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Brief Description-AMENDMENT 0001 NIST 1333ND21QNB640495 REQUIREMENTS: BRAND NAME ONLY - Direct Sampling Probe with Quadrupole Mass Spectrometer The following Amendment 0001 is issued to correct an err... Brief Description-AMENDMENT 0001 NIST 1333ND21QNB640495 REQUIREMENTS: BRAND NAME ONLY - Direct Sampling Probe with Quadrupole Mass Spectrometer The following Amendment 0001 is issued to correct an error in the Point of Contact’s email address in the Solicitation page 20 of 20 highlighted in the attachments for this Amendment and corrected below near the end of the Description posted: ***Organizations shall e-mail their quotation to harry.brubaker@nist.gov so that it is received by the response date/time for this solicitation. It is the responsibility of the organization to confirm NIST’s receipt of its quotation. Each quotation shall include sufficient data to allow the Government to determine the amount, realism and consistency of the quoted fixed price. An e-mail quotation will be considered received when it is received in the electronic in-box of harry.brubaker@nist.gov not later than the date and time identified herein. The submission deadline for quotes is unchanged. ***The due date and time for receipt of quotations is September 1, 2021 no later than 4:00PM EST. Only information received on or before the due date and time for receipt of quotations will be considered for award. Any quotation, or part thereof received after the due date and time for receipt of quotations, will be deemed late and not considered for award. This ends Amendment 0001 for NIST 1333ND21QNB640495 ************** SAM.GOV CONTRACT OPPORTUNITIES ANNOUNCEMENT: COMBINED SYNOPSIS/SOLICITATION ACTION CODE: CLASSIFICATION CODE: 66(30) – INSTRUMENTS AND LABORATORY EQUIPMENT / CHEMICAL ANALYSIS INSTRUMENTS SUBJECT: BRAND NAME ONLY - Direct Sampling Probe with Quadrupole Mass Spectrometer SOLICITATION NO.: 1333ND21QNB640495 RESPONSE DATE: September 1, 2021 CONTACT POINT: Harry Brubaker, Contract Specialist; 301-975-8330 (T) Randy Schroyer, Contracting Officer; 301-975-6314 (T) 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 ITEMS-AS SUPPLEMENTED WITH ADDITIONAL INFORMATION INCLUDED IN THIS NOTICE. FAR PART 13 SIMPLIFIED ACQUISITION PROCEDURES 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) 2021-07 published 11 Aug 2021. The associated North American Industrial Classification System (NAICS) code for this procurement is 334516 with a small business size standard of 1,000 employees. This acquisition is unrestricted. This is a brand name only requirement. Quoters must provide the brand name items identified within the Requirements Document. All part numbers listed herein are associated with the RADIAN ASAP mass spectrometer with LiveID software. BRAND NAME JUSTIFICATION: The described instrument must include software that allows for the statistical and/or chemometric analysis of data in real-time for users with no education in statistics or chemometrics. At this time, there is only one software that integrates these tools with the described instrument: LiveID, which is only available with the RADIAN ASAP mass spectrometer. The National Institute of Standards and Technology (NIST) intends to issue a Firm Fixed Priced (FFP) purchase order to acquire one (1) Waters RADIAN ASAP mass spectrometer with LiveID software (Direct Sampling Probe with Quadrupole Mass Spectrometer) IAW the Requirements Document incorporated in this Solicitation. All equipment must be new. Used or remanufactured equipment will not be considered for award. Responsible quoters shall provide a FFP quotation which includes all of the following line items: LINE ITEM 0001 QTY: 1 EACH -176850056 RADIAN™ System With the following configuration: QTY: 1 EACH -176004667 RADIAN™ ASAP Performance QTY: 1 KIT -186009730 RADIAN ASAP Chemical Kit QTY: 1 EACH -176004665 MassLynx P330 Workstation with TL QTY: 1 EACH -668000419 Monitor, 27" QTY: 1 EACH -176003966 liveID First User License QTY: 1 KIT-667005757 Kit, IonLynx V4.2 QTY: 1 PACK -700005025 Glass Capillary 1.9 x 100mm (100PK) QTY: 1 EACH -741000519 RADIAN ASAP Installation Certificate QTY: 1 EACH -750000487 Professional Srv Training – 2 Days QTY: 1 KIT -720002242EN Implementation Kit OPTION LINE ITEM 0002 QTY 1 740006493 TAW + QTY 1 740002549 MassLynx S/W: Full Service and Maintenance Plan for Year 2 including Software updates; to be invoiced quarterly, in arrears. OPTION ITEM 0003 QTY 1 740006486 TAP + QTY 1 740002548 MassLynx S/W: Full Service and Maintenance Plan for Year 3 including Software updates; to be invoiced quarterly, in arrears. REQUIREMENTS DOCUMENT RADIAN ASAP Direct Sampling Probe with Quadrupole Mass Spectrometer BACKGROUND Per- and polyfluoroalkyl substances (PFAS) are a class of chemicals that are often used for consumer products due to their hydrophobicity, oleophobicity, and thermal stability. Toxicological studies have shown PFAS to be harmful to human health. Due to the broad application of these compounds in materials, PFAS have been observed in the environment and in blood samples of humans. Specifically, firefighters have a disproportionately high level of PFAS in their blood, suggesting that they have a greater exposure to these compounds through their occupation. As part of the National Defense Authorization Act of Fiscal Year 2021, the Guaranteeing Equipment Safety for Firefighters Act of 2020 has tasked the Fire Research Division and Chemical Sciences Division at NIST with the identification and quantification of PFAS on firefighting gear to determine if the equipment is a significant source of PFAS exposure. PURPOSE AND SCOPE OF WORK The conventional approach to PFAS measurements in materials is through rigorous extraction using harsh solvents and, often, additional sample clean-up steps. The goal of this procurement is to acquire an instrument that is capable of the high-throughput analysis of materials for PFAS either through the direct analysis of the material, or through a minimal-effort sampling technique (i.e., alcohol swab wipe). This tool will provide a method to quickly screen materials for potential PFAS contamination, which will improve the PFAS measurement workflow by prioritizing materials of interest. The proposed tool shall include statistical and chemometric software for the identification of chemical compounds and classification of samples and require the user to have no formal education in statistics or chemometrics. SPECIFICATIONS LINE ITEM 0001: The Contractor shall provide one (1) Direct Sampling Probe with Quadrupole Mass Spectrometer that meets the following minimum technical requirements: The Direct Sampling Probe with Quadrupole Mass Spectrometer shall be a standalone spectrometer system sampling probe, sample desorption and ionization source, mass analyzer and detector. Direct Sampling Probe The sample introduction inlet shall allow for the direct sampling of a material or solution by a disposable sampling tube, which shall have similar properties and dimensions to product G119/32 from S. Murray & Co (https://www.smurray.co.uk/), followed by introduction of the probe into the instrument ion source for sample desorption, ionization and mass spectral analysis. The temperature of the probe shall be controllable through the instrument software and allow for programmed thermal desorption temperature profiles with a maximum temperature of 600 °C. Quadrupole Mass Spectrometer The instrument shall include a quadrupole mass analyzer with photomultiplier detector. The mass range of the mass analyzer shall be at least m/z 30 – 1250, with the capability to perform full scan and single ion monitoring detection modes. In single ion monitoring mode, the acquisition rate shall be up to 100 Hz. The instrument accuracy shall be at least ±0.2 Da when calibrated. Instrument Control and Data Analysis Software A computer and software for the instrument control and data analysis shall be provided. The instrument shall be controlled by software, including data collection, automatic calibration and verification, and instrument diagnostics and maintenance controls. Instrument software shall be provided with the instrument and be compatible with a Windows 10 operating system. Data analysis tools shall be integrated with the instrumental control software and allow for the multivariate classification of samples based on a statistical model generated by the software and reference materials. The software shall be able to generate and search a mass spectral library for the identification and/or characterization of specific compounds or materials of interest, such as per- and polyfluoroalkyl substances and polyfluorinated polymers. Laboratory Infrastructure Requirements In order to provide the high-throughput analysis in laboratory settings that does not have standard mass spectrometer laboratory infrastructure (e.g., high voltage power source, significant space requirements, and non-standard gas lines), the instrument shall have the following installation requirements: All electronic components shall have 110 V/15 A maximum power requirements The system shall be operable with nitrogen as the only source gas. The system, including direct sampling probe, mass spectrometer and computer, shall fit on top of a laboratory bench without modifications (34 inches in the largest dimension). OPTION LINE ITEM 0002 Full Service and Maintenance Plan for Year 2 including Software updates; to be invoiced quarterly, in arrears. OPTION LINE ITEM 0003 Full Service and Maintenance Plan for Year 3 including Software updates; to be invoiced quarterly, in arrears. Installation The Contractor shall install the instrument in Building 227, Room B159 at NIST Gaithersburg, MD. Installation shall include, at a minimum, uncrating/unpacking of all equipment, set-up and hook-up of all equipment, start-up, demonstration of specifications, and removal of all trash. Instrument shall operate to manufacturer’s specifications upon installation. Installation will take place during normal business hours, between 8:30 am and 5:00 pm Eastern Time, Monday through Friday except Federal Holidays, and will be coordinated with the NIST Technical Point of Contact (TPOC). Installation shall occur within 90 days from date of award. Warranty The Contractor shall provide, at a minimum, a one-year warranty for the equipment. The warranty shall cover all parts, labor and travel. The warranty shall commence upon successful completion of delivery, installation, training and demonstration of all required specifications. Option for Maintenance/Repair Service Agreement If the Government exercises the options for a one-year service agreement, the Contractor shall provide 24/7 telephone support, labor, all parts, shipping and travel related expenses throughout the option period of performance. The instrument must operate to manufacturers specifications upon completion of any maintenance/repair service incident. For any services performed, the Contractor shall provide the NIST Technical Point of contact (TPOC) with a service ticket that contains the following information: Service Report: The Contractor shall submit a service report to the NIST TPOC prior to departure from NIST on any given service call for maintenance/repairs. The service report shall include the following: - Model number. - Serial number. - Date and time of arrival to NIST. - Description of service performed. - Name and quantity of any parts that were repaired. - Name and quantity of any parts that were replaced. - Date and time of departure from NIST. - Diagnostic test results or narrative summary demonstrating that the instrument is meeting the performance standards. - Any additional comments or recommendations. - Printed name and signature of service technician. Signature block for NIST personnel accepting the services rendered. Training The Contractor shall provide a 2-day training session at NIST for at least 2 NIST personnel covering normal operation, troubleshooting, and routine maintenance. Training shall be provided during normal business hours, between 8:30am and 5:00pm Eastern Time, Monday through Friday, except Federal Holidays, and will be coordinated with the NIST TPOC to ensure maximum availability of NIST personnel. Training shall occur within 10 days of installation. The training may be completed on-site at NIST immediately after installation and demonstration of specifications. Training shall include operation and maintenance of instruments and operation of above-specified software packages. DELIVERABLES Delivery shall be FOB DESTINATION and shall occur within 90 days from date of award. However, due to current access restrictions, delivery shall be scheduled by the Contractor with the designated TPoC and Contracting Officer (CO). Prior to shipment, the Contractor must ensure NISTs campus is open and accepting deliveries. If campus access restrictions impact the delivery schedule, a modification may be executed by the CO to establish an extended delivery timeframe. Delivery shall be to: National Institute of Standards and Technology Building 301 Shipping and Receiving 100 Bureau Dr. Gaithersburg MD, 20899 Description Quantity Due Date Delivery and installation of the system One (1) NLT 90 days after award Operations and maintenance manual for the system One (1) NLT 90 days after award Training of up to 2 NIST Staff at NIST Once NLT 10 days after installation Installation Once NLT 90 days after award INSPECTION, TESTING AND ACCEPTANCE Final acceptance by the Government shall be granted after confirmation that the instrument meets all minimum salient characteristics defined herein, including successful installation and completion of training. The warranty shall not commence until final acceptance has been granted by the Government. The NIST TPoC will inspect and test the instrument to determine compliance with the technical specifications in accordance with FAR 52.212-4(a). CONTRACTOR MINIMUM QUALIFICATIONS The Contractor shall dispatch field service engineers (FSE’s) or technicians that are fluent in the operation of the instrument throughout the period(s) of performance. Contractor’s personnel shall have at least two (2) years of experience on the instrument or third-party accessories for which the service is being rendered. Due to timelines associated with clearance of non-US citizens, personnel performing repairs must be US citizens. GENERAL INFORMATION Safety: The Contractor employee shall be responsible for knowing and complying with commercial 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 to be shown to the armed Security Police when entering the campus. Identification Badges: The Contractor shall comply with NIST identification and access requirements. The Contractor shall provide the name and citizenship information of employees for on-site visits to the NIST Technical Point of Contact (TPOC) prior to arrival. The TPOC will submit the name(s) and citizenship information to the NIST Office of Security in order for a given Contractor employee to enter the NIST campus. The Contractor employee is responsible for absences due to missing or expired identification and access documents. Each Contractor employee shall wear a visible identification badge provided by the NIST Security Office. NIST VISITOR AND CONTRACTOR PROTOCOLS FOR MITIGATING COVID-19 EXPOSURE The Contractor shall review and adhere to the directive: NIST Visitor and Contractor Protocols for Mitigating COVID-19 Exposure on NIST Campuses. Any individual coming onto campus must conduct a personal health screening by reviewing the COVID-19 Screening Questionnaire. This self-screening must be performed every day an individual wants to access a NIST campus. Anyone answering “Yes” to any question should immediately contact their sponsor and not attempt to access the campus. Starting on Monday, September 6, any individual coming onto campus must also complete a Certification of Vaccination Form. You may be asked to show this form upon entry to a federal building or federally controlled indoor worksites, and/or to a federal employee who is supervising or managing your work on federal premises. Please maintain this form during your time on federal premises. NIST is not collecting this data by any means (hard copy or electronic). By entering campus on a given day, you are indicating that you have complied with this requirement for that day. The directive and questionnaire are available to view at: https://www.nist.gov/about-nist/visit/nist-visitor-and-contractor-protocols-mitigating-covid-19-exposure-nist-campuses The directive and questionnaire are subject to change and should be monitored by the Contractor via the following NIST website: https://www.nist.gov ADDENDUM TO FAR 52.212-1 QUOTATION PREPARATION INSTRUCTIONS All offerors 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 offeror, 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 font. Each page in the quotation shall be separately numbered. The quotation shall be limited to twelve (12) single-sided pages (excluding the letter of transmittal, cover letter, and product literature). Overall Arrangement of Documents VOLUME I: TECHNICAL NIST will evaluate quotations, based on the information submitted in support of the following factor: Technical Capability The offeror shall submit a technical description or product literature which clearly identifies the manufacturer for the Direct Sampling Probe with Mass Quadrupole Mass Spectrometer system it is proposing, and clearly identifies each system requirement listed in the Requirements Document. The offeror must demonstrate that its proposed components meet or exceed each minimum system requirement described herein by providing a citation to the relevant section of its technical description or product literature. The Contractor shall not simply state they will meet the requirement; evidence must be provided. If an offeror does not indicate how its proposed componentry meets a certain minimum system requirement, NIST will determine that it does not. If applicable, evidence that the offeror is authorized by the original provider to provide the item(s) in the quotation should be included. VOLUME II: BUSINESS/PRICING The Offeror shall submit one copy of the completed price schedule. If the quotation is submitted electronically, additional copies are not required. The price quotation shall be separate from any other portion of the quotation. The Offeror shall propose a firm fixed price, FOB Destination, for Line Items 0001-0003 that includes a one-year warranty. The Offeror is encouraged to discount its rates. If price discounts are offered, identify the percentage of price discount and/or price reduction offered. The Volume II Business Pricing Quotation shall include: a) the offeror’s Dun and Bradstreet Number (DUNS) To be eligible for evaluation, 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, 52.209-11, 52.222-22, 52.222-25, 52.223-22, 52,225-4, and 52.225-18 (included elsewhere in this solicitation) c) Page(s) from Contractor’s established Commercial Pricelist associated with the Direct Sampling Probe with Quadrupole Mass Spectrometer system being quoted d) The place of manufacture (origin) of the Direct Sampling Probe with Quadrupole Mass Spectrometer system being quoted 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 organization 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 offeror whose quotation is deemed technically acceptable and is the lowest price. 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 offerors. Therefore, the offeror's initial quotation should contain the offeror'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. The Government will evaluate quotations based on the following criteria: a) technical capability; and 2) price Technical Capability No prototypes, demonstration models, used or refurbished instrumentation will be considered. Evaluation of technical capability will be based on the information provided in the technical quotation. NIST will evaluate whether the offeror has demonstrated that its proposed system meets or exceeds all minimum salient characteristics. Quotations that do not demonstrate the proposed system meets all minimum salient characteristics will not be considered further for award. Price The Government will evaluate the Offeror’s proposed pricing for reasonableness. Price will not be evaluated for quotations that are determined technically unacceptable under the Technical Capability evaluation factor. ***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: 52.204-7 System for Award Management (OCT 2018); 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020); 52.211-6 Brand Name or Equal. (AUG 1999) 52.217-5 Evaluation of Options. (JULY 1990) 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. (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) 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations – Representation (NOV 2015); Prohibition on Contracting with Inverted Domestic Corporations-Representation (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) 52.209-11 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 Quoters – Commercial Items (JUN 2020); 52.212-2 Evaluation—Commercial Items (OCT 2014); 52.212-3 Quoters Representations and Certifications- Commercial I...