1333ND21QNB680212 BV RFQ.pdf

REQUEST FOR QUOTATION

1333ND21QNB680212

MACHINING AND HEAT TREATING OF

CHARPY SPECIMENS

INDEFINITE-DELIVERY/INDEFINITE-QUANTITY (IDIQ)

Attachment Page

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I. REQUEST FOR QUOTE FOR MACHINING AND HEAT TREATING OF CHARPY

SPECIMENS INDEFINITE-DELIVERY/INDEFINITE-QUANTITY (IDIQ)

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

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

ADDITIONAL INFORMATION INCLUDED IN THIS NOTICE. THIS ANNOUNCEMENT

CONSTITUTES THE ONLY SOLICITATION; QUOTATIONS ARE BEING REQUESTED, AND A

WRITTEN SOLICITATION WILL NOT BE ISSUED. THIS COMBINED

SYNOPSIS/SOLICITATION IS BEING ISSUED AS A REQUEST FOR QUOTATION (RFQ) #

1333ND21QNB680212 MACHINING AND HEAT TREATING OF CHARPY SPECIMENS

INDEFINITE-DELIVERY/INDEFINITE-QUANTITY (IDIQ) UTILIZING SIMPLIFIED

ACQUISITION PROCEDURES AUTHORIZED BY FAR 13. THE EVALUATION PROCEDURES OF

FAR PART 13.106-2 SHALL BE UTILIZED FOR THIS PROCUREMENT. THE SOLICITATION

SHALL NOT 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 INTERCHANGEABLY 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 1333ND21QNB680212.

(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 332999 - All Other Miscellaneous Fabricated Metal, with a small business size standard of 750 employees. This requirement is a small business set aside.

(v) See the Schedule describing the requirements for solicitation 1333ND21QNB680212 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)).

1. The quantities listed in the Schedule of Supplies are the Government’s best estimates based upon past experience. The Contractor will be paid based upon the actual accepted item/supplies as provided in the Statement of Work.

2. The Schedule of Supplies is incorporated as a separate document titled Attachment B.

3. There are Option CLIN(s). All option CLINs and option years shall be completed in their entirety to be considered for award.

(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

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

1. TYPE OF CONTRACT:

NIST intends to award a multiple award contract (MAC). Each awarded MAC is a Firm-Fixed-Price (FFP) IDIQ contract that is expected to be awarded as a result of this RFQ. The proposed commercial contract will include a base period/year and four option periods/years, which will be exercised at the Government's sole discretion.

2. PERIOD OF PERFORMANCE:

The anticipated period of performance includes a base period/year and four option periods/years. See Commercial Acquisition Regulation (CAR) clause 1352.270-70, Period of Performance for actual dates.

Actual performance periods will be identified at the time of award.

3. DELIVERY ORDER ORDERING PROCEDURES:

Task Orders will be added to the IDIQ on an as-needed basis.

A. A Delivery Order(s) will be awarded to the Contractor that has the capability to fulfill the requirements and has the lowest price, which represents the best value to the Government.

B. NIST AMD Contracting Officers with the appropriate warrant level are authorized to issue Delivery Orders.

4. BASIS OF AWARD:

The contract resulting from this solicitation will be awarded to the responsible Offeror whose offer conforms to the solicitation and is determined to be the most advantageous to the Government, considering price and technical / non-price evaluation factors. An award may be made to other than the lowest priced Offeror or other than the highest technically rated Offeror. Business judgments and tradeoffs will be used to determine the quotation offering the “Best Value” to the Government.

A. The applicable evaluation factors with the basis of evaluation and submission requirements are stated as follows:

Factor (A) – Prequalification (Pass/Fail Criterion).

Factor (B) – Technical Approach Factor (C) - Past Performance Factor (D) - Price

B. Relative Importance of Evaluation Factors:

i). Factor (A) is of more importance than each of the Factors of (B) and (C). The technical / non-price evaluation Factors B and C are of equal importance. Factor (A) is rated on a Pass/Fail basis / criterion. A failure in Factor A renders the overall qualification as a vendor non-awardable and the quotation will not be evaluated any further.

ii). All technical / non-price evaluation factors (A – C), when combined, are significantly more important than price.

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5. ACQUISITION PROCEDURES:

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

The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary

A. The tradeoff process is selected as appropriate for this acquisition. The Government considers it to be in its best interest to allow consideration of award to other than the lowest priced Offeror or other than the highest technically rated Offeror.

B. Per Basis for Award, any quotation found to have a deficiency in meeting the stated solicitation requirements or performance objectives will be considered ineligible for an award unless the deficiency is corrected through discussions. A quotation with a non-price factor or a subfactor rating of Marginal or Unacceptable renders the overall technical quotation summary rating correspondingly as Marginal or Unacceptable unless the factor or subfactor rating is improved to a Satisfactory or higher rating through discussions.

C. According to FAR provision 52.217-5, Evaluation of Options, as prescribed by FAR 17.208 (c), the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s)

6. EVALUATION:

The Government intends to evaluate quotations and issue a delivery 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 detailed within the attached Statement of Work.

FACTOR A – PREQUALIFICATION:

1. The PREQUALIFICATION is defined as a Government requirement for testing or other quality assurance demonstration that must be completed before award.

2. SUBMITTAL REQUIREMENTS

Provide a current annual NIST Qualified Manufacturers List (QML) Certification Letter. This is a requirement that satisfies the proof of prequalification.

3. BASIS OF EVALUATION

An annual NIST Charpy Coordination Manager Certification Letter must be valid and current in order to receive a Passing rating for this factor. A failure in Factor A renders the overall qualification as a vendor non-awardable and the quotation will not be evaluated any further.

FACTOR B - TECHNICAL APPROACH:

1. The TECHNICAL APPROACH is defined as the vendor's demonstration of the understanding and capability to provide the required items as identified in the Statement of Work. This includes the

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this includes the required delivery schedule, installation, warranty, and all other requirements.

(a) Provide a plan of approach (use diagrams, tables, etc., when appropriate) describing the Offeror’s approach to accomplishing the requirements and achieve standards as prescribed in the Statement of Work (SOW). The plan of approach shall not be more than 30 total pages in length (Standard 8.5” x 11”, size 11 font). At a minimum, the technical approach shall specifically address the Offeror’s proposed approach to:

(i) Overall process for workflow;

(ii) Equipment calibration and maintenance as it applies to quality control;

(iii) Corrective action plan for deficient work;

(iv) Storage of Government Furnished Material (GFM);

(v) Proposed work schedule and timeframes for both pilot and production lots (including work completed by subcontractors);

(vi) Management of subcontractors, quality control, and mitigations for changes in subcontracting timelines; and

(vii) Identify the maximum production capacity (lots) per year the Offeror is capable of producing.

The Government will evaluate the Offeror's plan of approach to determine the extent of its understanding of the requirements and the ability of the proposed approach to successfully meet SOW requirements. Evaluation of this factor is a subjective evaluation of the Offeror’s understanding of the contract requirements (clauses, provisions and the SOW) and demonstrated ability to meet contract requirements and SOW performance Standards based on its technical approach. The evaluation will include an assessment of the Offeror’s proposed resources to meet the SOW requirements and the Offeror’s approach to measuring its own performance success based on SOW requirements, the plan of approach to the quality control.

FACTOR C – 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.

(a) The Offeror shall submit a maximum of three Past Performance submittals for a company / corporation for recent and relevant contracts. Each submittal may be either a Contract Performance Assessment Reporting System (CPARS) Evaluation Report document or a Past Performance Questionnaire Forms (PPQ), Attachment (D) to the RFQ. If a completed CPARS exists for a

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(b) A recent project is defined as work performed within five years of the date of the issuance of the RFQ. A relevant project is defined as a project of similar scope, size, and complexity as that of the solicitation SOW.

(c) The PPQ attachment included in the solicitation is provided for the Offeror to submit to current or previous clients to submit past performance information. The client may submit the completed PPQ directly to the Offeror for the Offeror to submit as part of the quotation.

(d) If the client chooses not to send the completed PPQ directly to the Offeror, the client may send the completed PPQ directly to the Government via email, mail, or fax. The Government point of contact (POC) is the Contracting Officer, MeeLondrell Lumpkin, (303) 497-5270, meelondrell.lumpkin@nist.gov, with a courtesy copy to Angela Hitt, Contract Specialist, (303) 497- 7503 at angela.hitt@nist.gov. For the PPQ to be considered as a part of the evaluation factor, the Government POCs must receive the PPQ no later than the quotation due date. It is the Offeror's responsibility to ensure that clients submit the PPQs in a timely manner to the Government POCs.

The Government reserves the right to consider or not consider any PPQ submitted by the client after the quotation due date.

(e) 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, Contractor Performance Assessment Reporting System (CPARS.gov) using CAGE/DUNS numbers of the prime Contractor including team members (partnership, joint venture, teaming arrangement, or parent company / subsidiary / affiliate) identified in the Offeror’s quotation; inquires of client/owner representative(s), and any other known sources not provided by the Offeror. The Government may review the past performance of a Joint Venture (JV) member that will perform under the contract irrespective of whether the past performance is from contract performance while a member of another JV, as a sub-contractor, any other teaming relationship, or in an individual corporate capacity. While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate, and complete past performance information rests with the Offeror.

(f) Failure to provide a POC that is accessible or failure to provide a correct, current phone number, fax number, and email address on a PPQ may result in a lower rating for this factor or lack of consideration of the PPQ.

(a) Evaluation of this factor is a subjective assessment of an Offeror’s Past Performance on recent and relevant contracts. Project recency and relevance will be considered in the evaluation of each project and in the overall factor assessment. Government reserves the right to consider or not consider any PPQ submitted by the client after the quotation due date. The Government will not consider any submittals above the maximum number allowable for an Offeror.

(b) The evaluation of past performance may include, but not be limited to, the areas of Contractor’s quality control and quality of work, schedule / timeliness of performance, management, utilization of small business (if appropriate), compliance with government laws, regulations, and procedures

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(c) The evaluation may also consider past performance information regarding predecessor companies and have relevant experience when such information is relevant to this procurement.

(d) The Government will review a maximum of five past performance submittals for non-JV/Partner Offerors. For JVs/Partnerships, the Government will review up to a maximum of three past performance submittals for each partner/JV member. In addition to the maximum submittals, the Government may review additional sources of past performance information, including but not limited to CPARS data.

(e) The Offeror shall be given an opportunity to clarify certain aspects of its quotation (e.g., adverse past performance information) to which the Offeror has not previously had an opportunity to respond or resolve minor or clerical errors.

(f) All past performance submittals which combine contracts (to increase the value) or are above the maximum number of contracts allowable will not be considered or evaluated by the Government.

No credit will be given for any such contracts.

(g) Offerors that submit past performance information on contracts performed by key personnel, a subsidiary, satellite office, or parent company, must explain how this office/person will participate in the performance of the RFQ project requirement. If it is not clear how this office/person will participate in the contract, the project will not be considered as a part of the quotation evaluation.

(h) Offerors lacking relevant past performance history will not be evaluated favorably or unfavorably in past performance and will receive a Neutral rating.

FACTOR 4 - 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.

(a) A list of line item number(s) and items, quantities, and units of measure (including option(s) and pricing for each CLIN (The Schedule); solicitation pages 59 or 60 in lieu of page 11.

(b) Completed Pricing Sheet using RFQ Attachments (A or B) Pricing Sheets in Excel format.

(c) The Government may require Offerors to submit additional supplemental pricing information if deemed necessary by the Government.

(d) Representations/ Certifications: Offeror shall complete the applicable provisions contained in

Section K - Representations, Certifications, and Other Statements of Offerors and return the section, in its entirety, as part of the price quotation volume. Offerors shall pay particular attention to the instructions in provision K.5, 52.212-3, Offeror Representations and Certifications—Commercial Items. Section K Representations, Certification and Other Statements of Offerors will not be rated as a part of the Price Factor; however, the information will be considered in assessing Offeror’s responsibility and completeness of the quotation submittal requirements.

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(e) The Government may request additional information such as the Offeror’s Latest Financial Statement for use in a responsibility determination.

Evaluation of this factor is a subjective evaluation of the vendor's demonstrated resources, capability, and methods to meet all requirements. Each price quotation will be evaluated to determine the reasonableness of the Offeror's quotations for the overall price based on CLINs X001a through X003a or X001 through X003. The price quotation will be evaluated but not given an adjectival rating. A price realism analysis will not be conducted. The price(s) quoted in response to the solicitation will be evaluated through price analysis. The Offeror’s price quotation shall also identify any requested payment schedule terms. One or more of the following techniques will be used to ensure a fair and reasonable price:

(a) Comparison of proposed prices received in response to the solicitation.

(b) Comparison of proposed prices with the IGCE.

(c) Comparison of proposed prices with available historical information.

(d) A price/cost that is found to be either unreasonably high or unrealistically 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.

(e) Whether real or apparent, any inconsistency between proposed 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 thoroughly documented.

(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 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 # 1333ND21QNB680212 and Subject Title: MACHINING AND HEAT TREATING OF CHARPY SPECIMENS IDIQ

2. All quotations shall include the following information:

(a) Information is enough to demonstrate you can meet or exceed the requirements in the

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Statement of Work.

(b) The quantities listed in the Schedule of Supplies are the Government’s best estimates based upon past experience. The Contractor will be paid based upon the actual accepted item/supplies as provided in the Statement of Work.

(c) All questions regarding this solicitation must be received via email to primary POC no later than Tuesday, July 6, 2021, at 8:00 AM, Mountain Time. No phone calls will be accepted. All questions shall be in writing using Attachment E – RFI Log. All responses will be provided in an amendment to the RFQ posted on SAM.gov.

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

(f) 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.

(g) COMPETITOR PRICES: The Government is unable to provide historical information on competitor's prices.

(h) 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.

(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, at meelondrell.lumpkin@nist.gov with a courtesy copy to Angela Hitt, Contract Specialist, at angela.hitt@nist.gov.

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: July 28, 2021 Time: 9:00 AM Mountain Time

(xvi) For information regarding this solicitation, contact MeeLondrell Lumpkin, Contracting Officer, at meelondrell.lumpkin@nist.gov with a courtesy copy to Angela Hitt, Contract Specialist, at angela.hitt@nist.gov.

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

ITEMS -- QUOTATION PREPARATION INSTRUCTIONS

(i) Offerors shall clearly demonstrate their ability to meet the technical requirements and delivery schedule as outlined in the associated solicitation.

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(ii) 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.

(iii) As set forth in FAR 52.212-1 (g), Contract award, the Government intends to evaluate quotations and anticipates awarding up to four contract awards under this RFQ. Still, it reserves the right to award fewer contracts. 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.

(iv) Please reference the Request for Quote (RFQ) number (1333ND21QNB680212) in the subject line of email communications. Offeror's quotations shall not be deemed received by the Government until the quotation is entered in the Contracting Officer’s email inbox: MeeLondrell Lumpkin, at meelondrell.lumpkin@nist.gov with a courtesy copy to Angela Hitt, Contract Specialist, at angela.hitt@nist.gov.

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

CRITERIA AND BASIS FOR AWARD

(i) 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.

(ii) 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 quotation pages shall be appropriately numbered and identified with the Offeror's name, the date, and the solicitation number.

IV. ADDENDUM TO FAR 52.212-3, OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS

(i) Offerors must electronically complete FAR provision 52.212-3, Offeror Representations and

Certifications—Commercial Items, at www.SAM.gov before submitting the quotation. After reviewing the SAM database information, the Offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________.

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V. ADDENDUM TO NIST LOCAL-39 MARKING/PACKING INSTRUCTIONS

(i) Reference the base Statement of Work PART 7 - MARKING AND PACKAGING DELIVERABLES. The most current Statement of Work incorporated by modification into the contract supersedes the previous version.

VI. ADDENDUM TO 1352.216-75 MINIMUM AND MAXIMUM CONTRACT AMOUNTS TO

REFERENCE MINIMUM GUARANTEE AND MAXIMUM CONTRACT VALUE

(ii) MINIMUM GUARANTEE: The Minimum Guarantee for each multiple award contract (MAC) contract award is $15,000.00 for the Base Period only.

(iii) MAXIMUM CONTRACT VALUE (CONSOLIDATED MULTIPLE AWARD): The maximum contract value for the MAC (consolidated total value of all contracts) is $5,000,000.00 for the total 60-month performance period. If the contract performance period is extended utilizing FAR 52.217- 8 ~ Option to Extend Services, the maximum contract value shall increase by $563,100.00 for a total 6-month extension (Consolidated MAC).

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

TITLE: MACHINING AND HEAT TREATING OF

CHARPY SPECIMENS INDEFINITE-DELIVERY/

INDEFINITE-QUANTITY (IDIQ)

0001 Charpy SRM Production

Complete Pricing Sheet using RFQ Attachments (A or B) Pricing Sheets in Excel format.

Schedule B to be formulized upon award.

PR NUMBER: NB647020-21-01355

DELIVERY DATE: 08/10/2022

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

325 BROADWAY

BOULDER CO 80305-3328

FOB : Destination

0.00 EA

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Table of Contents

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

52.202-1DEFINITIONS (JUN 2020)

52.203-3 GRATUITIES (APR 1984)

52.203-6RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN 2020)

52.203-17CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER

RIGHTS (JUN 2020)

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

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.204-10REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (JUN 2020)

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)

52.204-20PREDECESSOR OF OFFEROR (AUG 2020)

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

52.212-3OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (FEB 2021)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

52.232-15 PROGRESS PAYMENTS NOT INCLUDED (APR 1984)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

52.245-1 GOVERNMENT PROPERTY (JAN 2017)

52.245-9 USE AND CHARGES (APR 2012)

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

52.247-35 F.O.B. DESTINATION, WITHIN CONSIGNEE`s PREMISES (APR 1984)

52.209-1 QUALIFICATION REQUIREMENTS (FEB 1995)

First Article Approval-Contractor Testing Addendum

52.211-8 TIME OF DELIVERY (JUN 1997)

52.211-9 DESIRED AND REQUIRED TIME OF DELIVERY (JUN 1997)

52.211-16 VARIATION IN QUANTITY (APR 1984)

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)

52.212-5 Contract Terms and Conditions Addendum

52.216-18ORDERING (AUG 2020)

52.216-19 ORDER LIMITATIONS (OCT 1995)

52.216-22 INDEFINITE QUANTITY (OCT 1995)

52.216-27 SINGLE OR MULTIPLE AWARDS (OCT 1995)

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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

52.225-4BUY AMERICAN--FREE TRADE AGREEMENTS--ISRAELI TRADE ACT CERTIFICATE (FEB 2021)

52.225-4 IBUY AMERICAN--FREE TRADE AGREEMENTS--ISRAELI TRADE ACT CERTIFICATE (FEB 2021)--ALTERNATE I

(JAN 2021)

52.225-4 IIBUY AMERICAN--FREE TRADE AGREEMENTS--ISRAELI TRADE ACT CERTIFICATE (FEB 2021)--ALTERNATE II

(FEB 2021)

52.225-4 IIIBUY AMERICAN--FREE TRADE AGREEMENTS--ISRAELI TRADE ACT CERTIFICATE (FEB 2021)--ALTERNATE

III (FEB 2021)

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

1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

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Table of Contents

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

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

1352.215-73 EVALUATION QUANTITIES-INDEFINITE QUANTITY CONTRACT (APR 2010)

1352.216-74 TASK ORDERS (APR 2010)

1352.216-75 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (APR 2010)

1352.216-76 PLACEMENT OF ORDERS (APR 2010)

1352.233-70 AGENCY PROTESTS (APR 2010)

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

1352.242-70 POSTAWARD CONFERENCE (APR 2010)

1352.245-70 GOVERNMENT FURNISHED PROPERTY (APR 2010)

1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

1352.270-70 PERIOD OF PERFORMANCE (APR 2010)

NIST LOCAL-22ORDERING PROCEDURES UNDER MULTIPLE AWARD CONTRACTS

NIST LOCAL-35TASK ORDER PROCEDURES

NIST LOCAL-39MARKING/PACKING INSTRUCTIONS

NIST LOCAL-47POINT OF CONTACT/ORDER CONTACT (POC)

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

NIST LOCAL-55ELECTRONIC BILLING INSTRUCTIONS FOR DELIVERY/TASK ORDERS

ATCH A - STATEMENT OF WORK

ATCH B - PRICING SCHEDULE

ATCH C - PRICING SCHEDULE

ATCH D- PAST PERFORMANCE QUESTIONNAIRE

ATTACHMENT E - RFI LOG

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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 https://www.acquisition.gov/car

(End of Provision)

52.202-1 DEFINITIONS (JUN 2020)

(Reference 52.202-1)

52.203-3 GRATUITIES (APR 1984)

(Reference 52.203-3)

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN 2020)

(Reference 52.203-6)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS (JUN 2020)

(Reference 52.203-17)

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

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

(Reference 52.204-7)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (JUN 2020) (Reference 52.204-10)

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)

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

52.204-20 PREDECESSOR OF OFFEROR (AUG 2020)

(Reference 52.204-20)

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

(Reference 52.212-1)

PAGE 15 OF 68 1333ND21QNB680212

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (FEB 2021)

(Reference 52.212-3)

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 https://www.acquisition.gov/car

(End of Clause)

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

(Reference 52.212-4)

52.232-15 PROGRESS PAYMENTS NOT INCLUDED (APR 1984)

(Reference 52.232-15)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

(Reference 52.232-39)

52.245-1 GOVERNMENT PROPERTY (JAN 2017)

(Reference 52.245-1)

52.245-9 USE AND CHARGES (APR 2012)

(Reference 52.245-9)

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

(Reference 52.247-34)

52.247-35 F.O.B. DESTINATION, WITHIN CONSIGNEE`s PREMISES (APR 1984) (Reference 52.247-35)

52.209-1 QUALIFICATION REQUIREMENTS (FEB 1995)

(a) "Definition." "Qualification requirement," as used in this clause, means a Government requirement for testing or other quality assurance demonstration that must be completed before award.

(b) One or more qualification requirements apply to the supplies or services covered by this contract. For those supplies or services requiring qualification, whether the covered product or service is an end item under this contract or simply a component of an end item, the product, manufacturer, or source must have demonstrated that it meets the standards prescribed for qualification before award of this contract. The product, manufacturer, or source must be qualified at the time of award whether or not the name of the product, manufacturer, or source is actually included on a qualified products list, qualified manufacturers list, or qualified bidders list.

Offerors should contact the agency activity designated below to obtain all requirements that they or their products or services, or their subcontractors or their products or services, must satisfy to become qualified and to arrange for an opportunity to demonstrate their abilities to meet the standards specified for qualification.

NIST Charpy Coordinator

(c) If an offeror, manufacturer, source, product or service covered by a qualification requirement has already met the standards specified, the relevant information noted below should be provided.

PAGE 16 OF 68 1333ND21QNB680212

(to the extent known)

(d) Even though a product or service subject to a qualification requirement is not itself an end item under this contract, the product, manufacturer, or source must nevertheless be qualified at the time of award of this contract. This is necessary whether the Contractor or a subcontractor will ultimately provide the product or service in question. If, after award, the Contracting Officer discovers that an applicable qualification requirement was not in fact met at the time of award, the Contracting Officer may either terminate this contract for default or allow performance to continue if adequate consideration is offered and the action is determined to be otherwise in the Government`s best interests.

(e) If an offeror, manufacturer, source, product or service has met the qualification requirement but is not yet on a qualified products list, qualified manufacturers list, or qualified bidders list, the offeror must submit evidence of qualification prior to award of this contract. Unless determined to be in the Government`s interest, award of this contract shall not be delayed to permit an offeror to submit evidence of qualification.

(f) Any change in location or ownership of the plant where a previously qualified product or service was manufactured or performed requires reevaluation of the qualification. Similarly, any change in location or ownership of a previously qualified manufacturer or source requires reevaluation of the qualification. The reevaluation must be accomplished before the date of award.

PAGE 17 OF 68 1333ND21QNB680212

First Article Approval-Contractor Testing Addendum

PAGE 18 OF 68 1333ND21QNB680212

52.209-3 First Article Approval-Contractor Testing. (SEPT 1989) Addendum

(a) The Contractor shall test 100 unit(s) of Lot/Item as assigned by the Charpy Coordinator as specified in this contract. At least Z+60 (Dynamic Schedule) calendar days before the beginning of first article tests, the Contractor shall notify the Contracting Officer, in writing, of the time and location of the testing so that the Government may witness the tests. Due to the nature of pilot lots, the only alternative the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. No more than three attempts at producing a successful pilot lot will be permitted.

(b) The Contractor shall submit the first article test report within Z+60 (Dynamic Schedule) calendar days from the date of this contract to NIST, 325 BROADWAY, ATTN: DIVISON 347 CHARPY COORDINATOR, BOULDER, CO 80305 marked "First Article Test Report: Contract No. SPECIFY IDIQ CONTRACT NUMBER, Lot/Item No. DELIVERY ORDER NUMBER and as assigned by the Charpy Coordinator per Statement of Work Section 7" Within Z+60 (Dynamic Schedule) calendar days after the Government receives the test report, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.

(c) If the first article is disapproved, the Contractor, upon Government request, shall repeat any or all first article tests. After each request for additional tests, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall then conduct the tests and deliver another report to the Government under the terms and conditions and within the time specified by the Government. The Government shall take action on this report within the time specified in paragraph (b) of this subsection. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule, or for any additional costs to the Government related to these tests.

(d) If the Contractor fails to deliver any first article report on time, or the Contracting Officer disapproves any first article, the

Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract.

(e) Unless otherwise provided in the contract, and if the approved first article is not consumed or destroyed in testing, the Contractor may deliver the approved first article as part of the contract quantity if it meets all contract requirements for acceptance.

(f) If the Government does not act within the time specified in paragraph (b) or (c) of this subsection, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay.

(g) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for (1) progress payments, or (2) termination settlements if the contract is terminated for the convenience of the Government.

(h) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the offeror/contractor and have been accepted by the Government. The offeror/contractor may request a waiver.

(End of clause)

52.211-8 TIME OF DELIVERY (JUN 1997)

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

Required Delivery Schedule The maximum time allowed for an individual lot is 281 days, based on the allowed number of resubmissions (Section 8 and 9) of the Statement of Work.

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

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

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

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

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

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

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

52.211-9 DESIRED AND REQUIRED TIME OF DELIVERY (JUN 1997)

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

Desired Delivery Schedule

If the offeror is unable to meet the desired delivery schedule, it may, without prejudicing evaluation of its offer, propose a delivery schedule below. However, the offeror`s proposed delivery schedule must not extend the delivery period beyond the time for delivery in the Government`s required delivery schedule as follows:

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Required Delivery Schedule The maximum time allowed for an individual lot is 281 days, based on the allowed number of resubmissions (Section 8 and 9) per the Statement of Work.

Offers that propose delivery of a quantity under such terms or conditions that delivery will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. If the offeror proposes no other delivery schedule, the desired delivery schedule above will apply.

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

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

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

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

(2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.)

If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

52.211-16 VARIATION IN QUANTITY (APR 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) of this clause.

(b) The permissible…