FormSF1449.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

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 4340 Treated Steel- NTE 100K per the attached

Specifications.

PR NUMBER: NB647020-19-01070

DELIVERY DATE: 04/15/2021

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

325 BROADWAY

BOULDER CO 80305-3328

FOB : Destination

1.00 LS

0002 9310 Treated Steel-NTE 100K per the attached

Specifications.

PR NUMBER: NB647020-19-01070

DELIVERY DATE: 04/15/2021

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

325 BROADWAY

BOULDER CO 80305-3328

FOB : Destination

1.00 LS

PAGE 3 OF 20 1333ND19QNB640129

Table of Contents

Attachment I

Attachment II-Specifications

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018)

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (OCT 2018)

52.232-15 PROGRESS PAYMENTS NOT INCLUDED (APR 1984)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

52.247-34 F.O.B. DESTINATION (NOV 1991)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

1352.201-70 CONTRACTING OFFICER?s AUTHORITY (APR 2010)

1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

1352.213-70 EVALUATION UTILIZING SIMPLIFIED ACQUISITION PROCEDURES (APR 2010)

1352.215-70 PROPOSAL PREPARATION (APR 2010)

52.211-8 TIME OF DELIVERY (JUN 1997)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL

ITEMS (JAN 2019)

52.225-18 PLACE OF MANUFACTURE (AUG 2018)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

1352.201-72 CONTRACTING OFFICER`S REPRESENTATIVE (COR) (APR 2010)

1352.233-70 AGENCY PROTESTS (APR 2010)

1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

1352.270-70 PERIOD OF PERFORMANCE (APR 2010)

NIST LOCAL-39MARKING/PACKING INSTRUCTIONS

NIST LOCAL-53CONTRACT PERFORMANCE DURING CHANGES IN NIST OPERATING STATUS

NIST LOCAL-54ELECTRONIC BILLING INSTRUCTIONS

PAGE 4 OF 20 1333ND19QNB640129

CLAUSES

Attachment I

PAGE 5 OF 20 1333ND19QNB640129

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6- streamlined procedures for evaluation and solicitation for commercial items-as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a separate written solicitation document will not be issued. The solicitation is being issued using Simplified Acquisition Procedures under the Authority of

FAR 13.5.

This combined synopsis/solicitation is being issued as a Request for Quotation (RFQ). All communications and documents must include the solicitation number, 1333ND19QNB640129. The contracting officer will not use, nor shall this solicitation be subject to the formal source selection procedures described in FAR Part 15. The combined synopsis/solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2019-1, dated December 20, 2018.

1352.215-72 INQUIRIES (APR 2010)

Please direct any questions regarding this solicitation to Angela Hitt, Contract Specialist at angela.hitt@nist.gov no later than 1:00 pm Mountain Time, Friday, March 15, 2019. No questions will be accepted after this date.

Telephonic (verbal) questions WILL NOT be addressed. All responses to questions, which may affect offers, will be incorporated into a written amendment to the Request for Quote and will be posted to FedBizOpps.gov.

The associated North American Industrial Classification System (NAICS) code for this procurement is 331110, Iron and Steel Mills and Ferroalloy Manufacturing with a small business size standard of 1,500 employees. This requirement is a total small business set-aside. All interested small businesses are encouraged to submit a quotation.

Please email your quote to me at angela.hitt@nist.gov. This solicitation shall close at 1 p.m. Mountain Time, on Monday, March 25, 2019.

This combined synopsis/solicitation is for the following commercial item for the following line item number(s) (CLINs) to include description of item(s), quantities, and units of issue:

Item Number

Supplies/Services Description Quantity Unit of Issue

Unit Price Amount

0001 4340 American Iron and Steel Institute-Society of Automotive Engineers (AISI- SAE) steel bars. Cost shall include all packaging, shipping, and handling per the attached Statement of Work/Specifications.

*Not to exceed amount of $100,000.0

0002 9310 American Iron and Steel Institute (AISI) steel bars.

Cost shall include all packaging, shipping, and handling per the attached Statement of Work/Specifications.

*Not to exceed amount of $100,000.0

Total Award Value: $ $ *Not to

PAGE 6 OF 20 1333ND19QNB640129

exceed amount of $200,000.0

The National Institute of Standards and Technology’s (NIST), Material Measurement Laboratory, Applied Chemicals & Materials Division (ACMD) requires American Iron and Steel Institute-Society of Automotive Engineers (AISI-SAE) 4340 and (AISI) 9310 steel bars. They will be used to produce high quality Standard Reference Materials SRMs that are precisely machined, and heat treated for use as American Society for Testing and Materials (ASTM) Charpy V-notch reference specimens [ASTM E23, “Standard Test Methods for Notched Bar Impact Testing of Metallic Materials”] per the attached specifications.

SCOPE OF WORK:

The contractor shall deliver a supply of 4340 and 9310 steel supplied that meets all the technical specifications and can be used to successfully produce high quality NIST SRM specimens for verifying Charpy machines according to ASTM E23.

TECHNICAL SPECIFICATIONS:

The Contractor shall provide 4340 American Iron and Steel Institute-Society of Automotive Engineers (AISI-SAE) steel bars and 9310 American Iron and Steel Institute (AISI) as described in the attached Statement of Work/Specifications.

Please submit a firm-fixed price quote for the required 4340 and 9310 steel bars to include shipping.

NIST is setting a maximum of $100,000.00 for each type of steel and needs to purchase the maximum quantity of steel possible.

Delivery:

FOB Destination delivery terms are requested. Delivery shall be completed within two years from the receipt of order (ARO). The Contractor shall delivery items to NIST, 325 Broadway, Boulder, CO, 80305.

The bars shall be packaged in bundles identified with reference to the ingot/billet position from which it was processed, and shipped in lengths of no more than 6 ft. The individual boxes/packages that are shipped shall weigh less than 2000 lb. each (fork lift capacity).

FOB Destination means: The contractor shall pack and mark the shipment in conformance with carrier requirements, delivery the shipment in good order and condition to the point of delivery specified in the purchase order, be responsible for any loss of and/or damage to the goods occurring before receipt and acceptance of the shipment by the consignee at the delivery point specified in the purchase order; and pay all charges to the specified point of delivery. All shipping costs shall be included in the total firm-fixed price.

Inspection and Acceptance:

The contractor shall provide documentation stating how the steel was processed, how the steel was formed, results on chemistry grain size, and relevant mechanical properties. Upon delivery of the steel these will be inspected to determine that the specifications are met (or exceeded). Acceptance will take longer than 7 days.

PAGE 7 OF 20 1333ND19QNB640129

The provision at FAR 52.212-1, Instructions to Offerors—Commercial, applies to this acquisition.

Quoter shall clearly demonstrate their ability to meet the technical requirements and deliverable schedule as outlined in the associated solicitation. Quote shall include shipping costs.

BASIS OF AWARD:

Award shall be made to the Lowest Price Technically Acceptable (LPTA) quote, based upon the technical specifications as detailed within the attached specifications. This will be a firm fixed price purchase order.

TECHNICAL CAPABILITY:

Evaluation of Technical Capability will be based on the information provided in the quotation.

Documentation submitted in the quotation shall be evaluated to determine that the proposed equipment meets or exceeds the Governments minimum required specifications. Failure to clearly and unambiguously demonstrate this will result in an “unacceptable“ technical rating.

PRICE:

Price shall be evaluated for reasonableness.

ADDITIONAL CONTRACT REQUIREMENTS:

1. All quotations shall include the following information:

a. Enough information to demonstrate the offeror can meet or exceed the requirements in the

Specifications.

b. Payment Terms: Net 30

c. The requested delivery is two years after receipt of order (ARO). Please indicate the soonest you can delivery, and provide a schedule for delivery, test, and acceptance per 1352.270-70 and 52.211-8.

d. Delivery point of contact will be provided upon award.

e. Company DUNS No. In order to be eligible for this award, the offeror must have and maintain an active registration at the System for Award Management at www.sam.gov., and have completed Representations and Certifications therein for the specified NAICS code, or submit separate Representations and Certifications if the specified NAICS code is not listed in their SAM registration.

Defense Priorities and Allocations System (DPAS) is NOT applicable.

Attachment II-Specifications

PAGE 8 OF 20 1333ND19QNB640129

4340 steel

Compositional and melting requirements:

1. The Contractor shall provide AISI 4340 steel bars, from a single heat to minimize compositional and microstructural variation. Because steel plants produce steel in different heat sizes (inherent to their facilities), ACMD will allow some flexibility in our contract by bracketing the quantity of the steel to be purchased and setting a maximum of $100,000 for the purchase. NIST will purchase the maximum quantity of steel possible.

2. The steel shall be produced using either a double-vacuum-melting procedure (vacuum-induction-melt vacuum-arc-remelt, VIM-VAR), or arc furnace melting followed by argon-oxygen-decarburization (AOD) refining to produce electrodes which are vacuum arc re-melted (ARC-AOD-VAR).

3. The steel shall meet the compositional requirements of AISI-SAE alloy 4340. Refer to http://www.steelforge.com/alloy-steel-4340/ for compositional information.

4. The steel must also meet the stricter requirements of AMS6414 (see http://standards.sae.org/ams6414/), which describes steel production by a vacuum-melting procedure.

5. ACMD also requires that the phosphorus, sulfur, vanadium, niobium, titanium, and copper contents of the steel to be low. The maximum concentrations (in mass %) allowed for these elements shall be: (1) P = 0.010, (2) S = 0.010, (3) V = 0.030, (4) Nb = 0.005,

(5) Ti = 0.003, and (6) Cu = 0.35.

6. The composition shall be certified using standard analytical procedures (such as optical emission spectroscopy or x-ray fluorescence), and the equipment shall be calibrated by standards traceable to NIST. The composition shall be measured at the top and bottom of the re-melted ingot. These two measurements shall be included in the documentation with the order, meet our compositional requirements, and meet the limits on residuals given in

5. above. Deviations between the two measurements (in mass percent between the top and bottom of VAR ingot) cannot exceed 0.030 for C, Si, and Mo; 0.10 for Mn; 0.030 for Cr; 0.050 for Ni; 0.003 for P; and 0.001 for S.

7. The ingots shall be forged, rolled to billet, conditioned, then hot rolled to bar (if an alternate process has not been mutually agreed upon). The goal of the processing is to have bar from one procurement to have inclusion distributions and sizes that are similar to batches produced from other procurements. With this objective in mind, it is required that the steel be processed in a manner agreed upon prior to the processing of the steel, such as:

a. VAR ingots at 1093 °C (2000 °F) are forged to 12 by 11 inch billets that are rolled to 2 ¼ inch diameter billets.

b. These billets are then solution annealed (1100 °C/2012 °F for 1 hour, minimum)

PAGE 9 OF 20 1333ND19QNB640129

prior to rolling to ½ inch square bar (1093 °C/2000 °F).

c. If the solution treatment is performed as a separate process, controlled cooling

(fans, quenching, etc.) is required down to a temperature of 500 °C (930 °F).

d. If the solution treatment is performed as part of the re-heating cycle prior to rolling, the process shall be described in adequate detail to indicate/estimate holding and cooling times.

8. The bar shall be finished to 0.50-inch square bar (+0.15 inch, -0.00 inch).

a. The corner radius of the finished bars cannot exceed 0.03 inches.

b. The microstructure shall be uniform through the thickness, with a maximum acceptable grain size of ASTM number 7.

c. In other attributes (decarburization, segregation, surface condition, etc.), the steel must be suitable for use as 10 mm square Charpy V-notch specimens.

9. The 0.50-inch bar shall be fully annealed to a hardness of RB-95 max.

a. The bar shall be annealed at 850 °C (1550 °F) for 1 hour, furnace cooled at

10 °C/hr (50 °F/hr) to 315 °C (600 °F), then air cooled to room temperature.

b. It is critical to produce a uniform hardness bar (no hard spots), because hard spots result in significant machining issues.

c. ACMD will accept alternate heat-treating schedules by mutual agreement.

The bars shall be machine straightened (for twist and bow), and shipped in lengths of no more than 6 feet.

9310 steel

Compositional and melting requirements

All AISI 9310 (AMS 6265) bars shall come from a single heat, to minimize compositional and microstructural variations. The steel shall be produced from a single master heat using electric arc furnace melting procedures, followed by argon-oxygen decarburization refining (AOD) and then vacuum arc remelting (VAR). The quantity of the steel to be purchased is not to exceed the maximum of $100,000 for the purchase. NIST will purchase the maximum quantity of steel possible.

The steel shall meet the compositional requirements of AMS 6265M (see Table below), with the following exceptions. The phosphorus, sulfur, and copper shall have the following maximum limits: P ≤ 0.010, S ≤ 0.010, Cu ≤ 0.20, V ≤ 0.030, Nb ≤ 0.005, and Ti ≤ 0.003 (all in mass %).

No limitations on V, Nb, and Ti are not included in AMS 6265M. These three elements shall be analyzed by an independent laboratory designated by NIST. NIST will have the option to accept or reject the material based on any deviation from the above-mentioned specifications for V, Nb, and Ti.

PAGE 10 OF 20 1333ND19QNB640129

Chemical composition, mass % Min Max

C 0.07 0.13 Si 0.15 0.35

Mn 0.40 0.70 P 0.010 S 0.010 Cr 1.00 1.40 Mo 0.08 0.15 Ni 3.00 3.50 B 0.001 Cu 0.20 Nb 0.005 Ti 0.003 V 0.030

The composition shall be certified using standard analytical procedures, such as optical emission spectroscopy or x-ray florescence, and the equipment is to be calibrated by standards traceable to

NIST.

Processing requirements

The VAR ingots shall be forged, rolled to billet, conditioned, then hot rolled to bar (if an alternate process has not been mutually proposed.) The bar shall be finished to 0.50" square bar (+0.15", -0.00") and straightened. The corner radius of the finished bars cannot exceed 0.03". The microstructure shall be uniform through the thickness, with a maximum grain size of ASTM number 7. In other attributes (decarburization, segregation, surface condition, etc.), the steel must be suitable for use as 10 mm square Charpy V-notch

PAGE 11 OF 20 1333ND19QNB640129

specimens.

The 0.50" bar shall be annealed to a maximum hardness of RB-95. The goal here is to produce bars with a minimum of large carbides in the structure, the most uniform carbide precipitation possible, and a uniform hardness.

The bars shall be machine straightened (for twist and bow), and shipped in lengths of no more than 6 feet.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018)

(Reference 52.212-3)

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (OCT 2018)

(Reference 52.212-4)

52.232-15 PROGRESS PAYMENTS NOT INCLUDED (APR 1984)

(Reference 52.232-15)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) (Reference 52.232-40)

52.247-34 F.O.B. DESTINATION (NOV 1991)

(Reference 52.247-34)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

(Reference 52.252-2)

1352.201-70 CONTRACTING OFFICER?s AUTHORITY (APR 2010) (Reference 1352.201-70)

1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

(Reference 1352.209-73)

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

(Reference 1352.209-74)

SEE TECHNICAL CAPABILITY, PRICE AND ADDITIONAL CONTRACT REQUIREMENTS FOR DETAILS.

1352.213-70 EVALUATION UTILIZING SIMPLIFIED ACQUISITION PROCEDURES (APR 2010)

(Reference 1352.213-70)

1352.215-70 PROPOSAL PREPARATION (APR 2010)

(Reference 1352.215-70)

52.211-8 TIME OF DELIVERY (JUN 1997)

(a) The Government requires delivery to be made according to the following schedule:

Required Delivery Schedule

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

| Offeror`s Proposed Delivery Schedule | | Item No. | Quantity | Within Days After Date of Contract |

PAGE 12 OF 20 1333ND19QNB640129

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails.

However, the Government will evaluate an offer that proposes delivery based on the Contractor`s date of receipt of the contract or notice of award by adding

(1) five calendar days for delivery of the award through the ordinary mails, or

(2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically.

(The term "working day" excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

(End of Clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL

ITEMS (JAN 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(4) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

x (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 4704 and 10 U.S.C. 2402).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

x (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) [Reserved]

(6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

(8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

(10) [Reserved] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.

657a).

(ii) Alternate I (Nov 2011) of 52.219-3.

PAGE 13 OF 20 1333ND19QNB640129

(12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(ii) Alternate I (Jan 2011) of 52.219-4.

(13) [Reserved] x (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

(ii) Alternate I (Nov 2011) of 52.219-6.

(iii) Alternate II (Nov 2011) of 52.219-6.

(15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (Jun 2003) (15 U.S.C. 644).

(ii) Alternate I (Oct 1995) of 52.219-7.

(iii) Alternate II (Mar 2004) of 52.219-7.

x (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

(17)(i) 52.219-9, Small Business Subcontracting Plan (AUG 2018) (15 U.S.C. 637(d)(4)).

(ii) Alternate I (Nov 2016) of 52.219-9.

(iii) Alternate II (Nov 2016) of 52.219-9.

(iv) Alternate III (Nov 2016) of 52.219-9.

(v) Alternate IV (Aug 2018) of 52.219-9.

(18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

(19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

(20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

x (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

x (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

x (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2018) (E.O.

13126).

x (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

x (28) (i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

x (ii) Alternate I (Feb 1999) of 52.222-26.

x (29) (i) 52.222-35, Equal Opportunity for Veterans (OCT 2015)(38 U.S.C. 4212).

(ii) Alternate I (July 2014) of 52.222-35.

x (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C.

793).

(ii) Alternate I (July 2014) of 52.222-36.

x (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

x (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

x (33)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O.

13627).

(ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 7 and E.O. 13627).

(34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

(35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun, 2016) (E.O. 13693).

(37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun, 2016) (E.O. 13693).

(38) (i) 52.223-13, Acquisition of EPEAT(R) -Registered Imaging Equipment(Jun 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Oct 2015) of 52.223-13.

(39) (i) 52.223-14, Acquisition of EPEAT(R) -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-14.

(40) 52.223-15, Energy Efficiency in Energy-Consuming Products(Dec 2007) (42 U.S.C. 8259b).

(41) (i) 52.223-16, Acquisition of EPEAT(R)-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

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(ii) Alternate I (Jun 2014) of 52.223-16.

x (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

(43) 52.223-20, Aerosols (Jun, 2016) (E.O. 13693).

(44) 52.223-21, Foams (Jun, 2016) (E.O. 13693).

(45) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(ii) Alternate I (JAN 2017) of 52.224-3.

(46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

x (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41,112-42, and 112-43).

(ii) Alternate I (May 2014) of 52.225-3.

(iii) Alternate II (May 2014) of 52.225-3.

(iv) Alternate III (May 2014) of 52.225-3.

(48) 52.225-5, Trade Agreements (AUG 2018) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

x (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;

10 U.S.C. 2302 Note).

(51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

(52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

(53) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

(54) 52.232-30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C. 4505, 10 U.S.C.

2307(f)).

x (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).

(56) 52.232-34, Payment by Electronic Funds Transfer - Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

(57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

(58) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

(59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(12)).

(60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

(ii) Alternate I (Apr 2003) of 52.247-64.

(iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

(2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(3) 52.222-42, Statement of Equivalent Rates for Federal Hires(May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -Price Adjustment (Multiple Year and Option Contracts) (AUG 2018)(29 U.S.C. 206 and 41 U.S.C. chapter 67).

(5)52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

(6)52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C.

chapter 67).

(7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

(8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C.

1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records- Negotiation.

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(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v)52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities(Jul 2014) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (AUG 2018),(41 U.S.C. chapter 67).

(xiii) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O.

13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) 41 U.S.C.

chapter 67.)

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xix) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAY 2014) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

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52.225-18 PLACE OF MANUFACTURE (AUG 2018)

(a) Definitions. As used in this provision;

"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except--

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an endproduct is assembled out of components, or otherwise madeor processed from raw materials into the finished product thatis to be provided to the Government. If a product is disassembledand reassembled, the place of reassembly is not the placeof manufacture.

(b) For statistical purposes only, the offeror shall indicatewhether the place of manufacture of the end products itexpects to provide in response to this solicitation is predominantly## [ ] (1) In the United States (Check this box if the totalanticipated price of offered end products manufactured in theUnited States exceeds the total anticipated price of offered endproducts manufactured outside the United States); or [ ] (2) Outside the United States.

(End of provision)

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):

http://acquisition.gov/comp/far/index.html and http://www.osec.doc.gov/oam/acquistion_management/policy/default.htm

(End of Provision)

1352.201-72 CONTRACTING OFFICER`S REPRESENTATIVE (COR) (APR 2010)

(a) COR will be appointed in a separate letter at time of Award. is hereby designated as the Contracting Officer`s Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at:

Phone Number:

Email:

(b) The responsibilities and limitations of the COR are as follows:

(1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.

(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request

PAGE 17 OF 20 1333ND19QNB640129

for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor.

(End of clause)

1352.233-70 AGENCY PROTESTS (APR 2010)

(a) An agency protest may be filed with either: (1) the contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 Fed.

Reg. 16,651 (April 6, 1999)

(b) Agency protests filed with the Contracting Officer shall be sent to the following address:

NIST/Acquisition Management Division Attn: MeeLondrell Lumpkin, Contracting Officer 325 Broadway, Boulder, CO 80305

(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: NIST/Acquisition Management Division Attn: Head of Contracting Office (HCO) 100 Bureau Drive, MS 1640 Gaithersburg, MD 20899

(d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority.

(e) Service upon the Contract Law Division shall be made as follows:

U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W.

Washington, D.C. 20230.

FAX: (202) 482-5858

1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

(a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed.

(b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims.

(c) Service upon the Contract Law Division shall be made as follows:

U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W.

Washington, D.C. 20230.

FAX: (202) 482-5858

1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

(a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract.

(b) The place of acceptance will be:

PAGE 18 OF 20 1333ND19QNB640129

NIST

Shipping and Receiving 325 Broadway Boulder, CO 80305

1352.270-70 PERIOD OF PERFORMANCE (APR 2010)

(a) The base period of performance of this contract is from Start of Award through 2 years after Award. . If an option is exercised, the period of performance shall be extended through the end of that option period.

(b) The option periods that may be exercised are as follows:

Period Start Date End Date Option I N/A Option II N/A Option III N/A Option IV N/A

(c) The notice requirements for unilateral exercise of option periods are set out in FAR 52.217-9.

NIST LOCAL-39 MARKING/PACKING INSTRUCTIONS

(1)If the total contract/order includes multiple quantities of the same or like item(s), segregated as separate CLIN/Item numbers, deliverables shall be packed accordingly. Each individual package/container in the shipment shall include deliverables on a per-CLIN or Item basis.

(2)For each shipment made under this contract/order, the Contractor shall furnish itemized packing list(s), enumerating the specific contents of each shipping container and what specific individual components constitute a full and complete "unit" for each bid item. The packing list shall include the brief description of each item found in the Schedule. If more than one container is required for each unit, each container should be marked accordingly, e.g., "Box 1 of 2," "Box 2 of 2," and the boxes, where feasible, should be taped or shrink-wrapped together as an

PAGE 19 OF 20 1333ND19QNB640129

issuable unit.

(3)The contract number AND CONTRACT LINE ITEM NUMBER (CLIN) OR

ORDER ITEM NUMBER shall be placed on the exterior of all containers.

NIST LOCAL-53 CONTRACT PERFORMANCE DURING CHANGES IN NIST OPERATING STATUS

Unless otherwise stated in the contract terms and conditions, normal days of business operation are Monday through Friday, excluding Federal Holidays. However, throughout the contract period of performance, there may be circumstances beyond the control of the U.S. Department of Commerce, National Institute of Standards and Technology (NIST), that will impact normal days of business operation, such as inclement weather, power outages, etc. In circumstances such as these, the Contractor must call the appropriate NIST campus status line to verify the operating status:

Gaithersburg Campus Operating Status Line:

(301) 975-8000

(800) 437-4385 x8000 (toll free) Boulder Campus Operating Status Line:

(303) 497-4000 During a lapse in appropriation, access to Government facilities and resources, including equipment and systems, will be limited to excepted personnel for both Federal employees and Contractor personnel. If performance of the contract is onsite and/or requires Government interaction, unless you have been, or are notified that you are to work under an excepted status, you will automatically enter a temporary work stoppage. The work stoppage shall remain in effect until the lapse is resolved and notification is provided via the NIST website at https://www.nist.gov/ and/or the NIST operating status lines. Additionally, Contractors are encouraged to monitor public broadcasts or the Office of Personnel Management?s website at www.opm.gov for the Federal Government operating status.

NIST will provide notification to all contractors that are determined to have excepted status.

All excepted contractors are required to continue performance and communicate with the appointed Contracting Officer?s Representative (COR) for further guidance, or NIST Contracting Officer if a COR is not appointed.

Contractors with supply or service contracts that are fully funded at the time of contract award and do not require access to Government facilities, resources, or active administration by Government personnel in a manner that would cause the government to incur additional obligations during the lapse in appropriation may continue performance.

NIST LOCAL-54 ELECTRONIC BILLING INSTRUCTIONS

NIST requires that Invoice/Voucher submissions are sent electronically via email to INVOICE@NIST.GOV.

Each Invoice or Voucher submitted shall include the following:

(1) Contract number;

(2) Contractor name and address;

(3) Unique entity identifier (see www.sam.gov for the designated entity for establishing unique entity identifiers);

(4) Date of invoice;

(5) Invoice number;

(6) Amount of invoice and cumulative amount invoiced to-date;

(7) Contract Line Item Number (CLIN);

(8) Description, quantity, unit of measure, unit price, and extended price of supplies/services delivered;

(9) Prompt payment discount terms, if offered; and

(10) Any other information or documentation required by the contract.

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angela.hitt@nist.gov

325 BROADWAY

BOULDER CO 80305-3328