1333ND25QNB190286 Liquid Helium NIST Boulder Co.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

Attachment Page

PAGE 3 OF 90 1333ND25QNB190286

1. Contract Type: Firm-Fixed-Price (FFP)

2. Contractor’s Point of Contact:

Name: ___________________________________ Phone: __________________________________ Email: ___________________________________

3. Designated Government Official:

_XX____ Contracting Officer _______ Contracting Officer’s Representative (COR) Name: To Be Determined at Award Phone: To Be Determined at Award Email: To Be Determined at Award

_______ Other, Alternate Contracting Officer Representative (ACOR):

4. The contractor shall submit invoices to invoice@nist.gov.

5. Additional Information:

Invoices shall require Contracting Officer approval for payment.

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

LIQUID HELIUM

0001 Provide the necessary personnel, material, equipment, services, and facilities to supply Liquid Helium (LHe) in 100- and 250-liter contractor-owned dewars, on an as-needed basis for the NIST Boulder campus, in accordance with the attached Statement of Work (SOW).

Provide the unit prices for Liquid Helium:

100-Liter dewars: $_____________________ (The estimated 12-month usage of 100-liters is 30.)

250-Liter dewars: $_____________________ (The estimated 12-month usage of 250-liters is 20.)

Description / Size / Min. Purity / Standard Delivery Time (calendar days)

Liquid Helium, 100-Liter 99.998 _______________

Liquid Helium, 250-Liter 99.998 _______________

Period of Performance: 10/01/2025 to 09/30/2026

1.00 LS

PAGE 4 OF 90 1333ND25QNB190286

Table of Contents

Statement of Work

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

Addendum to 52.212-1 Instructions to Offerors

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

Addendum to 52.212-2 Evaluation

52.212-3 Provision Deviation Feb 2025

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

52.212-5 Deviation Feb 2025

52.204-7SYSTEM FOR AWARD MANAGEMENT (NOV 2024)

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

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

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

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

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

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

(NOV 2021)

52.227-1AUTHORIZATION AND CONSENT (JUN 2020)

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

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

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

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

52.252-5AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

52.252-6AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

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

1352.233-70 AGENCY PROTESTS (APR 2010)

1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

1352.270-70 PERIOD OF PERFORMANCE (APR 2010)

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

NIST LOCAL-54ELECTRONIC BILLING INSTRUCTIONS

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

NIST Boulder General Requirements

ATTACHMENT PPQ Performance

PAGE 5 OF 90 1333ND25QNB190286

CLAUSES

Statement of Work

PAGE 6 OF 90 1333ND25QNB190286

STATEMENT OF WORK

LIQUID HELIUM DELIVERY

NIST, BOULDER, CO

I. BACKGROUND INFORMATION

Liquid helium (LHe) is used for cryogenic applications 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.

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.

II. PURPOSE

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

PLACE OF PERFORMANCE

LHe orders shall be delivered to NIST’s central drop off sites. Empty dewars shall be picked up at the same facility. The Contractor shall deliver to and pick-up from the central drop of sites located at, 325 Broadway, Boulder, CO.

The following designated delivery areas are established:

• Drop off/Pick up location 1: Bldg. 1 Wing 2

• Drop off/Pick up location 2: Bldg. 1 Wing 3

• Drop off/Pick up location 3: Bldg. 1 Wing 6

• Drop off/Pick up location 4: Bldg. 2/81 Dock

• Drop off/Pick up location 5: Bldg. 2 Annex

• Drop off/Pick up location 6: Bldg. 24

• Drop off/Pick up location 7: Bldg. 12

• Drop off/Pick up location 8: Bldg. 5

PAGE 7 OF 90 1333ND25QNB190286

Regular Business Hours Regular business hours are Monday through Friday, Mountain Time, excluding Federal holidays and NIST closures.

FEDERAL HOLIDAYS

New Year's Day Birthday of Martin Luther King, Jr.

Washington's Birthday Memorial Day Juneteenth National Independence Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

PERIOD OF PERFORMANCE

The period of performance (PoP) will be 12-Months from October 1, 2025, through September 30, 2026.

III. 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 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.

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;

PAGE 8 OF 90 1333ND25QNB190286

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

3.8. RESERVED

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:

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 100 L dewar shall have no less than 85 L; and A 250 L dewar shall have no less than 237 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 dewars shall be supplied with permanently attached wheels;

3.15. 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;

3.16. Dewars shall be of non-magnetic construction;

3.17. Tare weights shall be indicated on dewars;

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

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

PAGE 9 OF 90 1333ND25QNB190286

3.20. 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.

3.21. 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.

3.22. 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 3/4” Teflon O-rings for 250-liter dewars.

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. 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.

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.

5. NON-CONFORMANCE WITH SPECIFICATION & 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 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.

PAGE 10 OF 90 1333ND25QNB190286

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 problems are identified.

6. RECORDS OF DEWAR SERVICE

Records of dewar servicing shall be maintained and shall be 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. REGULAR DELIVERY SCHEDULE

NIST will order LHe one time per week, with delivery occurring one time per week.

NIST will provide a week lead time for Wednesday deliveries. The schedule shall be to place orders before Wednesday with the delivery within 14 calendar days. Orders shall be placed thru the vendors ONLINE ordering account, by authorized NIST personnel or Acquisition Management personnel, not later than 5:00 PM Tuesdays Mountain Time.

Deliveries shall be completed not earlier than 7:00 AM and not later than 3:30 PM Mountain Time. NIST prefers those deliveries be completed between 9:00 AM and 11:30 AM Mountain Time unless the Contractor is otherwise advised by the COR, Contracting Officer in Acquisition Management Division (AMD)

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 303-497-

PAGE 11 OF 90 1333ND25QNB190286

4000 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. EMERGENCY DELIVERIES

8.1. 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, and the contractor is notified by the COR or other authorized representative of the government by email and phone notification.

8.2. Orders for emergency deliveries shall be placed by NIST authorized ordering representatives during normal business hours.

Emergency deliveries are expected preferably within 7 calendar days from the day of the request, 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 Cnter if the delivery day falls on a weekend or holiday.

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

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

9. INSPECTION AND ACCEPTANCE

Weight measurement shall be performed at NIST, by Contractor personnel, at the NIST dock. NIST delivery personnel shall witness the weight measurement and document the total weight and tare weight. The liquid helium product weight (total-tare) shall ve 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.

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10. CONFIRMATION OF SERVICE DURING PRODUCT SHORTAGE PERIOD

The Contractor shall maintain procedures to continue service to NIST in the event of a product shortage. All shortages and any potential impact to price must be communicated to the Contract Specialist and the COR, via e-mail or other written form, not 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.

In accordance with Bureau of Land Management In-Kind Crude Helium Sales Contracts, the Contractor is required to provide priority service to the Government at all times over non-Government requirements. Such priority requirements of the Government or occasions of force majeure may cause delay or deferral of shipment of any refined helium deliveries by the Supplier for non-Government requirements.

11. SECURITY REQUIREMENTS

The Contractor shall maintain a current list of drivers to the NIST COR.

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

12. 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 13 OF 90 1333ND25QNB190286

13. 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.

14. COMMUNICATION

In the event of any required change by the Contractor to any scheduled delivery and/or the number of dewars being delivered, Contractor Key Personnel must notify the Government immediately upon learning of the change.

Telephone notification may be provided to the COR. 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 to the delivery including the actual number and sizes 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.

The COR will provide instructions to Contractor Key Personnel with respect to required action to be taken. It will be the responsibility of the NIST COR to establish an internal line of communication among Authorized NIST Delivery Personnel. NIST will be responsible for the guidance provided by authorized personnel.

PAGE 14 OF 90 1333ND25QNB190286

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

15. INVOICING & PAYMENT

The Contractor shall submit an invoice monthly. In addition to the information required by NIST LOCAL CLAUSE 04 “Billing Instructions”, the invoice shall include:

• Total number of 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.

• Dates of deliveries shall be provided.

Payment shall be made upon submission of a proper invoice in accordance with Net 30-day payment terms an in accordance with the requirements set forth in this document.

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

PAGE 15 OF 90 1333ND25QNB190286

Addendum to 52.212-1 Instructions to Offerors

PAGE 16 OF 90 1333ND25QNB190286

ADDENDUM TO 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

1. SPECIAL NOTICE TO OFFERORS

The Government intends to evaluate offers and award a contract without discussions. Therefore, the Offeror’s initial offer should contain the Offeror’s best terms from a technical and price standpoint. The Government reserves the right to conduct discussions if the Contracting Officer (CO) later determines them to be necessary. This action is to be executed in accordance with FAR Part 12 Acquisition of Commercial Products and Commercial Services, and FAR Part 13 Simplified Acquisition Procedures.

1.1 Each offer shall clearly demonstrate that the Offeror understands the Statement of Work (SOW) 's general and specific technical requirements.

1.1.1 Failure to explain the Offeror’s ability to meet all requirements may result in the offer not being considered. Clarity and completeness of offers are of the utmost importance.

Therefore, offers must be practical, clear, and concise.

1.1.2 Offers that merely restate the requirement or state that the requirement will be met without providing supporting rationale are not sufficient.

1.2 This requirement is being awarded utilizing the procedures established in FAR Part 12, and

13. FAR Part 15 procedures do not govern the evaluation of quotations under this solicitation.

An Offeror may be eliminated from consideration without further exchanges if its offer is not among those Offerors considered most advantageous to the Government based on the solicitation criteria.

1.3 Offerors may be asked to clarify certain aspects of their offer to resolve minor or clerical errors and will not constitute discussions.

1.4 Failure to submit any of the information requested by this solicitation may result in an unfavorable offer evaluation.

1.5 Upon receipt, all offers become Government property. In accordance with FAR Subpart 4.8 (Government Contract Files), the Government will retain the original of all unsuccessful offers.

1.6 Please ensure submission contains completed pricing data for all contract line item numbers (CLIN 0001), contained within block 19, continuation pages.

1.6.1 The Offeror agrees to hold the prices in its offer firm for 120 calendar days from the date specified for receipt of offers unless another period is specified in an addendum to the solicitation. Any offer providing less than the specified acceptance period may not be considered acceptable and may not be considered for award.

2. INQUIRIES AND QUESTIONS

2.1 The Contracting Officer (CO) is the only approved point(s) of contact for this acquisition. Address any questions or concerns you may have to the CO via e-mail to:

shawn.borisow@nist.gov

2.2 All requests for clarification, inquiries, and questions concerning this solicitation shall be submitted in writing via e-mail to: shawn.borisow@nist.gov by 1:00 PM ET, August 5, 2025.

2.3 All questions and responses to questions shall be provided in writing without identification of the questioner. Questions and responses will be published in an amendment to the solicitation. Even if provided in another form, only the question responses included in the amendment(s) to the solicitation will govern the performance of the contract.

3. SOLICITATION RESPONSE REQUIREMENTS

3.1 The Government will assess offers based on how well the offers meet the factors and requirements outlined in this RFQ using the evaluation criteria and instructions therein.

PAGE 17 OF 90 1333ND25QNB190286

3.1.1 Any offer that does not meet the stated solicitation requirements may be considered ineligible for award (See paragraph 1).

3.2 OFFER REQUIREMENTS

3.2.1 Offers are expected to conform to solicitation provisions and be prepared in accordance with this section. To aid in evaluation, the offer shall be clearly and concisely written, neatly presented, indexed (cross-indexed as appropriate), and assembled as required by this instruction to offerors. All pages of each part shall be appropriately numbered and identified with the name of the Offeror, the date of the offer, and the solicitation number.

3.2.2 Format. The text shall be single-spaced and able to fit 8½” x 11”, with a minimum one-inch margin all around (should the Government need to print). Each page with content shall count as a single page. Pages shall be numbered consecutively. The text shall be no smaller than 11-point font. Bolding, underlining, and italics may be used to identify topic demarcations or points of emphasis. Graphic presentations, including tables, while not subject to the same font size and spacing requirements, shall have spacing and text that is easily readable.

3.2.3 Restriction of Disclosure/Proprietary Information. If the Offeror wishes to restrict the disclosure or use of its offer, individual subcontractor/vendor proprietary information may be submitted via separate volumes. The information contained in these volumes must be referenced (by volume title, page, and section number as appropriate) within the main offer where the information would have been included if it were not subcontractor/vendor proprietary. The information in these separate volumes is subject to all other requirements of the RFQ, will be included in the page count for the appropriate volume, and must be well-marked to clearly indicate any special handling instructions.

3.2.4 The Offeror shall submit one (1) electronic version compatible with the Microsoft Office 2016 Software Suite and/or Adobe Acrobat (PDF), by email.

3.2.5 Submission Address. Offers must be submitted via email to Shawn Borisow at shawn.borisow@nist.gov.

FACSIMILE OFFERS ARE NOT AUTHORIZED

3.2.6 Submission Due Dates. Offers must be received prior to the date and time in block 8 of the SF 1449. Offers received after this date and time are considered late and may not be accepted.

4. Factor A – Price Submittal Requirements

4.1 Factor A – Price, shall comply with the instructions in paragraph 3, above, and include the following documents (in the order listed):

4.1.1 The Offeror shall complete and submit the Standard Form 1449, Solicitation/Contract/Order for Commercial Items: Complete Blocks 17a, 17b, 19, 20, 21, 22, 23, 24, 26, 30a, 30b, and 30c only. An official having the authority to contractually bind the Offeror’s company must sign the SF 1449 in accordance with the procedures prescribed in

FAR 4.102.

4.1.2 Acknowledge all solicitation amendments using one of the methods set forth in Block 11 of Standard Form 30, the form on which any amendment will be issued.

4.1.3 Complete all required representations and certifications. PLEASE BE AWARE SOME DEVIATIONS INCLUDED IN THE SOLICTATION MAY NOT BE AVAILABLE ELECTRONICALLY IN SAM.GOV.

Please ensure to complete attached Reps and Certs as part of the submissions of the offer.

4.1.4 Completed Schedule B of the SF 1449, with the labor rates for CLINs X003. Complete 100-Liter, and 250-Liter pricing based upon the 12-month usage listed in CLIN 0001 description and the unit and total pricing. Additionally, ensure to complete contractor point of contact information on approximately page three (3) of this solicitation.

5. Factor B – Technical Approach

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5.1 Technical Approach: Technical Approach details shall comply with the instructions in paragraph 3 above and are limited as stated in the factors below.

5.2 Exceptions, Deviations, and/or Assumptions. This document shall identify and explain any exceptions or deviations taken to any part of the SOW or conditional assumptions made with respect to the technical requirements of the solicitation. Offerors should note that taking exceptions to the Government's requirements may indicate an unwillingness or inability to perform the contract, and the offer may be evaluated as such.

5.2 Technical Approach Details shall include the following:

5.2.1 Contractors shall submit Technical Approach documentation, which may include a narrative, charts, graphs, tables, and drawings. Technical Approach is defined as the contractor's demonstration of resources and capability to successfully conduct the contract's requirements. The technical approach documentation should clearly and in sufficient detail describe the contractor's resources that will be used to successfully fulfill the technical requirements identified in this RFQ. The documents may include product/ service literature.

5.2.2 If the prime Offeror is proposing a subcontractor or consultant(s) to perform any part of this work, the submittals shall provide documentation of a written agreement identifying the agreement and the proposed work types between the prime offeror and the proposed subcontractor.

5.2.3 The Offeror shall submit technical details sufficient for the Government evaluation team to have a thorough understanding of materials to be used, means and methods of accomplishing the requirements of the SOW, and solutions to addressing the work required.

5.2.4 Minimum technical approach submittal requirements:

• Material Availability: The offeror shall demonstrate their current dewar fleet as it applies to the NIST Boulder requirement, as well as any plans and timelines to purchase additional dewars needed to fulfill this requirement.

• REGULAR Delivery Timeline: The offeror shall demonstrate its ability to provide delivery completion in 14 calendar days for regularly scheduled orders upon submission of the order by the authorized NIST personnel. The offeror shall ensure to complete the standard delivery times contained within CLIN 0001 descriptions.

• Emergency Delivery Timeline: Emergencies are those orders identified with an immediate need by the authorized NIST ordering personnel, with an expectation of delivery as soon as one (1)-calendar week or less, after the request.

• Quality Control: The narrative shall address the offeror’s approach to ensuring quality control throughout the process from receipt of orders to delivery of liquid helium, including the process followed when filling a cylinder.

6. Factor C – Past Performance

6.1 The past performance evaluation will assess the relative risks associated with an Offeror’s likelihood of success in fulfilling the solicitation’s requirements as indicated by the Offeror’s record of past performance. In this context, “offeror” refers to the prime contractor. Present and past performance shall be evaluated as a measure of the Government’s confidence in the Offeror’s ability to successfully perform based on previous and current contract efforts.

6.2 The Offeror shall submit a completed Past Performance Questionnaire (PPQ) for a minimum of one (1) and up to three (3) relevant projects.

6.3 Offerors shall reference the addendum to clause 52.212-2 for further details.

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7. Confidential Information

The Freedom of Information Act (FOIA) and its amendments have resulted in an increasing number of requests from outside the Government for copies of Offeror’s qualifications and offers submitted to Federal agencies. If an Offeror's submissions contain information that they believe should be withheld from such requesters under FOIA on the grounds that they contain "trade secrets and commercial or financial information" [5 USC§552(b) (4)], the Offeror should mark its submissions in the following manner "Some parts of this document, as identified on individual pages, are considered by the submitter to be privileged or confidential trade secrets or commercial or financial information not subject to mandatory disclosure under the Freedom of Information Act.”

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

(Reference 52.212-2)

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Addendum to 52.212-2 Evaluation

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ADDENDUM TO 52.212-2 EVALUATION – COMMERCIAL ITEMS

I GENERAL

1. The Government anticipates awarding a firm-fixed-price contract to the Offeror whose offer is found to be the best value and most advantageous to the Government in terms of price and other factors considered. The Government will evaluate offers based on a comparative analysis of the offers received, considering the factors and requirements outlined in this RFQ.

2. The Government intends to evaluate the offers and award/issue a contract based on the initial offers received. Therefore, the initial offer should contain the best terms from a technical and price standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. This statement is not to be construed to mean that the Government is obligated to conduct discussions or exchanges.

3. Failure to provide a reasonable and complete offer may reflect a lack of understanding of the requirements and may result in the elimination of further consideration.

4. Offers that merely restate the requirement or state that the requirement will be met without providing a supporting rationale are not sufficient.

5. The Contractor shall submit a firm-fixed-price offer according to the Addendum to 52.212-1 Instructions to Offerors. The factors identified below shall be used to evaluate the offer.

6. This acquisition is being conducted under FAR Part 12 Acquisition of Commercial Products and Commercial Services, and FAR Part 13 Simplified Acquisition Procedures. The principles and procedures of FAR Part 15 do not apply. A contractor may be eliminated from consideration without further exchanges if its offer is not among those considered most advantageous to the Government based on the requirements of this solicitation.

7. The award resulting from this solicitation will be awarded to the responsible Offeror whose offer conforms to the solicitation and is determined to be the best value to the Government considering Price (Factor A), Technical Approach (Factor B), and Past Performance (Factor C).

The non-priced factors consist of Technical Approach (Factor B), and Past Performance (Factor C). Factor B is more important than Factor C. When non-priced factors (B, and C) are combined they are more important than priced factors (A).

8. By submission of its offer, the contractor is required to meet all solicitation requirements, such as terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors. Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide a complete accompanying rationale. The evaluation process shall proceed as follows:

II FACTOR A – PRICE:

1. Price submittals will be subjectively evaluated to determine the reasonableness of the offer for the overall price and individual CLIN pricing. The Government will not conduct price realism analysis as part of its price evaluation. The Government will evaluate the offer using price analysis techniques to determine fairness and reasonableness in relation to the SOW requirements. One or more of the following techniques will be used to ensure a fair and reasonable price:

1.1 Comparison of submitted prices received in response to the solicitation.

1.2 Comparison of submitted prices with the IGE.

1.3 Comparison of submitted prices with available historical information.

1.4 A total contract price or individual CLIN price that is found to be either unreasonably high or low in relation to the proposed work may indicate an inherent lack of understanding of the solicitation requirements and may result in the overall offer being removed from further consideration.

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2. Any inconsistency, whether real or apparent, between submitted performance and price/cost must be clearly explained in the price submission. For example, if unique and innovative approaches are the basis for an apparently unbalanced/inconsistently priced submission, the nature of these approaches and their impact on price must be completely documented.

3. An offer whose price is determined to be unbalanced across CLINs (i.e., unreasonably high for one CLIN and unreasonably low for one CLIN) may not be considered for award and may be rejected if the contracting officer determines that the lack of balance poses an unacceptable risk to the Government.

4. The Government reserves the right to request any additional price-related information to determine a fair and reasonable price.

III NON-PRICE / TECHNICAL EVALUATION

1. The Government shall evaluate the non-price / technical portion of the offer. This evaluation shall be conducted by comparison of submitted technical details for Factor B. Factor C, and Factor D shall be evaluated by comparison of information available to the CO (provided references, CPARS, FAPIIS, SAM, etc.) Any aspect evaluated that does not meet the requirements of the RFQ may render the entire offer unawardable. Only those offers determined, either initially or as a result of discussions, as meeting the RFQ requirements will be considered for award. However, contractors are reminded that the Government reserves the right to award this effort based on the initial offers, as received, without discussions.

2. The offers shall be evaluated against the following technical factors:

2.1 FACTOR (B) - TECHNICAL APPROACH

2.1.1 Evaluation of this factor is a subjective evaluation of the Offeror’s understanding of the contract requirements (clauses, provisions, and the SOW) and demonstrated ability to meet contract requirements and SOW tasks based on its proposed technical details.

2.1.2 Technical details that do not adequately address how the Offeror proposes to meet the requirements may not be deemed as the best value to the Government. A technical approach, which is primarily a copy-and-paste version of the SOW requirements and performance standards, will not be considered for award.

2.1.3 Basis of evaluation: The Government will evaluate the Offeror’s understanding of the solicitation requirements (clauses, provisions, and the SOW) and demonstrated ability to meet contract requirements and performance standards based on its proposed technical approach. Factor C – Technical Approach will be assessed holistically with a rating scale of "high confidence," "some confidence," and "low confidence," representing the Government’s confidence that the Quoter is technically capable.

Confidence Ratings:

High Confidence

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

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

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

2.2 FACTOR (C) – PAST PERFORMANCE

2.2.1 Evaluation of this factor shall be accomplished by the Government, including but not limited to the resources identified in FAR Part 13. The past performance evaluation will assess the relative risks associated with an offeror's likelihood of success in fulfilling the solicitation's requirements as indicated by the offeror's record of past performance. In this context, "offeror" refers to the prime contractor. Present and past performance shall be evaluated as a measure of the Government's confidence in the offeror's ability to successfully perform based on previous and current contract efforts.

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2.2.2 If an offeror has no record of recent or relevant past performance, the Offeror will be rated as “NEUTRAL.” A subfactor rating of “NEUTRAL” will not be evaluated favorably or unfavorably. During comparative evaluation, Offerors who can demonstrate recent and relevant past performance will be evaluated more favorably. Factor D – Past Performance will be assessed holistically with a rating scale of "high confidence," "some confidence," and "low confidence," representing the Government’s confidence that the Quoter is technically capable.

Confidence Rating:

Neutral Offeror has no record of recent or relevant past performance, The Offeror will be rated as “NEUTRAL.”

High Confidence

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

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

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

2.2.3 Offerors are reminded that the Government will review any or all a combination of past performance information submitted by the Offeror as required per the solicitation and past performance data available in the Contractor Performance Assessment Reporting System (CPARS) at https://www.cpars.gov/ and in the Federal Awardee Performance and Integrity Information System (FAPIIS) located at http://www.sam.gov. The Government reserves the right to obtain past performance information from any available source besides those specified and may contact customers other than those identified by the Offeror when evaluating past performance. Offerors are reminded that the burden of proving low-performance risk rests upon the Offeror.

2.2.4 The Offeror shall provide up to three (3) references which shall be for recent work performed and shall be relevant to the complexity, size, and scope of this solicitation’s requirements (if previous work of this nature has been performed). Each reference shall be limited to three (3) single-sided pages. Please ensure the up to three (3) references shall be identified for Factor B – Technical Experience.

2.2.5 For each past performance reference, Offerors shall list:

i. Name/address of organization contract was with

ii. Contract or project number/title

iii. Period of performance of contract

iv. Brief description of contract/project scope and dollar value (total contract value inclusive of any options)

v. Point of contact information for reference (name/title/phone number/e-mail address)

52.212-3 Provision Deviation Feb 2025

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FAR 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (May 2024) (Deviation Feb 2025)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision—

Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

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

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

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

(7) PSC 9440,…