1333ND25QNB190419 SF1449 Solicitation 2025 08 12.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

Site-wide Transformer Inspection and Oil Analysis

0001 The Contractor shall provide transformer inspection and transformer oil analyses. Refer to Task 1, 2, and 3 of SOW for CLIN 0001.

PR NUMBER: NB193000-25-01286

1.00 LO

Task 1 Mobilization

000101 Task 1 - Mobilization Requirements

Task 1 Inspection and Sample Collection

000102 Task 1 - Transformer visual inspection and Transformer Oil Sample collection.

122.00 EA

Task 2 Oil Analysis

000103 Task 2 - Contractor shall perform the transformer fluid analyses based on American Society for Testing Material (ASTM) standard.

Task 2 PCB Analysis

000104 Task 2 - Contractor shall perform the transformer fluid

36.00 EA

Task 2 Dissolved Gas Analysis (DGA)

000105 Task 2 - Contractor shall perform the transformer fluid

Task 3 Testing Report(s)

000106 Task 3 - The Contractor shall provide a written report from the transformer visual inspection and transformer oil analyses, and to provide recommendations.

Task 4 Additional Services

NTE NTE

0002 Task 4 - Additional Services; including but not limited to additional Nitrogen gas, additional missing oil sampling and analyses.

This is a NIST-Designated value.

PR NUMBER: NB193000-25-01286

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Table of Contents

Section A Standard Form (SF) 1449

Section B Continuation of SF1449

Section C Contract Clauses

FAR Clause 52.212-5 (JAN 2025) Deviation FEB 2025

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

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

52.212-4-DEVCONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (JAN 2025) (DEVIATION FEB 2025)

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)

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

1352.237-75 KEY PERSONNEL (APR 2010)

1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

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

NIST LOCAL-54ELECTRONIC BILLING INSTRUCTIONS

Section D Contract Documents,Exhibits,Attachments

Section E Solicitation Provisions

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

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

52.204-7SYSTEM FOR AWARD MANAGEMENT (NOV 2024)

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)

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-REPRESENTATION (NOV 2015)... 31

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

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

2024) (DEVIATION FEB 2025)

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

TO IRAN--REPRESENTATION AND CERTIFICATIONS (JUN 2020)

52.237-1 SITE VISIT (APR 1984)

FAR 52.212-1 Addendum, Instructions to Offerors

FAR 52.212-2 Addendum, Basis for Award

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CLAUSES

Section A Standard Form (SF) 1449

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SECTION A - STANDARD FORM(S)

REFER TO SF1449

Section B Continuation of SF1449

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NIST – SITE WIDE TRANSFORMER FLUID ANALYES

SECTION B – CONTINUATION OF STANDARD FORM 1449

STATEMENT OF WORK

SITE WIDE TRANSFORMER FLUID ANALYSES

WO 25W5709-01

1.0 BACKGROUND

National Institute of Standard and Technology (NIST) is a non-regulatory federal agency of Department of Commerce. NIST’s goal is to promote innovation by advancing measurement science, standard, and technology. NIST Power distribution system starts with three 13.8 KV incoming feeders from PEPCO that feeds the 13.8 KV Main Substation in Building 306. The main substation provides power distribution to all Buildings in the campus via stepped down 13. 8KV:480V liquid filled transformers.

NIST has a requirement to test the insulating fluid of all liquid filled transformers as recommended per NFPA 70B. NIST originally was equipped with Askerel filled transformers (appr. 95 units), ranging from 300 KVA to 2000 KVA, distributed to 22 Buildings. All the original transformers were retro-filled with Silicone dielectric fluid. The original Askerel transformers were then reclassified as non-PCB transformers with PCB concentration of less than 50 ppm. Many retro-filled transformers have been replaced with new non-PCB liquid filled transformers (Silicone, FR3, Bio-temp). There are approximately 36 retro-filled transformers to remain. All remaining retro-filled transformers shall be tested for PCB concentration.

NIST has a requirement for testing of transformer oil for all transformers. The Contractor shall collect oil samples and perform oil analyses including Quality Oil Analyses, Dissolved Gas Analyses (DGA) and PCB (PCB test for retro-filled transformers)

2.0 OBJECTIVE

The NIST intents to award a contract to a transformer service provider, to provide transformer visual inspection, transformer oil sampling and oil analyses for all liquid filled transformers at National Institute of Standards and Technology (NIST) facility in Gaithersburg, Maryland. The transformer inspection and transformer oil testing helps mitigate the risks of arc flash, component failure, structural fire, and electric shock.

3.0 SCOPE OF WORK

The Contractor shall be responsible for providing all required management, labor, materials, equipment, tools, protective equipment, and other items needed to accomplish the work described in this solicitation.

All work shall be in conformance with the requirements of the contract and manufacturer recommendations. All work shall be in compliance with Federal, State, and Local requirements, as well as OSHA 1926 Safety and Health Regulations for Construction.

3.1 General Requirement

The Contractor shall:

• Perform all services as required in this Scope of Work.

• Perform all services within the required timeframes.

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NIST – SITE WIDE TRANSFORMER FLUID ANALYES

• Submit all personnel for badging for site access.

• Submit the Activity Hazard Analyses (AHA) for approval prior to kick off meeting. Approval is required prior to issuance of a Notice to Proceed.

• Submit all test report(s) timely.

3.2 Task 1 (CLIN 0001)

Transformer inspection and oil sampling. Refer to Attachment A transformer list for information including location, rating, and oil service requirement.

1. Travel to site.

2. Wear proper PPE for transformer oil sample collection.

3. Perform visual inspections on each transformer including transformer oil level, tank pressures, temperature. Indicate any abnormal condition in the report others such as transformer oil leaking, broken gauge glass.

4. Collect transformer fluid samples for fluid analyses. The oil sampling shall be performed for the main transformer oil tank only.

NOTE: The transformer oil samples shall be taken from the energized transformers.

5. Verify transformer data per Attachment A.

6. Check the transformer for positive tank pressure. Identify for any low-pressure transformers.

NOTE: Task # 4 covers additional service for applying Nitrogen blanket pressure in the head space as required for any transformer.

3.3 Task 2 (CLIN 0001)

Transformer fluid analyses. Contractor shall perform the transformer fluid analyses based on American Society for Testing Material (ASTM) standard. Refer to Attachment A transformer list for equipment and service requirements.

1. Oil Quality Analysis:

a. Color using ASTM D1500

b. Dielectric using ASTM D877

c. Interfactual Tension using ASTM D971

d. Moisture content (water) using ASTM D1533

e. Power Factor @25 Deg C using ASTM D924

f. Acidity using ASTM D974

g. Visual using ASTM D1524

h. Specific Gravity using ASTM D1298

2. PCB Analysis in fluid using EPA 8082 (only for retro-filled transformer)

3. Dissolved Gas Analysis using ASTM D3612

3.4 Task 3 (CLIN 0001)

Written report of the finding. The Contractor shall provide a written report from the transformer visual inspection and transformer oil analyses, and to provide recommendations. The testing report shall be arranged and listed according to the building number. Refer to Attachment D.

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3.5 Task 4 (CLIN 0002)

Additional services. This shall be NIST-designated Not to Exceed (NTE) contract line item. The funds will be invoiced against for services as needed, and requested by the COR, CO, or CS.

At the COR’s request on services identified under this Task, the Contractor shall submit a proposal of work to be performed and the price associate with that effort for approval by the COR. The COR will provide guidance on proposal requirements as necessary. Work shall not be performed unless approved by the COR. Work performed without COR approval shall be at the Contractor’s own risk and may not receive reimbursement.

The service for this task includes but not limited the following:

• Provide Nitrogen blanket pressure in the head space for each low-pressure transformer. Install with at least 1.0 lbs. pressure of Nitrogen. The Contractor shall provide price per unit in advance.

• Nitrogen gas filler adapter.

• Broken gauge replacement.

• Provide additional oil samples and analyses for any missing transformers.

4.0 STAFFING

The Contractor shall have an approved staffing plan prior to start of work. The staffing plan should include, at a minimum, the following:

• Organizational Chat

• Communication Tree

• Identify Supervisory Personnel

• Identify Key Personnel and Non-Key Personnel

• Provide the roles and responsibilities of all personnel/positions identified for this contract

4.1 Key Personnel

Key Personnel involved in transformer oil testing and sampling must have knowledge base in the following areas:

Transformer Oil Fundamentals Understanding the role of transformer oil in insulation and cooling, including knowledge of various oil types and their properties.

Oil Analysis Techniques Proficiency in industry-standard testing methods such as Dissolved Gas Analysis (DGA), furan analysis, dielectric strength testing, water content measurement, and acidity evaluation.

Sampling and Handling Procedures Training in proper oil sampling techniques, contamination prevention, and sample preservation to ensure accurate and reliable results.

Maintenance and Fault Diagnosis Familiarity with oil filtration and purification methods, routine maintenance practices, and fault identification based on oil analysis data.

The Contractor shall include in their proposal resumes of all Key Personnel associated with this work.

Resumes shall demonstrate the individuals experience in the appropriate knowledge base areas listed above in bold font. Key Personnel shall have a minimum of 3 years’ experience of work on similar services of similar size, scope, and complexity.

PAGE 9 OF 36 1333ND25QNB190419

The Contractor shall submit a resume to the COR for review and approval of any Key Personnel that is required to be replaced.

5.0 PERIOD OF PERFORMANCE

Period of performance shall not exceed 180 days from Notice to Proceed. (NTP)

6.0 DELIVERABLES

6.1 Activity Hazard Analysis (AHA / “Safety Plan”)

Prior to performing any field work, the Contractor shall submit to NIST a job-specific activity hazard analysis (AHA / “Safety Plan”) for review and approval. Refer to Attachment B. This will be reviewed by representatives from the NIST OFPM Safety group as well as the NIST COR. It is anticipated that review of the analysis will require seven (7) business days.

A Notice to Proceed will not be issued until the safety plan has been approved. It is anticipated that the Safety plan will be valid for the life of the contract. The service technician must comply with all the requirements of the approved plan while on site.

6.2 Test Report(s)

The Contractor shall submit three (3) hard copies and one (1) electronic copy (in CD or email) of the final report within 30 days of site work completion. The final report shall include the following:

• A summary section with listed sample in order, based on transformer serial number. Highlight the samples that exceed the limit or require an action. (A sample report can be made available post-award.)

• Each sample shall include, but not be limited to:

o Transformer Information (Serial number, Unit number, and location) o Nameplate data of transformer o Equipment data o Fluid Analysis o Inspection report with recommendations

7.0 GENERAL SITE REQUIREMENTS

7.1 NIST Site Regulation

Contractor and subcontractors shall be familiar with and obey all NIST site regulation, including fire, traffic, and security regulation. All personnel shall keep within the limit of the work (and avenue of ingress and egress) and shall not enter any restricted areas unless they are required to do so and have been cleared for such entry. The Contractor ‘s equipment shall be conspicuously marked for identifications.

7.2 Use of Site

Limit use of premises to areas within the project area. Do not disturb portions of Project site beyond areas of work.

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• Driveways and Entrances: Keep driveways and entrances serving premises clear and available to Owner’s, and emergency vehicles at all times. Do not use these areas for parking or storage of materials. Schedule equipment pickup or delivery to minimize disruption of traffic in driveway and entrances.

7.3 On-Site Work Hours

Work shall be generally performed inside the existing building during normal business working hours of 7:00 a.m. to 5:30 p.m., Monday through Friday, except otherwise indicated. Coordinate with COR to suit Owner’s requirements.

• Weekend Hours: No work is allowed during weekends, except with permission from COR.

• Early Morning Hours: Same as above.

• Hours for Utility Shutdowns: After regular hours with permission from COR.

7.4 Guidelines

Contractor shall follow the Attachment C, “Guidelines for Contractors and A/E Firms Performing Site Investigations and Fieldwork at National Institute of Standards and Technology Gaithersburg, MD” when conducting site investigation and field work.

7.5 Hazardous Waste

Hazardous waste under this contract shall be properly secured at all times in accordance with applicable Federal, State, and Local as well as NIST specific requirements. Under no circumstances shall carts and vehicles containing hazardous waste left unintended unless they have left in an appropriate, locked, secured, location.

7.6 Existing Utility Interruptions

Do not interrupt utilities serving facilities occupied by Owner or others unless permitted under the following conditions.

• Notify COR not less than fourteen days in advance of proposed utility interruptions.

• Do not proceed with utility interruptions without COR’s written permission.

• Arrange a meeting with COR to discuss the consequences of the interruption of the utilities.

7.7 Public Release of Information

The Contractor shall not publicly release information, photo, or other document and items concerning any aspect of the materials or services pertaining to this contract without the prior approval of the COR.

8.0 SECURITY REQUIREMENTS

NIST is a Federal facility and access is controlled at all entrances to the campus. Only Government employees may grant access to non-Government employees. All non-Government employees must be registered with security prior to site access. Contractor must notify COR a minimum of 48 hours prior to site access. Contractor must provide COR with first and last names, country of citizenship, and whether the individual has a permanent resident card, (a.k.a. Green Card), of all personnel requiring site access. If any individuals are here on a work visa, they will need to complete a NIST 1260 form and return to the COR.

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Please refer to the following web site for additional Visitor Information:

http://www.nist.gov/public_affairs/visitor/

8.1 Badging

Due to security requirements, NIST requires each individual working on this contract to have a background check and receive a NIST green badge, which allows them unescorted access on the NIST campus. The contractor shall submit badging application forms within 10 business days after award of the contract. Once the badge application is accepted, each individual will be required to get fingerprinted either at NIST or an approved location, and also complete an online questionnaire for a background investigation called eAPP.

Once everything is approved, each individual will be required to go back to the badge office and pick-up their badge and sign paperwork. This process should take about 60 days to get officially badged if individuals are timely in getting fingerprinted and filling out the eAPP.

Additional documents will be needed if the applicant is not a US Citizen. If the applicant is a Permanent Resident, they will need to submit a copy of their Permanent Resident Card (a.k.a. Green Card). If the applicant is in the U.S. on a work visa, they will need to submit a completed NIST-1260 form and a copy of their passport.

All badge applications, attachments, and additional documents must be emailed securely to the COR via the NIST Secure File Transfer system. Contact the COR when you are ready for this service.

8.2 Automobile & Personnel Access

Contractor personnel arriving in cars on their first day must check in at the visitor center to receive a temporary paper badge prior to proceeding to the project site. Hours of operation of the visitor center are 0600-1700. Once in possession of a valid NIST badge, workers may enter via the Main Gate or Gate “C” and proceed to the project site. Note that all automobiles are subject to a random inspection.

• Trucks: All Trucks are to enter NIST via “C” Gate along Quince Orchard Rd. between 6:00 am and 3:30 pm daily, and at the main gate off of W. Diamond Ave. between 3:30 pm and 4:30 pm. No deliveries will be allowed after 4:30 pm. “Trucks” include such vehicles as pick-ups with storage compartments, delivery trucks, delivery vans, and tractor center. Trucks arriving through Gate C will be directed to the Building 301 Truck Inspection Station. At Building 301, trucks will be registered, inspected, and the drivers will be granted access. Any truck which exits the installation will have to be re-inspected upon re-entry at Building 301. A vehicle dashboard placard will be placed within the truck. Placards change daily.

• NIST Truck Inspection Stations hours are:

6:00am -3:30pm at Building 301 3:30 pm – 4:30pm at “A” Gate – (Main gate)

8.3 Parking

Parking is restricted to areas adjacent to the lay-down area. Short term parking is permitted at building loading dock areas to facilitate unloading and loading of material. Fifteen feet of clearing shall be maintained around all fire hydrants.

9.0 QUALITY ASSURANCE

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The Contractor shall perform to the standards and requirements herein. Performance that does not conform to the standards or requirements shall be handled in accordance with FAR Clause 52.212-4(a), Inspection/Acceptance. Work that cannot be re-performed may result in a deduction from submitted invoices.

Section C Contract Clauses

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SECTION C – CONTRACT CLAUSES

FAR Clause 52.212-5 (JAN 2025) Deviation FEB 2025

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52.212-5: Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (Jan 2025)

(DEVIATION FEB 2025)

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

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

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

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

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

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

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

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

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

[Contracting Officer check as appropriate.]

__ (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)).

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__ (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].

__ (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).

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

__ (ii) Alternate I (Dec 2023) of 52.204-30.

__ (12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded.

(Jan 2025) ( 31 U.S.C. 6101 note).

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

__ (14) [Reserved].

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

__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

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__ (17) [Reserved]

_x_ (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

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

__ (ii) Alternate I (Mar 2020) of 52.219-7.

__ (20) 52.219-8, Utilization of Small Business Concerns (Jan 2025)( 15 U.S.C. 637(d)(2) and (3)).

__ (21) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2025) ( 15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Jan 2025) of 52.219-9.

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

__ (ii) Alternate I (Mar 2020) of 52.219-13.

__ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 657s).

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

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

__ (26) (i) 52.219-28, Postaward Small Business Program Rerepresentation (Jan 2025) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219-28.

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

PAGE 17 OF 36 1333ND25QNB190419

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

__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).

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

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

_x_ (32) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2025)( E.O. 13126).

__ (33) [Reserved]

__ (34) [Reserved]

__ (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.

__ (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 (Jan 2025) ( Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in

FAR 22.1803.)

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

PAGE 18 OF 36 1333ND25QNB190419

__ (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.).

__ (46) 52.223-23, Sustainable Products and Services (May 2024) (Deviation Feb 2025) (7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) ( 5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

_x_ (48) (i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

__ (ii) Alternate I (Oct 2022) of 52.225-1.

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

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

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (Jan 2025) of 52.225-3.

__ (iv) Alternate III (Feb 2024) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_x_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National

PAGE 19 OF 36 1333ND25QNB190419

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).

__ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

_x_ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).

__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).

__ (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

__ (64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (65) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Nov 2021) of 52.247-64.

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

PAGE 20 OF 36 1333ND25QNB190419

[Contracting Officer check as appropriate.]

_x_ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

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

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

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

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Requirements (May 2014) (41 U.S.C. chapter 67).

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

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

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

13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

__ (10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (Jan 2025) ( 49 U.S.C. 40118(g)).

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

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

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, PAGE 21 OF 36 1333ND25QNB190419

Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

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

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

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

4712).

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

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

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

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

(vii)

PAGE 22 OF 36 1333ND25QNB190419

(A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).

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

(viii) 52.219-8, Utilization of Small Business Concerns (Jan 2025) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ix) [Reserved]

(x) [Reserved]

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

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

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

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

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

(xvi)

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

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

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

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

(xix) 52.222-54, Employment Eligibility Verification (Jan 2025) ( E.O. 12989).

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

PAGE 23 OF 36 1333ND25QNB190419

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

13706).

(xxii)

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

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

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

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

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

(xxvi) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821- 1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

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

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

(End of clause)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

http://www.acquisition.gov/far/index.html (FAR) and https://www.acquisition.gov/car (CAR)

(End of Clause)

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

(Reference 52.204-13)

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

(Reference 52.204-18)

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

52.212-4-DEV CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2025) (DEVIATION FEB 2025)

(Reference 52.212-4-DEV)

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

1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

(Reference 1352.209-73)

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

(Reference 1352.209-74)

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

(Reference 1352.213-70)

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

(Reference 1352.233-71)

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

(a) Vinh X. Nguyen is hereby designated as the Contracting Officer`s Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at:

Phone Number: 301-975-6948 Email: vinh.nguyen@nist.gov

(b) The responsibilities and limitations of the COR are as follows:

(1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.

(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor.

PAGE 24 OF 36 1333ND25QNB190419

1352.237-75 KEY PERSONNEL (APR 2010)

(a) The contractor shall assign to this contract the following key personnel:

TBD

(b) The contractor shall obtain the consent of the Contracting Officer prior to making key personnel substitutions. Replacements for key personnel must possess qualifications equal to or exceeding the qualifications of the personnel being replaced, unless an exception is approved by the Contracting Officer.

(c) Requests for changes in key personnel shall be submitted to the Contracting Officer at least 15 working days prior to making any permanent substitutions. The request should contain a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. The Contracting Officer will notify the contractor within 10 working days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes.

(End of Clause)

1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

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

(b) The place of acceptance will be:

National Institute of Standards and Technology 100 Bureau Drive Gaithersburg MD 20899

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

All contractors performing work on active contracts at the U.S. Department of Commerce(DOC), National Institute of Standards and Technology (NIST) campuses and/or working in NIST workspaces should go to the www.nist.gov website and under the "About NIST" tab click on "Visit". This site includes information about campus access and security information; identification requirements; parking information and more.

Contractor personnel are required to check the appropriate campus operating status and personnel requirements at https://www.nist.gov/campus-status daily prior to arriving on site. All personnel must adhere to the requirements set forth in the operating status.

Unless otherwise stated in the contract terms and conditions, normal days of business operation are Monday through Friday, excluding Federal Holidays. However, throughout the contract period of performance, there may be circumstances beyond the control of NIST that will impact normal days of business operation such as inclement weather, power outages, etc. In circumstances such as these, the Contractor must call the appropriate NIST campus status line to verify the operating status:

Gaithersburg Campus Operating Status Line:

(301) 975-8000

(800) 437-4385 x8000 (toll free)

Boulder Campus Operating Status Line:

(303) 497-4000

(303) 497-3000 option 2

In the event of a lapse in appropriation, access to Government facilities and resources, including equipment and systems will be limited to excepted personnel for both Federal employees and contractor

PAGE 25 OF 36 1333ND25QNB190419

personnel. If performance of the contract is onsite and/or requires Government interaction, unless the contractor has been, or is notified that it is required to work under an excepted status, the contractor must stop work. The work stoppage shall remain in effect until the lapse is resolved and notification is provided via the NIST website at www.nist.gov (banner on front page) and/or the NIST operating status line(s). Additionally, contractors are encouraged to monitor public broadcasts or the Office of Personnel Management's website at www.opm.gov for the Federal Government operating status.

NIST will provide notification to all contractors that are determined to have excepted status.

All excepted contractors are required to continue performance and communicate with the appointed Contracting Officer's Representative (COR) for further guidance, or NIST Contracting Officer if a COR is not appointed.

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

Please note that in all circumstances that impact operations on the NIST campuses, contractors are expected to follow all direction and guidance provided by NIST authorities.

NIST LOCAL-54 ELECTRONIC BILLING INSTRUCTIONS

NIST requires that Invoice/Voucher submissions are sent electronically via email to INVOICE@NIST.GOV.

Each Invoice or Voucher submitted shall include the following:

(1) Contract number;

(2) Contractor name and address;

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

(4) Date of invoice;

(5) Invoice number;

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

(7) Contract Line Item Number (CLIN);

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

(9) Prompt payment discount terms,…