1333ND25QNB190437 SF1449 Solicitation Boiler and Stack Testing.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

NB193000-25-01398

1333ND25QNB190437

SASHA BRADFORD

SASHA.BRADFORD@NIST.GOV 301-975-5158

2:00 PM ET

000SB

NATIONAL INST OF STDS AND TECHNOLOGY

100 BUREAU DRIVE STOP 1640

BUILDING 301 ROOM B129

GAITHERSBURG MD 20899-1640 238220

000004

NATIONAL INST OF STDS AND TECHNOLOGY

BUILDING 301 SHIPPING AND RECEIVING

100 BUREAU DRIVE

GAITHERSBURG MD 20899-0001

see continuation page for line item details.

See Schedule

AUG 29, 2025

Please

X

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

1333ND25QNB190437

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 BOILER INSPECTION BASE YEAR

PR NUMBER: NB193000-25-01398

1.00 EA

0002 Relief Valve Rebuild & Recertification BASE YEAR

0003 Repair Drawdown BASE YEAR

OPT

1004 BOILER INSPECTION Option Year One

Period of Performance: 09/22/2026 to 09/21/2027

1005 Repair Drawdown Option Year One

Period of Performance: 09/22/2026 to 09/21/2027

2006 BOILER INSPECTION Option Year Two

Period of Performance: 09/22/2027 to 09/21/2028

2007 Repair Drawdown Option Year Two

Period of Performance: 09/22/2027 to 09/21/2028

3008 Relief Valve Rebuild & Recertification Option Year Three

Period of Performance: 09/22/2028 to 09/21/2029

3009 BOILER INSPECTION Option Year Three

3010 Repair Drawdown Option Year Three

4011 BOILER INSPECTION Option Year Four

Period of Performance: 09/22/2029 to 09/21/2030

4012 Repair Drawdown Option Year Four

4013 Stack Emission Option Year Four

PAGE 3 OF 41 1333ND25QNB190437

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

PAGE 4 OF 41 1333ND25QNB190437

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)

1352.246-70 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, Attachment

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)

52.204-29FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS--REPRESENTATION AND DISCLOSURES (DEC

2023)

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-REPRESENTATION (NOV 2015)... 35

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)

FAR 52.212-1 Addendum, Instructions to Offerors

FAR 52.212-2 Addendum, Basis for Award

PAGE 5 OF 41 1333ND25QNB190437

CLAUSES

Section A Standard Form (SF) 1449

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SECTION A – STANDARD FORM (S)

Refer to SF1449

Section B Continuation of SF1449

PAGE 7 OF 41 1333ND25QNB190437

Section B – CONTINUATION OF STANDARD FORM 1449

Statement of Work Annual Boiler Inspections in Building 302

Scope

NIST-OFPM/ CUP has a State of Maryland requirement to conduct and pass annual boiler inspections. The Maryland Boiler Law requires all boilers to be registered with the state and undergo regular inspections in accordance with Maryland Boiler and Pressure Vessel Safety Act & Regulations.

Boilers cannot be operated without a Valid Certificate of Inspection.

These inspections are performed by an inspector commissioned by the National Board of Boilers and Pressure Vessel Inspectors and by the Maryland Commissioner of Labor and Industry or by an Authorized Inspection Agency (AIA).

These annual inspections are conducted each summer to ensure that the site steam generation boilers are in good operating condition and no visible weaknesses exist prior to preparing for winter operations.

This requirement also includes tri-annual rebuilding and re-certification of fourteen (14) 4” to 6” relief valves. Per National Board “VR” code requirements.

This requirement also includes Stack Emissions Testing to be conducted in Calander year 2028 utilizing the CLIN specifically associated with this work. Inspection to follow all applicable Environmental Protection Agency (EPA) and State of Maryland laws and regulation.

The requirement also includes a basic maintenance draw-down to enable inspection defect repairs.

Objectives

The objective is to obtain a qualified boiler inspector to conduct inspections that fulfill all regulatory requirements for an operating license per the requirements of the National Board of Boilers and Pressure Vessel Inspectors and by the Maryland Commissioner of Labor and Industry or by an Authorized Inspection Agency (AIA).

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Tasks

Safety Plans

1. Contractor shall submit a safety plan for each element within this contract, less the drawdown.

a. Specific to the relief valve work, attention to elevated work, equipment, and rigging shall be fully addressed.

b. Specific to the stake inspections, roof work requirements shall be addressed.

2. All safety plans are required before a notice to proceed is issued.

Base Year

1. In the base year, the contractor shall conduct boiler inspection and relief valve rebuild and recertification.

General

1. The contractor shall provide all the necessary services, including labor, materials, equipment, supplies and supervision as necessary to fulfill the requirements of this project.

a. At successful inspection, the inspector shall issue a permit to operate inspected boiler as being certified “safe operation, maintenance, repairs and alterations of the pressure retaining objects”.

2. All inspections shall be performed by an inspector licensed by the state Of Maryland and commissioned by the National Board of Boilers and Pressure Vessel Inspectors.

3. The inspector that will conduct the work shall provide a copy of their State of Maryland “Commissioned Special Inspector” license issued by the Chief Boiler Inspector or Maryland that certifies their competency for performing the inspections to the COR.

a. The license must be a current/valid license for the entire inspection period of the work to be performed.

4. Reports shall be in PDF format and shall be emailed to the COR within five (5) business days of the end of each boiler inspection.

5. Reports shall contain items of concern or damage, as well as regulatory required repairs of any deficiencies found.

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Boilers

1. Annual testing of the NIST water tube boilers and Heat Recover Steam Generator is performed during the early summer months as schedules allow to minimize operational disruption to the plant.

2. The boiler inspection schedule will be developed in the January / February timeframe in coordination with contractor, COR, and CUP Supervisor or designee. Work should be completed not later than the end of September of each contract year.

a. Close coordination with the COR to prepare for the inspections is necessary.

b. Two-week lead time is needed to prepare the boilers for inspection and adjust equipment loads.

3. The boilers to be inspected are as follows:

SG-1 44,000 PPH Union Iron Works Boiler S/N 22951 SG-2 44,000 PPH Union Iron Works Boiler S/N 22952 SG-3 44,000 PPH Union Iron Works Boiler S/N 22957 SG-4 44,000 PPH Union Iron Works Boiler S/N 22958 SG-5 80,000 PPH English Boiler Model APP80250 S/N 960391 SG-6 80,000 PPH English Boiler Model APP80250 S/N 960392

CHP 80,000 PPH RENTEC Boiler S/N 2015-39

4. The contractor shall perform internal inspections of the steam drums, mud drums, headers, tubes, furnace area and fireside surfaces for signs of corrosion, erosion, rusting, cracking or any other signs of damage or deterioration and other required National Board areas.

5. External inspections shall be performed for controls and safety devises, safety valves, pressure gauges, valves, fittings, pipe connections for evidence of leaks or other adverse conditions and other required National Board requirements.

6. Contractor will provide separate reports for inspection findings on each boiler to CUP Supervisor and to the COR.

PAGE 10 OF 41 1333ND25QNB190437

Relief Valves

1. The contractor shall be responsible for all effort to to rebuild and re-certify fourteen (14) 4” to 6” relief valves on the following boilers:

SG-1 44,000 PPH Union Iron Works Boiler S/N 22951 SG-2 44,000 PPH Union Iron Works Boiler S/N 22952 SG-3 44,000 PPH Union Iron Works Boiler S/N 22957 SG-4 44,000 PPH Union Iron Works Boiler S/N 22958 SG-5 80,000 PPH English Boiler Model APP80250 S/N 960391 SG-6 80,000 PPH English Boiler Model APP80250 S/N 960392

CHP 80,000 PPH RENTEC Boiler S/N 2015-39

2. This recertification will occur in the base year of the contract and in option year three.

3. Rebuilding and re-certification of the relief valves shall conform to National Board “VR” code requirements.

4. Relief valve certification final testing will be done with steam; not compressed air or other gases.

5. Contractor shall provide CUP supervisor and COR all test reports for valve re-certification.

6. Re-certified valves shall be tagged with all required National Board VR re-certification labeling.

7. Invoicing for authorized repairs will be directly billed to this CLIN.

Stack Emissions Testing

a. The contractor shall supply all labor, material, equipment, and transportation necessary to determine Nitrogen Oxide (NOx) emissions for boilers EU-3, EU-4, EU-5, and EU-6 via Boiler Stack tests in building 302 Steam and Chilled Water Generation Plant on the NIST Gaithersburg Campus.

b. The boiler information and descriptions are below:

Boiler Name Boiler Description EU-3 55 million Btu/hour boiler. Primary fuel is natural gas with No. 2 fuel oil as a backup.

EU-4 55 million Btu/hour boiler. Primary fuel is natural gas with No. 2 fuel oil as a backup.

EU-5 99.8 million Btu/hour boiler with low NOx burners. Primary fuel is natural gas with No. 2 fuel oil as a backup.

EU -6 99.8 million Btu/hour boiler with low NOx burners. Primary fuel is natural gas with No. 2 fuel oil as a backup.

c. The scope of work shall include:

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a. Preparation and submission of a stack test protocol that will be reviewed and approved by NIST (Government) and the Maryland Department of the Environment (MDE) prior to start.

b. Preparation of a project specific safety and health plan to be submitted as part of the stack test protocol.

c. Conducting stack testing on the four (4) boilers listed above and located at the NIST’s (Gaithersburg, MD) Steam and Chilled Water Generation Plant, to determine the Nitrous Oxide (NOx) emission rates on natural gas and number 2 fuel oil.

d. Preparation of Stack Test Report(s) that will be reviewed and approved by NIST and the Maryland Department of the Environment.

d. The work performed shall be in accordance with:

a. US EPA Reference Method 1, “Sample and Velocity Traverses for Stationary Sources”

b. US EPA Reference Method 3A, “Gas Analysis of Dry Molecular Weight”; (for O2 and CO2

Concentrations)

c. US EPA Reference Method 4, “Determination of Moisture Content in Stack Gases”

d. US EPA Reference Method 7E of Appendix A, 40 CFR 60, “Determination of Nitrogen

Oxides Emissions from Stationary Sources (Instrumental Analyzer Procedure); for (NOx concentrations)

e. The Contractor shall conduct stack testing necessary to determine the NOx emission rate on each of the four (4) boilers while burning natural gas and while burning fuel oil. A total of eight (8) stack tests amounting to twenty-four (24) separate one (1) hour runs shall be completed, per the table below. NIST will facilitate the change in fuel from natural gas to fuel oil, which will require approximately one (1) hour or so. Anticipate the completion of one (1) complete boiler per day, on one fuel followed by the other fuel; over a four (4) day span.

Test # Boiler Fuel # Of Test Runs 1 EU-3 Natural Gas 3 2 EU-3 Fuel Oil 3 3 EU-4 Natural Gas 3 4 EU-4 Fuel Oil 3 5 EU-5 Natural Gas 3 6 EU-5 Fuel Oil 3 7 EU-6 Natural Gas 3 8 EU-6 Fuel Oil 3

f. The contractor shall submit the testing protocol to Maryland Department of the Environment (MDE) 30 days prior to testing for approval. Adjustments to the testing protocol shall be made based on MDE comments.

g. The contractor shall collect, record and gather operational data, findings, observations, calibration data, field notes, and testing logs during the performance of the boiler stack tests and include in a comprehensive test report for submission to the NIST and MDE. Please note that there are fuel flow meters for each fuel on each boiler.

h. Operational data to be collected by the Stack test contractor shall include, but will not be limited

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to the following information:

Drum Pressure Steam Flow (K lbs./hr.)

Air flow % fuel flow (gph) Feedwater flow (K lbs./hr.)

Boiler draft (inches H2O) Oxygen % Feedwater temperature Economizer temperature

Stack Testing General Requirements

1. The Contractor shall:

a. Stack inspection project manager shall be identified in the contractor’s proposal prior to contract award.

b. Stack inspection Project Manager shall be the Government’s primary point of contact specifically for the stack inspection work.

c. Stack inspection Project Manager shall be thoroughly familiar with all requirements and schedules for conducting stack inspection per applicable law and regulation.

d. Coordinate all project related activities including documentation through the COR for approval unless otherwise noted.

e. Bring any questions and/or industry specification additions to the attention of the COR for direction.

f. Provide appropriate communication and coordination efforts with the CUP staff and the COR to avoid disruption of facility operations while performing contract work.

g. Provide the COR a list of possible employees and sub-contractors who may require access to the NIST premises per the project being administered no less than 3 months prior to work commencing.

h. Comply with all associated project work in accordance with NIST Guidelines;

Executive orders, EPACT, EISA, Federal Regulations (such as U.S. Clean Air Act);

Local City, County, and State building codes, statues and regulations; NEC, ASME, NFPA, OSHA, UL, ANSI, and IEEE rules and regulations and standards; and all other applicable industry standards.

i. Restore all affected areas back to pre-project conditions or better by the completion of the specified project including necessary patching, repairing and/or replacing.

j. Provide all labor, material, and equipment necessary to accomplish the above specified tasks – less exceptions.

Stack Testing Government Furnished Materials and Resources

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1. The Government shall provide proper operation of the boilers during testing.

2. The Government shall provide power (by way of a Generator), safe access, and test ports to all emission sources tested. Reference attachments.

3. Point(s) of contact at the NIST Steam and Chilled Water Generation Plant

Repair Drawdown Funds

1. Contractor shall report items of concern or damage, or regulatory required repairs derived from completed inspections to the COR and CUP Supervisor in PDF format and shall be emailed within five (5) business days of the end of each boiler inspection.

a. The report shall list each item of deficiency as a separate line item.

b. Each line item shall contain a general synopsis for the suggested repair, urgency of repair in relation to safety or general safe operation (license) of the boiler.

2. Each line item shall provide the name of the contractor or sub-contractor to perform the cited repair.

a. Contractor or sub-contractor NIST badge status / access status

b. Separately and clearly list material cost and labor costs.

c. Provide material detail or cut sheet for approval.

d. Estimated time for material on hand and duration of repair effort once work commences.

3. COR will evaluate the submitted report.

4. Only specifically authorized repairs authorized by the COR shall be conducted.

5. Unauthorized repairs shall be at the cost of the contractor.

6. Invoicing for authorized repairs will be directly billed to this CLIN.

Job Specific Safety Plan

1. The contractor shall submit a job specific safety plan prior to startup of work. This plan shall include the need for self-performance of air monitoring and confined space entry.

All safety procedures must be strictly adhered to.

2. The contractor must follow OSHA lock Out/Tag Out procedures for all energy sources to the boiler. The NIST shift supervisor will perform primary lock out with secondary control placed on the NIST lock by the contractor.

3. Safety plan shall be submitted to the Contracting Officer’s Representative (COR).

4. Notice to Proceed will not be issued until Safety Plan is approved by the COR.

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Site Access and Badging

1. The Contractor(s) shall be on the NIST grounds only between the hours of 6:30 a.m. and 6:00 p.m. (normal work hours) on normal Federal workdays.

a. Should the Contractor(s) desire to work at times other than those specified above, the dates and hours must be scheduled at least fourteen (14) working days in advance and approved by the NIST Security Office through the Contracting Officer.

2. Green Badge applications will be submitted for this contract for all response personnel.

3. Any afterhours work will require pre-authorization and government escort 100% of the time.

a. Non- U.S. citizens to be employed under this contract must have official legal status in the U.S.

4. Contractor personnel are required to wear identification badges at all times on the NIST grounds.

5. The gate “F” at the National Institute of Standards and Technology site shall be used for material supply and personnel by the Contractor and subcontractors unless otherwise directed by the COR or during out of hours access.

6. The contractor agrees that they are the primary authority in getting their personnel and sub-contractor’s badges for site access.

a. The contractor will within 15 days of Notice to Proceed provide to the COR a complete list of personnel and sub-contractor personnel requiring badging.

b. Contractor will provide legal names as shown on official identification (driver’s license, state ID)

c. Contractor will identify any non-resident aliens to begin the additional verification requirements for access.

d. Contractor will provide all contractor and sub-contractor personnel position descriptions for all names submitted.

e. Contractor is advised to include delivery drivers and other supervisory staff for contractor and any sub-contractors.

7. Contractor will be responsible for ensuring all personnel being submitted for badging have a daily monitored, and active email address for everyone.

8. Contractor will be provided an electronic “- OFPM NIST Associate Badge Application and OF-306 Form” that each submitted employee is required to fill out.

a. Contractor will return all completed forms within 10 workdays.

PAGE 15 OF 41 1333ND25QNB190437

b. Contractor is responsible for ensuring all fields are complete and information is correct.

c. Forms can only be returned electronically by password protecting the forms individually. Contractor and COR will coordinate on password to be used.

d. Password changes will be communicated immediately.

9. Contractor is advised the fingerprinting process has recently changed at NIST.

a. Effective January 1, 2023, all fingerprinting actions, to include those fingerprints captured for hiring actions (EQIP) and those captured for Badging, will be completed using the US Access credentialing system located in the Badge office at NIST Gaithersburg or other US Access Share Service locations. To facilitate this, all Federal Employees, Associates, and Contractors who require a PIV, PIV-I or Facility Access Credential will need to be enrolled in the US Access system by requesting an appointment for an enrollment within the US Access scheduler.

10. Paper Visitors Passes are limited to a 10-visit limit and should not be used unless no other option is available.

a. 10 pass limit includes authorizations to visit submitted but not utilized.

b. 10 pass limit is not for the calendar year, but a year from first issuance.

11. Out of hours work:

a. Contractor shall utilize NIST Outage Paper Badging

b. Contractor shall provide name, citizenship status, and other required information to COR to be added to the access list within 14 days of planned installation onsite.

c. Non-resident aliens require additional paperwork for access. Allow at least 10 days for processing.

Deliverables for Review

1. Contractor will provide a health and safety plan within 10 days of contract award.

c.i. Confined space JHA’s will be included with safety plan.

2. Contractor will provide certificate of insurance (COI) with Safety Plan, or within 10 days of contract award.

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Government Furnished Information

1. The Government will provide the drawings/documentation for the project, as necessary.

2. The contractor shall be responsible to verify those drawings against field conditions before starting the project.

3. The contractor shall notify the COR of any discrepancies found in the field.

Period of Performance

One (1) Year Base Period from date of award with four (4) Option Years.

Submittals

1. Deliver all submittals to COR Stanley Rice, stanley.rice@nist.gov , 301-975-2368 at National Institute of Standards and Technology, Operations Engineering Group, 100 Bureau Drive, Building 301, Room A120, Gaithersburg, MD 20899-1952.

Place of Performance

The National Institute of Standards and Technology at its main campus located at 100 Bureau Drive, Gaithersburg, Maryland.

Invoicing

1. All invoices shall be submitted to COR for pre-approval before submitting to NIST Invoicing.

a. Invoice shall be approved and returned by COR before submission to NIST Invoicing.

b. All invoices submitted shall include a copy of the certified payroll being invoiced for.

2. Any invoice submitted without certified payroll will automatically be rejected.

3. Upon submitting the final invoice, the contractor shall include a release of claims with the final invoice. A final invoice received without a release of claims statement will be rejected.

End of Statement of Work

Section C Contract Clauses

PAGE 17 OF 41 1333ND25QNB190437

SECTION C – CONTRACT CLAUSES

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

PAGE 18 OF 41 1333ND25QNB190437

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)).

PAGE 19 OF 41 1333ND25QNB190437

__ (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).

__ (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).

__ (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).

PAGE 20 OF 41 1333ND25QNB190437

__ (17) [Reserved]

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

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

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

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

__ (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 21 OF 41 1333ND25QNB190437

__ (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 22 OF 41 1333ND25QNB190437

__ (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 23 OF 41 1333ND25QNB190437

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 24 OF 41 1333ND25QNB190437

[Contracting Officer check as appropriate.]

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

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

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

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

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

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

__ (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 25 OF 41 1333ND25QNB190437

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 26 OF 41 1333ND25QNB190437

(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 27 OF 41 1333ND25QNB190437

(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) Stanley Rice 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: 301-975-2368 Email: stanley.rice@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 28 OF 41 1333ND25QNB190437

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…