1333ND24QNB190106 SF1449 Solicitation.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

Gas Delivery Services (Base Period)

0001 Delivery of Liquid Nitrogen and Specialty Gases/ Cryogens.

Period of Performance: 07/01/2024 to 06/30/2025

0.00 EA

Gas Delivery Services (Option Period 1)

OPT

1001 Delivery of Liquid Nitrogen and Specialty Gases/

Cryogens.

Period of Performance: 07/01/2025 to 06/30/2026

Gas Delivery Services (Option Period 2)

2001 Delivery of Liquid Nitrogen and Specialty Gases/

Cryogens.

Period of Performance: 07/01/2026 to 06/30/2027

Gas Delivery Services (Option Period 3)

3001 Delivery of Liquid Nitrogen and Specialty Gases/

Cryogens.

Period of Performance: 07/01/2027 to 06/30/2028

Gas Delivery Services (Extension Period)

4001 Delivery of Liquid Nitrogen and Specialty Gases/

Cryogens.

Period of Performance: 07/01/2028 to 12/31/2028

PAGE 3 OF 33 1333ND24QNB190106

Table of Contents

Section B - Continuation of SF1449

Section C - Clauses

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

PRODUCTS AND COMMERCIAL SERVICES (FEB 2024)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

52.202-1DEFINITIONS (JUN 2020)

52.203-3 GRATUITIES (APR 1984)

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

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

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

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

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

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

52.204-30FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS--PROHIBITION (DEC 2023)

52.209-5CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

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

52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)

52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS --OVERTIME COMPENSATION (MAY 2018)

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (SEP

2013)

52.223-3HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (FEB 2021)

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011)

52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

52.223-10 WASTE REDUCTION PROGRAM (MAY 2011)

52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS (AUG

2018)

52.223-19 COMPLIANCE WITH ENVIRONMENTAL MANAGEMENT SYSTEMS (MAY 2011)

52.228-5 INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)

52.232-1 PAYMENTS (APR 1984)

52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

52.232-11 EXTRAS (APR 1984)

52.232-17 INTEREST (MAY 2014)

52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

52.233-1 DISPUTES (MAY 2014)

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)

52.245-1GOVERNMENT PROPERTY (SEP 2021)

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

52.248-1VALUE ENGINEERING (JUN 2020)

52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR 2012)

52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

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

1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

1352.213-70 EVALUATION UTILIZING SIMPLIFIED ACQUISITION PROCEDURES (APR 2010)

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

PAGE 4 OF 33 1333ND24QNB190106

Table of Contents

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

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

1352.228-70 INSURANCE COVERAGE (APR 2010)

1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

1352.270-70 PERIOD OF PERFORMANCE (APR 2010)

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

NIST LOCAL-54ELECTRONIC BILLING INSTRUCTIONS

NIST LOCAL-56INVOICING PROCESSING PLATFORM-ALTERNATE I (DEC 2022)

Section D - Documents, Exhibits, Attachments

Section E - Provisions

Addenda to FAR Clause 52.212-1

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

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

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

2007)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

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

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

52.204-20PREDECESSOR OF OFFEROR (AUG 2020)

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

(NOV 2021)

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

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

2023)

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-REPRESENTATION (NOV 2015)... 33

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

52.223-1 BIOBASED PRODUCT CERTIFICATION (MAY 2012)

52.223-4 RECOVERED MATERIAL CERTIFICATION (MAY 2008)

52.233-2 SERVICE OF PROTEST (SEP 2006)

PAGE 5 OF 33 1333ND24QNB190106

CLAUSES

Section B - Continuation of SF1449

PAGE 6 OF 33 1333ND24QNB190106

Section B - Continuation of SF1449

Scope of Work

1. BACKGROUND

The National Institute of Standards and Technology (NIST) The Material Management Warehouse is an 11,500 square foot facility, with a 2,700 square foot sales floor, located in Building 301 on the NIST Gaithersburg Campus but also supports Boulder, Colorado campus, Hollings Marine Laboratory Charleston, South Carolina, and NIST Hawaii. The Material Management Warehouse is managed by the Material Management Group in the NIST Facilities Services Division.

2. PURPOSE

The National Institute of Standards and Technology (NIST) anticipates a requirement to establish a single blanket purchase agreement (BPA) for Liquid Nitrogen 180L Dewars and Specialty Gas services on an as-needed basis for a one-year base period and three one-year option periods.

This acquisition is not seeking a Contractor to facilitate the operation of the NIST Hawaii campus but to deliver the required products and services identified herein.

Service must be provided at the following NIST location:

NIST c/o Oceanic Institute of Hawaii Pacific University 41-202 Kalaniana’ole Hwy Ste 9 Environmental Marine Science Building Waimanalo, HI 96795

Work under this BPA shall provide all the following:

a. Liquid Nitrogen in 180L contractor owned Dewars;

b. Specialty gases or Cryogens in Contractor owned Cylinders or Dewars

3. GENERAL REQUIREMENTS

3.1 Placement of Calls

The Contractor shall not perform any service or deliver any product without the issuance of a BPA Call (or call).

NIST may award BPA calls online through the tracking system or via written calls.

BPA Calls shall only be accepted from Authorized NIST employees. These employees shall be identified post-award via CO or COR designation.

The Government will consider a call placed upon issuance of the call or issuance of a call number through the tracking system.

3.2 Electronic Call Confirmation

Contractors must have the ability to provide an electronic call confirmation through email and an itemized delivery ticket.

A delivery ticket must accompany all deliveries.

The call confirmation shall list the products/services ordered, and the delivery date for each product and service ordered in accordance with the BPA requirements and/or, for specialty gases, the delivery time agreed upon between the Contractor and the Government.

3.3 Delivery Ticket

All shipments shall be delivered with an itemized delivery ticket that includes all of the following:

PAGE 7 OF 33 1333ND24QNB190106

I. Name of supplier;

II. BPA number;

III. Date (of order/call placement);

IV. Call Number;

V. Name of person placing the call;

VI. Unique reference number that NIST can cross reference in the tracking system to view serial numbers of all Cryogens delivered;

VII. An itemized list of products and/or services purchased including the name of gas purchased.

VIII. For, the confirmation must identify the NIST internal stock number and name of the gas purchased.

IX. Quantity, unit of issue, unit price, and total amount of each product and/or service;

X. Delivery date;

XI. Comments and/or special shipping instructions.

If multiple calls are delivered, each call shall be delivered with a delivery ticket specific to the individual call.

Partial deliveries must be approved, in advance, by the NIST Contracting Officer’s Representative (COR). The products/completed services being delivered, and backorders must be updated by the Contractor in the tracking system.

When the balance of a partial shipment is delivered, the Contractor shall identify the partial shipment by putting a suffix on the call number (i.e. call number-1 or -2) on the delivery ticket.

3.4 Shipment and Delivery of Calls

Delivery terms shall be FOB Destination. Unit prices shall be inclusive of all shipping charges.

Cryogens shall be prepared for shipment and delivered in accordance with Department of Transportation (DOT) 49 CFR

180.209. All Cryogens must be able to be safely used in the condition that they are delivered.

Containers and packaging shall comply with Uniform Freight Classification rules, or regulations of other carriers, as applicable to the mode of transportation.

Products ordered under calls shall be delivered to NIST’s central shipping and receiving facilities located at

NIST c/o Oceanic Institute of Hawaii Pacific University 41-202 Kalaniana’ole Hwy Ste 9 Environmental Marine Science Building Waimanalo, HI 96795

Compatible gases refer to transportation requirements of DOT 49 CFR 180.209.

3.5 Designated Customer Service Representative

The Contractor shall identify two designated customer service representatives at each location for the NIST account to handle questions, issues and problems that may arise on any products and services required under this Blanket Purchase Agreement. They may handle questions, issues, and problems in person, via telephone, or via e-mail at the Contractor’s discretion. These individual(s) shall be designated as “Key Personnel” in the Blanket Purchase Agreement.

To the maximum extent practicable, Customer Service Representative(s) shall be responsible to provide a response not later than one business day after a question is initiated.

3.6 Personnel/Physical Security Requirements

During regular business hours, delivery drivers must produce current, valid photo identification when asked.

PAGE 8 OF 33 1333ND24QNB190106

The Contractor shall provide evidence that relevant personnel involved in the work have gone through proper background investigations or clearances.

3.7 Regular Delivery Schedule

3.7.1 Cryogens

The Contractor shall schedule the pick-up of empty cryogens and delivery of cryogens in accordance with the following requirements:

1. SPECIALTY GASES: Reference Section 4;

2. Liquid Cryogen must be on Wednesdays between 8am and 3pm Local Time;

3. Liquid Cryogen dewars must be delivered no later than 5 calendar days after the order is placed;

4. MAINTENANCE SERVICES: The Contractor shall complete maintenance and repair of dewars, contractor-owned and/or government-owned, in accordance with the requirements.

The Contractor shall provide written notice to the Contracting Officer’s Representative if these timelines cannot be met.

Modified delivery timelines must be approved, in advance, by the COR. Excessive requests for delivery extensions shall be directed to the Contracting Officer by the COR. For specialty gases, notice must be provided within 24 hours of the Contractor’s identification of a delay.

NIST reserves the right to require expedited delivery as needed. Fees associated with expedited delivery will be negotiated by the Contractor prior to the call being placed.

In the event that NIST is scheduled for closure at any facility 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.

In the event that NIST is closed due to a 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 Government will not be responsible for costs incurred by the Contractor for unsuccessful delivery attempts associated with a national emergency, inclement weather, or for any other unscheduled closure.

3.8 Return Authorization

The Contractor shall be 100% responsible for return authorizations, the return of over shipments, damaged items, duplicate orders, incorrect shipments, any product that is received in error from the Contractor, and/or any delivery made without a prior authorized BPA call.

To the maximum extent practicable, the Contractor must correct any non-compliance issue and/or provide consideration not later than seven days from the date the issue is identified to the Contractor at no cost to the Government.

Based on the issue identified, the Government may authorize a longer resolution time.

When applicable, the Contractor must facilitate the return process and issue a credit to the Purchase Card or the Government’s account within 5 days after notification of an issue by the Government.

3.9 Inspection and Acceptance

It shall be the responsibility of the Contractor to ensure that:

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1. All specifications are met for all deliverables;

2. All Cryogens equipped with a valve that includes an integrated pressure gauge are delivered with functional pressure gauges. The pressure gauge must indicate that the tank is full; and

3. Cryogens are delivered with a plastic dust cap (contractor-provided) on the valve.

Upon receipt of delivery, Cryogens will be inspected by the Government to verify items 2 and 3 above are met as applicable.

Latent defects (i.e. non-compliance with gas specifications), will be documented in the tracking system (Reference Section 4.5) and communicated in writing to key personnel, via e-mail, through the COR and/or the Contracting Officer.

The Contractor shall be responsible to correct all defects and/or deficiencies for any Cryogens that do not meet all requirements above. A replacement Dewar must be delivered not later than 3 business days after the rejected Cryogens is/are returned to the Contractor. The tracking system will be updated by the COR to document the return and the reason for the rejection.

The Government reserves the right to negotiate consideration for delays encountered due to rejected Cryogens.

3.10 Payment

A purchase card, issued by the United States Government, may be utilized as a means of payment under this Blanket Purchase Agreement or Contract. Contractors must have an established merchant account capable of accepting Visa and Mastercard over the phone or through their online ordering capability or submit an invoice to invoice@nist.gov for payment through Accounts payable.

Payments for written calls shall be made in accordance with the clause entitled ‘Billing Instructions.’

The Government does not intend to authorize partial payments. The Government intends to order products and services with comparable delivery timelines on a single call.

3.11 Data Rights

The Government will maintain unlimited data rights to all data produced under this blanket purchase agreement in accordance with FAR 52.227-14 Rights in Data-General.

4. Specialty Gases/Cryogens 4.1

Specialty gases/cryogens are those gases that are a special mix per researchers' request (for example Methane UHP, Research Helium, Liquid Argon). Specialty gases/cryogens can be delivered in a Contractor-owned cylinder and or Dewars that meets the safety requirements in this scope or can be requested that the cylinder be purchased for ownership by the government. Any cylinder and or Dewar purchased by the government shall not have any Cylinder/Dewar Usage Fees associated with that purchase. Any Contractor owned Cylinder or Dewar usage fee shall not exceed the cost of the cylinder or dewar.

The required gases will vary by the lab-specific needs and will provide the specific mixture that meets the need of the researcher. Specifics of each mixture will be provided with each request for pricing for specialty gases.

NIST will purchase specialty gases in Cylinders ranging in size from a lecture bottle to a 300 cubic foot cylinder. It is anticipated that steel and aluminum Cylinders, as well as other cylinder types, will be utilized based on the mixture composition being ordered, and as required by the Compressed Gas Association (CGA).

The Government reserves the right to require a certificate of analysis (cylinder specific), or a certificate of conformance (lot specific). This requirement will be identified at the time the request for pricing is issued.

It is noted that compressed gas Standard Reference Materials (SRMs) will not be ordered under this blanket purchase agreement.

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Individuals authorized to place calls or the NIST Acquisition Management Division will issue requests for pricing for specialty gases to the Contractor via fax or e-mail. The Contractor shall confirm receipt of the request for pricing, via e-mail to the sender, not later than one calendar day after receipt of the request.

The Contractor shall provide pricing for the required specialty gas, via e-mail, not later than five calendar days after receipt of the request for pricing. All pricing shall include all of the following information:

• NIST request for pricing identifier (i.e. number;)

• Description provided by NIST;

• Specifications of specialty gas being quoted by the Contractor;

• Quantity;

• Unit of Issue;

• Unit Price;

• Extended total amount;

• Delivery timeline.

It is anticipated that specialty gases and or cryogen will be delivered not later than one month from the date the call is placed, however, the Contractor shall provide the delivery timeline in their response to each request for pricing. Most delivery timelines will be quoted by the Contractor, however, specific delivery requirements for any given specialty gas and or cryogen will be specified in the request for pricing. Specific delivery requirements will not be negotiable.

The Contractor’s pricing will be evaluated for compliance with required specifications, including cylinder size, and delivery timeline. The price shall be evaluated for reasonableness.

The Government reserves the right not to place a call if the Contractor’s submission does not meet all required specifications, cylinder/Dewar size, and/or if the price quoted cannot be determined to be fair and reasonable.

4.1.2

Contractor-owned Cylinders/Cryogens must have a Cylinder/Cryogen Usage Fee be billed in accordance with the following:

1. Cylinder/Cryogen Dewars, referred to in this clause, is a pressure vessel designed for pressures higher than 40 psi and having a circular cross-section excluding a portable tank, multi-tank car tank, cargo tank, or tank car.

2. Returnable Cylinders/Cryogens shall remain the Contractor’s property but shall be loaned without charge to the Government for up to one year (hereafter referred to as the loan period) following the day of delivery to the FOB point specified in the contract. The Government shall pay the Contractor a one-time Cylinder/Cryogen Dewar Usage Fee as agreed upon in the attached price list.

3. For each cylinder/cryogen dewar lost or damaged beyond repair while in the Government’s possession, the Government shall pay to the Contractor the replacement value provided by the Contractor in the original price quotation, less the Cylinder/Cryogen Dewar Usage Fee paid for that cylinder/cryogen dewar.

a. These Cylinders/Cryogens shall not become Government property and will be returned to the Contractor as they are located.

4. If any cylinder or liquid cryogen dewar is located within thirty (30) calendar days after payment by the Government, it may be returned to the Contractor by the Government, and the Contractor shall pay to the Government an amount equal to the replacement value, less the Cylinder/Cryogens Dewar Usage Fee detailed in Section 2 of this clause.

PAGE 11 OF 33 1333ND24QNB190106

5. The contractor shall notify the Government 60 days prior to the one-year date of the cylinder/dewar usage fee charge for each cylinder/dewar. On the first working day of each month, the contractor shall email the COR all cylinders/dewars that need to be returned within the next 60 days.

6. The Government reserves the right to extend the usage of rented Cryogens/dewars for up to one additional year at the cost of the current option year pricing in the price list. The Government must return this cylinder/dewar after the additional year of usage.

7. Cylinder/Dewar Usage Fees shall be invoiced with the gas or cryogen to be purchased.

8. All requests for pricing information for each cylinder or liquid cryogen dewar to be loaned on this contract shall contain:

a. Description of gas or cryogen;

b. Type and size of cylinder to be loaned;

c. Cost of gas;

d. Cylinder Usage Fee;

e. Additional fees as appropriate;

f. Cylinder replacement value; and

g. Lead time for delivery.

If specialty gases are required to be delivered in lecture bottles, the Government will assume ownership of the lecture bottle upon acceptance of the gas mixture. Lecture bottles must be tracked in the tracking system. Tracking shall be based on the Contractor’s commercial method if the lecture bottles do not have serial numbers. If lecture bottles have serial numbers, the serial numbers must be utilized for tracking.

The Contractor must accept any lecture bottles ordered under this agreement for return and disposal during the performance period of this agreement. The Contractor’s obligation to dispose of lecture bottles purchased under this agreement expires when the period of performance expires.

The Contractor shall provide to NIST a certificate of destruction for each lecture bottle that the Contractor destroys and subsequently disposes of. The certification shall include, at a minimum, the appropriate nomenclature for the lecture bottle being destroyed, and the date of destruction.

Prior to shipment of the specialty gas, the Contractor shall affix a bar code label, in accordance with the requirements of Section 5.2, that is the actual serial number of the cylinder and/or lecture bottle (as appropriate) being delivered. This serial number shall be entered into the tracking system by the Contractor prior to the cylinder/lecture bottle being shipped. The cylinder/lecture bottle can then be tracked by NIST and the Contractor.

5. Web-Based Ordering Capabilities The tracking system must have web-ordering capabilities. The Contractor shall establish an online ordering capability for NIST that includes all products and services authorized under this Blanket Purchase Agreement, and their associated prices. NIST must be able to place calls online. Products, services, and prices must be updated by the Contractor should the agreement be modified.

The web-based ordering capability must print a call confirmation which includes all of the following for each call placed:

(1) Name of supplier;

(2) BPA number;

(3) Date (of order/call placement);

(4) Call Number or Purchase Order Number;

(5) Name of person placing the call;

(6) An itemized list of products and/or services purchased including the name of gas purchased.

(7) Quantity, unit of issue, unit price, and total amount of each product and/or service;

PAGE 12 OF 33 1333ND24QNB190106

(8) Required delivery date;

(9) Comments and/or special shipping instructions.

For repairs and maintenance performed, an attachment shall be provided with the delivery ticket with an itemized list of services that have been ordered. For NIST-owned Cryogens, the Contractor must identify the NIST cylinder number and serial number for each cylinder, and each maintenance and/or repair item authorized by the blanket purchase agreement.

5.1 E-mail Alerts

Email delivery invoice within 24 hours once delivery has been made. The invoice should include all information that was on the web including the delivery date.

5.2 Reporting Requirements

The Contractor shall provide weekly reports electronically for all cylinders over the one-year cylinder usage fee. Reports shall be sent via e-mail to a pre-determined list of NIST customers for a specified period.

The Contractor shall provide weekly reports electronically to NIST users for all cylinders that have arrived at the NIST loading dock.

6. Periods of Performance The period of performance of this BPA is a twelve-month base period and three twelve-month options with a possible 6-month extension option.

Section C - Clauses

PAGE 13 OF 33 1333ND24QNB190106

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (FEB 2024)

(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. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021)(41 U.S.C. 4704 and 10 U.S.C. 4655).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

(4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community--see FAR 3.900(a).

(5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(6) [Reserved]

(7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

(8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

(9) 52.204-27, Prohibition on a ByteDance Covered Application (June 2023) (Section 102 of Division R of Pub. L. 117-328).

(10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders--Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115-390, title

II).

(11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition. (DEC 2023) (Pub. L. 115-390, title II).

(ii) Alternate I (DEC 2023) of 52.204-30.

(12) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

(13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

(14) [Reserved]

(15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

(16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C.

657a).

(17) [Reserved] (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020)) (15 U.S.C. 644).

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

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

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

(20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).

(21)(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) (15 U.S.C. 637(d)(4)).

(ii) Alternate I (JAN 2017) of 52.219-9.

(iii) Alternate II (NOV 2016) of 52.219-9.

(iv) Alternate III (JUN 2020) of 52.219-9.

PAGE 14 OF 33 1333ND24QNB190106

(v) Alternate IV (SEP 2023) of 52.219-9.

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

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

(23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 637s).

(24) 52.219-16, Liquidated Damages-Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

(25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran- Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

(26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (FEB 2024) (15 U.S.C.

632(a)(2)).

(ii) Alternate I (MAR 2020) of 52.219-28.

(27) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

(28) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

(29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C.

644(r)).

(30) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 637(a)(17)).

(31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

(32) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2024) (E.O. 13126).

(33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

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

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

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

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

(36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

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

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

(38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

(39)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O.

13627).

(ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(40) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

(41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons

(JUN, 2016) (E.O. 13693).

(43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN, 2016) (E.O. 13693).

(44) (i) 52.223-13, Acquisition of EPEAT(R) -Registered Imaging Equipment(JUN 2014) (E.O.s 13423 and 13514).

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

(45) (i) 52.223-14, Acquisition of EPEAT(R) -Registered Television (JUN 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (JUN 2014) of 52.223-14.

(46) 52.223-15, Energy Efficiency in Energy-Consuming Products(MAY 2020) (42 U.S.C. 8259b).

(47) (i) 52.223-16, Acquisition of EPEAT(R)-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

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

(48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

(49) 52.223-20, Aerosols (JUN, 2016) (E.O. 13693).

(50) 52.223-21, Foams (JUN, 2016) (E.O. 13693).

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

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

(52) (i) 52.225-1, Buy American--Supplies (OCT 2022) (41 U.S.C. chapter 83).

(ii) Alternate I (OCT 2022) of 52.225-1.

(53) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (NOV 2023) (19 U.S.C.

3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

(ii) Alternate I [Reserved].

PAGE 15 OF 33 1333ND24QNB190106

(iii) Alternate II (DEC 2022) of 52.225-3.

(iv) Alternate III (FEB 2024) of 52.225-3.

(v) Alternate IV (OCT 2022) of 52.225-3.

(54) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

(55) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(56) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;

10 U.S.C. Subtitle A, Part V, Subpart G Note).

(57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

(58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

(59) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

(60) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services

(NOV 2021) (41 U.S.C.4505, 10 U.S.C. 3805).

(61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

(62) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (OCT 2018) (31 U.S.C. 3332).

(63) 52.232-34, Payment by Electronic Funds Transfer - Other Than System for Award Management

(JUL 2013) (31 U.S.C. 3332).

(64) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

(65) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

(66) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

(67)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

(ii) Alternate I (APR 2003) of 52.247-64.

(iii) Alternate II (NOV 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

(1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(2) 52.222-42, Statement of Equivalent Rates for Federal Hires(MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -Price Adjustment (Multiple Year and Option Contracts) (AUG 2018)(29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

(5)52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C.

chapter 67).

(6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

(7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

(8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C.

1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the

PAGE 16 OF 33 1333ND24QNB190106

Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

(ii) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).

(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

(vii) (A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (DEC 2023) ( Pub. L. 115-390, title II).

(B) Alternate I (Dec 2023) of 52.204-30.

(viii) 52.219-8, Utilization of Small Business Concerns (FEB 2024) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793).

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

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xvi)

(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).

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

(xix) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xxii)

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

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

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

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) ( 42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End Of Clause)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

PAGE 17 OF 33 1333ND24QNB190106

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days

(End of Clause)

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 15days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5-years, 6-months

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/ & https://www.acquisition.gov/car

52.202-1 DEFINITIONS (JUN 2020)

(Reference 52.202-1)

52.203-3 GRATUITIES (APR 1984)

(Reference 52.203-3)

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

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

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)

52.204-18 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)

52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS--PROHIBITION (DEC 2023) (Reference 52.204-30)

PAGE 18 OF 33 1333ND24QNB190106

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

(Reference 52.209-5)

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

52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)

(Reference 52.222-1)

52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS --OVERTIME COMPENSATION (MAY 2018) (Reference 52.222-4)

52.223-2 AFFIRMATIVE PROCUREMENT OF…