1333ND24QNB180468.pdf

RFQ IFB RFP

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

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

DATE

7. FOR SOLICITATION

INFORMATION CALL:

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

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODEFACILITY

CODE

CODE

TELEPHONE NO.

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

OFFER

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

BELOW IS CHECKED

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

DATED . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

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

17a CONTRACTOR/

OFFEROR.

CODE

8 (A)

SIZE STANDARD:

NAICS:

% FOR:SET ASIDE:UNRESTRICTED OR

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

10. THIS ACQUISITION IS

EDWOSB

SMALL BUSINESS PROGRAM

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

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

36. PAYMENT

COMPLETE PARTIAL FINAL

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NTE NTE

0001 Compute

PR NUMBER: NB187000-24-02096

DELIVERY DATE: 08/20/2024

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

BUILDING 301 SHIPPING AND RECEIVING

100 BUREAU DRIVE

GAITHERSBURG MD 20899-0001

1.00 LO

NTE NTE/OPT

0002 Storage

PR NUMBER: NB187000-24-02096

DELIVERY DATE: 08/20/2024

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

BUILDING 301 SHIPPING AND RECEIVING

100 BUREAU DRIVE

GAITHERSBURG MD 20899-0001

Period of Performance: 09/01/2025 to 08/31/2026

1.00 LO

NTE NTE/OPT

0003 Research Software Engineering (RSE) Services

PR NUMBER: NB187000-24-02096

DELIVERY DATE: 08/20/2024

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

BUILDING 301 SHIPPING AND RECEIVING

100 BUREAU DRIVE

GAITHERSBURG MD 20899-0001

Period of Performance: 09/01/2026 to 08/31/2027

1.00 LO

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Table of Contents

Statement of Work

52.203-3 GRATUITIES (APR 1984)

52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP

2007)

52.203-12LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN 2020)

52.204-4{52.204-4} [RESERVED]

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)

52.204-17OWNERSHIP OR CONTROL OF OFFEROR (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)

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

(NOV 2021)

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

EQUIPMENT (NOV 2021)

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

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-REPRESENTATION (NOV 2015)... 10

52.209-5CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER

ANY FEDERAL LAW (FEB 2016)

52.212-1INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)

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

ADDENDUM TO FAR PROVISIONS 52.212-1 & 52.212-2

Price Quoting Matrix

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

2024)

52.212-4CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

52.216-31TIME-AND-MATERIALS/LABOR-HOUR PROPOSAL REQUIREMENTS -- COMMERCIAL ACQUISITION (NOV 2021)... 21

52.223-5POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2024)

52.223-6{52.223-6} [RESERVED]

52.224-1 PRIVACY ACT NOTIFICATION (APR 1984)

52.224-2 PRIVACY ACT (APR 1984)

52.227-1AUTHORIZATION AND CONSENT (JUN 2020)

52.227-2NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (JUN 2020)

52.227-3 PATENT INDEMNITY (APR 1984)

52.227-14 RIGHTS IN DATA--GENERAL (MAY 2014)

52.227-17 RIGHTS IN DATA--SPECIAL WORKS (DEC 2007)

52.232-7PAYMENTS UNDER TIME-AND-MATERIALS AND LABOR-HOUR CONTRACTS (NOV 2021)

52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

52.232-25 PROMPT PAYMENT (JAN 2017)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

52.232-40PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (MAR 2023)

52.233-1 DISPUTES (MAY 2014)

52.233-3 PROTEST AFTER AWARD (AUG 1996)

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Table of Contents

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984)

52.237-3 CONTINUITY OF SERVICES (JAN 1991)

52.242-13 BANKRUPTCY (JUL 1995)

52.242-15 STOP-WORK ORDER (AUG 1989)

52.242-17GOVERNMENT DELAY OF WORK (APR 1984)

52.245-1GOVERNMENT PROPERTY (SEP 2021)

52.245-9 USE AND CHARGES (APR 2012)

52.246-4 INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996)

52.246-6 INSPECTION--TIME-AND-MATERIAL AND LABOR-HOUR (MAR 2001)

52.246-15 CERTIFICATE OF CONFORMANCE (APR 1984)

52.249-14 EXCUSABLE DELAYS (APR 1984)

52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

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

1352.209-72 RESTRICTIONS AGAINST DISCLOSURE (APR 2010)

1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

1352.231-71 DUPLICATION OF EFFORT (APR 2010)

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

1352.237-70 SECURITY PROCESSING REQUIREMENTS - HIGH OR MODERATE RISK CONTRACTS (APR 2010)

1352.239-72 SECURITY REQUIREMENTS FOR INFORMATION TECHNOLOGY RESOURCES (APR 2010)

52.202-1DEFINITIONS (JUN 2020)

52.204-29FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS--REPRESENTATION AND DISCLOSURES (DEC

2023)

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

PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

52.216-1 TYPE OF CONTRACT (APR 1984)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

1352.208-70 RESTRICTIONS ON PRINTING AND DUPLICATING (APR 2010)

1352.216-77 CEILING PRICE (APR 2010)

1352.228-70 INSURANCE COVERAGE (APR 2010)

1352.233-70 AGENCY PROTESTS (APR 2010)

PAGE 5 OF 30 1333ND24QNB180468

CLAUSES

Statement of Work

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Leadership Class HPC Services

Description of requirements Background NIST’s mission is “To promote U.S. innovation and industrial competitiveness by advancing measurement science, standards, and technology in ways that enhance economic security and improve our quality of life.” NIST seeks to improve the range of High Performance Computing (HPC) capabilities available to NIST’s researchers by augmenting its on-premise environment with those of a Leadership Class Computing Facility. Owing to imminent refresh of NIST’s on-premise HPC equipment NIST has an urgent need for external HPC services to support continuation of NIST’s research. This SOW describes the capabilities NIST’s research requires as well as the additional services necessary to make NIST’s access to those capabilities as effective, productive, and secure as possible.

Period of Performance The period of performance is September 1, 2024 – August 31, 2025.

Funding Summary The specific quantities of the compute, storage, and research software engineering effort to be consumed in the course of NIST’s research can not be precisely specified in advance. Instead NIST will specify minimum and maximum expenditures that NIST may commit for the compute, storage, and research software engineering effort to be consumed. NIST reserves the right to expend less than the maximum but does not anticipate expending less than the minimum during the period of performance.

The bounds on NIST’s expenditures are as follows Minimum HPC Consumption (Computation + Data Storage)

Minimum Research Software Engineer Labor

Maximum HPC Consumption (Computation + Data Storage)

Maximum Research Software Engineer Labor

Maximum Total Expenditure (NTE Amount)

$25,000 $60,000 $130,000 $120,000 $250,000

Statement of Work The following will be provided to the National Institute of Standards & Technology (NIST).

1. IT Security

a. Within 5 business days of award, the awardee must provide recent independently assessed IT security documentation in a form consistent with NIST SP 800-53, NIST SP 800-171, SOC 2 Type II, or equivalent.

b. Post contract award, NIST will perform a review for a local ATO decision, required for go-live, and ongoing security assessments for continuous monitoring thereafter. NIST will

PAGE 7 OF 30 1333ND24QNB180468

determine the risk rating of identified vulnerabilities. The Awardee shall respond to NIST with an action plan and schedule to mitigate security risks found within 10 business days of notification of security risks. NIST will notify the Awardee of whether or not the action plan and schedule are acceptable. The Awardee shall implement the action plan according to the agreed-upon schedule. If a mutually agreeable plan and schedule can not be devised the contract will be terminated for convenience.

2. High Performance Computing (HPC) Capacity NIST will fund the acquisition of HPC capacity with an initial commitment for service credits and subsequent incremental acquisitions for service credits as needed.

2.1. NIST management POCs shall convey NIST job prioritization requirements to the awardee to support NIST’s mission priorities. Awardee shall guarantee computational time for NIST projects on requested systems within five (5) business days.

2.2. Awardee will provide high-performance HPC data storage for user data meeting the requirements for FISMA moderate data. NIST will fund the acquisition of storage according to NIST’s requirements subject to the bounds previously specified.

3. Allocations, Accounts, and Access for NIST researchers

3.1. NIST shall distribute the compute and storage allocation among multiple projects, each of which will be led by a NIST-designated principal investigator (PI). Designated NIST management POCs will have the sole authority to specify the compute and storage resources assigned to NIST projects. One or more members of the NIST HPC system staff will be added to each project as co-PI(s) to facilitate monitoring and reporting.

3.2. Awardee shall provide all user accounts requested by NIST and grant them access to projects as requested by the PI of each project. Account provisioning and administration will be conducted via the Awardee’s portal. Awardee’s provisioning of accounts and modifications shall be made within two (2) business days of the request.

3.3. NIST will collaborate with Awardee to federate identity management of NIST staff such that NIST staff credentials are recognized by Awardee through InCommon.

3.4. Upon account provisioning, NIST users shall be permitted to access the compute systems via secure command line connections using the SSH 2.0 protocol using multifactor authentication. Additionally, NIST users will be permitted to use the scp, SFTP, and Globus tools to access the high-performance data storage systems to which they are entitled. Data transfers to and from Awardee will not incur network bandwidth charges to NIST and will transit National Research & Engineering network infrastructure to the extent NIST & Awardee’s network engineers can control.

3.5. Once logged on via SSH, NIST researchers will be permitted to submit batch and interactive jobs subject to the constraints, limits, and allocation policy of the Awardee’s compute and storage systems to which they have been granted access.

4. User support and monitoring

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4.1. Awardee will provide research software engineering (RSE) programming staff with appropriate software engineering, scientific computing, and data science/AI skills to support NIST’s needs to migrate existing codes to run successfully in Awardee’s environments as well as to exploit HPC system architectures and software environments. RSEs will also be available to assist NIST researchers with the translation of NIST research problems into computational models for execution on Awardee’s HPC systems.

4.1.1. The NIST management POC will coordinate with Awardee to prioritize how RSE services are accorded among NIST projects.

4.2. NIST HPC system staff will perform first-tier support for NIST users covered by this agreement. NIST researchers and the HPC staff shall be explicitly permitted to engage with Awardee’s support personnel and subject matter experts as needed to resolve problems, answer questions, and otherwise ensure efficient and effective utilization of the compute and storage resources. These interactions will be governed by Awardee’s normal service level agreement for support inquiries.

4.3. All support tickets opened by NIST HPC staff or researchers shall be tracked via a shared ticketing system to which the NIST HPC staff will have access. This will allow NIST to monitor issues and problems as well as their resolution.

4.4. At least two (2) senior NIST HPC system staff members shall be given read-only access to the node and job monitoring logs used by Awardee’s support staff. The log data to which access is granted should be sufficient for NIST HPC system staff members to monitor the performance, efficiency, and overall resource utilizations of jobs and the compute nodes on which they run.

4.5. The two (2) senior NIST HPC system staff members identified in section 4.4 will also be granted enhanced privileges on compute and storage systems sufficient to permit runtime and post-facto debugging of NIST-initiated jobs on Awardee’s resources. These privileges shall be sufficient to trace the execution of any NIST-submitted compute job, generate back traces and stack dumps from any running NIST-initiated process, and read any file and access any directory created by an NIST user covered under this agreement.

4.6. The Awardee shall make available a storage area on each system available to NIST users for the HPC systems staff to install applications for use by the NIST user community.

Awardee shall configure permissions on this area such that the HPC staff has read-write access to it, all other NIST users covered under this agreement have read-only access to it, and no other Awardee users (Awardee’s system administration personnel excepted) have any access to it.

4.7. The Awardee will make available to authorized NIST personnel any documentation and artifacts required by NIST to comply with all applicable laws, regulations, and directives related to information security. Furthermore, Awardee shall furnish full and complete details of any suspected or confirmed security incident involving or affecting any NIST user covered under this agreement or any data stored on Awardee’s systems by NIST.

This notification shall occur as soon as possible and within 24 hours of the detection of the suspected or confirmed incident.

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4.8. Awardee will make available to NIST at least one onboarding session that will be recorded for subsequent use by NIST staff as well as online training, documentation, tutorials and the like that Awardee customarily makes available to facility users.

5. Intellectual Property All NIST property shall remain NIST property. This includes (but is not limited to) data, algorithms, source code, application binaries, scripts, and generated results.

6. Availability All Awardee systems covered under this agreement are expected to be available under the requirements set forth by Awardee’s service level agreement for the system in question.

7. Usage reporting

7.1. On a weekly basis, Awardee shall furnish a report detailing each NIST project, the amount of compute and storage resources allocated to it, the amount of compute and storage resources consumed within the previous week, and the remaining compute and storage resources available to the project.

7.2. The report described in section 6.1 shall also include a list of all jobs run by NIST users within the previous week. This report will include for each job:

the user who submitted the job the project associated with the job the compute resource to which the job was submitted the number of nodes allocated to the job the amount of time the job was queued waiting to execute the execution time of the job whether the job terminated successfully or with an error

7.3. The report described in this section shall be delivered in both Excel (.xslx) and CSV (.csv) format.

7.4. Other reports pertinent to effective use of the provisioned resources, such as a detailed report on the activity of a particular user, may be requested by NIST with reasonable notice.

52.203-3 GRATUITIES (APR 1984)

(Reference 52.203-3)

52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

(Reference 52.203-5)

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS

(SEP 2007)

(Reference 52.203-11)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN 2020) (Reference 52.203-12)

52.204-4 {52.204-4} [RESERVED]

(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)

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020)

(Reference 52.204-17)

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)

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

EQUIPMENT (NOV 2021)

(Reference 52.204-24)

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

EQUIPMENT (NOV 2021)

(Reference 52.204-25)

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

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-REPRESENTATION (NOV 2015) (Reference 52.209-2)

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

(Reference 52.209-5)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(Reference 52.209-7)

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52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION

UNDER ANY FEDERAL LAW (FEB 2016)

(Reference 52.209-11)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023) (Reference 52.212-1)

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:

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

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

(ii) price;

(iii) past performance (see FAR 15.304);

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

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

(End Of Provision)

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ADDENDUM TO FAR PROVISIONS 52.212-1 & 52.212-2

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ADDENDUM TO FAR PROVISIONS 52.212-1 & 52.212-2

The content of this addendum replaces paragraphs (b) and (c) of FAR provision 52.212-1, Instruction to Quoters – Commercial Products and Commercial Services.

The content of this addendum provides the information required for paragraph (a) of FAR provision 52.212-2, Evaluation – Commercial Products and Commercial Services.

THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS PREPARED IN

ACCORDANCE WITH THE FORMAT IN FAR SUBPART 12.6-STREAMLINED PROCEDURES

FOR EVALUATION AND SOLICITATION FOR COMMERCIAL ITEMS-AS SUPPLEMENTED

WITH ADDITIONAL INFORMATION INCLUDED IN THIS NOTICE. THIS ANNOUNCEMENT

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

SEPARATE WRITTEN SOLICITATION DOCUMENT WILL NOT BE ISSUED. THE

SOLICITATION IS BEING ISSUED USING SIMPLIFIED ACQUISITION PROCEDURES FOR

CERTAIN COMMERCIAL ITEMS UNDER THE AUTHORITY OF FAR 13.

This acquisition will be conducted under the auspices of The Lab. The Lab provides a safe environment to explore new ideas, share lessons learned, and promote best practices. There is nothing you need to do differently for this requirement. After an award(s), The Lab may reach out to successful and unsuccessful quoters to assess the effectiveness of the procurement process and innovative techniques applied. The anonymous feedback will be used to further refine procurement practices within the Department of Commerce. Additional information on The Lab may be found here— https://www.commerce.gov/oam/lab/about-the-lab.

1. INTRODUCTION

NIST’s mission is “To promote U.S. innovation and industrial competitiveness by advancing measurement science, standards, and technology in ways that enhance economic security and improve our quality of life.” NIST seeks to improve the range of High Performance Computing (HPC) capabilities available to NIST’s researchers by augmenting its on-premise environment with those of a Leadership Class Computing Facility.

1.1 Brief Description of Services

Owing to imminently refresh of NIST’s on-premise HPC equipment, NIST has an urgent need for external HPC services to support continuation of NIST’s research. This SOW describes the capabilities NIST’s research requires as well as the additional services necessary to make NIST’s access to those capabilities as effective, productive, and secure as possible. This acquisition is being procured as a full and open competition. The associated North American Industrial Classification System (NAICS) code for this procurement is 541519, Other Computer Related Services with a small business size standard of $34.0M. Simplified acquisition procedures shall be utilized in accordance with FAR Part 13. Failure of a quote to comply with these instructions may be grounds for exclusion of the quotation from further consideration.

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1.2 Contract Type

The Government intends to award a single, time and material contract to provide support for NIST HPC services in accordance with the statement of work. The not to exceed amount for this contract shall be $250K.

1.3 Phased Procurement

The NIST intends to conduct the quote submission and quotation evaluation process in two Phases. A notional schedule for the procurement is below:

EVENT Anticipated

Date

Draft RFQ Released 07/22/2024

Potential quoters must submit Questions so the Contracting Officer (CO) receives them by 11:00 a.m. EST

07/29/2024

CO provides FINAL RFQ along with responses to draft RFQ questions

08/05/2024

Phase I quotations must be received by 12:00 p.m. EST

08/09/2024

CO Notification to potential quoters of Advisory Down-Select

08/15/2024

Phase II quotations must be received by 12:00 p.m. EST

08/23/2024

CO notification of award decision 08/30/2024

1.3.1 Draft RFQ & Questions

The CO intends to release a draft RFQ prior to the final RFQ. The intention is to release all documents as drafts and to conduct the traditional question session during the draft RFQ phase only. The NIST does not intend to allow for questions, barring any substantial changes between the draft and final documents, after release of the final RFQ but reserves the right to do so.

Contractors are encouraged to use this draft RFQ question session to submit its questions as opposed to waiting for the final RFQ to be released.

1.3.2 Evaluation Factors

Phase I

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Factor 1 – Computational Capabilities

Factor 2 - Timeliness

Phase II

Factor 3 – Price

Factor 4 - User Services

Factor 5 – IT Security

The factors are listed in descending order of importance.

1.4 Instructions Phase I

The Quoter shall submit a PDF document, totaling no more than four (4) pages, detailing its ability to meet or exceed NIST’s requirements for timely access to computational according to the factors and questions in sections 1.4.1 and 1.4.2 below.

In addition to the four (4) pages, the Quoter is limited to an additional two (2) pages describing no more than two (2) engagements during the last five (5) years where the Quoter provided similar HPC services to Federal research institutions and/or Federally-funded Research and Development Centers (FFRDCs). The two (2) pages required for each of the two (2) engagements should include:

• Brief scope of work

• Period of performance

• Contract ceiling/agreement estimate and total obligated values

• Customer

• Impact to the customer

• Reference Points of Contacts (POC):

The Quoter is limited to 350 words and one page for each engagement submitted (totaling two pages).

NIST employees may contact the Reference POC to confirm the level and quality of this demonstrated prior experience submissions. In addition, NIST reserves the right to review any information contained within the Contractor Performance Assessment Reporting System (CPARS) or consider information obtained from any other Government system, source, or individual.

To reiterate, the page limit for the factors and questions is four (4) pages and the page limit for the relevant performance is two (2) pages, totaling a six (6) page submission.

All written submissions shall be in PDF format. Text shall be presented on 8 ½ x 11- inch layout in Arial or Times New Roman typeface, no smaller than 12-point pitch (10-point fonts are acceptable for graphics, figures, tables, footnotes, and legends) with 1-inch margins

1.4.1 Factor 1 - Computational Capabilities

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Provide access to conventional CPU compute nodes with peak node performance of at least 5 Teraflops, at least 256 Gigabytes of memory per node and with at least 100 Gigabits per second (Gbps) Infiniband interconnection between nodes.

Provide access to accelerated GPU compute nodes with peak node performance of at least 4.8 Teraflops, at least 40 Gigabytes of memory per GPU and with at least 100 Gigabits per second (Gbps) Infiniband interconnection between nodes.

Provide access to an existing software build environment comprised of architecturally-appropriate compilers, math libraries, message passing interface (MPI) libraries, Python libraries, and R libraries for use by NIST researchers

Provide compute job scheduling capabilities such that NIST-submitted jobs anticipated to complete within 48 hours will be started no later than 5 days after submission.

Provide user data storage of at least 1 Terabyte per user with FIPS-validated encryption at rest (suitable for FISMA moderate impact data).

1.4.2 Factor 2 – Timeliness

Provide access to at least 5 (five) NIST researchers enabling them to utilize all services NIST has acquired within 3 (three) business days of award.

REMINDER: Phase 1 (Factor 1 and 2) submissions shall be submitted no later than August 9, 2024 @ 12:00 p.m., EST.

1.5 Advisory Down-Select

The NIST will evaluate the Phase I (Factors 1 and 2) submission, Demonstrated Capability submission.

The CO will provide advisory notifications to quoters. This notification will advise the Quoters of the CO’s advisory recommendation to proceed or not to proceed with the Phase II submission.

Rated Most Highly: Quoters who are rated most highly for Phase I will be advised to proceed to Phase II of the quote submission process. The NIST intends to provide no more than four (4) Quoters with an advisory notification to proceed, but reserves the right to advise more than four (4) Quoters if it is determined that there are more than four (4) Quoters equally rated to the Quoters that are determined to be the most highly rated. However, the NIST’s advice will be a recommendation only, and those Quoters who are advised not to proceed may elect to continue their participation in the procurement.

The NIST does not intend to provide brief explanations after the completion of the advisory down-select notifications.

Rated Not Among the Most Highly: Quoters who were not among the most highly rated will be advised that they are unlikely to be viable competitors. The intent of this advice is to minimize quote development costs for those Quoters with little to no chance of receiving an award.

Quoters are reminded as previously stated, that the Phase I evaluation factors are the most important evaluation factors.

Proceeding to Phase II: Failure to participate in Phase I of the procurement precludes further consideration of a Quoter. Phase II submissions will only be considered from Quoters who have submitted Phase I quotes by the due date and time stated in this RFQ.

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All Quoters that elect to submit a Phase II submission shall send an email to Monica H. Brown, Contracting Officer at Monica.Brown@nist.gov no later than 48 hours after receipt of the advisory notifications they received and indicate their intent to participate in Phase II. Failure to respond within the time frame indicated in the advisory notification may preclude the Quoter from being further considered for award.

After this 48-hour period has ended, the CO will issue Phase II submission instructions to all Quoters that elect to proceed by submitting a timely email response. The Phase II written submission due date will be approximately one (1) week from the date of the advisory notifications from Phase I, however, the official Phase II final submission due date will be confirmed in the advisory notifications sent by the Government.

1.6 Instructions Phase II

The quoter submissions for Phase II, Factor 3 are subject to the detailed instructions below and includes a price quoting matrix for completion. For the remaining factors, 4-5, the Quoter shall submit a PDF document, totaling no more than two (2) pages, detailing its ability to meet or exceed NIST’s requirements for access to user support and for IT security compliance. All written submissions for Phase II, Factors 4-5 shall be in PDF format. Text shall be presented on 8 ½ x 11- inch layout in Arial or Times New Roman typeface, no smaller than 12-point pitch (10-point fonts are acceptable for graphics, figures, tables, footnotes, and legends) with 1-inch margins.

1.6.1 Factor 3 – Price

The period of performance of this contract is for one year. The Quoter shall assume for quotation preparation purposes that any resultant contract will commence, tentatively, on September 1, 2024, however, the actual Period of Performance will be identified on the contract.

The form of the contract will be separate CLINs for Compute, Storage, and RSE services. Each CLIN will have an established maximum/ceiling value.

To facilitate NIST’s comparison of compute prices among quoters, each quoter shall submit the costs NIST would incur by executing a set of prescribed benchmark jobs:

o Quoters shall execute the High Performance Conjugate Gradient (HPCG) Benchmark (https://www.hpcg-benchmark.org/) Version 3.1 o The source code can be found here (https://github.com/hpcg-benchmark/hpcg/)1 o The quoter shall use the code found at the GitHub repository to build and execute the benchmark with parameters nx=1600, ny=1600, and nz=1600 and a runtime argument of 1800 seconds for each of the following test cases

Test A: A single conventional CPU node meeting or exceeding the salient characteristics described in 1.4.1, Test B: A single accelerated GPU node meeting or exceeding the salient characteristics described in 1.4.1, Test C: Across 2 conventional CPU nodes meeting or exceeding the salient characteristics described in 1.4.1, Test D: Across 2 accelerated GPU nodes meeting or exceeding the characteristics described in 1.4.1, 1 For Tests B & D, quoters may elect to use the benchmark code found here (https://github.com/NVIDIA/nvidia-hpcg) if appropriate for the underlying hardware.

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o The cost NIST would incur had NIST executed each test in the quoter’s proposed environment shall be provided to NIST in the accompanying price matrix (inclusive of network charges to transfer the output to NIST’s on-premise network). Any proposed labor rates shall be fully burdened including overhead and benefits.

o The output results of each test shall be provided to NIST in a text file titled with the quoter’s name and test case (e.g., “QuoterName_TestA.txt”) to substantiate that the benchmark was performed correctly.

The Quoter shall submit the following as part of the response to this factor:

a. Standard Form (SF) 1449 - The SF1449 must be executed fully (e.g. signed and dated) and used as the cover sheet (or first page) The Quoter shall include one (1) original signed copy of the SF1449. All Amendments to the solicitation must be acknowledged on Page 1 of the signed SF1449 or on additional pages immediately following the signed SF1449, if necessary.

b. The Quoter shall further provide its affirmation that its proposed pricing shall remain valid for at least 60 days from the date of Proposal submission.

c. The Quoter shall complete the highlighted cells in the Pricing Matrix and submit the completed Pricing Matrix as a Microsoft Excel worksheet with their quotation. Quoted rates must be fully loaded hourly labor rates, including wages, indirect costs and profit for all labor categories. The price quotation must include discounts that will be offered to the Government and show percentage of discount being offered and the price from which the discount may be taken.

1.6.2 Factor 4 – User Services

Provide research software engineering (RSE) programming staff with appropriate software engineering, scientific computing, and data science/AI skills to support NIST’s needs to migrate existing codes to run successfully in quoter’s HPC environments as well as to exploit quoter’s HPC system architectures and software environments. RSE services should also be available to assist NIST researchers with the translation of NIST research problems into computational models for execution on quoter’s HPC systems.

1.6.2 1.6.3 Factor 5 – IT Security

Provide a FISMA2 Moderate3 (or equivalent) environment referencing a 3rd party assessment that has been conducted within the last three years validating the quoter’s ability to comply with this requirement.

2 EVALUATION RATING

2.1 Technical Evaluations

The evaluation of each non-price factor (Factors 1, 2, 4 and 5) will be done holistically with a rating scale of "high confidence," "some confidence," and "low confidence," representing the technical team’s

2 https://www.cisa.gov/topics/cyber-threats-and-advisories/federal-information-security-modernization-act

3 https://csrc.nist.gov/glossary/term/moderate_impact_system

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confidence that the Quoter understands the requirement and will be successful in performing the work.

Each non-price factor may receive an individual confidence rating as outlined in the table below; there will not be an overall or roll-up confidence rating for the non- price factors.

2.1.1 Confidence Ratings Table

High Confidence The Government has high confidence that the Quoter understands the requirement, proposes a sound approach, and will be successful in performing the contract with little or no Government intervention.

Some Confidence The Government has some confidence that the Quoter understands the requirement, proposes a sound approach, and will be successful in performing the contract with some Government intervention.

Low Confidence The Government has low confidence that the Quoter understands the requirement, proposes a sound approach or will be successful in performing the contract even with Government intervention.

All quotes shall be evaluated by the NIST in accordance with the factors and criteria established above.

2.2 Price Evaluation

The CO will review the Price Quoting Matrix for completeness and accuracy. The CO will evaluate the quoted fixed unit prices/rates quoted in the price quoting matrix to determine if they are fair and reasonable.

3. SELECT BEST-SUITED, THEN NEGOTIATE

3.1 Award on Initial Responses

The Government anticipates selecting the best-suited quoter from initial responses, without engaging in exchanges with quoters. Quoters are strongly encouraged to submit their best technical solutions and price in response to this RFQ.

3.2 Exchanges with Best-Suited Quoter

Once the CO determines the quoter that is the best-suited (i.e., the apparent successful quoter), the CO reserves the right to communicate with only that quoter to address any remaining issues. These issues may include technical and price. If the CO and the quoter cannot successfully address any remaining issues, as determined pertinent at the sole discretion of the CO, the CO reserves the right to communicate with the next best-suited quoter based on the original analysis and address any remaining issues.

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Once the CO has begun communications with the next best-suited quoter, no further communications with the previous quoter will be entertained until after the contract has been awarded. This process shall continue until an agreement is successfully reached and the CO awards a contract.

4. BASIS FOR AWARD

The CO intends to award a single IDIQ to the quoter whose quotation has been determined by the CO to represent the best value, evaluated price and other factors considered. The CO may award to other than the lowest priced Quoter or other than the highest technically rated Quoter.

5. INNOVATIVE PROCUREMENT TECHNIQUES

This solicitation encompasses several innovative procurement techniques. To increase transparency of them with industry, they are listed below. Further, the Periodic Table of Acquisition Innovations (PTAI), https://www.fai.gov/periodic-table, includes a full tile sharing the description, problems solved, benefits of use, small business benefit, and real sample documents.

Confidence Ratings

Down-Selects

Price Quoting Matrix

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Price Quoting Matrix

Test A Test B Test C Test D

Cost Incurred

Proposed Cost

FISMA Moderate User Data Storage ($/TB/Year)

RSE Labor Cost (Including overhead and benefits expressed as $/FTE-month)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) (Reference 52.212-3)

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023) (Reference 52.212-4)

52.216-31 TIME-AND-MATERIALS/LABOR-HOUR PROPOSAL REQUIREMENTS -- COMMERCIAL ACQUISITION (NOV 2021) (Reference 52.216-31)

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2024)

(Reference 52.223-5)

52.223-6 {52.223-6} [RESERVED]

(Reference 52.223-6)

52.224-1 PRIVACY ACT NOTIFICATION (APR 1984)

(Reference 52.224-1)

52.224-2 PRIVACY ACT (APR 1984)

(Reference 52.224-2)

52.227-1 AUTHORIZATION AND CONSENT (JUN 2020)

(Reference 52.227-1)

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (JUN 2020) (Reference 52.227-2)

52.227-3 PATENT INDEMNITY (APR 1984)

(Reference 52.227-3)

52.227-14 RIGHTS IN DATA--GENERAL (MAY 2014)

(Reference 52.227-14)

52.227-17 RIGHTS IN DATA--SPECIAL WORKS (DEC 2007)

(Reference 52.227-17)

52.232-7 PAYMENTS UNDER TIME-AND-MATERIALS AND LABOR-HOUR CONTRACTS (NOV 2021)

(Reference 52.232-7)

52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

(Reference 52.232-8)

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

(Reference 52.232-18)

52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

(Reference 52.232-23)

52.232-25 PROMPT PAYMENT (JAN 2017)

(Reference 52.232-25)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

(Reference 52.232-39)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (MAR 2023) (Reference 52.232-40)

52.233-1 DISPUTES (MAY 2014)

(Reference 52.233-1)

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52.233-3 PROTEST AFTER AWARD (AUG 1996)

(Reference 52.233-3)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

(Reference 52.233-4)

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984) (Reference 52.237-2)

52.237-3 CONTINUITY OF SERVICES (JAN 1991)

(Reference 52.237-3)

52.242-13 BANKRUPTCY (JUL 1995)

(Reference 52.242-13)

52.242-15 STOP-WORK ORDER (AUG 1989)

(Reference 52.242-15)

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

(Reference 52.242-17)

52.245-1 GOVERNMENT PROPERTY (SEP 2021)

(Reference 52.245-1)

52.245-9 USE AND CHARGES (APR 2012)

(Reference 52.245-9)

52.246-4 INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996)

(Reference 52.246-4)

52.246-6 INSPECTION--TIME-AND-MATERIAL AND LABOR-HOUR (MAR 2001)

(Reference 52.246-6)

52.246-15 CERTIFICATE OF CONFORMANCE (APR 1984)

(Reference 52.246-15)

52.249-14 EXCUSABLE DELAYS (APR 1984)

(Reference 52.249-14)

52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

(Reference 52.253-1)

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

1352.209-72 RESTRICTIONS AGAINST DISCLOSURE (APR 2010)

(Reference 1352.209-72)

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)

1352.231-71 DUPLICATION OF EFFORT (APR 2010)

(Reference 1352.231-71)

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

(Reference 1352.233-71)

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1352.237-70 SECURITY PROCESSING REQUIREMENTS - HIGH OR MODERATE RISK CONTRACTS (APR 2010) (Reference 1352.237-70)

1352.239-72 SECURITY REQUIREMENTS FOR INFORMATION TECHNOLOGY RESOURCES (APR 2010) (Reference 1352.239-72)

52.202-1 DEFINITIONS (JUN 2020)

When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR

2.101 in effect at the time the solicitation was issued, unless--

(a) The solicitation, or amended solicitation, provides a different definition;

(b) The contracting parties agree to a different definition;

(c) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning;

(d) The word or term is defined in FAR part 31, for use in the cost principles and procedures; or

(e) The word or term defines an acquisition-related threshold, and if the threshold is adjusted for inflation as set forth in FAR 1.109(a), then the changed threshold applies throughout the remaining term of the contract, unless there is a subsequent threshold adjustment; see FAR 1.109(d).

52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS--REPRESENTATION AND DISCLOSURES (DEC 2023)

(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition.

(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition.

(c) Procedures. (1) The Offeror shall search for the phrase "FASCSA order" in the System for Award Management (SAM)(https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition.

(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).

(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).

(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:

(1) Name of the product or service provided to the Government;

(2) Name of the covered article or source subject to a FASCSA order;

(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;

(4) Brand;

(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(6) Item description;

(7) Reason why the applicable covered article or the product or service is being provided or used;

(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.

(End Of Provision)

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

PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

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(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.