1333ND21QNB190020.pdf

RFQ IFB RFP

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

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

DATE

7. FOR SOLICITATION

INFORMATION CALL:

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

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODEFACILITY

CODE

CODE

TELEPHONE NO.

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

OFFER

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

BELOW IS CHECKED

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

DATED . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

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

17a CONTRACTOR/

OFFEROR.

CODE

8 (A)

SIZE STANDARD:

NAICS:

% FOR:SET ASIDE:UNRESTRICTED OR

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

10. THIS ACQUISITION IS

EDWOSB

SMALL BUSINESS PROGRAM

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

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

36. PAYMENT

COMPLETE PARTIAL FINAL

Attachment Page

PAGE 3 OF 77 1333ND21QNB190020

Requirement: Scrap Metal Recycling

Enter Price(s) in Section B, Type or Use Black Ink.

This acquisition is solicited as a 100% Small Business Set-Aside.

The NAICS for this acquisition is 562920; the Small Business Size Standard is $22 Million.

The Period of Performance dates indicated for each CLIN and as shown in Clause 1352.270-70, are estimated dates. Final dates will be established based on the actual award date.

Questions due date: reference Instruction to Offerors – Paragraph 2.2.

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Base Period:

Monthly Scrap Metal Container Fee.

Contractor shall be responsible for providing all equipment, insurance, and transportation for the pick up and recycling of Scrap Metal at the NIST Boulder Campus IAW the PWS.

DELIVERY DATE: 02/14/2022

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

325 BROADWAY

BOULDER CO 80305-3328

Period of Performance: 02/15/2021 to 02/14/2022

12.00 MO

0002 Base Period:

Trip Charge- The government anticipates one pickup per month.

Trip equals roundtrip (pickup/drop off).

For NIST Boulder IAW the PWS.

DELIVERY DATE: 02/14/2022

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

325 BROADWAY

BOULDER CO 80305-3328

1.00 JB

0003 Base Period:

Provide additional container, as needed, for On Demand Requirements.

Individual Pricing for:

20 yard container: $__________

30 yard container: $__________

DELIVERY DATE: 02/14/2022

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

325 BROADWAY

BOULDER CO 80305-3328

0004 Base Period:

On demand trip charge.

Trip equals roundtrip (pickup/drop off).

For NIST Boulder IAW the PWS.

DELIVERY DATE: 02/14/2022

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

325 BROADWAY

BOULDER CO 80305-3328

Period of Performance: 02/15/2021 to 02/14/2022

1.00 JB

OPT

1001 Option Period 1:

Monthly Scrap Metal Container Fee.

PAGE 4 OF 77 1333ND21QNB190020

Contractor shall be responsible for providing all equipment, , insurance, and transportation for the pick up and recycling of Scrap Metal at the NIST Boulder Campus IAW the PWS.

DELIVERY DATE: 02/14/2023

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

325 BROADWAY

BOULDER CO 80305-3328

Period of Performance: 02/15/2022 to 02/14/2023

OPT

1002 Option Period 1:

Trip Charge- The government anticipates one pickup per month.

Trip equals roundtrip (pickup/drop off).

for NIST Boulder IAW the PWS.

DELIVERY DATE: 02/14/2023

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

325 BROADWAY

BOULDER CO 80305-3328

Period of Performance: 02/15/2022 to 02/14/2023

1.00 JB

OPT

1003 Option Period 1:

Provide additional container, as needed, for On Demand Requirements.

Individual Pricing for:

20 yard container: $__________

30 yard container: $__________

DELIVERY DATE: 02/14/2023

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

325 BROADWAY

BOULDER CO 80305-3328

Period of Performance: 02/15/2022 to 02/14/2023

1.00 JB

OPT

1004 Option Period 1:

On demand trip charge.

Trip equals roundtrip (pickup/drop off).

For NIST Boulder IAW the PWS.

DELIVERY DATE: 02/14/2023

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

325 BROADWAY

BOULDER CO 80305-3328

Period of Performance: 02/15/2022 to 02/14/2023

1.00 JB

OPT

2001 Option Period 2:

Monthly Scrap Metal Container Fee.

PAGE 5 OF 77 1333ND21QNB190020

equipment, insurance, and transportation for the pick up and recycling of Scrap Metal at the NIST Boulder Campus IAW the PWS.

DELIVERY DATE: 02/14/2024

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

325 BROADWAY

BOULDER CO 80305-3328

Period of Performance: 02/15/2023 to 02/14/2024

OPT

2002 Option Period 2:

Trip Charge- The government anticipates one pickup per month.

Trip equals roundtrip (pickup/drop off).

For NIST Boulder IAW the PWS.

DELIVERY DATE: 02/14/2024

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

325 BROADWAY

BOULDER CO 80305-3328

Period of Performance: 02/15/2023 to 02/14/2024

1.00 JB

OPT

2003 Option Period 2:

Provide additional container, as needed, for On Demand Requirements.

Individual Pricing for:

20 yard container: $__________

30 yard container: $__________

DELIVERY DATE: 02/14/2024

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

325 BROADWAY

BOULDER CO 80305-3328

Period of Performance: 02/15/2023 to 02/14/2024

1.00 JB

OPT

2004 Option Period 2:

On demand trip charge.

Trip equals roundtrip (pickup/drop off).

For NIST Boulder IAW the PWS.

DELIVERY DATE: 02/14/2024

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

325 BROADWAY

BOULDER CO 80305-3328

Period of Performance: 02/15/2023 to 02/14/2024

1.00 JB

OPT

3001 Option Period 3:

Monthly Scrap Metal Container Fee.

PAGE 6 OF 77 1333ND21QNB190020

up and recycling of Scrap Metal at the NIST Boulder Campus IAW the PWS.

DELIVERY DATE: 02/14/2025

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

325 BROADWAY

BOULDER CO 80305-3328

Period of Performance: 02/15/2024 to 02/14/2025

OPT

3002 Option Period 3:

Trip Charge- The government anticipates one pickup per month.

Trip equals roundtrip (pickup/drop off).

for NIST Boulder IAW the PWS.

DELIVERY DATE: 02/14/2025

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

325 BROADWAY

BOULDER CO 80305-3328

Period of Performance: 02/15/2024 to 02/14/2025

1.00 JB

OPT

3003 Option Period 3:

Provide additional container, as needed, for On Demand Requirements.

Individual Pricing for:

20 yard container: $__________

30 yard container: $__________

DELIVERY DATE: 02/14/2025

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

325 BROADWAY

BOULDER CO 80305-3328

Period of Performance: 02/15/2024 to 02/14/2025

1.00 JB

OPT

3004 Option Period 3:

On demand trip charge.

Trip equals roundtrip (pickup/drop off).

For NIST Boulder IAW the PWS.

DELIVERY DATE: 02/14/2025

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

325 BROADWAY

BOULDER CO 80305-3328

Period of Performance: 02/15/2024 to 02/14/2025

1.00 JB

OPT

4001 Option Period 4:

Monthly Scrap Metal Container Fee.

PAGE 7 OF 77 1333ND21QNB190020

up and recycling of Scrap Metal at the NIST Boulder Campus IAW the PWS.

DELIVERY DATE: 02/14/2026

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

325 BROADWAY

BOULDER CO 80305-3328

Period of Performance: 02/15/2025 to 02/14/2026

OPT

4002 Option Period 4:

Trip Charge- The government anticipates one pickup per month.

Trip equals roundtrip (pickup/drop off).

for NIST Boulder IAW the PWS.

DELIVERY DATE: 02/14/2026

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

325 BROADWAY

BOULDER CO 80305-3328

Period of Performance: 02/15/2025 to 02/14/2026

1.00 JB

OPT

4003 Option Period 4:

Provide additional container, as needed, for On Demand Requirements.

Individual Pricing for:

20 yard container: $__________

30 yard container: $__________

DELIVERY DATE: 02/14/2026

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

325 BROADWAY

BOULDER CO 80305-3328

Period of Performance: 02/15/2025 to 02/14/2026

1.00 JB

OPT

4004 Option Period 4:

On demand trip charge.

Trip equals roundtrip (pickup/drop off).

For NIST Boulder IAW the PWS.

DELIVERY DATE: 02/14/2026

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

325 BROADWAY

BOULDER CO 80305-3328

Period of Performance: 02/15/2025 to 02/14/2026

PAGE 8 OF 77 1333ND21QNB190020

Table of Contents

Performance of Work Statement

Addendum to 52.212-1

Addendum to 52.212-2

52.212-5- Addendum

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

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

52.204-16COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

52.204-18COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

52.204-24REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

(OCT 2020)

52.204-26COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT 2020)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

52.212-1INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2020)

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

52.212-3OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2020)

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

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

52.225-25PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING

TO IRAN--REPRESENTATION AND CERTIFICATIONS (JUN 2020)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

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

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

52.232-40 Deviation Apr 2020

1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

1352.228-72 DEDUCTIBLES UNDER REQUIRED INSURANCE COVERAGE- FIXED PRICE (APR 2010)

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)

1352.237-71 SECURITY PROCESSING REQUIREMENTS - LOW RISK CONTRACTS (APR 2010)

1352.242-70 POSTAWARD CONFERENCE (APR 2010)

1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

1352.270-70 PERIOD OF PERFORMANCE (APR 2010)

NIST LOCAL-54ELECTRONIC BILLING INSTRUCTIONS

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

Wage Determination

General Contractor's Guidance for the NIST Campus

PAGE 9 OF 77 1333ND21QNB190020

CLAUSES

Performance of Work Statement

PAGE 10 OF 77 1333ND21QNB190020

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

Performance Work Statement dated 4/16/2020

NATIONAL INSTITUE OF STANDARDS & TECHNOLOGY

United States Department of Commerce

Title: Scrap Metal Recycling

1. BACKGROUND

The Department of Commerce (DOC), National Institute of Standards and Technology (NIST) has a requirement for scrap metal removal and recycling services from the U.S. Department of Commerce (DOC) campus at 325 Broadway, Boulder, CO 80305. The DOC campus is a research site. It includes 18+ buildings housing approximately 3,000 staff and affiliates employed by DOC Bureaus such as NIST, NOAA and NTIA. The NIST Boulder Property Management Office is responsible for overseeing the collection and proper removal of scrap metal generated from the collection of excess property deemed “salvage” or “scrap”. It may also be generated from the demolition of Government “real property” and other sources. Authority to sell the scrap metal is found under THE CODE OF FEDERAL REGULATIONS (CFR) TITLE 41, PART I 02-38 SECTION 295 and under FMR I 02- 38/295 for the specific purposes listed in Public Law I 07-67.

Due to mission and programmatic changes, the amount of scrap metal may vary however, it is anticipated that at least one (1) 20 cubic yard roll off container of scrap metal is to be recycled each month. Because the quantity may vary each month depending on programmatic needs, additional monthly recycling pick-ups may be required as needed throughout the performance of this contract.

2. PURPOSE

The purpose is to ensure that all scrap metal is safely removed and properly recycled to minimize the use of landfills.

3. REQUIREMENTS

The Contractor shall provide all equipment, materials, tools and necessary resources to perform the following services:

a. Deliver and pick-up recyclables container(s) to/from the NIST Boulder, CO site. Trip fee for container exchange shall be calculated using time stamped job tickets to include time to NIST, Boulder, CO, back to the Contractor’s yard and time to dump materials in yard.

b. The contractor shall invoice the Government on a monthly basis. In the event the value of the materials recycled exceeds the cost of the monthly service, the contractor shall reimburse the difference in value back to the Government no later than the 10th of the following month.

c. Recycle 100% of the scrap metal and responsibly dispose of any non-metal.

d. Provide the Contracting Officer’s Representative (COR) the published pricing used to determine the monthly recycle rates effective on the 10th of each month.

e. Perform all work under this contract in a safe manner and shall adhere to all applicable NIST safety guidelines.

PAGE 11 OF 77 1333ND21QNB190020

f. During performance, in the event of an emergency on campus, the Contractor shall dial “911” and 303-497-7777 to report the incident to the NIST Boulder emergency staff.

g. For Site Access: Any Contractor Employee who will access the NIST Boulder Campus must have a valid ID as outlined in the Special Requirements section.

h. Empty the scrap metal container(s) within three (3) business days of being requested to do so by the Contracting Officer Representative (COR), the Technical Point of Contact (TPOC), or the Contracting Officer (CO) this is a request for a “container exchange.”

i. Maintain and provide accurate weight records and provide copies of those records to the COR monthly, by the 10th day of the next month, to report the preceding month.

j. Remit reimbursement for recycled comingled metal based on market value calculated at the beginning of each month.

a. Mail recycling remittance checks which must include the company’s name and contract number, to the following address:

NIST Support Services Attn: Contract Number (to be provided at time of contract award) 325 Broadway Boulder, CO 80305

4. SPECIAL REQUIREMENTS

a. Under the Code of Federal Regulations (CFR) Title 41, Part 1 02-38, Section 295, NIST has the statutory authority to retain the proceeds from sales of the recyclables. The proceeds shall be mailed to the address shown above.

b. All visitors and guests (including Contractors) in order to access the NIST campus, must have the following before entering visitors center: Photo I.D. Federally approved State issued driver’s license, Federal ID, or original passport, and Vehicle Registration Card.

PLEASE NOTE: Effective July 21, 2014, under the REAL ID Act of 2005, agencies, including NIST, can only accept a state-issued driver’s license or identification card for access to federal facilities if issued by states that are REAL ID compliant or have an extension. Consult the Department of Homeland Security website for current information on which states are compliant with the Real ID Act. https://www.dhs.gov/real-id

NIST currently accepts other forms of federally issued identification in lieu of a state-issued driver’s license, such as a valid passport, passport card, DOD Command Access Card (CAC), Veterans ID, Federal Agency HSPD-12- IDs, Military Dependents ID, Transportation Workers Identification Credential (TWIC), and TSA Trusted Traveler ID.

In addition, NIST’s Police Group will mirror procedures in use by the DOC office of Security and Department of Homeland Security/Federal Protective Services.

PAGE 12 OF 77 1333ND21QNB190020

5. DELIVERABLES

Description Format Quantity Due Date

1. Deliver and pick-up recyclables containers to/from the NIST Boulder, CO site. "Container Exchange"

In person N/A As needed, or within 3 days of container exchange request

2. (Monthly) Weight Records, by commodity, load composition report

Electronic Email to

COR

Monthly by the 10th day of the month

3. Mail recycling remittance checks Mail Monthly Once a month for applicable months

4. Annual Report/certification of recycling Electronic Email to

COR

Yearly

6. PERFORMANCE

a. The period of performance is one calendar year, plus four potential option years in accordance with FAR Clause 52.217-9.

b. Place of Performance: NIST Boulder, CO campus located at 325 Broadway, Boulder, CO 80305.

7. CAMPUS OPERATIONS SCHEDULE

The site is normally open for operations Monday through Friday between the hours of 7:30 am to 5:00 pm, Mountain Time. In the event of an unplanned closure, the Contractor shall not report to the NIST campus, unless otherwise instructed by the COR. The Contractor is responsible to review the site operation status at the NIST website www.nist.gov to ascertain the Boulder, CO site operating status. Information is also available by telephone at 303-497-4000 or 800-579-5383.

The Contractor shall not provide service on the following Federal Government Holidays:

• New Year’s Day, January 1st

• MLK Day, 3rd Monday in January

• President’s Day, 3rd Monday in February

• Memorial Day, Last Monday in May

• Independence Day, July 4th

• Labor Day, 1st Monday in September

• Columbus Day, 2nd Monday in October

• Veteran’s Day, November 11th

• Thanksgiving Day, 4th Thursday in November

• Christmas Day, December 25th

8. GOVERNMENT RESPONSIBILITIES

NIST is responsible for:

a. Providing a location or locations for scrap metal roll-off containers.

b. Informing the Contractor when a scrap metal pick-up is required.

PAGE 13 OF 77 1333ND21QNB190020

c. Ensuring that Contractor has access to locked and fenced areas as necessary for scrap metal pick-ups and container drop-offs.

Addendum to 52.212-1

PAGE 14 OF 77 1333ND21QNB190020

ADDENDUM TO 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

1. SPECIAL NOTICE TO CONTRACTORS

The Government intends to evaluate quotations and award a contract without discussions.

Therefore, the Contractor’s initial quotation should contain the Contractor’s best terms from a technical and price standpoint. The Government reserves the right to conduct discussions if the CO later determines them to be necessary. This action is to be executed in accordance with FAR Part 13, Simplified Acquisition Procedures.

1.1 Each quotation shall clearly demonstrate that the Contractor understands both the general and specific technical requirements of the Performance of Work Statement (PWS).

1.1.1 Failure to explain Contractor’s ability to meet all requirements may result in the Contractor's quotation not being considered. Clarity and completeness of quotations are of the utmost importance. Therefore, quotations must be written in a practical, clear and concise manner.

1.1.2 Quotations which merely restate the requirement or state that the requirement will be met without providing supporting rationale are not sufficient.

1.2 This requirement is being awarded utilizing the procedures established in FAR Part 13.

FAR Part 15 procedures do not govern the evaluation of quotations under this solicitation. A Contractor may be eliminated from consideration without further exchanges if its quotation is not among those Contractors considered most advantageous to the Government based on the solicitation criteria.

1.3 Contractor’s may be asked to clarify certain aspects of their quotation to resolve minor or clerical errors and will not constitute discussions.

1.4 Failure to submit any of the information requested by this solicitation may result in unfavorable quotation evaluation.

1.5 Upon receipt, all quotations become Government property. In accordance with FAR Subpart

4.8 (Government Contract Files), the Government will retain the original of all unsuccessful quotations. Unless the Contractor requests otherwise, the Government will destroy remaining copies of such unsuccessful quotations.

1.6 Request for Quotation (RFQ) pricing for base and option contract line items number (CLINs) 0001 – 4004.

1.6.1 The Contractor agrees to hold the prices in its quotation firm for 120 calendar days from the date specified for receipt of quotations, unless another time period is specified in an addendum to the solicitation. Any quotation providing less that the specified acceptance period may not be considered acceptable and may not be considered for award.

1.7 Pre-Proposal Conference and Site Visit.

Not Applicable.

2. INQUIRIES AND QUESTIONS

2.1 The CO and CS are the only approved points of contact for this acquisition. Address any questions or concerns you may have to both the CO and CS via e-mail to:

2.2 All requests for clarification, inquiries, and questions concerning this solicitation shall be submitted in writing via e-mail to: noah.branscom@nist.gov and denise.steel@nist.gov by 5:00 PM MST, 30 December 2020.

2.3 All questions and responses to questions shall be provided, in writing, without identification of the questioner. Questions and responses will be published to Contract Opportunities (formerly FBO) in the form of an amendment to the solicitation. Even if provided in other form, only the question responses included in the amendment(s) to the solicitation will govern performance of the contract.

PAGE 15 OF 77 1333ND21QNB190020

3. SOLICITATION RESPONSE REQUIREMENTS

3.1 The Government will assess quotations based on how well the contractors meet the factors and requirements outlined in this RFQ using the evaluation criteria and instructions therein.

3.1.1 Any quotation found to be Unacceptable in meeting the stated solicitation requirements or performance objectives will be considered ineligible for award unless the deficiency is corrected through discussions (See paragraph 1).

3.2 QUOTATION REQUIREMENTS

3.2.1 Quotations are expected to conform to solicitation provisions and be prepared in accordance with this section. To aid in evaluation, the quotation shall be clearly and concisely written, neatly presented, indexed (cross-indexed as appropriate), and assembled as required by this instruction to offerors. All pages of each part shall be appropriately numbered and identified with the name of the Contractor, the date of the quotation, and the solicitation number.

3.2.2 Format. Text shall be single-spaced, and able to fit on 8½” x 11”, with a minimum one-inch margin all around (should the Government need to print). Each page with content shall count as a single page. Pages shall be numbered consecutively. Text shall be no smaller than 11-point font. Bolding, underlining, and italics may be used to identify topic demarcations or points of emphasis. Graphic presentations, including tables, while not subject to the same font size and spacing requirements, shall have spacing and text that is easily readable.

3.2.3 Restriction of Disclosure/Proprietary Information. If the Contractor wishes to restrict the disclosure or use of its quotation, use the legend permitted by FAR 52.215- 1(e). Individual subcontractor/vendor proprietary information may be submitted via separate binders. The information contained in these binders must be referenced (by binder title, page, and section number as appropriate) within the main quotation where the information would have been included if it were not subcontractor/vendor proprietary. The information in these separate binders is subject to all other requirements of the RFQ, will be included in the page count for the appropriate volume, and must be well-marked to clearly indicate any special handling instructions.

3.2.4 The Contractor shall submit one (1) electronic version compatible with the Microsoft Office 2016 Software Suite and/or Adobe Acrobat (PDF), by email.

3.2.5 Submission Address. Quotes must be submitted via email to: Dee Steel at denise.steel@nist.gov and Noah Branscom at Noah Branscom noah.branscom@nist.gov

FACSIMILE QUOTATIONS ARE NOT AUTHORIZED

3.2.6 Submission Due Dates. Quotations must be received prior the date and time in block 8 of the SF 1449. Quotations received after this date and time are considered late and may not be accepted.

4. Factor A – Price Submittal Requirements

4.1 Factor A – Price, shall comply with the instructions in paragraph 3, above, and include the following documents (in the order listed):

4.1.1 The offeror shall complete and submit the Standard Form 1449, Solicitation/Contract/Order for Commercial Items: Complete Blocks 17a, 17b, 19, 20, 21, 22, 23, 24, 26, 30a, 30b, and 30c only. An official having the authority to contractually bind the Offeror’s company must sign the SF 1449 in accordance with the procedures prescribed in

FAR 4.102.

4.1.2 Acknowledge all solicitation amendments using one of the methods set forth in Block 11 of Standard Form 30, the form on which any amendment will be issued.

4.1.3 Complete all required representations and certifications

4.1.4 Completed Schedule B of the SF 1449.

PAGE 16 OF 77 1333ND21QNB190020

5. Factor B – Technical Details

5.1 Technical details shall comply with the instructions in paragraph 3, above and is limited as stated in the factors below.

5.2 Exceptions, Deviations, and/or Assumptions. This document shall identify and explain any exceptions or deviations taken to any part of the PWS or conditional assumptions made with respect to the technical requirements of the solicitation. Contractors should note that taking exceptions to the Government's requirements may indicate an unwillingness or inability to perform the contract, and the quotation may be evaluated as such.

5.3 Technical Details shall include the following:

5.3.1 The offeror shall provide their methodology as to how they will price scrap metal recyclables. This information should be sufficient enough for the government to determine that it is receiving the most advantageous pricing.

6. Limitation of Future Contracting

Not applicable.

7. Confidential Information

The Freedom of Information Act (FOIA) and its amendments have resulted in an increasing number of requests from outside the Government for copies of contractor qualifications and quotations submitted to Federal agencies. If a contractor's submissions contain information that they believe should be withheld from such requesters under FOIA on the grounds that they contain "trade secrets and commercial or financial information" [5 USC§552(b) (4)], the contractor should mark its submissions in the following manner "Some parts of this document, as identified on individual pages, are considered by the submitter to be privileged or confidential trade secrets or commercial or financial information not subject to mandatory disclosure under the Freedom of Information Act.”

Addendum to 52.212-2

PAGE 17 OF 77 1333ND21QNB190020

ADDENEDUM TO 52.212-2 EVALUATION – COMMERCIAL ITEMS

I GENERAL

1. The Government anticipates awarding a firm-fixed-price contract to the contractor whose quotation is found to be the best value and most advantageous to the Government, price and other factors considered.

2. The Government intends to evaluate the quotations and issue a contract based on the initial quotations received. Therefore, the initial quotation should contain the best terms from a technical and price standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. This statement is not to be construed to mean that the Government is obligated to conduct discussions or exchanges.

3. Failure to provide a reasonable and complete quotation may reflect a lack of understanding of the requirements and may result in a determination that the quotation is technically unacceptable.

4. Quotations which merely restate the requirement or state that the requirement will be met, without providing supporting rationale, are not sufficient.

5. The Contractor shall submit a firm-fixed-price quotation according to the Addendum to 52.212-1 Instructions to Offerors. The factors identified below shall be used to evaluate the quotation.

6. This acquisition is being conducted under FAR Part 13, Simplified Acquisition Procedures.

Principles and procedures of FAR Part 15 do not apply. A contractor may be eliminated from consideration without further exchanges if its quotation is not among those considered most advantageous to the Government based the requirements of this solicitation.

7. The purchase order resulting from this solicitation will be awarded to the responsible Quoter whose quotation conforms to the solicitation and is determined to be the best value to the Government considering Price (Factor A) and Technical Details (Factor B).

8. By submission of its quotation, the contractor is required to meet all solicitation requirements, such as terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors. Failure to meet a requirement may result in a quotation being ineligible for award. Contractors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The evaluation process shall proceed as follows:

II FACTOR A – PRICE:

1. Price submittals will be subjectively evaluated to determine the reasonableness of the quotations for overall price and individual CLIN pricing. The Government will not conduct price realism analysis as part of its price evaluation. The Government will evaluate the quotation using price analysis techniques to determine fairness and reasonableness in relation to the PWS requirements. One or more of the following techniques will be used to ensure a fair and reasonable price:

1.1 Comparison of quoted prices received in response to the Solicitation.

1.2 Comparison of quoted prices with the IGE.

1.3 Comparison of quoted prices with available historical information.

1.4 A total contract price or individual CLIN price that is found to be either unreasonably high or low in relation to the proposed work may be indicative of an inherent lack of understanding of the solicitation requirements and may result in the overall quotation being considered unacceptable.

2. Any inconsistency, whether real or apparent, between quoted performance and price/cost must be clearly explained in the price quotation. For example, if unique and innovative approaches are the basis for an apparently unbalanced/inconsistently priced quotation, the nature of these approaches and their impact on price must be completely documented.

PAGE 18 OF 77 1333ND21QNB190020

3. The Government reserves the right to ask for any additional price related information to determine a price to be fair and reasonable.

III NON-PRICE / TECHNICAL EVALUATION

1. The Government shall evaluate the non-price / technical portion of the quotation. Any aspect evaluated as “Unacceptable” may render the entire quotation unacceptable and unawardable. Only those quotations determined, either initially or as a result of discussions, as acceptable will be considered for award. However, contractors are reminded that the Government reserves the right to award this effort based on the initial quotation, as received, without discussions.

2. The quotations shall be evaluated against the following technical factor:

2.1 FACTOR (B) - TECHNICAL DETAILS

2.1.1 Evaluation of this factor is a subjective evaluation of the Offeror’s understanding of the contract requirements (clauses, provisions, specifications, and the PWS) and demonstrated ability to meet contract requirements and PWS tasks based on its proposed technical details.

52.212-5- Addendum

PAGE 19 OF 77 1333ND21QNB190020

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

ORDERS-COMMERCIAL ITEMS (DEVIATION 2020-05 APR 2020) (JUL 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 2020) (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:

[Contracting Officer check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUNE 2020), with Alternate I (OCT 1995) (41 U.S.C.4704 and 10 U.S.C. 2402).

_X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C.

3509).

_X_ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 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 (JUN 2020) (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_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (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 (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] _X_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) of 52.219-6 (15

U.S.C. 644).

__ (ii) Alternate I (MAR 2020) 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.

__ (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 (JUN 2020) (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 (JUN 2020) of 52.219-9.

__ (v)Alternate IV (JUN 2020) of 52.219-9

PAGE 20 OF 77 1333ND21QNB190020

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

__ (ii) Alternate I (MAR 2020) of 52.219-13.

__ (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_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (MAY 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 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 (Mar2020) (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) (15U.S.C. 637(a)(17)).

_X_ (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN2020)

(E.O.13126).

__ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

_X (30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

__ (ii) Alternate I (FEB 1999) of 52.222-26.

__ (31) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (JUL 2014) of 52.222-35.

__ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29

U.S.C. 793).

__ (ii) Alternate I (JUL 2014) of 52.222-36.

__ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC

2010) (E.O. 13496).

_X (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). (Executive Order

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®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (OCT 2015) of 52.223-13.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s

13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C.

8259b).

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT

2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (JUN 2014) of 52.223-16.

_X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving

(JUN 2020) (E.O. 13513).

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

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

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

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

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

PAGE 21 OF 77 1333ND21QNB190020

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (MAY 2014) (41 U.S.C.chapter83, 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_(51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 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. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C.

5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (JUN 2020).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41

U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (Jan2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management

(OCT2018) (31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award

Management (Jul 2013) (31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

__(62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)

(13)).

__ (63) (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.

__(64) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors

(DEVIATION APR 2020) (31 U.S.C. 3903 and 10 U.S.C. 2307).

(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:

[Contracting Officer check as appropriate.]

_X_ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter67).

_X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C.

206 and 41 U.S.C. chapter 67).

_X_ (3) 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).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 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).

__ (6) 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).

__ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (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, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records- Negotiation.

PAGE 22 OF 77 1333ND21QNB190020

(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 (JUN 2020) (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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(vii) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.

793).

(x) 52.222-37, Employment Reports on Veterans (JUN 2020) (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 (Aug2018) (41 U.S.C. chapter 67).

(xiii)

(A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar2015) of 52.222-50 (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 (May2014) (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 (MAY2014) (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,…