1333ND25QNB190001 SF1449 Solicitation 2025 01 02.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

Base Period, Liquid Helium Supply Services

0001 The Contractor shall furnish the necessary personnel, material, equipment, services, and facilities to supply liquid helium in 30, 60, 100, and 250 liter Contractor-owned dewars in accordance to the scope of work.

PR NUMBER: NB059000-25-00011

Period of Performance: 04/01/2025 to 03/31/2026

50000.00 LT

Base Period, Dewar Rental Services

0002 Dewar rental in accordance to the Scope of Work

PR NUMBER: NB059000-25-00011

12.00 EA

Base Period, Off-Day Delivery Services

0003 Estimated Off Day Delivery (Emergency Deliveries) in accordance to the scope of work.

PR NUMBER: NB059000-25-00011

Option Period 1, Liquid Helium Supply Services

OPT

1001 The Contractor shall furnish the necessary personnel, material, equipment, services, and facilities to supply liquid helium in 30, 60, 100, and 250 liter Contractor-owned dewars in accordance to the scope of work.

PR NUMBER: NB059000-25-00011

Period of Performance: 04/01/2026 to 03/31/2027

40000.00 LT

Option Period 1 , Dewar Rental Services

1002 Dewar rental in accordance to the Scope of Work

Option Period 1, Off-Day Delivery Services

1003 Estimated Off Day Delivery (Emergency Deliveries) in

Option Period 2, Liquid Helium Supply Services

2001 The Contractor shall furnish the necessary personnel, material, equipment, services, and facilities to supply liquid helium in 30, 60, 100, and 250 liter Contractor-owned dewars in accordance to the scope of work.

PR NUMBER: NB059000-25-00011

Period of Performance: 04/01/2027 to 03/31/2028

35000.00 LT

Option Period 2, Dewar Rental Services

2002 Dewar rental in accordance to the Scope of Work

PAGE 3 OF 48 1333ND25QNB190001

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Option Period 2, Off-Day Delivery Services

2003 Estimated Off Day Delivery (Emergency Deliveries) in

Extension Period, Liquid Helium Supply Services

3001 The Contractor shall furnish the necessary personnel, material, equipment, services, and facilities to supply liquid helium in 30, 60, 100, and 250 liter Contractor-owned dewars in accordance to the scope of work.

Period of Performance: 04/01/2028 to 09/30/2028

35000.00 LT

Extension Period, Dewar Rental Services

3002 Dewar rental in accordance to the Scope of Work

Extension Period, Off-Day Delivery Services

3003 Estimated Off Day Delivery (Emergency Deliveries) in

PAGE 4 OF 48 1333ND25QNB190001

Table of Contents

Section A Standard Form (SF) 1449

Section B Continuation of SF1449

Section C Contract Clauses

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

PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

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)

52.203-17CONTRACTOR 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)

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

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

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

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)

52.232-17 INTEREST (MAY 2014)

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)

52.245-1GOVERNMENT PROPERTY (SEP 2021)

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

52.247-34 F.O.B. DESTINATION (NOV 1991)

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)

1352.228-70 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

PAGE 5 OF 48 1333ND25QNB190001

Table of Contents

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

Section E Solicitation Provisions

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

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

2024)

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)

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS--REPRESENTATION (JAN 2017)

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)... 41

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

52.223-1BIOBASED PRODUCT CERTIFICATION (MAY 2024)

52.225-25PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING

TO IRAN--REPRESENTATION AND CERTIFICATIONS (JUN 2020)

52.229-11Tax on Certain Foreign Procurements--Notice and Representation (JUN 2020)

52.233-2 SERVICE OF PROTEST (SEP 2006)

Addendum to 52.212-1, Instructions to Offerors

Addendum to 52.212-2 Evaluation/Basis for Award

PAGE 6 OF 48 1333ND25QNB190001

CLAUSES

Section A Standard Form (SF) 1449

PAGE 7 OF 48 1333ND25QNB190001

SECTION A - STANDARD FORM(S)

REFER TO SF1449

Section B Continuation of SF1449

PAGE 8 OF 48 1333ND25QNB190001

Version 9/27/2024 Scope of Work

SECTION B – CONTINUATION OF STANDARD FORM 1449

Scope of Work Liquid Helium Delivery

BACKGROUND

Liquid helium (LHe) is used for cryogenic applications in over 35 programs across the National Institute of Standards and Technology (NIST) (including standards development and dissemination, initiatives, Innovations in Measurement Science (IMS) projects, and other agency projects). LHe has several unique properties, including an extremely low boiling point and its non-reactivity, so it cannot be replaced by other gases easily.

NIST Gaithersburg purchases and consumes significant quantities of LHe each year (approximately 50,000 and up to 65,000 liters per year).

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

OBJECTIVE

The Contractor shall furnish the necessary personnel, material, equipment, services, and facilities to supply LHe in 30, 60, 100, and 250-liter contractor-owned dewars and have the capability to fill and deliver NIST owned 250-liter dewars, on an as-needed basis.

GENERAL REQUIREMENTS

Dewar size indicates product capacity of the dewar. The total quantity of LHe required is estimated at an average of 50,000 liters per year with a maximum of 65,000 liters per year for each year of the contract. The Contractor shall be paid for the quantity of LHe actually ordered and delivered. Rental charges shall be paid in accordance with the timelines and rates negotiated.

As a guide, the following numbers of dewars were ordered per week during the representative years of FY 2021, FY 2022, and FY 2023 but accounting for decrease in NIST research during COVID, the total volume of LHe was, approximately 60,000 liters in 2021, approximately 50,000 liters in 2022, and 35,000 liters in 2023.

Dewar Size (L)

Total Ordered (#)

FY 2021 FY 2022 FY 2023

250 44 25 37 100 605 522 508 60 62 80 115 30 7 10 10

Totals 718 637 670

PAGE 9 OF 48 1333ND25QNB190001

Version 9/27/2024 Scope of Work

Avg. Weekly Order (#)

FY 2021 FY 2022 FY 2023

250 4 1 1 100 12 10 10 60 1 3 2 30 0 0 0

Totals 23 20 16

Peak Weekly Order for Dewar Size (#) Represents a 1-week period

FY 2021 FY 2022 FY 2023

250 5 2 5 100 17 26 20 60 5 7 7 30 1 1 1

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

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

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

LHe orders shall be delivered to NIST’s central shipping and receiving facility. Empty dewars shall be picked up at the same facility. NIST personnel shall be responsible for distributing the LHe throughout the campus and returning empty dewars to the central shipping and receiving location. The Contractor shall deliver to and pick-up from the central shipping and receiving facility located at Building 301, 100 Bureau Drive, Gaithersburg, MD.

Material shall be packed for shipment in such a manner that will ensure safe delivery at destination. All vessels must be able to be safely used in the condition that they are delivered. Containers and closures shall comply with ICC regulations, Uniform Freight Classification rules, or regulations of other carriers, as applicable to the mode of transportation.

SPECIFIC REQUIREMENTS

1. LIQUID HELIUM PURITY

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

2. DEWAR USAGE CHARGES

The Contractor shall deliver the actual number of dewars ordered in the 30 L, 60 L, 100 L, and 250 L. The Government shall pay the Contractor a flat monthly fee for unlimited use of dewars.

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

PAGE 10 OF 48 1333ND25QNB190001

3. DEWAR REQUIREMENTS

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

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

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

3.4 Dewars shall have a working pressure gauge;

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

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

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

3.8 All 30, 60, and 100-liter dewars shall be supplied with ½ inch Goddard Compression fitting connectors, or equivalent;

All 250-liter dewars shall be supplied with the fittings specified above plus a 5/8-inch Goddard compression fitting or connector, or equivalent;

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

3.9 All dewars shall be provided with nominal liquid level-to-volume calibration charts. These charts must be legible.

This chart is for the convenience of the end-user and is not used for weight determination of delivered product;

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

NIST;

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

• 30 L dewar – less than 5 percent per day;

• 60 L dewar - less than 3 percent per day;

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

• 250 L dewar – less than 2 percent per day.

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

• A 30 L dewar shall have no less than 28 L;

• A 60 L dewar shall have no less than 57 L;

• A 100 L dewar shall have no less than 95 L; and

• A 250 L dewar shall have no less than 237 L.

Due to expected boiloff of a full dewar through weekends, orders that are delivered on Monday may have lower volumes. Dewars that are planned to be delivered on Mondays shall be delivered with a minimum volume in accordance with the following:

• A 30 L dewar shall have no less than 26 L;

• A 60 L dewar shall have no less than 54 L;

PAGE 11 OF 48 1333ND25QNB190001

• A 100 L dewar shall have no less than 90 L; and

• A 250 L dewar shall have no less than 224 L.

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

3.14 All 250 L dewars shall be supplied with a heater unit for building internal pressure;

3.15 All dewars shall be supplied with permanently attached wheels;

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

3.17 Dewars shall be of non-magnetic construction;

3.18 Tare weights shall be indicated on dewars;

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

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

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

The replacement shall be provided on the next day, or on an alternate date as approved by the end-user. Delivery other than the next day must be approved, in advance, by the end-user. Communication with respect to an alternate delivery day will be made by NIST authorized personnel. The Contractor shall not contact the end-user directly.

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

3.23 The Contractor shall provide Teflon O-ring fittings on all dewars. The Contractor shall utilize ½” Teflon O-rings on all dewars and ½” and 5/8” Teflon O-rings for 250-liter dewars. These Teflon O-rings must be changed at every fill.

4. SPECIALTY DEWARS

The Contractor shall have the capability to supply specialty dewars. These dewars are only needed on occasion. Specialty dewars shall be tagged with the end-user’s name prior to delivery. The end-user’s name shall be provided to the Contractor when the order is placed. The Contractor shall have the capability to fill NIST owned 250-liter dewars only ordered on occasion or on an as needed basis. To the maximum extent practicable, NIST shall provide the contractor a one (1) week advance notice when ordering these dewars, however, no additional charge shall apply if a one-week notice cannot be provided.

4.1 Wide mouth, 100-liter dewars. These dewars shall have a minimum opening of 2 inches to allow the use of cryogenic inserts. Historical usage of these dewars is 12 per year.

PAGE 12 OF 48 1333ND25QNB190001

4.2 Purged 100-liter dewars. These dewars shall be thoroughly purged with clean helium gas to remove all contaminants (i.e. water and air) that may have accumulated inside the dewar prior to filling with LHe. Historical usage of these dewars is 20 per year.

NIST Owned 250-liter dewars. These dewars will be NIST-owned equipment and shall be furnished to the Contractor on an as-needed basis for filling. Each dewar will be labeled or marked as NIST owned equipment. To the maximum extent practicable, NIST shall provide the contractor a one (1) week advance notice when ordering these dewars to make sure an empty dewar is available or arrange pick up of empty dewar for filling. Orders for these dewars shall be placed on Tuesday for delivery on the following Tuesday, if delivery cannot be made on the following Tuesday or if there are any delays associated with delivery of these dewars NIST should be notified immediately. Estimated usage of these dewars will 12 – 15 per year.

5. NON-CONFORMANCE WITH SPECIFICATIONS & IDENTIFICATION OF DEWAR MALFUNCTION

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

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

• Report the dewar malfunctions and issues to the Contractor; and

• Return the dewar to the Contractor.

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

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

Dewar problems shall be documented by NIST-authorized personnel and communicated to the COR and the Contract Specialist as they are identified.

5.1 Government-owned dewars shall be inspected per the contractor’s policy prior to filling and if any deficiencies are noted during this inspection and/or during the filling process, the Contractor shall provide recommendations for repair of deficiencies to the COR and the dewar shall be returned to NIST and NIST will provide a replacement dewar for filling. It is not the Contractor’s responsibility to make any repairs on NIST-owned dewars.

6. RECORDS OF DEWAR SERVICE

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

7. COVID-19 PROTOCOLS

Due to the Global Pandemic, NIST is under the recommended CDC guidelines concerning COVID-19 safety and sanitation protocols. These protocols include all contractor and vendor personnel making deliveries to the NIST campus. All delivery personnel must adhere to all NIST COVID-19 safety and sanitation protocols while on the NIST campus, including wearing face coverings when required. If there are any changes to protocols, NIST will notify the contractor of the changes and the effective date.

PAGE 13 OF 48 1333ND25QNB190001

8. REGULAR DELIVERY SCHEDULE

NIST will order LHe two times per week, with delivery occurring two times per week. NIST will provide a four-day lead time for Tuesday deliveries and a three-day lead time for Thursday deliveries. The schedule shall be to place orders on a Friday for the next Tuesday delivery and to place orders on Monday for the next Thursday delivery. Orders shall be placed by phone or e-mail by authorized NIST Storeroom or Acquisition Management personnel not later than 1:30 PM Eastern Time.

Deliveries shall be completed not earlier than 7:00 AM and not later than 3:30 PM Eastern Time. NIST prefers deliveries be completed between 10:00 AM and 1:30 PM Eastern Time unless the Contractor is otherwise advised by the COR, Contracting Officer in Acquisition Management Division (AMD) or Authorized Storeroom Personnel.

Authorized NIST Storeroom personnel are:

Adrian Mitchell - COR Adrian.Mitchell@NIST.Gov 301-975-8254

Christina Davis - ACOR Christina.Davis@NIST.Gov 301-975-2638

Jason Fellows Jason.Fellows@NIST.Gov 301-975-5110

Jared Sawyer Jared.Sawyer@NIST.Gov 301-975-6349

Delivery terms shall be FOB DESTINATION for all deliveries.

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

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

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

If NIST is closed due to national emergency, inclement weather or for any other unscheduled closure on order or delivery days, ordering or delivery shall occur on the following business day. The Contractor may call the NIST status line at 301-975-8000 or 1-800-437-4385 ext. 8000 to determine whether NIST is open for deliveries. This status line can be expected to be updated starting at 6 AM on any given regular business day.

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

8.1 If normal deliveries cannot be made on Tuesday or Thursday due to unforeseen circumstances (e.g., force majeure or major delay in the helium supply chain), the government has the sole discretion to accept deliveries on Monday, Wednesday, or Friday. The Contractor shall notify the Government as soon as possible of the reason for the delay and inform the Government of the new expected delivery day.

PAGE 14 OF 48 1333ND25QNB190001

9. EMERGENCY DELIVERIES

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

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

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

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

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

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

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

10. INSPECTION AND ACCEPTANCE

Weight measurement shall be performed at NIST, by Contractor personnel, at the NIST dock. NIST Storeroom personnel shall witness the weight measurement and document the total weight and tare weight. The liquid helium product weight (total – tare) shall be the LHe volume that will be paid by NIST. The product weight will be provided to the Contractor’s personnel for use by the Contractor when invoicing. NIST will not accept a weight determination from the Contractor’s site.

11. CONFIRMATION OF SERVICE DURING PRODUCT SHORTAGE PERIOD (GUARANTEED DELIVERY)

The Contractor shall maintain procedures to continue service to NIST in the event of a product shortage. The Contractor and Subcontractor shall provide written proof that NIST will have priority and receive their full Liquid Helium order during a shortage. All shortages and any potential impact on price must be communicated to the Contract Specialist and the COR via e-mail or other written form no later than 24 hours after the shortage is identified.

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

12. SECURITY REQUIREMENTS

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

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

In the event of weekend or holiday deliveries, drivers shall be registered with the NIST Visitor Center.

13. PROOF OF DELIVERY

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

• Contract Number;

• Delivery ticket number;

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

• Date of delivery.

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

PAGE 15 OF 48 1333ND25QNB190001

14. SEMI-ANNUAL MEETINGS

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

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

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

15. COMMUNICATION

If the contractor requires any change to any scheduled delivery and/or the number of dewars being delivered, the Contractor's Key Personnel must notify the Government immediately upon learning of the change.

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

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

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

Authorized Storeroom personnel will provide instructions to Contractor Key Personnel regarding the required action to be taken. The NIST COR will establish an internal line of communication among Authorized NIST Storeroom Personnel.

NIST will be responsible for the guidance provided by authorized storeroom personnel.

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

16. INVOICING & PAYMENT

The Contractor shall submit an invoice monthly. In addition to the information required by NIST LOCAL Clause 54 “Billing Instructions”, the invoice shall include:

• Total number of 30, 60, 100, and 250-liter dewars delivered;

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

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

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

• Monthly rental fee for dewars;

• Fees associated with Emergency deliveries, as appropriate; and

• Dates of deliveries shall be provided.

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

Section C Contract Clauses

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

PRODUCTS AND COMMERCIAL SERVICES (MAY 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.] 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).

(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, or Proposed for Debarment. (NOV 2021) (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).

(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.

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

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

PAGE 16 OF 48 1333ND25QNB190001

(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 (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.

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, 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. 657s).

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

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

13126).

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

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

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

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).

(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 (MAY 2024) (42 U.S.C. 7671, et seq.)

(43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) (42 U.S.C 7671, et seq.).

(44) 52.223-20, Aerosols (MAY 2024) (42 U.S.C. 7671, et seq.).

(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) (E.O. 14057, 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. 552a).

(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 (DEC 2022) 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).

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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 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).

X (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) (E.O. 13513).

X (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 (OCT 2018) (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) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

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

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) (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).

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).

(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 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)

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(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…