1333ND20QNB680262 SF-18.pdf

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDE

15. DATE OF QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

b. TELEPHONE

AREA CODE

NUMBER

STANDARD FORM 18 (REV. 6-95) Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

8. TO:

b. COMPANYa. NAME

c. STREET ADDRESS

d. CITY e. STATE f. ZIP CODE

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

c. CITY

d. STATE e. ZIP CODE

7. DELIVERY

FOB DESTINATION

OTHER

(See Schedule)

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)

IMPORTANT: This is a request for information and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NUMBER

(a)

SUPPLIES/ SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER

a. NAME OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

PAGE OF PAGES

1. REQUEST NUMBER 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NUMBER 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG. 1

RATING

5a. ISSUED BY 6. DELIVER BY (Date)

5b. FOR INFORMATION CALL (NO COLLECT CALLS)

NAME TELEPHONE NUMBER

AREA CODE NUMBER

NB688000-20-01029 NB688000-20-01029

1333ND20QNB680262

NATIONAL INST OF STDS AND TECHNOLOGY

325 BROADWAY

BOULDER CO 80305-3328

MEELONDRELL LUMPKIN

MEELONDRELL.LUMPKIN@NIST.GOV

Please See Continuation Page for Line Item Details

303 497-5270

See Schedule

APR 21, 2020

APR 27, 2020

See Schedule

Attachment Page

PAGE 2 OF 16 1333ND20QNB680262

COMBINED SYNOPSIS/SOLICITATION 1333ND20QNB680262 CESIUM TUBE 1 of 4

(i) THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

PREPARED IN ACCORDANCE WITH THE FORMAT IN FAR SUBPART 12.6, AS

SUPPLEMENTED WITH ADDITIONAL INFORMATION INCLUDED IN THIS

NOTICE. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION;

QUOTATIONS ARE BEING REQUESTED, AND A WRITTEN SOLICITATION

WILL NOT BE ISSUED. THIS COMBINED SYNOPSIS/SOLICITATION IS BEING

ISSUED AS A REQUEST FOR PROPOSAL (RFP) # 1333ND20QNB680262 CESIUM

TUBE UTILIZING SIMPLIFIED ACQUISITION PROCEDURES AUTHORIZED BY

FAR 13. THE CONTRACTING OFFICER WILL NOT USE NOR SHALL THIS

SOLICITATION BE SUBJECT TO THE FORMAL SOURCE SELECTION

PROCEDURES DESCRIBED IN FAR PART 15.

THE TERMINOLOGY REQUEST FOR QUOTE (RFQ) AND REQUEST FOR

PROPOSAL (RFP) ARE USED INTERCHANGBLY THROUGHOUT THIS

DOCUMENT AND HAVE THE SAME MEANING FOR THE PURPOSE OF THIS

SOLICITATION.

(ii) The solicitation number and a statement that the solicitation is issued as a request for quotation (RFQ) conducted under the authority of FAR 13, Simplified Acquisition Procedures. All communications and documents must include the proposed solicitation number 1333ND20QNB680262.

(iii) This RFQ, incorporated provisions, and clauses are those in effect through Federal Acquisition Circular (FAC) 2020-05, March 30, 2020.

(iv) The associated NAICS 334515 – Instrument Manufacturing for Measuring and Testing Electricity and Electrical Signals, with a small business size standard of 750 employees. This requirement is a full and open competition procurement.

(v) Attached is the Specifications describing the requirements for solicitation 1333ND20QNB680262 for the following line item number(s) (CLINs) to include a description of item(s), quantities, and units of measure (including any applicable option(s)).

There is no Option CLIN(s).

(vi) A Description of the requirements for the items to be acquired is in the attached Specification and Drawings, if applicable.

(vii) Date(s) and place(s) of delivery, acceptance, and FOB point are required in accordance with this RFQ.

(viii) The provision at FAR 52.212-1, Instructions to Offerors—Commercial Items (MAR 2020), applies to this acquisition. Addenda to this provision is as follows:

All offerors shall submit their quotations on letterhead to the email address stated herein by the date and time specified herein. All quotations shall contain, at a minimum, the information detailed below. If a quotation is missing any of the elements listed below, the quotation may be deemed unacceptable and may not be evaluated further.

PAGE 3 OF 16 1333ND20QNB680262

COMBINED SYNOPSIS/SOLICITATION 1333ND20QNB680262 CESIUM TUBE 2 of 4

Quoters shall clearly demonstrate their ability to meet the technical requirements and deliverable schedule as outlined in this solicitation. The quotation shall include shipping costs. However, NIST reserves the right to ship under NIST provided account.

BASIS OF AWARD:

The award will be made to the Lowest Price Technically Acceptable (LPTA) quoter, based upon the technical specifications as detailed within the attached Specifications. NIST intends to award a firm-fixed-price (FFP) purchase order.

The Government intends to evaluate quotations and issue a purchase order based on the initial quotations received. Therefore, the quoter's initial quotation should contain the quoter's best terms from a price and technical standpoint. The Government reserves the right to request revised quotations from, or negotiate final purchase order terms with, one or more, but not all, quoters if later determined by the Contracting Officer to be necessary.

TECHNICAL CAPABILITY: (Maximum ten single-sided/five double-sided pages) The Contractor's quotation shall clearly and unambiguously describe the proposed items to fulfill the specification requirements successfully, performance capability, delivery schedule, installation, warranty, and all requirements as applicable per the Specification and Drawings, etc., and return with a quote.

PRICE:

The Contractor shall provide a firm fixed price for each line item and a total price for the sum of all line items.

(ix) The provision at FAR 52.212-2, Evaluation -- Commercial Items (OCT 2014), applies to this acquisition. The Government will award a firm-fixed-price contract resulting from this solicitation to the responsible Offeror with the LPTA quote based upon the technical specifications as detailed within the attached SOW.

TECHNICAL CAPABILITY:

Evaluation of Technical Capability will be based on the information provided in the quotation. To be "Acceptable," 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.

EVALUATION OF PRICE:

The price(s) quoted in response to the solicitation will be evaluated through price analysis. A price realism analysis will not be conducted.

Contractors shall submit an FFP quotation in addition to the summary price quotation, if applicable. The price quotation shall include complete support documentation, which clearly identifies major materials, components, and services along with their associated prices. The price quotation shall also identify any elements that will be subcontracted. The price quotation documentation shall clearly substantiate how the total price was derived.

In addition, the contractor price quotation shall also identify any requested payment schedule terms. All payment schedule terms shall be directly tied to contract deliverables and/or major contract milestones.

PAGE 4 OF 16 1333ND20QNB680262

COMBINED SYNOPSIS/SOLICITATION 1333ND20QNB680262 CESIUM TUBE 3 of 4

PAYMENT TERMS:

IAW 32.202-2 -- Types of Payments for Commercial Item Purchases. These definitions incorporate the requirements of the statutory commercial financing authority and the implementation of the Prompt Payment Act. Commercial advance payment, as used in this subsection, means a payment made before any performance of work under the contract. The aggregate of these payments shall not exceed 15 percent of the contract price. These payments are contract financing payments for prompt payment purposes (i.e., not subject to the interest penalty provisions of the Prompt Payment Act in accordance with Subpart 32.9).

These payments are not subject to Subpart 32.4, Advance Payments for Non-Commercial Items.

This item is allowed to ship to the NIST campus warehouse for storage. However, due to COVID-19, our Boulder campus is closed with limited access to the NIST campus. Therefore, the customer will not be able to complete inspection and acceptance once the campus has reopened and returned to regular operation due to COVID-19 compliance. The remaining balance cannot be invoiced or approved until the customer has completed inspection and acceptance.

(x) Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items (MAR 2020), with its offer. The Offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(xi) The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items (CT 2018), applies to this acquisition.

(xii) The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items (MAR 2020), applies to this acquisition and the following additional FAR clauses cited apply to the acquisition:

(xiii) The following additional contract requirement(s) and additional terms and conditions are necessary for this acquisition and consistent with customary commercial practices are as follows:

Additional Contract Requirements:

1. All communications and documents must include the RFQ # 1333ND20QNB680262 and Subject Title: CESIUM TUBE

2. All quotations shall include the following information:

a. Information is enough to demonstrate you can meet or exceed the requirements in the Specifications.

b. Firm fixed price quote.

c. All questions regarding this solicitation must be received via email to primary

POC no later than Friday, April 24, 2020, at noon Mountain Time. No phone calls will be accepted. All questions shall be in writing and will be provided with the response in an amendment to the RFQ.

PAGE 5 OF 16 1333ND20QNB680262

COMBINED SYNOPSIS/SOLICITATION 1333ND20QNB680262 CESIUM TUBE 4 of 4

d. All Quotes MUST comply with the submission requirements, or they may be rejected as non-responsive and, accordingly, not be evaluated. Electronic responses required directly to the Contracting Officer.

e. A technical point of contact (TPOC) will be provided upon award.

f. Delivery point of contact will be provided upon award. (NIST reserves the right to ship using the NIST Account).

g. 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.

h. Warranty: Warranty shall start upon Government Acceptance, which is expected to be after Inspection.

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

(xv) The solicitation will close on the date and time specified herein this FBO.gov posting.

All quotations shall be delivered electronically by the specified close date and time MeeLondrell Lumpkin, Contracting Officer, at meelondrell.lumpkin@nist.gov.

(xvi) For information regarding this solicitation, contact the Contracting Officer at meelondrell.lumpkin@nist.gov or via phone at (303) 497-5270.

PAGE 6 OF 16 1333ND20QNB680262

SPECIFICATIONS

REPLACEMENT CESIUM TUBE FOR 5071A FREQUENCY STANDARD

Replacement high-performance cesium tube for Hewlett-Packard/Agilent 5071A frequency standard, serial number US 4935 2579. The tube must be electrically and mechanically compatible with the existing frequency standard. The stability and accuracy performance of the tube must meet or exceed the published specifications for the HP5071A Device with a high-performance tube installed. The tube should be new and have the manufacturer’s warranty. Cost of recycling old tube should be included as NIST will send our old tube back to the vendor for recycling.

INSPECTION AND ACCEPTANCE

The Government acceptance is expected up to 21 days (longer with due to COVID-19 restrictions).

SHIPPING AND DELIVERY

Maximum 90 days after receipt of order.

INSTATLLATION

Government will perform installation.

WARRANTY

Base Manufacturer Warranty is acceptable.

MAINTENANCE

No maintenance after installation except warranty repairs if needed.

GOVERNMENT FURNISH MATERIAL / EQUIPMENT

The government will furnish an approved shipping container to return the old tube for recycling.

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

TITLE: CESIUM TUBE

0001 Cesium tube per specificaitons

PR NUMBER: NB688000-20-01029

DELIVERY DATE: 07/14/2020

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

325 BROADWAY

BOULDER CO 80305-3328

FOB : Destination

1.00 EA

0002 Cesium tube disposal/recycling

PR NUMBER: NB688000-20-01029

DELIVERY DATE: 07/14/2020

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

325 BROADWAY

BOULDER CO 80305-3328

0003 shipping

PR NUMBER: NB688000-20-01029

DELIVERY DATE: 07/14/2020

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

325 BROADWAY

BOULDER CO 80305-3328

PAGE 7 OF 16 1333ND20QNB680262

Table of Contents

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

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MANAGEMENT (JUL 2016)

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

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

52.225-18 PLACE OF MANUFACTURE (AUG 2018)

52.232-15 PROGRESS PAYMENTS NOT INCLUDED (APR 1984)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

52.247-29 F.O.B. ORIGIN (FEB 2006)

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

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)

1352.233-70 AGENCY PROTESTS (APR 2010)

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

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

ITEMS (MAR 2020)

52.247-48 F.O.B. DESTINATION--EVIDENCE OF SHIPMENT (FEB 1999)

1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

NIST LOCAL-39MARKING/PACKING INSTRUCTIONS

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

NIST LOCAL-54ELECTRONIC BILLING INSTRUCTIONS

PAGE 8 OF 16 1333ND20QNB680262

CLAUSES

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):

https://www.acquisition.gov/ https://www.acquisition.gov/browse/index/far

(End of Provision)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

(Reference 52.204-7)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

(Reference 52.204-13)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

(Reference 52.204-16)

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)

(Reference 52.204-17)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MANAGEMENT (JUL 2016)

(Reference 52.204-18)

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016) (Reference 52.204-21)

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

(Reference 52.212-4)

52.225-18 PLACE OF MANUFACTURE (AUG 2018)

(Reference 52.225-18)

52.232-15 PROGRESS PAYMENTS NOT INCLUDED (APR 1984)

(Reference 52.232-15)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/ https://www.acquisition.gov/browse/index/far

(End of Clause)

PAGE 9 OF 16 1333ND20QNB680262

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

52.247-29 F.O.B. ORIGIN (FEB 2006)

(Reference 52.247-29)

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

(Reference 52.247-34)

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)

1352.233-70 AGENCY PROTESTS (APR 2010)

(Reference 1352.233-70)

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

(Reference 1352.233-71)

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

ITEMS (MAR 2020)

(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) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 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:

(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 X 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).

X X X (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]

PAGE 10 OF 16 1333ND20QNB680262

(11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C.

657a).

(ii) Alternate I (Mar 2020)) of 52.219-3.

(12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020)) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(ii) Alternate I (Mar 2020)) of 52.219-4.

(13) [Reserved] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020)) (15 U.S.C. 644).

(ii) Alternate I (Mar 2020)).

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

(15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (Mar 2020)) (15 U.S.C. 644).

(ii) Alternate I (Mar 2020)) of 52.219-7.

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

(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 (Mar 2020)) (15 U.S.C. 637(d)(4)).

(ii) Alternate I (Jan 2017) of 52.219-9.

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

(iv) Alternate III (Mar 2020)) of 52.219-9.

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

(18) 52.219-13, Notice of Set-Aside of Orders (Mar 2020)) (15 U.S.C. 644(r)).

(19) 52.219-14, Limitations on Subcontracting (Mar 2020)) (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 (Mar 2020)) (15 U.S.C. 657f).

X X X (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Mar 2020)) (15 U.S.C. 632(a)(2)). (ii) Alternate I (MAR 2020) of 52.219-28.

(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Mar 2020) (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 (Mar 2020) (15 U.S.C. 637(m)).

(25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C.

644(r)).

(26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)). (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X X X (28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2020) (E.O.

13126).

X X X (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X X X (30) (i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

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

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

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

(32) (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.

(33) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

(35)(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 78 and E.O. 13627).

(36) 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.)

(37) (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.)

(38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun, 2016) (E.O. 13693).

(39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun, 2016) (E.O. 13693).

(40) (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.

PAGE 11 OF 16 1333ND20QNB680262

(41) (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.

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

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

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

X X X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

(45) 52.223-20, Aerosols (Jun, 2016) (E.O. 13693).

(46) 52.223-21, Foams (Jun, 2016) (E.O. 13693).

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

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

(48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

X X X (49) (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.

(50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X X X (51) 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).

(52) 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).

(53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

(54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

(55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).

(56) 52.232-30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C. 4505, 10 U.S.C.

2307(f)).

X X X (57) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).

(58) 52.232-34, Payment by Electronic Funds Transfer - Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

(59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

(60) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

(61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(13)).

(62)(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).

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(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.

(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) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 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.

(vi)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.

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

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

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

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

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

(xii) 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.

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

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

13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xv) 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.)

(xvi) 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)

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

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

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

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

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

(xxi) 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).

(xxii) 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.

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(xxiii) 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.

52.247-48 F.O.B. DESTINATION--EVIDENCE OF SHIPMENT (FEB 1999)

(a) If this contract is awarded on a free on board (f.o.b.) destination basis, the Contractor--

(1) Shall not submit an invoice for payment until the supplies covered by the invoice have been shipped to the destination; and

(2) Shall retain, and make available to the Government for review as necessary, the following evidence of shipment documentation for a period of 3 years after final payment under the contract:

(i) If transportation is accomplished by common carrier, a signed copy of the commercial bill of lading for the supplies covered by the Contractor`s invoice, indicating the carrier`s intent to ship the supplies to the destination specified in the contract.

(ii) If transportation is accomplished by parcel post, a copy of the certificate of mailing.

(iii) If transportation is accomplished by other than common carrier or parcel post, a copy of the delivery document showing receipt at the destination specified in the contract.

(b) The Contractor is not required to submit evidence of shipment documentation with its invoice.

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:

National Institute of Standards and Technology (NIST) 325 Broadway Boulder, CO 80305

(End of clause)

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

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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 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;

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(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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