) for paragraph (h)(1) of the basic clause:

(h)(1) The Contractor represents its small business size status for each one of the NAICS codes assigned to this contract.

FAR 52.240-90 Security Prohibitions and Exclusions Representations and Certifications (Deviation)

(a) Definitions. As used in this provision-—

Backhaul, covered article, covered telecommunications equipment or services, critical technology, FASCSA order, Intelligence community, interconnection arrangements, national security system, roaming, sensitive compartmented information, sensitive compartmented information system, source, and substantial or essential component have the meanings provided in the clause 52.240-91, Security Prohibitions and Exclusions.

Business operations means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.

Marginalized populations of Sudan means—

(1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act (Pub. L. 109-344) (50 U.S.C. 1701 note); and

(2) Marginalized areas in Northern Sudan described in section 4(9) of such Act.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted under specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

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(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

(b) Procedures.

(1) Covered telecommunications and video surveillance. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”

(2) FASCSA Orders.

(i) The Offeror shall search in SAM for the phrase “FASCSA order” for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (e) of FAR 52.240-91, Security Prohibitions and Exclusions.

(ii) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM but are effective and apply to the solicitation and resultant contract (see FAR 40.204-1(c)(2)).

(iii) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(c) Covered telecommunications equipment or services representations. By submission of its offer, the Offeror represents that, after conducting a reasonable inquiry (that looks at any information in the Offeror’s possession but does not need to include an internal or third-party audit)—

(1) It will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation, except as waived by the solicitation, or as disclosed in paragraph (g); and

(2) It does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services, except as waived by the solicitation, or as disclosed in paragraph (g).

(d) FASCSA Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided

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by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (g). A reasonable inquiry will look at any information in the offeror’s possession but does not need to include an internal or third-party audit.

(e) Sudan…