1333ND21QNB680188 BV RFQ.pdf

REQUEST FOR QUOTATION

1333ND21QNB680185

20’ X 4’ OPTICAL TABLE SYSTEM

Attachment Page

PAGE 2 OF 25 1333ND21QNB680188

I. REQUEST FOR QUOTE FOR 20’ x 4’ OPTICAL TABLE SYSTEM

(i) ATTHIS 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

QUOTATION (RFQ) # 1333ND21QNB680188 20’ x 4’ OPTICAL TABLE SYSTEM

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

1333ND21QNB680188.

(iii) This RFQ, incorporated provisions, and clauses are those in effect through Federal Acquisition Circular (FAC) 2021-05, March 10, 2021.

(iv) The associated NAICS 333314 - Optical Instrument and Lens Manufacturing, with a small business size standard of 500 employees. This requirement is a small business set-aside.

(v) See the Schedule describing the requirements for solicitation 1333ND21QNB680188 for the contract line item number(s) (CLINs) to include a description of the 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 enclosed 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 (JUN 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.

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COMBINED SYNOPSIS/SOLICITATION 1333ND21QNB680188 20’ X 4’ OPTICAL TABLE SYSTEM 2 of 7

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

BASIS OF AWARD:

The award will be made to the vendor whose submission represents the best value to the Government. NIST intends to award a firm-fixed-price (FFP) purchase order. The Government may award to other than the lowest priced Offeror or the highest technically rated Offeror utilizing trade-offs. Pricing will be evaluated separately from technical factors and used as a trade-off. The importance of price in the evaluation will increase with the degree of equality among quotations of the non-price factors. The following factors shall be used to evaluate offers:

Technical Capability, Schedule Delivery, Experience, Past Performance, and Price.

EVALUATION CRITERIA. The quotation will be evaluated under evaluation factors:

Technical Capability, Schedule Delivery, Experience, Past Performance, and Price. In determining the best value using trade-off, Technical Capability, Schedule Delivery, Experience, Past Performance, and Price are listed in order of importance. All factors other than price, when combined, are significantly more than to price

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.

(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 best value quote based upon the technical specifications as detailed within the attached specifications / statement of work.

FACTOR 1 - TECHNICAL CAPABILITY:

1. The TECHNICAL CAPABILITY is defined as the vendor's demonstration of the understanding and capability to provide the required items and services as identified in the specifications / statement of work. This includes the authority to provide the required items (i.e., authorized dealer/seller/reseller), the authority to provide maintenance and repair services, capability, and method to meet all contract requirements successfully; this includes the required delivery schedule, installation, warranty, and all other requirements.

2. SUBMITTAL REQUIREMENTS

The vendor shall submit technical approach and documentation, which may include a narrative, charts, graphs, tables, drawings, product/service literature, and demonstrated authority to provide the necessary items and perform the required services identified in the specification/statement of work. The documentation shall clearly describe, in sufficient detail, the vendor's authority, proposed items, resources, and methods to successfully fulfill the requirements, including

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COMBINED SYNOPSIS/SOLICITATION 1333ND21QNB680188 20’ X 4’ OPTICAL TABLE SYSTEM 3 of 7 specifications, performance capability requirements, delivery schedules, warranties, and all service requirements per the Request for Quotations.

SUBMIT PRODUCT DATA SHEET WITH QUOTE.

3. BASIS OF EVALUATION

Evaluation of this factor is a subjective evaluation of the vendor's demonstrated resources, capability, and methods to meet all requirements. The vendor’s submittals will be evaluated to determine whether the proposed technical approach demonstrates a clear and unambiguous understanding and a demonstrated ability to meet the minimum requirements.

FACTOR 2 – SCHEDULE/DELIVERY:

1. The SCHEDULE/DELIVERY is defined as the vendor's proposed solution(s) to fulfill the contract requirements successfully. Delivery shall be no more than eight weeks after date of award and the date NIST finalizes drawings. Early and partial delivery are acceptable.

Submit document(s) that clearly and unambiguously confirms delivery of all items and / or performance of services by required delivery / performance dates; or propose alternate delivery / performance dates. The schedule shall identify proposed delivery no more than eight weeks after the date of award and the date NIST finalizes drawings. Any other critical date is identified in the specification / statement of work.

This factor will be evaluated to determine whether the vendor understands the delivery / performance schedule requirements and whether the vendor is capable of meeting the required delivery / performance schedule per the request for quotations. The Government may assess an earlier delivery / performance schedule as a more favorable and added value to the Government (Sooner may be determined better).

FACTOR 3 - EXPERIENCE:

1. The EXPERIENCE is defined as the vendor's proposed solution(s) to fulfill the contract requirements successfully.

The vendor shall provide the following information for a minimum of three relevant projects (item and / or service) to that of the requirement in the request for quotation.

A. Experience For: Company Name, address, phone number, and point of contact.

B. Description of the work provided in terms of items and services provided.

C. Date of delivery (Items) and dates of services provides (Service contracts).

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COMBINED SYNOPSIS/SOLICITATION 1333ND21QNB680188 20’ X 4’ OPTICAL TABLE SYSTEM 4 of 7

Evaluation of this factor is a subjective evaluation of the vendor’s experience, in terms of relevancy, as a means of evaluating the capability of the Vendor to successfully meet the requirements of the request for quotation.

FACTOR 4 – PAST PERFORMANCE:

1. The PAST PERFORMANCE is defined as how well a vendor has performed on meeting recent and relevant requirements in terms of scope, size, and complexity is defined as the vendor's proposed solution(s) to fulfill the contract requirements successfully.

Provide the following information for a minimum of three companies / organizations / from clients which the offer has provided recent and similar items / services for:

A. Company/Organization/Client Name.

B. Address.

C. Brief description of items / services provided.

D. Point of contact.

E. Email and or phone number contact information capability, and methods to meet all requirements. The vendor’s submittals will be evaluated in terms of demonstrated understating of the requirements and demonstrated capability to meet or exceed the requirements. This may include the authority to provide the required items (i.e., authorized dealer/seller/reseller), authority to provide maintenance and repair services, and the capability and method to successfully meet all the requirements, including but not limited to item specifications, delivery schedule, installation, warranty, etc.

In addition to the above, the Government may review any other sources of information for evaluating past performance. Other sources may include, but are not limited to, past performance information retrieved through the Past Performance Information Retrieval System (PPIRS) Federal Awardee Performance and Integrity Information System (FAPIIS) using all CAGE / DUNS number of the vendor. The Government reserves the right to contact any other source of information that may have knowledge or information on a vendor’s relevant past performance history.

FACTOR 5 - PRICE:

1. The PRICE is defined as the vendor’s proposed total price for the sum of all line items to fulfill the contract requirements successfully.

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COMBINED SYNOPSIS/SOLICITATION 1333ND21QNB680188 20’ X 4’ OPTICAL TABLE SYSTEM 5 of 7

2. SUBMITTAL REQUIREMENTS

Quotations shall be submitted on a firm-fixed-price (FFP) basis in accordance with the contract line item numbering (CLIN) structure identified in Schedule Continued of this solicitation. 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. The Government requests that the Offeror provide discounts off of its contractual rates to the maximum extent possible.

capability, and methods to meet all requirements. Pricing will be evaluated but not scored. A price realism analysis will not be conducted. The price(s) quoted in response to the solicitation will be evaluated through price analysis. 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 Offeror’s price quotation shall also identify any requested payment schedule terms.

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 currently closed with limited access to the NIST campus.

However, the customer can complete inspection and acceptance within most cases following COVID-19 compliance and other guidelines. Therefore, slight delays should be expected. 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 (FEB 2021), with its offer. The Offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual

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COMBINED SYNOPSIS/SOLICITATION 1333ND21QNB680188 20’ X 4’ OPTICAL TABLE SYSTEM 6 of 7 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 (OCT 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 (JAN 2021), 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 # 1333ND21QNB680188 and

Subject Title: 20’ X 4’ OPTICAL TABLE SYSTEM

2. All quotations shall include the following information:

a. Information is enough to demonstrate you can meet or exceed the requirements in the specifications / statement of work.

b. Firm fixed price quote.

c. All questions regarding this solicitation must be received via email to primary POC no later than Thursday, April 22, 2021, at 9:00 AM, 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.

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 written Government Acceptance, which is expected to be after Inspection.

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

(xv) All quotations shall be delivered electronically by the specified close date and time MeeLondrell Lumpkin, Contracting Officer, atmeelondrell.lumpkin@nist.gov.

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COMBINED SYNOPSIS/SOLICITATION 1333ND21QNB680188 20’ X 4’ OPTICAL TABLE SYSTEM 7 of 7

Quotation(s) transmitted through an electronic commerce method authorized by the solicitation and not received at the initial point of entry to the Government infrastructure the Original Response Date or Update Response Date is "late" and will not be considered.

Late offers shall not be considered for award.

Offers Due Date: April 28, 2021 Due Time: 9:00 AM Mountain Time

(xvi) For information regarding this solicitation, contact the Contracting Officer at meelondrell.lumpkin@nist.gov.

II. ADDENDUM TO FAR 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL

ITEMS -- QUOTATION PREPARATION INSTRUCTIONS

A. Offerors shall clearly demonstrate their ability to meet the technical requirements and deliverable schedule as outlined in the associated solicitation.

B. As set forth in FAR 52.212-1 (a), North American Industry Classification System (NAICS) code and small business size standard, review your System for Award Management (SAM) profile and contact the SAM helpdesk to update your company’s profile to reflect the associated NAICS for this solicitation requirement. This is a small business set aside, and an award cannot be made to any small business that does not have the identified NAICS code for this solicitation listed under their SAM Reps & Certs profile.

C. As set forth in FAR 52.212-1 (g), Contract award, the Government intends to evaluate quotations and award one Purchase Order without discussions with offerors. The offerors’ initial quotation should contain the offeror's best terms from a price and technical standpoint.

The Government reserves the right to conduct discussions if the Contracting Officer later determines it necessary.

D. Please reference the Request for Quote (RFQ) number (1333ND21QNB680188) in the subject line of email communications. Offerors quotations shall not be deemed received by the Government until the quotation is entered in the Contracting Officer’s e-mail inbox:

meelondrell.lumpkin@nist.gov.

III. ADDENDUM TO FAR 52.212-2, EVALUATION -- COMMERCIAL ITEMS - EVALUATION

CRITERIA AND BASIS FOR AWARD

A. The Government intends to evaluate quotations and issue a firm-fixed-price purchase order based on the initial quotations received, utilizing simplified acquisition procedures of FAR Part 13. The Government will evaluate quotes utilizing the procedures of FAR 15.101-1 Evaluation of quotations or offers. The Government reserves the right to request revised quotations from, or negotiate final purchase order terms with, one or more, but not all, Offerors if later determined by the Contracting Officer to be necessary.

B. Incomplete quotations may be considered non-responsive and removed from further consideration. Quotations shall be clearly and concisely written as well as being neat, indexed (cross-indexed as appropriate), and logically assembled. All pages of each volume shall be appropriately numbered and identified with the offeror's name, the date, and the solicitation number.

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

TITLE: 20 x 4 OPTICAL TABLE SYSTEM

0001 20'x4' Optical Table System

See SOW for detailed description.

PR NUMBER: NB686060-21-01107

DELIVERY DATE: 07/02/2021

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

325 BROADWAY

BOULDER CO 80305-3328

FOB : Destination

1.00 EA

0002 Shipping

PR NUMBER: NB686060-21-01107

DELIVERY DATE: 07/02/2021

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

325 BROADWAY

BOULDER CO 80305-3328

FOB : Destination

1.00 EA

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Table of Contents

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

52.202-1DEFINITIONS (JUN 2020)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

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)

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

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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)

52.247-34 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)

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

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

ITEMS (JAN 2021)

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

1352.233-70 AGENCY PROTESTS (APR 2010)

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

1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

NIST LOCAL-39MARKING/PACKING INSTRUCTIONS

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

NIST LOCAL-54ELECTRONIC BILLING INSTRUCTIONS

Proc Memo 2020-05 FAR Class Deviation-Accelerated

SPECS

PAGE 10 OF 25 1333ND21QNB680188

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)

52.202-1 DEFINITIONS (JUN 2020)

(Reference 52.202-1)

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 (AUG 2020)

(Reference 52.204-16)

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

(Reference 52.204-18)

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

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)

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)

PAGE 11 OF 25 1333ND21QNB680188

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)

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

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

TECHNICAL CAPABILITY

SCHEDULE DELIVERY

EXPERIENCE

PAST PERFORMANCE

AND

PRICE

___________________________________________ [Contracting Officer shall insert the significant evaluation factors, such as

(i) technical capability of the item offered to meet the Government requirement;

(ii) price;

(iii) past performance (see FAR 15.304);

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer`s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

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

ITEMS (JAN 2021)

(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).

PAGE 12 OF 25 1333ND21QNB680188

(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 (JUN 2020), 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 (JUN 2020) (41 U.S.C. 3509).

(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.)

***XXX*** (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).

***XXX*** (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] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020)) (15 U.S.C. 644).

(ii) Alternate I (MAR 2020) of 52.219-6.

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

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

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

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

***XXX*** (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 (JAN 2017) 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.

(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).

***XXX*** (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 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 (JUN 2003) (E.O. 11755).

***XXX*** (28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

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

***XXX*** (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.

PAGE 13 OF 25 1333ND21QNB680188

(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).

***XXX*** (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (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.

(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(MAY 2020) (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.

***XXX*** (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 (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 (JAN 2021) (41 U.S.C. chapter 83).

***XXX*** (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (JAN 2021) (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 (JAN 2021) of 52.225-3.

(iii) Alternate II (JAN 2021) of 52.225-3.

(iv) Alternate III (JAN 2021) 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).

(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. 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) 52.229-12, 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 (OCT 1995)(41 U.S.C. 4505, 10 U.S.C.

2307(f)).

***XXX*** (58) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (OCT 2018) (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).

PAGE 14 OF 25 1333ND21QNB680188

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

(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).

(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) (29 U.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 (NOV 2020).

(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.

(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 2020) (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 2016) (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.

PAGE 15 OF 25 1333ND21QNB680188

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

(xiii) (A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (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).

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

chapter 67.)

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

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

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

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

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

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

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

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C.

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

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

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

(End Of Clause)

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.

1352.233-70 AGENCY PROTESTS (APR 2010)

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

Reg. 16,651 (April 6, 1999)

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

NIST/ACQUISITION MANAGEMENT DIVISION

ATTN: MEELONDRELL LUMPKIN, CONTRACTING OFFICER

325 BROADWAY

BOULDER, CO 80305

(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: ATTN: HEAD OF CONTRACTING OFFICE (HCO)

100 BUREAU DRIVE, MS 1640

GAITHERSBURG, MD 20899

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

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

U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893

PAGE 16 OF 25 1333ND21QNB680188

Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W.

Washington, D.C. 20230.

FAX: (202) 482-5858

(End of clause)

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

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

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

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

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

Washington, D.C. 20230.

FAX: (202) 482-5858

1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

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

(b) The place of acceptance will be:

National Institute of Standards and Technology (NIST) 325 Broadway

[Attn: Gregory Hoth] Boulder, CO 80305

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

PAGE 17 OF 25 1333ND21QNB680188

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

PAGE 18 OF 25 1333ND21QNB680188

(1) Contract number;

(2) Contractor name and address;

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

(4) Date of invoice;

(5) Invoice number;

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

(7) Contract Line Item Number (CLIN);

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

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

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

PAGE 19 OF 25 1333ND21QNB680188

Proc Memo 2020-05 FAR Class Deviation-Accelerated

PAGE 20 OF 25 1333ND21QNB680188

ATTACHMENT A

FAR DEVIATION TEXT

FOR CLASS DEVIATION

Procurement Memorandum 2020-05

FAR Baseline: FAC 2020-05 effective 03/30/2020

• Additions to baseline made by deviation are indicated by [bold text in brackets]

• Deletions to baseline made by deviation are indicated by…