1333ND22QNB190434.pdf

RFQ IFB RFP

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

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

DATE

7. FOR SOLICITATION

INFORMATION CALL:

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

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODEFACILITY

CODE

CODE

TELEPHONE NO.

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

OFFER

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

BELOW IS CHECKED

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

DATED . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

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

17a CONTRACTOR/

OFFEROR.

CODE

8 (A)

SIZE STANDARD:

NAICS:

% FOR:SET ASIDE:UNRESTRICTED OR

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

10. THIS ACQUISITION IS

EDWOSB

SMALL BUSINESS PROGRAM

NB192020-22-02601

1333ND22QNB190434

AUG 19, 2022

JULIE MORRIS

JULIE.MORRIS@NIST.GOV 303-497-5417

10:00 AM MT

000014

NATIONAL INST OF STDS AND TECHNOLOGY

325 BROADWAY

BOULDER CO 80305-3328

325120

000014

NATIONAL INST OF STDS AND TECHNOLOGY

325 BROADWAY

BOULDER CO 80305-3328

see continuation page for line item details.

See Schedule

SEP 02, 2022

Please

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

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

36. PAYMENT

COMPLETE PARTIAL FINAL

1333ND22QNB190434

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Provide the necessary personnel, material, equipment, services, and facilities to supply Liquid Helium (LHe) in 100 and 250 liter contractor-owned dewars, on an as-needed basis for the NIST Boulder campus, in accordance with the Statement of Work.

Provide the unit prices for Liquid Helium:

100 Liter dewars: $__________

(The estimated 12 month usage of 100-liters is 78.)

250 Liter Dewars: $__________

(The estimated 12 month usage of 250-liters is 13.)

Period of Performance: 10/01/2022 to 09/30/2023

1.00 LS

PAGE 3 OF 37 1333ND22QNB190434

Table of Contents

Addendum to 52.212-1 & 52.212-2

Attachment 1 Delivery Times

Statement of Work

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

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

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

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

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

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

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

52.204-23PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY

KASPERSKY LAB AND OTHER COVERED ENTITIES (NOV 2021)

52.204-25PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (NOV 2021)

52.212-1INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

52.212-4CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

52.232-40PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (NOV 2021)

1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

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

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

(NOV 2021)

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

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

52.212-2EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

52.212-3OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY

2022)

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

PRODUCTS AND COMMERCIAL SERVICES (MAY 2022)

52.225-18 PLACE OF MANUFACTURE (AUG 2018)

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

1352.223-99ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS (OCT 2021) (DEVIATION).35

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)

1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

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

NIST LOCAL-54ELECTRONIC BILLING INSTRUCTIONS

PAGE 4 OF 37 1333ND22QNB190434

CLAUSES

Addendum to 52.212-1 & 52.212-2

PAGE 5 OF 37 1333ND22QNB190434

Addendum to 52.212-1, Instructions to Offerors –Commercial Items.

The offeror shall include a technical and pricing portion of the submittal for this acquisition. The technical portion of the response shall consist of the offeror addressing each of the factors described below. The offeror shall indicate the company's capabilities and the means to be used to satisfy the requirements of the Statement of Work. The pricing portion of the response shall consist of a breakdown of the pricing described below.

Once the solicitation is closed, the Government intends to award a contract without further communication with respective Offerors. The Government, however, reserves the right to conduct negotiations if deemed in its best interest.

Offer Volume Requirements:

NIST requires one (1) submission via email.

NIST requires two (2) separate volumes for this requirement:

Volume 1 – Technical Offer:

Consists of the actual offer in response to technical capability, product quality, and performance in accordance with their ability to enter into a contract to perform the desired work. The quote shall not merely offer to perform work in accordance with the statement of work but shall outline the actual work proposed as specifically as practical. The statement of work reflects the objective of the program under consideration; therefore, repeating the statement of work without sufficient elaboration will not be acceptable. The Technical Capability portion of the quote is limited to 10 single sided pages (or 5 double sided pages.) in no smaller than 11 font.

Volume 2 – Price:

Response to price. The offeror shall fill out the unit prices for 100L and 250L liquid helium listed in the description of CLIN 0001.

Volume 1: Technical Evaluation Criteria:

Factors 1 is Acceptable/Unacceptable factor, failure to receive an acceptable rating on factor 1 will result in your quote being eliminated and will not receive further consideration for an award.

Factor 1: Technical Capability Acceptable/Unacceptable

Offeror shall submit no more than ten (10) single sided pages demonstrating their understanding of the requirement which shall include all aspects of the job as described in the statement of work. Simply restating the statement of work is not sufficient to demonstrate technical capability.

a. Delivery Times: The offeror shall demonstrate their current dewar fleet as it applies to the NIST Boulder requirement, as well as any plans and timeframe to purchase additional dewars needed to fulfill this requirement. The offeror shall demonstrate their ability to

PAGE 6 OF 37 1333ND22QNB190434

meet the delivery needs as outlined in the statement of work, including Emergency Deliveries. The offeror shall fill out the delivery times in Attachment 1.

b. Quality Control: The narrative shall address the offeror’s approach to ensuring quality control throughout the process from receipt of orders to delivery of liquid helium, including the process followed when filling a cylinder.

Volume II: Factor 2: Price

The offeror shall submit a price for each of the gases listed in Attachment 1 and CLIN 0001.

PAGE 7 OF 37 1333ND22QNB190434

52.212-2 Evaluation—Commercial Items.

(a) The award will be made to the vendor whose submission represents the best value to the Government. This is a competitive best value source selection utilizing Lowest Price Technically Acceptable (LPTA) source selection procedures in accordance with FAR 15.101-2 for award of this agreement. The following factors shall be used to evaluate offers:

Factor 1: Technical Capability Acceptable/Unacceptable Submittals will be used as a means to subjectively evaluate the offerors demonstrated ability to meet the contract requirements (clauses, provisions, and statement of work) and demonstrated ability to successfully complete all required tasks, supply all required products and equipment, perform all required maintenance, and supply all required dewar sizes.

Factor 2: Price The price quotes will be evaluated to determine the reasonableness of the overall price and the individual product pricing. The government will perform an analysis of all item pricing. Analysis will be performed by one or more of the following techniques to ensure a fair and reasonable price.

(i) Comparison of proposed prices received in response to the RFQ.

(ii) Comparison of proposed prices with the IGCE.

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

(iv) 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 quote being considered unacceptable.

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

Award will be made based on the lowest evaluated price of quotes meeting the acceptability standards for non-price factors.

(b) 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.

Attachment 1 Delivery Times

PAGE 8 OF 37 1333ND22QNB190434

NIST Product Description Cylinder Size Minimum Purity Standard Delivery Time

(calendar days)

Cryogens Liquid Helium 100 L 99.998 Liquid Helium 250 L 99.998

Statement of Work

PAGE 9 OF 37 1333ND22QNB190434

Boulder Statement of Work

Liquid Helium Delivery

BACKGROUND

Liquid helium (LHe) is used for cryogenic applications across the National Institute of Standards and Technology (NIST) (including standards development and dissemination, initiatives, Innovations in Measurement Science (IMS) projects, and other agency projects). LHe has several unique properties, including an extremely low boiling point and its non-reactivity, so it cannot be replaced by other gases easily.

Helium is a non-renewable resource that is only found naturally in some natural gas deposits. Therefore, the LHe supply is limited, both in quantity and location. LHe is volatile and must be used within a narrow window of time from delivery, typically within one to two weeks before significant loss of product.

OBJECTIVE

The Contractor shall furnish the necessary personnel, material, equipment, services, and facilities to supply LHe in 100, and 250-liter contractor-owned dewars, on an as-needed basis.

GENERAL REQUIREMENTS

Dewar size indicates product capacity of the dewar. The Contractor shall be paid for the quantity of LHe actually ordered and delivered. Rental charges shall be paid in accordance with the timelines and rates negotiated.

The Contractor shall provide all services that are required to comply with applicable regulations, specifications, and normal good practices and standards of the Compressed Gas Association.

NIST consists of multiple buildings and laboratories spread across an extensive campus. LHe orders shall be placed by NIST authorized personnel and will serve the entire NIST complex. Personnel placing orders will not be the end-user ultimately utilizing the LHe.

Many of the end-users for the LHe are researchers that do not have specific knowledge of the general ordering and receiving process. The end-user is the scientist or technical representative at NIST for whom the specific delivery is intended. Authorized personnel placing orders are employees of NIST’s Facilities Services Division.

LHe orders shall be delivered to NIST’s central drop off sites. Empty dewars shall be picked up at the same facility. The Contractor shall deliver to and pick-up from the central drop of sites located at, 325 Broadway, Boulder, CO.

The following designated delivery areas are established:

� Drop off/Pick up location 1: Bldg. 1 Wing 2 � Drop off/Pick up location 2: Bldg. 1 Wing 3 � Drop off/Pick up location 3: Bldg. 1 Wing 6 � Drop off/Pick up location 4: Bldg. 2/81 Dock � Drop off/Pick up location 5: Bldg. 2 Annex � Drop off/Pick up location 6: Bldg. 24 � Drop off/Pick up location 7: Bldg. 12 � Drop off/Pick up location 8: Bldg. 5

PAGE 10 OF 37 1333ND22QNB190434

� Drop off/Pick up location 9: Contact: Allen Wayde, Table Mountain 8600 N. 39 th St. Longmont, CO. 80503 Material shall be packed for shipment in such a manner that will ensure safe delivery at destination. All vessels must be able to be safely used in the condition that they are delivered. Containers and closures shall comply with ICC regulations, Uniform Freight Classification rules, or regulations of other carriers, as applicable to the mode of transportation.

SPECIFIC REQUIREMENTS

1. LIQUID HELIUM PURITY

Purity of the LHe shall be a minimum of 99.998%;

2. DEWAR USAGE CHARGES

The Contractor shall deliver the actual number of dewars ordered in the 100 L, and 250 L. The Government shall pay the Contractor a flat monthly fee for unlimited use of dewars.

To the maximum extent practicable, the Government will return the dewars to the Contractor within 30 days from the date of delivery.

3. DEWAR REQUIREMENTS

3.1 Dewars shall have no icing or frost caused by dewar malfunction on them at delivery;

3.2 All valves shall open and close easily and seal completely;

3.3 Over-pressure valves and road relief valves shall be fitted and operate at the manufacturer-recommended nominal pressures;

3.4 Dewars shall have a working pressure gauge;

3.5 Dewars shall be delivered with an over-pressure valve in the open position, to avoid an unsafe buildup of large pressure;

3.6 Dewars shall have mechanical movement (wheels and travel) that is smooth and uninterrupted;

3.7 Dewars shall include all seals & fittings. All seals in the dewar and fittings shall be in good condition and create a complete seal, i.e. no cracks in the seals;

3.8 All 100-liter dewars shall be supplied with ½ inch Goddard Compression fitting connectors, or equivalent;

All 250-liter dewars shall be supplied with the fittings specified above plus a 3/4- inch Goddard compression fitting or connector, or equivalent;

These compression fittings shall be supplied with Teflon O-rings.

PAGE 11 OF 37 1333ND22QNB190434

3.9 All dewars shall be provided with nominal liquid level to volume calibration charts. These charts must be legible. This chart is for the convenience of the end-user and is not used for weight determination of delivered product;

3.10 Dewars shall be provided with eye hooks along the supports for the top O-ring (halo ring). Dewars shall provide 2 or 3 eye hooks, whichever is applicable to the dewar’s manufacture. Welds shall be solid or bolts shall be tight, whichever is relevant to the particular dewar . The Contractor shall not be held liable for any damage resulting from use of these eye hooks for lifting the dewar. The liability for lifting dewars by these eye hooks shall rest with NIST;

3.11 All dewars shall have a maximum helium loss rate per day of the following:

100 L dewar – less than 2 percent per day; and 250 L dewar – less than 2 percent per day.

3.12 Dewars shall be delivered with a minimum volume in accordance with the following:

A 100 L dewar shall have no less than 85 L; and A 250 L dewar shall have no less than 237 L.

3.13 All 100-liter dewars shall be supplied with a 2.5-inch Ladish flange, or equivalent. This flange is called a 2.5-inch flange though its outside diameter is 3.068 inches. The flange must work when the NIST scientists clamp their equipment onto the dewar flange using the dewar’s clamp. The flange on the NIST equipment is a 2.5-inch Ladish flange. When connected, the seal is helium leak-tight and capable of holding an internal pressure of 5 psi;

3.14 All dewars shall be supplied with permanently attached wheels;

3.15 The Contractor shall deliver each dewar with a status ticket attached. The ticket must be cardboard, have perforated tabs, and be preprinted Full/In Use/Empty. This ticket shall be utilized internally by the NIST end-user, in the lab environment, to indicate the usage status of the dewar;

3.16 Dewars shall be of non-magnetic construction;

3.17 Tare weights shall be indicated on dewars;

3.18 Dewars which are returned due to defects must have the noted defect repaired before return to service at

NIST;

3.19 If contamination is discovered in the bottom of the dewar, the Government shall notify the Contractor in accordance with Section 5 of the statement of work. The Contractor shall clean the dewar to alleviate this problem within a period not-to-exceed 30 days;

3.20 The Contractor shall replace any dewar not meeting the requirements herein at no additional charge to the Government. This includes charges for LHe, and delivery.

The replacement shall be provided on the next day, or on an alternate date as approved by the end-user.

Delivery other than the next day must be approved, in advance, by the end-user. Communication with

PAGE 12 OF 37 1333ND22QNB190434

respect to an alternate delivery day will be made by NIST authorized personnel. The Contractor shall not contact the end-user directly.

3.21 If the dewar or its contents present a safety hazard to NIST personnel or property, the Contractor, upon notification by NIST, shall take action to remove or mitigate the hazard in a timeframe appropriate to the hazard identified.

3.22 The Contractor shall provide Teflon O-ring fittings on all dewars. The Contractor shall utilize ½” Teflon O-rings on all dewars and ½” and 3/4” Teflon O-rings for 250-liter dewars.

4. SPECIALTY DEWARS

The Contractor shall have the capability to supply specialty dewars. These dewars are only needed on occasion. Specialty dewars shall be tagged with the end-user’s name prior to delivery. The end-user’s name shall be provided to the Contractor when the order is placed. To the maximum extent practicable, NIST shall provide the contractor a one (1) week advance notice when ordering these dewars, however, no additional charge shall apply if a one-week notice cannot be provided;

4.1 Wide mouth, 100-liter dewars. These dewars shall have a minimum opening of 2 inches to allow the use of cryogenic inserts.

4.2 Purged 100-liter dewars. These dewars shall be thoroughly purged with clean helium gas to remove all contaminants (i.e. water and air) that may have accumulated inside the dewar prior to filling with LHe.

5. NON-CONFORMANCE WITH SPECIFICATION & IDENTIFICATION OF DEWAR

MALFUNCTION

The Contractor shall utilize the NIST-supplied defective dewar tagging system by which end-users can:

(1) Identify dewar malfunctions and any dewar issues that do not conform to the requirements of Section 3;

(2) Report the dewar malfunctions and issues to the Contractor; and

(3) Return the dewar to the Contractor.

Non-conformance with specification or dewar malfunction does not necessarily imply that the dewar could not be used or that it must be replaced immediately as a defective dewar. The dewar in question must have the noted condition rectified before it is returned to NIST.

Use of this tag shall initiate the return process. The defective dewar tag is adhesive-backed and will be affixed by the end user to the top surface of the dewar. The end user does not have any further obligation in the return or return authorization process. NIST does not have any further obligation in the return or return authorization process. The Contractor shall be 100% responsible for the return authorization and the return. Follow-up information regarding returned dewars shall be provided by the Contractor to the Contracting Officer’s Representative (COR) and the Contract Specialist, not the end user reporting the problem.

Dewar problems shall be documented by NIST Authorized Personnel, and communicated to the COR and the Contract Specialist as problems are identified.

PAGE 13 OF 37 1333ND22QNB190434

6. RECORDS OF DEWAR SERVICE

Records of dewar servicing shall be maintained and shall be made available to the COR, the NIST Contracting Officer or other contracting personnel upon request. Service records may be requested in the event a single dewar has repeated malfunctions.

7. REGULAR DELIVERY SCHEDULE

NIST will order LHe one time per week, with delivery occurring one time per week. NIST will provide a week lead time for Wednesday deliveries . The schedule shall be to place orders on a Wednesday for the next Wednesday delivery and. Orders shall be placed by phone or e-mail, by authorized NIST personnel or Acquisition Management personnel, not later than 1:30 PM Mountain Time.

Deliveries shall be completed not earlier than 7:00 AM and not later than 3:30 PM Mountain Time. NIST prefers that deliveries be completed between 9:00 AM and 11:30 AM Mountain Time unless the Contractor is otherwise advised by the COR, Contracting Officer in Acquisition Management Division (AMD) Delivery terms shall be FOB DESTINATION for all deliveries.

If NIST is scheduled for closure for any reason on order or delivery days, the following schedule shall apply. Scheduled closures include Federal holidays.

If the closed date falls on an order date, then the order will be placed on the first business day prior to the normal order date.

If the closed date falls on a delivery date, then the delivery will be scheduled for the first business day following the normal delivery date.

If NIST is closed due to national emergency, inclement weather or for any other unscheduled closure on order or delivery days, ordering or delivery shall occur on the following business day. The Contractor may call the NIST status line at 303-497-4000 to determine whether NIST is open for deliveries. This status line can be expected to be updated starting at 6 AM on any given regular business day.

To the maximum extent practicable, pick-up of empty dewars shall be coordinated with deliveries, however, the Contractor may pick-up at an alternate date. The Contractor’s delayed pick-up shall not be a basis for rental charges being incurred by the Government.

8. EMERGENCY DELIVERIES

8.1 The Contractor must have the capability to provide emergency deliveries of LHe on days and times other than under the regular delivery schedule discussed in Section 7.

An emergency delivery results when an order is placed after 3:00 PM on any day of the week.

8.2 Orders for emergency deliveries shall be placed by NIST authorized callers during normal business hours.

Emergency deliveries are expected preferably within 24 hours but no later than 48 hours from the request, including weekends and holidays, unless otherwise directed by the Government.

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The procedures and delivery requirements for emergency deliveries are the same as for regular deliveries except that the delivery is not for a regularly scheduled delivery day and access to the campus would have to be granted through the NIST Visitor Center if the delivery day falls on a weekend or holiday.

8.3 The Contractor’s fee schedule shall include a flat fee for Emergency Delivery as appropriate. The fee is per delivery, not per dewar.

This fee shall be structured for the base period and all option periods.

9. INSPECTION AND ACCEPTANCE

Weight measurement shall be performed at NIST, by Contractor personnel, at the NIST dock. NIST delivery personnel shall witness the weight measurement and document the total weight and tare weight. The liquid helium product weight (total – tare) shall be the LHe volume that will be paid by NIST.

The product weight will be provided to the Contractor’s personnel for use by the Contractor when invoicing. NIST will not accept a weight determination from the Contractor’s site.

10. CONFIRMATION OF SERVICE DURING PRODUCT SHORTAGE PERIOD

The Contractor shall maintain procedures to continue service to NIST in the event of a product shortage.

All shortages and any potential impact to price must be communicated to the Contract Specialist and the COR, via e-mail or other written form, not later than 24 hours after the shortage is identified.

Daily updates shall be provided to the Contract Specialist and COR via e-mail or telephone.

In accordance with Bureau of Land Management In-Kind Crude Helium Sales Contracts, the Contractor is required to provide priority service to the Government at all times over non-Government requirements.

Such priority requirements of the Government or occasions of force majeure may cause delay or deferral of shipment of any refined helium deliveries by the Supplier for non-Government requirements.

11. SECURITY REQUIREMENTS

The Contractor shall maintain a current list of drivers with the NIST Police.

During regular business hours, delivery drivers shall produce current, valid photo identification.

12. PROOF OF DELIVERY

A delivery ticket shall be provided with every delivery. The delivery ticket shall include, at a minimum:

-Contract Number;

-Delivery ticket number;

-Number of dewars by size and serial number of each dewar;

-Date of delivery.

The Government will document the total weight on the delivery ticket after all weight determinations are complete.

13. SEMI-ANNUAL MEETINGS

PAGE 15 OF 37 1333ND22QNB190434

The Contractor’s performance shall be monitored by the COR and the Contract Specialist. Compliance and non-compliance with specifications shall be documented. It is the Government’s intent to work with the Contractor to achieve 100% problem-free performance.

The COR and the Contract Specialist will meet with the Contractor on a semi-annual basis at a minimum to review documentation of dewar malfunctions and documented occurrences of dewars not meeting the specifications required in Section 3. This forum shall provide the Contractor an opportunity to discuss and/or dispute any documentation presented by the Government for that performance period. These meetings may be expanded to include the NIST user community to allow the Contractor an opportunity to discuss concerns and compliments directly with the users.

The Government will provide a final review of the Contractor’s performance through the Contractor Performance Assessment Reporting System (CPARS) on an annual basis.

14. COMMUNICATION

In the event of any required change by the Contractor to any scheduled delivery and/or the number of dewars being delivered, Contractor Key Personnel must notify the Government immediately upon learning of the change.

Telephone notification may be provided to the COR. The telephone notification must be followed–up with an email to, at a minimum, the COR, within 30 minutes of the telephone notification. If the Contractor’s Project Manager (PM) is not the originator of the email, the PM must provide their written email concurrence in response to the email sent by Contractor Key Personnel.

The telephone and email notifications must identify the impact to the delivery including the actual number and sizes of dewars being delivered, the estimated time of arrival and the basis for the delay.

Notification must take place as soon as possible, before 9:00 AM is preferred, and be updated every two hours (via email) with the estimated time of arrival. Updates must be sent to the COR. Authorized NIST personnel may also be updated.

The COR will provide instructions to Contractor Key Personnel with respect to required action to be taken. It will be the responsibility of the NIST COR to establish an internal line of communication among Authorized NIST Delivery Personnel. NIST will be responsible for the guidance provided by authorized personnel.

The Contractor must ensure that all key personnel are adequately informed and convey accurate and timely information. It will be the responsibility of the Project Manager to establish an internal line of communication with key personnel. The Contractor shall be responsible for the information provided by their key personnel.

15. INVOICING & PAYMENT

The Contractor shall submit an invoice monthly. In addition to the information required by NIST LOCAL CLAUSE 54, the invoice shall include:

-Total number of 100, and 250-liter dewars delivered;

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NOTE: Copies of delivery tickets may be attached to the invoice;

-Total number of liters of LHe delivered based on Government furnished weights provided at the time of delivery;

-Delivery ticket numbers for all deliveries that are being invoiced;

-Monthly rental fee for dewars;

-Fees associated with Emergency deliveries, as appropriate.

-Dates of deliveries shall be provided.

Payment shall be made upon submission of a proper invoice in accordance with Net 30-day payment terms.

16. PLACE OF PERFORMANCE

325 Broadway Boulder, CO 80305

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)

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

(Reference 52.204-9)

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)

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY

KASPERSKY LAB AND OTHER COVERED ENTITIES (NOV 2021)

(Reference 52.204-23)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (NOV 2021)

(Reference 52.204-25)

***See ADDENDUM to 52.212-1 & 52.212-2***

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) (Reference 52.212-1)

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) (Reference 52.212-4)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (NOV 2021) (Reference 52.232-40)

1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

(Reference 1352.209-73)

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

(Reference 1352.209-74)

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

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

EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services"

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in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision- Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section;

and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that-- It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable);

or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors

PAGE 18 OF 37 1333ND22QNB190434

relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable);

or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End Of Provision)

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

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry'' have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c) Representations. (1) The Offeror represents that it [ ] does, [ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ] does, [ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) Definitions. As used in this provision-- "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

"Federal contracts and grants with total value greater than $10,000,000" means--

(1) The total value of all current, active contracts and grants, including all priced options;

and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

"Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

PAGE 19 OF 37 1333ND22QNB190434

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of provision)

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(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: *See Addendum to 52.212-1 & 52.212-2* ___________________________________________ [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.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

(a) Definitions. As used in this provision-- "Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Economically disadvantaged women-owned small business (EDWOSB)concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

PAGE 20 OF 37 1333ND22QNB190434

"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

"Inverted domestic corporation," means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components,…