1333ND25CNB190003 SF1449 Award Final Signed 2025 03 14.pdf
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- Pure Water System Maintenance Federal contract opportunity
- Solicitation number
- 1333ND25CNB190003
About this file
This is a Standard Form 1449 contract award document for Pure Water Systems Maintenance and Emergency Repair Services at the National Institute of Standards and Technology (NIST) Gaithersburg Campus. The contract was awarded to Hydro Service & Supplies, Inc. for a total value of $642,385.83, with a base period of $127,415.83 covering March 15, 2025 through February 28, 2026. The contract includes a base year and four 1-year option periods, plus an additional 6-month extension option.
The procurement was a competitive, total small business set-aside using NAICS code 221310 with a size standard of $41 Million. The contract covers maintenance, scheduled and unscheduled maintenance, and minor repairs for pure water systems in Buildings 221, 222, and 227 at the NIST Gaithersburg facility. Services include monthly pre-filter changes, semi-annual and annual system maintenance, emergency callbacks within 2 hours, and comprehensive reporting. The contractor is responsible for maintaining water quality, replacing components, and ensuring optimal system performance through preventative and corrective maintenance.
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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
Attachment Page
PAGE 3 OF 37 1333ND25CNB190003
1333ND25CNB190003
GENERAL AWARD INFORMATION
1. Type of Contract:
This is a Firm-Fixed Price Contract 1333ND25CNB190003
2. Contractor’s Point of Contact: HYDRO SERVICE & SUPPLIES, INC Name: Joseph Hutchison/Division Manager Phone Number: Office: 301-770-2120; Mobile: 919-452-6111 Email: JHutchison@HydroService.com
3. Contracting Officer:
Name: Tony Schmidt Phone Number: 303-497-3141 Email: tony.schmidt@nist.gov
4. Contract Specialist:
Name: Derrick Fletcher Phone Number: 301-975-0556 Email: derrick.fletcher@nist.gov
5. NIST Technical Point of Contact/COR:
Name: Randy S. Weidner Phone Number: 301-975-6854 Email: randy.weidner@nist.gov
6. NIST Contracting Officer’s Representative (COR) if Applicable: NA
7. NIST Alternative Contracting Officer’s Representative (ACOR) if Applicable: NA
8. Designated Government Official (reference NIST SOP 01-14):
a. __X___ Technical POC/Administrative Officer
b. __X___ COR/ACOR
c. _____ Contracting Officer
See the local billing clause for specific instructions on invoice submission. Questions regarding invoice submission should be directed toward the contract specialist or the contracting officer.
9. Extended Test/Acceptance Period: No Test/Acceptance Period Ends: N/A
10. Additional Information:
The Contractor shall adhere to the terms and conditions of this Contract
SCHEDULE Continued
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
Invoicing Address:
NATIONAL INST OF STDS AND TECHNOLOGY
100 BUREAU DRIVE STOP 1640
BUILDING 301 ROOM B129
GAITHERSBURG MD 20899-1640
Base Period: Recurring Preventative Maintenance Services
0001 Bldgs. 221, 222 & 227 Pure Water Preventive Maintenance and Repairs Services at the NIST Gaithersburg, MD Campus
Accounting and Appropriation Data:
57.25.0003.070102000.1931862.000.
1019019300000000.25990000.000000 $103,279.56
PR NUMBER: NB193000-25-00101
Period of Performance: 03/15/2025 to 02/28/2026
12.00 MO 8,606.63 103,279.56
Base Period: Repair Services
0002 Bldgs. 221, 222 & 227 Pure Water Unscheduled Preventive Maintenance & Repair Services
Accounting and Appropriation Data:
57.25.0003.070102000.1931862.000.
1019019300000000.25990000.000000 $24,136.27
PR NUMBER: NB193000-25-00101
Period of Performance: 03/15/2025 to 02/28/2026
1.00 LO 24,136.27 24,136.27
Option Period 1: Recurring Preventative Maintenance
OPT
1001 Bldgs. 221, 222 & 227 Pure Water Preventive
Maintenance and Repairs Services at the NIST Gaithersburg, MD Campus
Period of Performance: 03/01/2026 to 02/28/2027
12.00 MO 7,911.00 94,932.00
Option Period 1: Repair Services
OPT
1002 Bldgs. 221, 222 & 227 Pure Water Unscheduled
Preventive Maintenance & Repair Services
Period of Performance: 03/01/2026 to 02/28/2027
1.00 LO 25,000.00 25,000.00
Option Period 2: Recurring Preventative Maintenance
OPT
2001 Bldgs. 221, 222 & 227 Pure Water Preventive
Maintenance and Repairs Services at the NIST Gaithersburg, MD Campus
Period of Performance: 03/01/2027 to 02/29/2028
12.00 MO 8,027.00 96,324.00
Option Period 2: Repair Services
2002 Bldgs. 221, 222 & 227 Pure Water Unscheduled
Period of Performance: 03/01/2027 to 02/29/2028
PAGE 4 OF 37 1333ND25CNB190003
SCHEDULE Continued
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
Option Period 3: Recurring Preventative Maintenance
OPT
3001 Bldgs. 221, 222 & 227 Pure Water Preventive
Maintenance and Repairs Services at the NIST Gaithersburg, MD Campus
Period of Performance: 03/01/2028 to 02/28/2029
12.00 MO 8,146.00 97,752.00
Option Period 3: Repair Services
3002 Bldgs. 221, 222 & 227 Pure Water Unscheduled
Preventive Maintenance & Repair Services
Period of Performance: 03/01/2028 to 02/28/2029
Option Period 4: Recurring Preventative Maintenance
OPT
4001 Bldgs. 221, 222 & 227 Pure Water Preventive
Maintenance and Repairs Services at the NIST Gaithersburg, MD Campus
Period of Performance: 03/01/2029 to 02/28/2030
12.00 MO 8,270.00 99,240.00
Option Period 4: Repair Services
4002 Bldgs. 221, 222 & 227 Pure Water Unscheduled
Period of Performance: 03/01/2029 to 02/28/2030
Extension Period: Recurring Preventative Maintenance
OPT
5001 Bldgs. 221, 222 & 227 Pure Water Preventive
Maintenance and Repairs Services at the NIST Gaithersburg, MD Campus
Period of Performance: 03/01/2030 to 08/31/2030
6.00 MO 2,787.00 16,722.00
Extension Period: Repair Services
5002 Bldgs. 221, 222 & 227 Pure Water Unscheduled
Preventive Maintenance & Repair Services
Period of Performance: 03/01/2030 to 08/31/2030
1.00 LO 10,000.00 10,000.00
PAGE 5 OF 37 1333ND25CNB190003
Table of Contents
Section A Standard Form (SF) 1449
Section B Continuation of SF1449
Section C Contract Clauses
52.212-5 Deviation (Feb 2025)
52.216-18ORDERING (AUG 2020)
52.216-19 ORDER LIMITATIONS (OCT 1995)
52.216-22 INDEFINITE QUANTITY (OCT 1995)
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)
52.203-16PREVENTING PERSONAL CONFLICTS OF INTEREST (JUN 2020)
52.203-17CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS (NOV 2023)
52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)
52.204-13SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)
52.212-4CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)
52.223-2REPORTING OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (MAY 2024)
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)
52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)
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)
52.237-2 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)
52.253-1 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)
1352.237-71 SECURITY PROCESSING REQUIREMENTS - LOW RISK CONTRACTS (APR 2010)
1352.201-72 CONTRACTING OFFICER`S REPRESENTATIVE (COR) (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-55ELECTRONIC BILLING INSTRUCTIONS FOR DELIVERY/TASK ORDERS
NIST LOCAL-56INVOICING PROCESSING PLATFORM-ALTERNATE I (DEC 2022)
Section D Contract Documents,Exhibits,Attachments
PAGE 6 OF 37 1333ND25CNB190003
CLAUSES
Section A Standard Form (SF) 1449
PAGE 7 OF 37 1333ND25CNB190003
SECTION A - STANDARD FORM(S)
REFER TO SF1449
Section B Continuation of SF1449
PAGE 8 OF 37 1333ND25CNB190003
SECTION B – CONTINUATION OF STANDARD FORM 1449
SCOPE OF WORK
Building 221, 222, and 227 Pure Water Systems PM and Repair Services
I. BACKGROUND
The NIST Gaithersburg campus has three (3) Reverse Osmosis & Deionization (RO/DI) Pure Water systems that currently require a service contract. These systems provide high-quality water for research and require scheduled maintenance to function correctly.
II. PERIOD OF PERFORMANCE
The Contract's performance period is for one 1-year Base plus four (4) 1-year Options, and a six (6)-Month Extension totaling five (5) years and six (6) months.
Regular business hours are 7:00 a.m. to 5:00 p.m., Monday through Friday, excluding federal holidays.
III. GENERAL SCOPE
The Contractor shall provide all professional services, equipment, materials and parts, and administration for this requirement. NIST shall procure the services of a fully qualified Maintenance Contractor to provide specialized equipment preventative maintenance, system operating optimization and monitoring, consumable component supply, supply and installation of replacement equipment, and technical support to allow continuous, high-performance operation of the indicated Pure Water/Deionized Water Systems at the NIST Gaithersburg, MD facility.
IV. CONTRACT MANAGEMENT
For each year, the contract shall maintain (3) three contract line-item numbers (CLIN) as follows:
1. Routine Maintenance (Firm Fixed Price)
2. Unscheduled Maintenance and (Fixed Rated)
3. Emergency Services (Fixed Rated)
Unscheduled Maintenance and Emergency Services CLINs shall replicate Time and Materials contracts in that:
o A ceiling price – not to exceed (NTE) – shall be provided per task;
o The contractor shall make a good-faith effort to meet the Government's needs below or at the ceiling price;
o The contractor shall establish fully burdened labor rates that also cover overhead and profit for each CLIN;
and o Direct material costs and certified labor hours summary sheets shall be provided to the COR along with the billing statement.
V. INSTALLATION
The Contractor shall complete work according to the manufacturer's recommendations and industry standards to maintain the designated water quality.
Services interrupting the client's deionized (DI) water supply shall be coordinated with the Contracting Officer Representative (COR) with 30 days advance notice. The contractor may be required to provide service after regular
PAGE 9 OF 37 1333ND25CNB190003
business hours and on weekends, as deemed necessary by the Government.
VI. Quality Control
Quality control is the exclusive responsibility of the Contractor. The COR will continuously audit the Contractor’s work performed under this contract.
VII. Materials and Equipment
The material and equipment to be furnished under this contract shall be standard products and shall comply with the manufacturers’ latest standard design.
All materials and equipment to be incorporated in this contract shall be handled and stored by the manufacturer, fabricator, supplier, or Contractor before, during, and after shipment in a manner to prevent warping, twisting, breaking, rusting, and any injury, theft, or damage of any kind whatsoever to the materials and equipment. All materials and equipment furnished by the Contractor shall be subject to inspection and approval by the COR.
All Chemicals shall be stored in the Manufacturer’s container, following the manufacturer’s instructions, and correctly labeled.
VIII. ROUTINE MAINTENANCE REQUIREMENTS
Upon commencement of the maintenance program, the Contractor shall immediately recommend repairs to systems to replace worn or dysfunctional components and restore the equipment to prime condition.
The Contractor shall provide the COR with a maintenance schedule for any inspection. This will allow the Government time to coordinate facility downtime and schedule accordingly. The schedule will include the date, time, and building number.
Maintenance shall be scheduled during regular business hours, preferably between 7:00 a.m. and 3:00 p.m.
Monday through Friday, excluding all federal holidays. The Contractor shall perform scheduled Preventive Maintenance (PM) for the RO/DI systems and all subsystems to maintain the designated water quality. The planned maintenance shall include periodic inspection, replacing or replenishing media, and repair or replacement of parts due to normal wear and tear. Field engineering changes or upgrades to the equipment shall be installed during scheduled maintenance. Minor problems occurring since the last scheduled maintenance, or PM, shall be corrected.
A. Buildings 221, 222, and 227
1. Monthly
The RO pre-filters shall be changed monthly o Check the functions and the operations of all components of each system.
2. Semi-annually
Replace the 1 set of Polishing DI tanks as needed to maintain 17.5MegOhm/cm or more significant.
3. Annually
• Re-bed the Carbon Tanks.
• Replace the UV Lamps and clean the quartz sleeves.
• Sterilize the Pure Water System using hydrogen peroxide and ozone.
• Calibrate all levels, flow, PH, and MegOhm/cm.
PAGE 10 OF 37 1333ND25CNB190003
• Replace the holding tank vent filter.
• Replace the Pure Water loop filters.
• Clean the RO membranes.
IX. OVER AND ABOVE NORMAL MAINTENANCE AND REPAIR (UNSCHEDULED
MAINTENANCE)
The contractor shall complete maintenance/repairs above and beyond normal maintenance/repairs because of discrepancies noted during the scheduled PM inspection assessment or emergency repairs needed on RO/DI equipment. This includes maintenance/repairs not associated with the scheduled preventative maintenance.
Unscheduled maintenance work is maintenance or preventative maintenance that needs to be accomplished out-of-cycle concerning scheduled maintenance work or preventative maintenance but is not an emergency.
Unscheduled maintenance and repair shall include fixing problems found during scheduled maintenance that are not a part of the planned maintenance.
X. OVER AND ABOVE NORMAL MAINTENANCE AND REPAIR (EMERGENCY SERVICE)
The contractor will be available for emergency callbacks within 2 hours of notice, 24 hours a day, seven days a week.
The contractor shall bill for emergency service work on a separate CLIN.
The contractor will be responsible for all consumables needed to perform all work under this service contract.
The Contracting Officer must first approve any additional work to be performed, and then the COR will coordinate the work’s accomplishment.
XI. PERSONNEL
• Key Personnel, Primary Support Technician: The maintenance Contractor's primary support technician shall hold a Bachelor of Science degree in a related field of Engineering, be qualified and able to diagnose Deionized Water System operational issues, including: process, mechanical, and electrical controls-related issues, and be capable of making verbal and written recommendations for proper system repairs and improvements.
• The contractor shall provide the name and telephone number of two persons to be called in case of an emergency involving any of the above RODI systems (primary and alternate). NIST will provide the name and phone number of the COR, with whom the contractor should communicate regarding questions.
• The Contractor shall be factory-certified to perform polypropylene pipe welding. The Contractor shall own all welding equipment necessary to perform piping system repairs and expansions, as required.
XII. REPORTING REQUIREMENTS AND DELIVERABLES
The contractor shall provide an electronic report (.pdf) to the Contracting Officer Representative (COR) within 48 hours after completing the inspection. The report will include the following:
• Verify that all items have been worked on and inspected.
• System Performance Evaluation.
• Any safety conditions that may require immediate attention.
• All deficiencies and recommended corrective actions.
PAGE 11 OF 37 1333ND25CNB190003
• Cost estimates for any additional unscheduled maintenance.
• Photos, if applicable.
XIII. SAFETY REQUIREMENTS
Before a notice to proceed is issued, the Contractor shall submit a job-specific Health and Safety Plan to the COR to coordinate review and approval by the NIST Plant Safety Office. Once the Plan is approved, the CO will issue the notice to proceed.
The Contractor shall be responsible for ensuring their personnel have all Occupational Safety and Health
Administration {OSHA) required personal protective equipment (PPE). Any personnel who do not have the proper PPE will be asked to leave the job site until they acquire the missing PPE.
XIV. Warranty
The Contractor shall submit data concerning the standard one-year warranty for workmanship to the COR, including the warranty period (dates) and warranty contacts with names, addresses, and telephone numbers.
Any extended equipment/product Warranties: Obtain and furnish to the COR all written warranties for equipment/products furnished under this contract that have extended warranties (i.e., warranty periods exceeding the standard one-year warranty). The warranty period shall begin on the same day as project acceptance and continue for the full/product warranty period. The warranties shall be fully executed and delivered to the Contracting Officer (CO) before final approval.
XV. EQUIPMENT
The following equipment is included in the scope of this service contract:
A. General Purpose Laboratories (GPL) (Buildings 221, 222, and 227)
Building 221 includes the entire system delineated by the green lines in the image below (NIST maintains red lines), and includes:
• NIBCO ¾” shutoff valve
• Wilkins ¾” PRV
• ASAHI Ball Valves
• Pentair Poly Glass Pressure Vessel (Model 1054)
• Water Softener, by Erie – incl. Brine Tank
• RO Pre-Filter, 20” Carbon / 5 um Filter Cartridge
• US Filter Reverse Osmosis System, 2300 gpd
• Pure Water Storage Tank, 245-gal Conical Bottom &
• Accessories
• Grundfos CRN3 Distribution Pump, 15.9 gpm, 0.75HP
• Final Filter Housing, Three (3) 222 Fin Cartridges, 10” 0.2um
• Main Control Panel with associated meters and gauges, piping, and valves
PAGE 12 OF 37 1333ND25CNB190003
Building 222 includes the entire system delineated by the green lines in the below images (NIST maintains red lines) and includes:
• ¾” Honeywell Sparcomix Temperature Blending valve
• ¾” Watts PRV
• Water Softener – including Brine Tank
• HydroMax RO Skid, 0.5 gpm
• Mighty Pure MP36C Ultraviolet Sterilizer
• Control Panel
• Mixed Beds Deionizers in series (2)
• 200 gals Holding Tank w/atmospheric air filter
• Berkeley BVMX2-60 Distribution Pumps (2)
• Post RO Microfilter
• Associated meters and gauges, piping, and valves
Contractor Maintained
Limit
Contractor Maintained
Limit
PAGE 13 OF 37 1333ND25CNB190003
Contractor
In Building 227, a US filter is supplied by the Central Water Purification System. The system comprises duplex pretreatment, two reverse osmosis systems, a CDI unit, and deionizer polishing. The system is designed to provide CAP III purified water quality at 125 gpm measured at the 0.1-micron final filters. Unfortunately, the system capacity was vastly overdesigned for today’s use. Many components have been isolated to cut down on energy and maintenance costs. The contractor shall maintain all equipment, including currently inactive components if greater capacity is required. Building 227 includes the entire system delineated by the green lines in the below images (NIST maintains red lines) and includes:
• Blend Valve, 1 ½” inlet & outlet, 45-60 gpm, Lawler Model 802
• Multimedia Filter, Duplex, 24” dia w/2” I/O, 30-60 gpm
• Water Softener, Dual alternating, 24” dia w/2” I/O, 56-84 gpm
• Filter, (2) 20” 6 round, (FCR0F2005) 304 Stainless Steel (located after softeners) (1 currently inactive)
• Break Tank, 200 gal FRP w/Rupture Disc Monitor
Contractor Maintained
Limit
Contractor Maintained
Limit
Contractor
PAGE 14 OF 37 1333ND25CNB190003
Limit
Contractor Maintained
Limit
• Heat Exchanger, w/ Temperature Regulating Valve
• Booster pumps, (2) LABOUR AA8LF-LVA, 460 V. / 3 PH. / 7.1 FLA (currently inactive)
• Carbon Filter, 24” dia w/2” I/O, 15-30 gpm, Duplex Alternating
• RO Prefilter, (2), 20” 6 rounds, (FCR0F2005) 304 Stainless Steel (located after carbon o
• filter)
• Reverse Osmosis Units, Duplex, 12,000 GPD, Vertical W/ Controller (ROSLV212023133)
• (1 currently inactive)
• Cleaning Skid, RO 480 V. / 3 PH / 60 HZ
• U.V. Sterilizer Unit, Aquafine RBE-4R (currently inactive)
• CDI System, 230 V. / 1 PH / 60 HZ / 22 Amps (currently inactive)
• Storage Tank, 1000 gal FRP, w/ Rupture Disc Monitor
• Distribution pumps, (2) 480 V / 3 PH / 60 HZ / 26 FLA
• U.V. Sterilizer Unit, Aquafine RBE-16R160
• Filter Housing, 40” 6 round, 0.1 Micron (FCWS040S1 Carts) 304 Stainless Steel (1 currently inactive)
• Main Communications panel w/A-B SLC 5 / 02 PLC Controller
• Associated meters and gauges, piping, and valves
PAGE 15 OF 37 1333ND25CNB190003
Limit
Contractor Maintaine d Limit
Section C Contract Clauses
PAGE 16 OF 37 1333ND25CNB190003
SECTION C - CLAUSES
52.212-5 Deviation (Feb 2025)
PAGE 17 OF 37 1333ND25CNB190003
52.212-5: Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (Jan 2025)
(DEVIATION FEB 2025)
(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.]
_x_ (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)).
PAGE 18 OF 37 1333ND25CNB190003
__ (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.)
_x_ (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).
_x_ (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].
_x_ (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).
_x_ (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 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.
_x_ (12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded.
(Jan 2025) ( 31 U.S.C. 6101 note).
_x_ (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).
PAGE 19 OF 37 1333ND25CNB190003
__ (17) [Reserved]
_x_ (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.
_x_ (20) 52.219-8, Utilization of Small Business Concerns (Jan 2025)( 15 U.S.C. 637(d)(2) and (3)).
_x_ (21) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2025) ( 15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Nov 2016) of 52.219-9.
__ (iii) Alternate II (Nov 2016) of 52.219-9.
__ (iv) Alternate III (Jun 2020) of 52.219-9.
__ (v) Alternate IV (Jan 2025) 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.
_x_ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 657s).
__ (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, Postaward Small Business Program Rerepresentation (Jan 2025) (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)).
PAGE 20 OF 37 1333ND25CNB190003
__ (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)).
_x_ (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
_x_ (32) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2025)( E.O. 13126).
__ (33) [Reserved]
__ (34) [Reserved]
_x_ (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.
_x_ (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.
_x_ (37) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).
_x_ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_x_ (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).
_x_ (40) 52.222-54, Employment Eligibility Verification (Jan 2025) ( Executive Order 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.)
PAGE 21 OF 37 1333ND25CNB190003
__ (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.)
_x_ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) ( 42 U.S.C. 7671, et seq.).
_x_ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) ( 42 U.S.C. 7671, et seq.).
_x_ (44) 52.223-20, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.).
_x_ (45) 52.223-21, Foams (May 2024) ( 42 U.S.C. 7671, et seq.).
_x_ (46) 52.223-23, Sustainable Products and Services (May 2024) (Deviation Feb 2025) (7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).
_x_ (47) (i) 52.224-3 Privacy Training (Jan 2017) ( 5 U.S.C. 552 a).
__ (ii) Alternate I (Jan 2017) of 52.224-3.
_x_ (48) (i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).
__ (ii) Alternate I (Oct 2022) of 52.225-1.
__ (49) (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].
__ (iii) Alternate II (Jan 2025) of 52.225-3.
__ (iv) Alternate III (Feb 2024) of 52.225-3.
__ (v) Alternate IV (Oct 2022) of 52.225-3.
__ (50) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_x_ (51) 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) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National
PAGE 22 OF 37 1333ND25CNB190003
Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
__ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) ( E.O. 13513).
__ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
__ (57) 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).
__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
_x_ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).
__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
_x_ (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).
_x_ (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
__ (64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
__ (65) (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:
PAGE 23 OF 37 1333ND25CNB190003
[Contracting Officer check as appropriate.]
_x_ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).
_x_ (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).
_x_ (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) ( 29U.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).
_x_ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
_x_ (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).
__ (10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (Jan 2025) ( 49 U.S.C. 40118(g)).
(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, PAGE 24 OF 37 1333ND25CNB190003
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 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)
PAGE 25 OF 37 1333ND25CNB190003
(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 (Jan 2025) ( 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) [Reserved]
(x) [Reserved]
(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 (Jan 2025) ( E.O. 12989).
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
PAGE 26 OF 37 1333ND25CNB190003
(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) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821- 1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
(xxvii) 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)
52.216-18 ORDERING (AUG 2020)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 01/10/2025 through 5/31/2030
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) A delivery order or task order is considered "issued" when--
(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;
(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or
(3) If sent electronically, the Government either--
(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or
(ii) Distributes the delivery order or task order via email to the Contractor's email address.
(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.
(End Of Clause)
52.216-19 ORDER LIMITATIONS (OCT 1995)
(a) "Minimum order." When the Government requires supplies or services covered by this contract in an amount of less than $2500.00 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) "Maximum order." The Contractor is not obligated to honor--
(1) Any order for a single item in excess of $250,000.00
(2) Any order for a combination of items in excess of $250,000.00 or
(3) A series of orders from the same ordering office within seven (7) days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within one (1) days after issuance, with written notice stating the Contractor`s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
(End of Clause)
52.216-22 INDEFINITE QUANTITY (OCT 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor`s and Government`s rights and obligations with respect to that order to the same extent as if the order were completed during the contract`s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 5/31/2030
PAGE 27 OF 37 1333ND25CNB190003
52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
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
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 15 days 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):
http://www.acquisition.gov/far/index.html (FAR) and https://www.acquisition.gov/car (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)
52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST (JUN 2020)
(Reference 52.203-16)
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS (NOV 2023)
(Reference 52.203-17)
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)
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) (Reference 52.204-19)
52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023) (Reference 52.212-4)
PAGE 28 OF 37 1333ND25CNB190003
52.223-2 REPORTING OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (MAY 2024) (Reference 52.223-2)
52.228-5 INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN 1997)
(Reference 52.228-5)
52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)
(Reference 52.229-3)
52.232-1 PAYMENTS (APR 1984)
(Reference 52.232-1)
52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)
(Reference 52.232-8)
52.232-11 EXTRAS (APR 1984)
(Reference 52.232-11)
52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)
(Reference 52.232-23)
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)
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)
52.253-1 COMPUTER GENERATED FORMS (JAN 1991)
(Reference 52.253-1)
1352.201-70 CONTRACTING OFFICER?s AUTHORITY (APR 2010) (Reference 1352.201-70)
1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)
(Reference 1352.209-73)
1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)
(Reference 1352.209-74)
1352.213-70 EVALUATION UTILIZING SIMPLIFIED ACQUISITION PROCEDURES (APR 2010)
(Reference 1352.213-70)
1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)
(Reference 1352.233-71)
PAGE 29 OF 37 1333ND25CNB190003
1352.237-71 SECURITY PROCESSING REQUIREMENTS - LOW RISK CONTRACTS (APR 2010)
(Reference 1352.237-71)
1352.201-72 CONTRACTING OFFICER`S REPRESENTATIVE (COR) (APR 2010)
(a) Randy S. Weidner is hereby designated as the Contracting Officer`s Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at:
National Institute of Standards and Technology 100 Bureau Drive Gaithersburg MD 20899
Phone Number: 301-975-6854 Email: randy.weidner@nist.gov
(b) The responsibilities and limitations of the COR are as follows:
(1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.
(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor.
1352.246-70 PLACE OF ACCEPTANCE (APR 2010)
(a) The Contracting Officer or the duly authorized representative will accept supplies and services…
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