1333ND24QNB680232 - vibrating-sample magnetometer.pdf

Vibrating Sample Magnetometer / 1333ND24QNB680232

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 UNDER THE

AUTHORITY OF FAR 13.

The solicitation number is 1333ND24QNB680232 and is a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2024-03 dated February 23, 2024.

1352.215-72 INQUIRIES (APR 2010)

Offerors must submit all questions concerning this solicitation in writing to both the Contract Specialist Forest Crumpler at forest.crumpler@nist.gov and the Contracting Officer Donald Collie at Donald.collie@nist.gov. Questions should be received no later than five (5) calendar days after the issuance date of this solicitation. All responses to the questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, only the responses included in the amendment to the solicitation will govern performance of the contract.

(End of Provision)

The associated North American Industrial Classification System (NAICS) code for this procurement is 333242 – Semiconductor Machinery Manufacturing with a small business size standard of 1,500 employees.

This acquisition is being solicited as 100% set aside for small business.

BACKGROUND:

The semiconductor supply chain is global, specialized, and interconnected. Chipmakers do business with thousands of individual suppliers who provide the highly complex materials and tools used to produce semiconductors. To address the lack of full visibility into the semiconductor market supply chain and R&D ecosystem gaps, NIST will conduct the measurement science, or metrology, critical to the development of new materials, packaging, and production methods in chip manufacturing.

This acquisition is for a commercial vibrating-sample magnetometer with an iron-core electromagnet to be used for the characterization of the dc magnetic properties of materials to be integrated with semiconductor devices. The program will develop the metrology, materials, and methods needed to integrate magnetic components with semiconductor materials, thereby mailto:forest.crumpler@nist.gov mailto:Donald.collie@nist.gov reducing the size and improving the functionality of electromagnetic systems for communications, radar, and advanced computation.

The goal of this contract is to supply, install, and train new users on a vibrating-sample magnetometer system for the NIST Boulder magnetics lab. The Contractor shall deliver a quantity of one magnetometer system, inclusive of FOB Destination delivery, installation, warranty and training, and option line items.

LIST OF ATTACHMENTS:

The following documents and forms are hereby provided as attachments. The purpose of these attachments is for reference and to provide specification requirements to the Contractor for quotation purposes only.

Attachment A: Statement of Work (SOW)

All offerors shall provide a firm-fixed-price quotation, including all FOB Destination shipping costs, for the following line items:

Contract Line Item Number (CLIN) QTY UNIT UNIT

PRICE

APPLICABLE

DISCOUNTS

TOTAL

CLIN 0001 – Vibrating-sample magnetometer system with iron-core electromagnet.

1 EA

CLIN 0002 – Cryostat for temperature control

1 EA

CLIN 0003 – Vector Coils and Electronics

1 EA

CLIN 0004 – High-Field Pole Caps 1 EA

CLIN 0005 – Required Components 1 EA

FAR 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

INSTRUCTIONS:

System for Award Management (SAM) Registration

In accordance with FAR 52.204-7, offerors must be registered in the System for Award

Management (www.sam.gov) at the time of quotation submission and shall continue to be registered until time of award, during performance, and through final payment of any resultant contract. Refusal to register shall forfeit award.

Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services (Feb 2024), with its offer.

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

DUE DATE FOR QUOTATIONS

Offerors shall submit their electronic quotations, via email, so that NIST receives them not later than 11:00 AM Eastern Time (ET) on May 9, 2024. E-mail quotations shall be submitted directly to the Contract Specialist Forest Crumpler at forest.crumpler@nist.gov and the Contracting Officer Donald Collie at Donald.collie@nist.gov.

Please reference the RFQ number in the subject line of email communications. 0fferors quotations shall not be deemed received by the Government until the quotation is entered in the e-mail inbox set forth above.

Addendum to FAR 52.212-1, Quotation Preparation Instructions:

All quotations shall conform to solicitation provisions/clauses and be prepared in accordance with this section. The quotation shall be clearly and concisely written as well as be neat, indexed (cross-indexed as appropriate) and logically assembled. Note: The term “indexed” refers to a table of contents that lists sections and page numbers. All pages of the quotation shall be appropriately numbered.

In preparing the quotation, each volume shall stand on its own. For each given evaluation factor the Government will only evaluate the information provided in the corresponding section of the quotation. The Offeror’s quotation shall be clearly divided into the following distinct volumes:

Volume I – Technical Quotation Volume II – Relevant Experience Volume III – Past Performance Volume IV – Price Quotation Volume V – Terms and Conditions

Volume I - Technical Quotation:

The technical quotation shall address the following:

mailto:forest.crumpler@nist.gov mailto:Donald.collie@nist.gov

Technical Capability: No pricing information shall be included in this volume. It shall consist of technical descriptions and/or product literature for the proposed products.

The offeror shall submit a technical description or product literature for the Vibrating-Sample Magnetometer and associated tools it is proposing for CLINs 0001 - 0005. The submission must demonstrate that its proposed platforms meets or exceeds each minimum requirement described within the attached SOW by providing a citation to the relevant section of its technical description or product literature. The offeror must not simply state they will meet or exceed the SOW requirements; evidence must be provided. If applicable, evidence that the offeror is authorized by the manufacturer to provide the item(s) in the quotation should be included.

Volume II – Relevant Experience: Offerors shall provide information which demonstrates the offeror’s experience in providing the same or similar Magnetometers. The vendor shall provide a list of similar awards for similar products supplied in the past three (3) years. Information shall include the model name/number, end user name, and end user contact information.

Volume III – Past Performance: Offerors shall provide past performance information regarding relevant contracts with Federal, state, or local governments, or commercial customers.

If the offeror intends to subcontract with another firm(s) for part of this requirement, that firm’s past performance information shall also be provided. If the offeror has no relevant past performance, it may include a statement to that effect in its proposal. The government reserves the right to consider data obtained from sources other than those described by the offeror in its proposal. It is recommended that up to three contracts be referenced.

The description of each contract/order described in this section shall not exceed one half page in length. For each contract/order, the offeror shall provide the following information:

1. Contract number;

2. Product Number or Service provided.

3. Description and relevance to solicitation requirements including dollar value and ability to meet similar SOW requirements.

4. Period of Performance – indicate by month and year the state and completion (or “ongoing”) dates for the contract;

5. Reference Contact – If a non-Government contract, identify the name and address of the client with current telephone number and email address of a point of contact of the client responsible for the contract;

6. Contracting Office – If a Government contract (Federal or state), identify the Contracting Officer (CO), and Contracting Officer’s Representative (COR), and their names, current telephone numbers and email addresses.

7. Problems Encountered – include information regarding information regarding any problems encountered on the contracts described above and corrective actions taken to resolve those problems.

Volume IV - Price Quotation:

The price quotation shall be separate from any other portion of the quotation. The offeror shall propose a firm-fixed-price quotation for each CLIN. Price quotations shall remain valid for a period of 90 days from the date quotations are due.

Volume V - Terms and Conditions Provisions Offerors shall provide a completed copy of all FAR provisions listed below:

1. 52.204-17, Ownership or Control of Offeror (Aug 2020)

2. 52.204-26, Covered Telecommunications Equipment or Services - Representation (Oct 2020)

3. 52.209-2, Prohibition on Contracting With Inverted Domestic Corporations-Representation

(Nov 2015)

4. 52.225-2, Buy American Certificate (Oct 2022)

5. 52.225-18, Place Of Manufacture (Aug 2018)

Acceptance of Terms and Conditions (Addendum to FAR 52.212-1(b) (11)):

If the contractor objects to any of the terms and conditions contained in this solicitation, the contractor shall state "The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:" [Contractor shall list exception(s) and rationale for the exception(s)]. It is the sole responsibility of the contractor to identify in their quotation any exceptions to the terms and conditions of the solicitation. If the contractor does not include such a statement, the submission of a quotation in response to this solicitation will be regarded as the Contractor's acceptance of the Government's terms and conditions for inclusion into the resultant purchase order (PO).

Note: This procurement is not being conducted under the GSA Federal Supply Schedule (FSS) program or another Government-Wide Area Contract (GWAC). If an Offeror submits a quotation based upon an FSS or GWAC contract, the Government will accept the proposed price.

However, the terms and conditions stated herein will be included in any resultant purchase order, not the terms and conditions of the Offeror's FSS or GWAC contract, and the statement required above shall be included in the quotation.

NAICS Code If the Offeror’s representations and certifications do not reflect the NAICS code governing this solicitation, Offerors must submit documentation that they are a small business under the NAICS code governing this solicitation.

(End of provision)

Basis of Award

This contract is to be awarded to the most highly qualified offeror based on the selection criteria.

The Government intends to use a price/non-price tradeoff process to award a contract to the responsible Offeror whose proposal represents the best value to the Government, evaluated price and other factors considered. The Government reserves the right to make an award to other than the lowest-priced Offeror or to the Offeror with the highest technical rating if the Contracting Officer determines that to do so would result in the best value to the Government. The Contracting Officer intends to award without discussions but reserves the right to initiate discussions if necessary. The following factors will be used to evaluate offers:

Factor 1 – Technical Quotation Factor 2 – Relevant Experience Factor 3 – Past Performance Factor 4 – Evaluated Price

In determining best value, non-price factors 1 through 3, when combined, shall be significantly more important than factor 4 evaluated price. The Non-Price Factors 1 is considered of somewhat greater importance than Non-Price Factors 2 and 3 Upon evaluation, if a proposal is deemed Unacceptable on any given non-price factor, that proposal may not be evaluated further by the Government.

Provision 52.212-2, Evaluation-Commercial Products and Commercial Services applies to this procurement. The evaluation criteria included in paragraph (a) of the provision are as follows:

EVALUATION CRITERIA

The Government intends to award a single purchase order (PO) from this solicitation using simplified acquisitions procedures in accordance with FAR part 13. The Government reserves the right not to award a PO and to make an award without discussions based solely upon initial quotes.

Evaluation Factors:

Award shall be made to the responsible offeror who: (1) Meets all required technical specifications as determined by a review of documentation submitted in accordance with this solicitation. Offerors shall include the sales literature or other literature which CLEARLY DOCUMENTS that the offered products meets the specifications stated herein; (2) proposes a reasonable price.

Technical Capability: Evaluation of technical capability shall be based on the information provided in the quotation Volume I. NIST will evaluate whether the offeror has demonstrated that its proposed product meets all minimum requirements. Quotations that do not demonstrate the proposed products meets all requirements will not be considered further for award. If an offeror does not indicate whether its proposed products meets a certain minimum requirement, NIST will determine that it does not.

Relevant Experience: NIST will evaluate the extent of the offeror’s experience same/similar products listed to determine if it demonstrates relevancy to this requirement and whether these items have been deployed successfully in the field.

Past Performance: The evaluation of past performance information will consider the extent to which the Offeror’s past performance demonstrates the capability and capacity to meet requirement of the SOW. Offerors will be evaluated on the responses and feedback received to a government-requested survey sent to their identified previous customers for similar projects/contracts. Scoring will be made on the basis of the level of similarity and complexity of the work performed and survey respondents’ satisfaction level of the offeror’s quality of products/deliverables, timeliness of delivery, responsiveness/communication, and overall satisfaction with the offeror’s performance.

Note: Offerors without a record of relevant past performance or for whom information on past performance is not available, will be not be evaluated favorably or unfavorably on Past Performance, and will be assigned a Neutral rating.

Price: The Government will evaluate price for reasonableness. The evaluation will determine whether the proposed prices are reasonable in relation to the solicitation requirements. A price realism analysis will not be conducted. Prices must be proportionate with the technical portion of the quotation.

(End of provision)

PROVISIONS AND CLAUSES:

The following provisions and clauses apply to this acquisition and are hereby incorporated by reference or full text.

All FAR provisions and clauses may be viewed at https://www.acquisition.gov/browse/index/far All CAR provisions and clauses may be viewed at https://www.acquisition.gov/car

PROVISIONS Incorporated By Reference FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements – Representation (JAN 2017) FAR 52.204-7 System for Award Management (OCT 2018) FAR 52.204-16, Commercial and Government Entity Code Reporting (AUG 2020)

FAR 52.204-20 Predecessor Of Offeror (AUG 2020) FAR 52.204-24 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) FAR 52.204-29 Federal Acquisition Supply Chain Security Act Orders – Representations and Disclosures.

FAR 52.212-1 Instructions to Offerors -- Commercial Items (NOV 2021) FAR 52.212-3 Offeror Representations and Certifications – Commercial Products and Services FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran – Representation and Certifications (JUN 2020) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/car

PROVISIONS Incorporated By Full Text Additionally, the highlighted full-text provisions are required to be completed and returned with the solicitation Volume III response:

FAR 52.204-17 Ownership or Control of Offeror (August 2020)

(a) Definitions. As used in this provision-- Commercial and Government Entity (CAGE) code means--

1. An identifier assigned to entities located in the United States or its outlying areas by the

Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

2. An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

(b) The Offeror represents that it [--] has or [--] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates has in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name:

(Do not use a doing business as name) Is the immediate owner owned or controlled by another entity?:

[--] Yes or [--] No.

(d) If the Offeror indicates yes in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a doing business as name)

52.204-26 Covered Telecommunications Equipment or Services-Representation (October 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

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

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

FAR 52.209-2 Prohibition on Contracting With Inverted Domestic Corporations- Representation (November 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

1. It [ ] is, [ ] is not an inverted domestic corporation; and

2. It [ ] is, [ ] is not a subsidiary of an inverted domestic corporation.

FAR 52.225-2 Buy American Certificate (October 2022) (a)

(1) The Offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product and that each domestic end product listed in paragraph (c) of this provision contains a critical component.

(2) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.

(3) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

https://www.acquisition.gov/far/25.105#FAR_25_105

(4) The terms “commercially available off-the-shelf (COTS) item,” “critical component,” "domestic end product," "end product," and "foreign end product" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(b)Foreign End Products:

Other End Products:

Line Item No. Country of Origin Exceeds 55% domestic

Content (yes/no)

(b)[List as necessary]

(c) Domestic end products containing a critical component:

Line Item No. ___ [List as necessary]

(d) The Government will evaluate offers in accordance with the policies and procedures of part 25 of the Federal Acquisition Regulation.

(End of provision)

FAR 52.225-18 Place of Manufacture (August 2018)

(a) Definitions. As used in this provision— “Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000- 9999, except—

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

(b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly-

[ ] (1) In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or https://www.acquisition.gov/far/part-25#FAR_Part_25

[ ] (2) Outside the United States.

CAR 1352.233-70 Agency Protests (APR 2010)

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

16,651 (April 6, 1999)

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

NIST/ACQUISITION MANAGEMENT DIVISION

ATTN: Donald Collie, CONTRACTING OFFICER 100 Bureau Drive, MS 1640 Gaithersburg, MD 20899

(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address:

ATTN: HEAD OF THE CONTRACTING OFFICE (HCO)

100 Bureau Drive, MS 1640 Gaithersburg, MD 20899

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

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

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

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

Washington, D.C. 20230.

FAX: (202) 482-5858

(End of clause)

CAR 1352.233-71 GAO and Court Of Federal Claims Protests (APR 2010)

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

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

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

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

Washington, D.C. 20230.

FAX: (202) 482-5858

CLAUSES Incorporated by Reference FAR 52.204-13 System for Award Management Maintenance (OCT 2018) FAR 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) FAR 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) FAR 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services

(DEC 2022)

FAR 52.232-39 Unenforceability Of Unauthorized Obligations (JUN 2013) FAR 52.247-35 F.O.B. Destination, Within Consignee`s Premises (APR 1984) CAR 1352.201-70, Contracting Officer's Authority (APR 2010) CAR 1352.209-73, Compliance with the Laws (APR 2010) CAR 1352.209-74 Organizational Conflict of Interest (APR 2010)

CLAUSES Incorporated by Full Text

FAR 52.212-5 - Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (MAR 2023)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115- 91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (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. 3805note).

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

52.203-6 (Alt 1), Restrictions on Subcontractor Sales to the Government (Nov 2021) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (31 U.S.C. 6101 note).

52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023)

52.204-28, Fed Acquisition Supply Chain Act Orders (Dec 2023) 52.204-30, Fed Acquisition Supply Chain Act Orders – Prohibition (Dec 2023) 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).

52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).

52.219-14, Limitations of Subcontracting (Oct 2022) 52.219-28, Post Award Small Business Program representation (Oct 2022) (15 U.S.C.

632(a)(2).

52.219-33, Nonmanufacturer Rule (Sept 2021) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

52.222-19, Child Labor—Cooperation with Authorities and Remedies (Dec 2022) (E.O.

13126).

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

52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

52.222-37, Employment Reports on Veterans (Jun 2020) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O.

13627).

52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (June 2020) (E.O. 13513).

52.225-1, Buy American – Supplies (Oct 2022) 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).

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

(End of clause)

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):

FAR Clauses: https://www.acquisition.gov/browse/index/far CAR Clauses: https://www.acquisition.gov/car

(End of Clause)

CAR 1352.246-70 Place of Acceptance (APR 2010)

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

(b) The place of acceptance will be:

100 Bureau Drive, Gaithersburg, MD. 20899-0001.

NIST LOCAL CLAUSES

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/car

NIST LOCAL-53 Contract Performance During Changes in NIST Operating Status Unless otherwise stated in the contract terms and conditions, normal days of business operation are Monday through Friday, excluding Federal Holidays. However, throughout the contract period of performance, there may be circumstances beyond the control of the U.S. Department of Commerce, National Institute of Standards and Technology (NIST), that will impact normal days of business operation, such as inclement weather, power outages, etc. In circumstances such as these, the Contractor must call the appropriate NIST campus status line to verify the operating status:

Gaithersburg Campus Operating Status Line:

(301) 975-8000

(800) 437-4385 x8000 (toll free)

Boulder Campus Operating Status Line:

(303) 497-4000

During a lapse in appropriation, access to Government facilities and resources, including equipment and systems, will be limited to excepted personnel for both Federal employees and Contractor personnel. If performance of the contract is onsite and/or requires Government interaction, unless you have been, or are notified that you are to work under an excepted status, you will automatically enter a temporary work stoppage. The work stoppage shall remain in effect until the lapse is resolved and notification is provided via the NIST website at https://www.nist.gov/ and/or the NIST operating status lines. Additionally, Contractors are encouraged to monitor public broadcasts or the Office of Personnel Management’s website at www.opm.gov for the Federal Government operating status.

NIST will provide notification to all contractors that are determined to have excepted status. All excepted contractors are required to continue performance and communicate with the appointed Contracting Officer’s Representative (COR) for further guidance, or NIST Contracting Officer if a COR is not appointed.

Contractors with supply or service contracts that are fully funded at the time of contract award and do not require access to Government facilities, resources, or active administration by Government personnel in a manner that would cause the government to incur additional obligations during the lapse in appropriation may continue performance.

NIST LOCAL-54 ELECTRONIC BILLING INSTRUCTIONS

NIST requires that Invoice/Voucher submissions are sent electronically via email to

INVOICE@NIST.GOV.

Each Invoice or Voucher submitted shall include the following:

(1) Contract number;

(2) Contractor name and address;

mailto:INVOICE@NIST.GOV

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

(4) Date of invoice;

(5) Invoice number;

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

(7) Contract Line Item Number (CLIN);

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

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

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

http://www.sam.gov/