Inactive Total Small Business Set-Aside (FAR 19.5)

I. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulations (FAR) Subpart 12.6, as supplemented with additional informati... I. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulations (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. II. Solicitation number N00173-21-R-TL12-is issued as a request for proposal (RFP) under FAR Subpart 13.5. All changes to this solicitation that occur prior to the closing date will be issued, via amendment posted to the announcement on Contract Opportunities (www.sam.gov). It is the responsibility of interested vendors to monitor the announcement for amendments that may be issued to this solicitation. For changes made after the closing date, only those vendors that provide a quote will be provided any changes/amendments and considered for future discussions and/or award. III. Solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2021-06 Effective 07-12-2021, DPN 20210709, and NMCARS 2018 Edition, Current to 18-18 (Effective: 25 June 2021). IV. The North American Industry Classification Systems Code (NAICS) for this solicitation is 333242 and the associated small business size is 1,000 employees. The associated Federal Supply Code (FSC)/Product Service Code (PSC) is 6640. V. A list of the anticipated line item number(s) to be procured is provided below: CLIN 0001 – Quantity of one Each of Atomic Layer Deposition (ALD) Reactor, meeting all technical, physical, functional and performance requirements specified in the attachment(s). NOTE: Include estimated delivery, either as a date or as days after receipt of order (ARO) CLIN 0002 -- Quantity of one Each of Load Lock Transfer System meeting all technical, physical, functional and performance requirements specified in the attachment(s). NOTE: Include estimated delivery, either as a date or as days after receipt of order (ARO) CLIN 0003 — Quantity of one Each of Integrated in-situ, deep-UV to near IR Ellipsometer, meeting all technical, physical, functional and performance requirements specified in the attachment(s). NOTE: Include estimated delivery, either as a date or as days after receipt of order (ARO) CLIN 0004 — Quantity of one Each of Operational Control System, meeting all technical, physical, functional and performance requirements specified in the attachment(s). NOTE: Include estimated delivery, either as a date or as days after receipt of order (ARO) CLIN 0005 — Quantity of one Each of Safety System, meeting all technical, physical, functional and performance requirements specified in the attachment(s). NOTE: Include estimated delivery, either as a date or as days after receipt of order (ARO) CLIN 0006 — Quantity of Lot of Installation and System Start-up meeting all technical, physical, functional and performance requirements specified in the attachment(s). NOTE: Include estimated delivery, either as a date or as days after receipt of order (ARO) CLIN 0007 — Quantity of one Lot of Training, meeting requirements specified in the attachment(s). NOTE: Include estimated delivery, either as a date or as days after receipt of order (ARO) CLIN 0008 — Quantity of Lot Warranty meeting all requirements specified in the attachment(s). NOTE: Include estimated delivery, either as a date or as days after receipt of order (ARO) CLIN 0009 — DOCUMENTATION CLIN 0009AA— Upon delivery, the Contractor shall provide at least two complete document sets (one printed and one electronic) written in the English language containing, operating manual, service manual, sub-suppliers manuals of the various subsystems components, list of components, flowcharts, wiring diagrams, list of interlocks, factory settings, safety system overview, details on obtaining on-line or telephone assistance, and a spare parts list. (quantity of minimum of 2 each) CLIN 0009AB— The Contractor shall supply a set of parameters and processes that will run on the dedicated software program for performing the deposition of aluminum oxide (Al2O3), hafnium oxide (HfO2), zinc oxide (ZnO), titanium dioxide (TiO2), titanium nitride (TiN), and aluminum nitride (AlN) thin films (quantity of 1 lot) CLIN 0009AC— The Contractor shall provide factory testing and compliance results from the actual system to be installed at NRL and a Certificate of Compliance guaranteeing that all the requirements of this specification have been met. (quantity of 1 lot) In accordance with FAR 52.204-22, alternative line items structures that best reflect the Offeror’s practices and proposed items may be submitted. VI. The Naval Research Laboratory (NRL) has a requirement for the delivery, installation and training of a commercially available Atomic Layer Deposition (ALD) reactor with multiple precursor delivery ports, integrated in-situ Ellipsometer, and single wafer transfer system; as described in the Specifications Attachment, of this announcement. Complete physical, functional, performance requirements are provided in the attachment of this solicitation. VII. Date(s) and place(s) of delivery and acceptance and FOB point. Required Delivery Dates: Equipment delivery shall be no later than 100 days from the date of award. Installation shall occur no later than 15 days after delivery of all equipment. Training shall occur no later than 30 days after installation of all equipment. Documentation for CLIN 0009AA shall be delivered at time of delivery of equipment. Documentation for CLINs 0009AB and 0009AC shall be delivered no lather than seven (7) days before equipment delivery Delivery Location: Receiving Officer Contract Number: TBD ATTN: TBD, Code: TBD Naval Research Laboratory 45555 Overlook Ave., SW, Washington, DC 20375 Inspection / Acceptance: Inspection acceptance will be in accordance with FAR 52.212-4 unless the Contracting Officer determines other acceptance procedures to be more appropriate for the acquisition of this complex commercial item. FOB Point: DESTINATION, Free of expense to the Government, in accordance with FAR 52.247-34. VIII FAR 52.212-1, INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUL 2021) and addenda and tailoring apply to this acquisition FAR 52.212-1 has been tailored to include the following additional instructions: m) Submission: Proposals shall be submitted electronically, via email, to the Point(s) of Contact listed in this solicitation, by the Date Offers are Due identified in the General Information Section of this solicitation. Facsimile proposals are NOT authorized. A confirmation receipt will be provided, but it is the sole responsibility of the Offeror to ensure that its response is received in its entirety and in a timely manner. n) Proposal Requirements: Offeror shall submit documentation that confirms the proposed item(s) meet or exceeds all physical, functional, performance, and delivery schedule requirements and any other terms and conditions specified in this solicitation and its attachment(s). The proposal shall also include: i. Company Information, to include Company Name, Address, DUNS Number and Cage Code, and company Point of contact, phone number, email address and web page URL. ii. Letter of Authorization – If providing the products/items of another manufacturer as an Authorized Reseller/Partner, the Offeror shall include some form of documentation from the manufacturer illustrating that the Offeror is an Authorized Reseller/Partner. iii. Description of standard commercial warranty and any extended warranty offered. iv. Contractor shall provide a summary of their standard commercial software license, in its technical proposal. The full software license shall be added as an attachment to the technical proposal. v. The contractor shall provide a detailed explanation of (a) how the use of foreign parts will be prevented or minimized, (b) how the impact of any employed foreign parts will be mitigated, and (c) what steps will be taken to protect the system from tampering between system manufacturing and system installation. vi. Offeror shall include a cross reference chart to show whether the proposed solution meets each of the specifications. The chart shall also reference page and section of the technical proposal. vii. Offeror shall include warranty and preventative maintenance in the technical proposal, for ease of evaluation, and not as a separate document. vii. Offeror shall include the facility work requirement sheet in the technical proposal. The facility work requirement sheet shall also include NRL site preparation requirements. ix. Offeror shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications – Commercial Items, with its offer. x. To facilitate the award process, all quotes must include a statement regarding the terms and conditions 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 (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:" Offeror shall list exception(s) and rationale for the exception(s). xi. The Offeror shall agree to hold the prices in its offer firm for thirty (30) calendar days from the date specified for receipt of offers. o) This procurement is for new equipment ONLY. No remanufactured or "gray market" items are acceptable. All equipment must be covered by the manufacturer's warranty. p) Vendor shall be an Original Equipment Manufacturer (OEM) authorized dealer, authorized distributor, or authorized reseller or partner for the proposed equipment/system, such that OEM warranty and service are provided and maintained by the OEM. All software licensing, warranty, and service associated with the equipment/system shall be in accordance with the OEM terms and conditions. q) ELECTRONIC AND INFORMATION TECHNOLOGY (EIT)- In accordance with Section 508 of the Rehabilitation Act of 1973 (29 USC 794d), all EIT supplies and services provided under this contract must comply with the applicable accessibility standards issued by the Architectural and Transportation Barriers Compliance Board at 36 CFR part 1194 (see FAR Subpart 39.2). Electronic and information technology (EIT) is defined at FAR 2.101. r) Any inquiry regarding this solicitation shall be submitted to the Contract Specialist, TaLisa Boyd, in writing, via e-mail at TaLisa.Boyd@nrl.navy.mil, no later than three (3) business days after the release date of this solicitation. s) The NRL will not authorize, allow, or entertain requests for progress payments, installment payments, or advance payments. All payments will be in accordance with FAR 52.212-4(i) Payment.- (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. t) Requirements For On-Site Contractors For those portions of the work under this contract performed at any NRL site, the contractor shall comply with the Requirements for On-Site Contractors which are hereby attached in this solicitation in Attachment 2 – Requirements for On-Site Contractors. Pursuant to DFARS 211.106 contractor employees shall identify themselves as contractor personnel by introducing themselves or being introduced as contractor personnel and displaying distinguishing badges or other visible identification for meetings with Government personnel. In addition, contractor personnel shall appropriately identify themselves as contractor employees in telephone conversations and in formal and informal written correspondence. IX. FAR 52.212-2 EVALUATION - COMMERCIAL ITEMS (OCT 2014) is applicable to this acquisition. (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government. Factors other than price shall be considered and a Price/Technical Tradeoff analysis of both price and non-price factors will be conducted, in evaluating each proposal submitted. Trade-off considerations may result in the determination that it is in the best interest of the Government to award to other than the lowest priced Offeror or other than the highest technically rated Offeror. The following factors shall be used to evaluate offers: Technical Capability / Acceptability: The Government will evaluate proposals based on how well the proposed product and components meet the requirement of the Specifications Attachment. For the purpose of evaluation, Technical Acceptability is defined as meeting all physical, functional, performance, and/or delivery schedule requirements, and any other terms and conditions specified in the solicitation and its attachment(s). General statements, that the offeror can or will comply with the requirements, that standard procedures will be used, that well known techniques will be used, or that paraphrases the RFP's specifications in whole or in part, will not constitute compliance with the mandatory requirements concerning the content of the technical proposal. The following table of technical requirements define specific value to the Government. Each requirement will be assessed an adjectival rating of Superior, Acceptable or Unacceptable, based on whether the information submitted both meets and exceeds specifications, meets specifications, or does not meet specifications. Rating Abbreviation Definition Superior=S The proposal contains no deficiencies or weaknesses. Based on information provided, the offeror demonstrates an understanding of the specifications required and MEETS all specifications AND EXCEEDS some specifications. Acceptable=A The proposal contains no deficiencies or weaknesses. Based on information provided, the offeror demonstrates an understanding of the specifications required and MEETS all specifications.. Unacceptable =U The proposal contains deficiencies, weaknesses, or omissions. Proposal fails to provide a reasonable, logical approach to fulfilling the government's requirements. Based on information provideded, the proposal DOES NOT MEET all specifications. 2. Past Performance IAW DFARS 252.213-7000, the contracting officer shall consider data available in the statistical reporting module of the Supplier Performance Risk System (SPRS) regarding the supplier’s past performance history for the PSC and/or NAICS of the supplies being purchased. Ratings: Acceptable: SPRS Supplier Risk Score of Blue, Purple, or Green, indicating a higher score in SPRS and are therefore, considered to have a lower risk of poor contract performance Not Acceptable: SPRS Supplier Risk Score of Yellow or Red, indicating a lower score in SPRS and are therefore, considered to have a higher risk of poor contract performance Neutral: In the case of a supplier without a record of relevant past performance history in SPRS for the NAICS or PSC of the supplies being purchased, the supplier may not be evaluated favorably or unfavorably for its past performance history. 3. Price Reasonableness: The Government anticipates making a determination of fair and reasonable price based on competitive quotes. If only one response is received, the Government may use other methods as described at 13.106-3(a)(2). (b) Based on the factors above, non-price factors are more important than price reasonableness. (c) The Government reserves the right to award with limited exchanges to clarify certain aspects of quotes; however, the Government anticipates making award without discussions. X. FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS (FEB 2021) AND ALTERNATE I (OCT 2014) apply to this acquisition. Offerors shall have and maintain active annual Representations and Certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov . The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision. If paragraph (j*) of the provision applies, a written submission is required: (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) Outside the United States. XI. FAR 52.212-4, CONTRACTS TERMS AND CONDITIONS -- COMMERCIAL ITEMS -- (OCT 2018) applies to this acquisition. ADDITIONAL FAR and DFARS PROVISIONS, INCORPORATED BY REFERENCE, THAT APPLY TO THIS SOLICITATION: FAR 52.252-1 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 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 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/browse/index/far Defense Federal Acquisition Regulation Supplement (DFARS) and Procedures, Guidance, and Information (PGI): https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ Department of the Navy Acquisition Regulations (NMCARS): https://www.secnav.navy.mil/rda/Pages/NMCARS.aspx FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018) FAR 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020) FAR 52.225-18 PLACE OF MANUFACTURE (AUG 2018) FAR 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN—REPRESENTATION AND CERTIFICATIONS (JUN 2020) DFARS 252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS. (NOV 2011) DFARS 252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS (OCT 2016) DFARS 252.204-7016 COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES—REPRESENTATION (DEC 2019) DFARS 252.204-7017 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICS – REPRESENTATION (MAY 2021) DFARS 252.213-7000, NOTICE TO PROSPECTIVE SUPPLIERS ON USE OF SUPPLIER PERFORMANCE RISK SYSTEM IN PAST PERFORMANCE EVALUATIONS (SEP 2019) DFARS 252.215-7007 NOTICE OF INTENT TO RESOLICIT (JUN 2012) DFARS 252.215-7010 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST OR PRICING DATA—BASIC (JUL 2019) DFARS 252.225-7974 REPRESENTATION REGARDING BUSINESS OPERATIONS WITH THE MADURO REGIME. (DEVIATION 2020-O0005) FEB 2020 DFARS 252.239-7017 NOTICE OF SUPPLY CHAIN RISK (FEB 2019) DFARS 252.246-7008 SOURCES OF ELECTRONIC PARTS (MAY 2018) ADDITIONAL FAR and DFARS PROVISIONS, INCORPORATED BY FULL TEXT, THAT APPLY TO THIS SOLICITATION: FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "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" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3. (a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to— (i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to— (i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (c) 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". (d) Representation. The Offeror represents that— (1) It ? will, ? 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. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and (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 use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section. (e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer: (i) For covered equipment— (A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known); (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (ii) For covered services— (A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer: (i) For covered equipment— (A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known); (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. (ii) For covered services— (A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. (End of provision) FAR 52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008) Any contract awarded as a result of this solicitation will be ? DX rated order; DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR700), and the Contractor will be required to follow all of the requirements of this regulation. (End of provision) FAR 52.233-2 SERVICE OF PROTEST (SEP 2006) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from the Control Desk, Code 3200, Bldg. 222, Rm. 115, Naval Research Laboratory, 4555 Overlook Ave., S.W., Washington DC 20375 5326. (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of Provision) DFARS 252.215-7008 ONLY ONE OFFER (JUL 2019) (a) Cost or pricing data requirements. After initial submission of offers, if the Contracting Officer notifies the Offeror that only one offer was received, the Offeror agrees to— (1) Submit any additional cost or pricing data that is required in order to determine whether the price is fair and reasonable or to comply with the statutory requirement for certified cost or pricing data (10 U.S.C. 2306a and FAR 15.403-3); and (2) Except as provided in paragraph (b) of this provision, if the acquisition exceeds the certified cost or pricing data threshold and an exception to the requirement for certified cost or pricing data at FAR 15.403-1(b)(2) through (5) does not apply, certify all cost or pricing data in accordance with paragraph (c) of DFARS provision 252.215-7010, Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data, of this solicitation. (b) Canadian Commercial Corporation. If the Offeror is the Canadian Commercial Corporation, certified cost or pricing data are not required. If the Contracting Officer notifies the Canadian Commercial Corporation that additional data other than certified cost or pricing data are required in accordance with DFARS 225.870-4(c), the Canadian Commercial Corporation shall obtain and provide the following: (1) Profit rate or fee (as applicable). (2) Analysis provided by Public Works and Government Services Canada to the Canadian Commercial Corporation to determine a fair and reasonable price (comparable to the analysis required at FAR 15.404-1). (3) Data other than certified cost or pricing data necessary to permit a determination by the U.S. Contracting Officer that the proposed price is fair and reasonable. Data required may include but limited to current catalog pricing information for the system offered and current sale information providing details on the lowest prices recently paid by other customers for the same or similar system. (4) As specified in FAR 15.403-3(a)(4), an offeror who does not comply with a requirement to submit data that the U.S. Contracting Officer has deemed necessary to determine price reasonableness or cost realism is ineligible for award unless the head of the contracting activity determines that it is in the best interest of the Government to make the award to that offeror. (c) Subcontracts. Unless the Offeror is the Canadian Commercial Corporation, the Offeror shall insert the substance of this provision, including this paragraph (c), in all subcontracts exceeding the simplified acquisition threshold defined in FAR part 2. (End of Provision) DFARS 252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (JUN 2019) (a) The Offeror shall indicate by checking the appropriate blank in paragraph (b) of this provision whether transportation of supplies by sea is anticipated under the resultant contract. The term "supplies" is defined in the Transportation of Supplies by Sea clause of this solicitation. (b) Representation. The Offeror represents that it- Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation. Does not anticipate that supplies will be transported by sea in the performance of any contract ...