1333ND25QNB680010.pdf

Precious Metals IDIQ/ Request for Quote 1333ND25QNB680010

(I) This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation;

proposals are being requested and a written solicitation will not be issued. The solicitation is being issued using simplified acquisition procedures for certain commercial items under the authority of FAR 13.

(II) The solicitation number is 1333ND25QNB680010 and this solicitation is a Request for Quotation (RFQ). This acquisition is being solicited as a small business set aside.

(III) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2025-03 dated January 17, 2025.

(IV) The associated North American Industrial Classification System (NAICS) code for this procurement is 331492 – Secondary Smelting, Refining, and Alloying of Nonferrous Metal (except Copper and Aluminum) with a small business size standard of 850 employees.

(V) All offerors shall provide a firm-fixed-price quotation for the following line item(s):

See attachments:

“Attachment 1 – Statement of Work” “Attachment 2 - Precious Metals Price List”

Contract Line Item:

CLIN 0001: Purchase of Precious Metals, with a five (5) year period of performance.

CLIN 0002: Precious Metal Reclamation services, with a five (5) year period of performance.

(VI) The requirements for the line items to be acquired above are in the attached Statement of Work document.

Attachment #1: Precious Metals Price List

(VII) Date(s) and place(s) of delivery and acceptance and FOB point are required in accordance with the attached Statement of Work document.

(VIII) The provision at FAR 52.212-1, Instructions to Offerors—Commercial Products and Commercial Services, applies to this acquisition. Addenda to this provision is as follows:

DUE DATE FOR QUOTATIONS

Offerors shall submit their electronic quotations, via email, so that NIST receives them not later than 11:00 AM Eastern Time on June 10, 2025. E-mail quotations shall be submitted directly to the Contract Specialist at forest.crumpler@nist.gov

Please reference the RFQ number in the subject line of email communications. Offerors quotations shall not be deemed received by the Government until the quotation is entered in the e-mail inbox set forth above.

PRE-QUOTE INQUIRIES (CAR 1352.215-72):

Offerors must submit all questions concerning this solicitation in writing to the Contract Specialist Forest Crumpler at forest.crumpler@nist.gov. Questions should be received no later than 7 calendar days after the issuance date of this solicitation. All responses to the questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, only the responses included in the amendment to the solicitation will govern performance of the contract.

QUOTATION PREPARATION INSTRUCTIONS:

All quotations shall conform to solicitation provisions/clauses and be prepared in accordance with this section. The quotation shall be clearly and concisely written as well as be neat, indexed (cross-indexed as appropriate) and logically assembled. Note: The term “indexed” refers to a table of contents that lists sections and page numbers. In the event that the Offeror is unable to create an indexed quotation, an alternative approach such as a Table of Contents shall suffice. All pages of the quotation shall be appropriately numbered. A cover letter may be included in addition to Volumes I-IV discussed below.

In preparing the quotation, each volume shall stand on its own. For each given evaluation factor the Government will only evaluate the information provided in the corresponding section of the quotation. The Offeror’s quotation shall be clearly divided into the following distinct volumes:

Volume I – Technical Quotation Volume II – Relevant Experience Volume III – Price Quotation Volume IV – Terms and Conditions

Volume I - Technical Quotation:

The offeror shall submit one (1) copy of their technical quotation, electronically, via E-mail to the Contract Specialist and Contracting Officer identified above. The technical quotation shall address the following:

Technical Capability:

The offeror shall provide documentation that demonstrates the number of metals, listed in the Statement of Work, that they are able to offer, the purity levels and availability of required shapes specified in the Statement of Work, sources available to the offeror to obtain the metals. Submitted response should include, but not limited to, all relevant information on the contractor’s ability to provide the required metals.

If applicable, evidence that the offeror is authorized by the manufacturer to provide the item(s) in the quotation should be included.

Additionally, offerors must include information to demonstrate their process and ability to offer the metal reclamation services.

Volume II – Relevant Experience

The seller shall provide evidence of experience of suppling precious metals, at the required purity, and reclamation services similar to those in the statement of work.

Evidence of this criterion shall be demonstrated with appropriate documentation and/or the submission of references. These references must be within the past three

(3) years and must include contact information.

If the offeror has no relevant experience, it may include a statement to that effect in its quotation. The government reserves the right to consider data obtained from sources other than those described by the offeror in its quotation. The relevant experience portion of the quotation shall not exceed one (1) page in length.

Volume III - Price Quotation:

The offeror shall submit an electronic copy of the completed price quotation. The price quotation shall be separate from any other portion of the quotation. The offeror shall propose a separate firm-fixed-price for each item listed in “Attachment 1 – Precious Metals Price List” for which they are able to offer. Price quotations shall remain valid for a period of 90 days from the date quotations are due.

NIST intends to award an amount of Indefinite Delivery/Indefinite Quantity contracts as represent the best interests of the Government. This may mean a single IDIQ contract or multiple IDIQ contracts. These contracts are anticipated to have a base period of five (5) years. Pricing submitted in “Attachment 1 - Precious Metals Price List” will be used for evaluation purposes, however the Government reserves the right to use submitted prices to issue one or more Task Orders at time of award of base IDIQ contract. Subsequent task orders will be issued on a competitive basis and offerors will have an opportunity to submit price for each Task Order.

Additionally, the submitted price quote shall also include a formula for price evaluation to be set for the five (5) year duration. This formula should be based on a publicly available index (see below) and will be utilized by the Government for price evaluation and will be used if an emergent requirement must be satisfied without conducting a competition amongst the IDIQ holders, using the index submitted by each offeror to determine the lowest price. The formula should be represented as follows: Index price ± % multiplier (e.g. Engelhard Index + .05 of index = price).

Examples of possible price index sources include, but are not limited to:

London AM PM index

Engelhard Index American Standard Bullion Market

A similar formula shall be provided for metal reclaims. The contractor may provide different formulas depending on metal purity and the state of the metal. For example, the contractor may provide a different formula for the reclaim of a solid gold item or for metal scrapings that are an alloy that includes gold. Please note that reclaimed materials will be in multiple forms as is consistent with the semiconductor industry and described in the statement of work.

Volume IV - Terms and Conditions & Small Business Subcontracting Plan

Offerors shall provide a completed copy of all provisions listed below:

1. FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services

2. FAR 52.225-2, Buy American Certificate

3. FAR 52.225-18, Place of Manufacture

4. FAR 52.229-11, Tax on Certain Foreign Procurements—Notice and

Representation

Acceptance of Terms and Conditions (Addendum to FAR 52.212-1(b) (11)):

If the contractor objects to any of the terms and conditions contained in this solicitation, the contractor shall state "The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:" [Contractor shall list exception(s) and rationale for the exception(s)]. It is the sole responsibility of the contractor to identify in their quotation any exceptions to the terms and conditions of the solicitation. If the contractor does not include such a statement, the submission of a quotation in response to this solicitation will be regarded as the Contractor's acceptance of the Government's terms and conditions for inclusion into the resultant purchase order

(PO).

Note: This procurement is not being conducted under the GSA Federal Supply Schedule (FSS) program or another Government-Wide Area Contract (GWAC). If an Offeror submits a quotation based upon an FSS or GWAC contract, the Government will accept the proposed price. However, the terms and conditions stated herein will be included in any resultant purchase order, not the terms and conditions of the Offeror's FSS or GWAC contract, and the statement required above shall be included in the quotation.

NAICS Code

If the Offeror’s representations and certifications do not reflect the NAICS code governing this solicitation, Offerors must submit documentation that they are a small business under the NAICS code governing this solicitation.

(End of provision FAR 52.212-1)

(IX) Provision 52.212-2, Evaluation-Commercial Products and Commercial Services applies to this procurement. The evaluation criteria included in paragraph (a) of the provision are as follows:

EVALUATION CRITERIA

The Government intends to award a single firm fixed price purchase order (PO) from this solicitation utilizing simplified acquisitions procedures in accordance with FAR part 13. The Government reserves the right not to award a PO and to make an award without discussions based solely upon initial quotes.

Basis for Award:

The Government will award a firm fixed price purchase order resulting from this solicitation once the Contractor is verified as responsible and the quotation conforming to the solicitation is found most advantageous to the Government, price and other factors considered. As such, the Government may select a vendor who has not quoted the lowest price or the highest-rated technical submission. A quoted system must meet or exceed all of the minimum requirements to be considered for award. Systems that do not meet the minimum requirements will not be evaluated further. The Government will evaluate quotations based on the following evaluation criteria factors: 1) Technical Capability 2) Relevant Experience and 3) Price.

Technical Capability and Relevant Experience when combined are equal to price.

An Offeror's failure to address any factor may be considered indicative of the Offeror's lack of understanding of the Government's requirements and may result in the offer being determined unacceptable.

Factor 1- Technical Capability:

Evaluation of this factor is a subjective evaluation of the vendor's demonstrated resources, capability, and methods to meet all requirements. This may include the authority to provide the metals, the purity of available metals and the number of metals being offered.

Factor 2- Relevant Experience

Evaluation of this factor will be based on information contained in the technical and experience portion of the proposal and information provided by references, if provided. The Government will evaluate relevant experience by contacting appropriate references, including NIST references, if applicable.

Factor 3- Price: The proposed price will be evaluated. The evaluation will determine whether the proposed prices are reasonable in relation to the solicitation requirements. A price realism analysis will not be conducted. Prices must be proportionate with the technical portion of the quotation.

(End of provision 52.212-2)

Deviations to FAR 52.212-3 and 52.212-5 NOTE: System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations.

Examples include:

52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals— Representation, 52.222-25, Affirmative Action Compliance, and 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services - paragraph (d Contracting officers shall not consider or use these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services.

As prescribed in 12.301(b)(2), insert the following provision:

Offeror Representations and Certifications—Commercial Products and Commercial Services (MAY 2024)(DEVIATION FEB 2025)

(d) [Reserved]Representations required to implement provisions of Executive Order 11246—

(1) Previous contracts and compliance. The offeror represents that—

(i) It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It □ has, □ has not filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that—

(i) It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii) It □ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services.

As prescribed in 12.301(b)(4), insert the following clause:

Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services (JAN 2025)(DEVIATION FEB 2025)

(b) * * * __(33) [Reserved] 52.222-21, Prohibition of Segregated Facilities (APR 2015).

__(34) [Reserved] (i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

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

(e)(1) * * *

(ix) [Reserved]52.222-21, Prohibition of Segregated Facilities (APR 2015).

(x) [Reserved]52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

Alternate II (JAN 2025)(DEVIATION FEB 2025). * * * (e)(1) * * *

(ii) * * *

(I) [Reserved] 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(J) [Reserved] 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

(X) Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Products and Commercial Services, with its offer. The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(XI) The clause at 52.212-4, Contract Terms and Conditions -- Commercial Products and Commercial Services, applies to this acquisition.

(XIII) The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Products and Commercial Services. (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 and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23

(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:

52.203-17, Contractor Employee Whistleblower Rights 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards 52.204-27, Prohibition on a ByteDance Covered Application 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition 52.209-6, Protecting the Government’s Interest when Subcontracting with Contractor’s Debarred, Suspended, or Proposed for Debarment 52.219-6, Notice of Total Small Business Set-Aside 52.219-28, Post-Award Small Business Program Representation 52.222-3, Convict Labor 52.222-19, Child Labor – Cooperation with Authorities and Remedies 52.222-36, Equal Opportunity for Workers with Disabilities 52.222-50, Combating Trafficking in Persons 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving 52.225-1, Buy American-Supplies 52.225-13, Restrictions on Certain Foreign Purchases 52.229-12, Tax on Certain Foreign Procurements 52.232-33, Payment by Electronic Funds Transfer-System for Award Management

(End of clause)

(XIIV) The following additional contract requirement(s) and additional terms and conditions are necessary for this acquisition and consistent with customary commercial practices:

PROVISIONS AND CLAUSES:

The following provisions and clauses apply to this acquisition and are hereby incorporated by reference.

All FAR clauses may be viewed at https://www.acquisition.gov/browse/index/far All Commerce Acquisition Regulation (CAR) clauses may be viewed at https://www.acquisition.gov/car https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.232-40#FAR_52_232_40 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/car

IDIQ Specific Provisions and Clauses:

52.216-27 - Single or Multiple Awards (OCT 1995)

The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation.

(End of Provision)

ORDERING PROCEDURES UNDER MULTIPLE AWARD CONTRACTS

The Contracting Officer will issue written orders prior to the Contractor’s commencement of any work. This clause establishes procedures and criteria that will be used to provide multiple awardees a fair opportunity to be considered for each order issued under the Indefinite Delivery Indefinite Quantity (IDIQ) awards.

(a) Except as provided for in paragraph (b) of this clause, for orders issued under multiple award IDIQs, each awardee will be provided a fair opportunity to be considered for each order in excess of $5,000.00.

Individual orders will be procured through competition among IDIQ awardees.

Awardees are not obligated to submit quotes for all Requests for Quotation (RFQs), nor is the Government obligated to award an order, of any amount, to any IDIQ awardee. Failure to submit a quote for one order and/or late submission of a quote in response to a request for quotation, will not preclude an awardee from being considered for future orders.

(b) Awardees need not be given an opportunity to be considered for each order in excess of $5,000.00 under multiple award IDIQs if the Government determines that:

(1) The agency's need for supplies is of an urgency that providing such opportunity would result in unacceptable delays;

(2) Only one Contractor is capable of providing the supplies required at the level of quality required because the supplies ordered are unique or highly specialized;

(3) The order should be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the agreement, provided that all awardees were given a fair opportunity to be considered on the original award.

(4) Past performance information from previous orders may be used as a screen in selecting participants for solicitation of quotations for any given order.

This determination shall be documented in the delivery order file.

(c) Ordering shall take place through a competitive process. A Request for Quotation package shall be forwarded to all awardees via e-mail or fax to the attention of each awardee's Project Director. RFQs shall identify a due date & time for quotes.

(d) Upon receipt of the Request for Quotation Package, Contractors shall prepare a firm fixed-price quotation and submit that quotation to the Contract Specialist on or before the date and time specified in the RFQ.

All submissions must be received on or before the due date and time specified in the RFQ. Quotations and/or supporting documentation received after the due date and time shall be considered late and may not be considered for award.

The Government intends to evaluate quotations and award an order without discussions.

Therefore, the awardees’ initial quotation should contain the offeror's best terms from a price standpoint and technical standpoint, when applicable.

If discussions are conducted, the Contracting Officer will provide a common cut-off date for revised quotations to be submitted. Revised quotations shall be re-evaluated by the Contracting Officer and the COR as appropriate.

Award shall be made to the Contractor submitting the lowest price quotation unless other evaluation factors are identified in the Request for Quotation.

(End of Clause)

52.216-18 ORDERING (OCT 1995)

(a) Any supplies to be furnished under this contract shall be ordered by issuance of delivery orders by the individuals or activities designated in the Schedule. Such orders may be issued at any time during the period of performance.

(b) All delivery orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order and this contract, the contract shall control.

(c) If mailed, a delivery order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) "Minimum order." When the Government requires supplies or services covered by this contract, of a quantity of less than $5,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) "Maximum order." The Contractor is not obligated to honor--

(1) Any order for a single item in excess of $725,000.

(2) Any order for a combination of items in excess of $725,000; or

(3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons.

Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after all deliveries required by all delivery orders are received and accepted.

(End of Clause)

1352.216-75 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (APR 2010)

During the term of the contract, the Government shall place orders totaling a minimum of $5,000. The amount of all orders shall not exceed a total value of all contracts of $725,000.00

1352.216-76 PLACEMENT OF ORDERS (April 2010)

(a) The contractor shall provide goods and/or services under this contract only as directed in orders issued by authorized individuals. In accordance with FAR 16.505, each order will include:

(1) Date of order;

(2) Contract number and order number;

(3) Item number and description, quantity, and unit price or estimated cost or fee;

(4) Delivery or performance date;

(5) Place of delivery or performance (including consignee);

(6) Packaging, packing, and shipping instructions, if any;

(7) Accounting and appropriation data;

(8) Method of payment and payment office, if not specified in the contract;

(9) Any other pertinent information.

(b) In accordance with FAR 52.216–18, Ordering, the following individuals (or activities) are authorized to place orders against this contract:

(c) If multiple awards have been made, the contact information for the DOC task and delivery order ombudsman is ____.

General Provisions and Clauses:

PROVISIONS

FAR 52.204-7, System for Award Management In accordance with FAR 52.204-7, offerors must be registered in the System for Award Management (www.sam.gov) at the time of quotation submission and shall continue to be registered until time of award, during performance, and through final payment of any resultant contract. Refusal to register shall forfeit award.

FAR 52.204-16, Commercial and Government Entity Code Reporting FAR 52.204-22, Alternative Line-Item Proposal FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

FAR 52.204-26, Covered Telecommunications Equipment or Services – Representation FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services (Deviation FEB 2025) FAR 52.225-2, Buy American Certificate FAR 52.225-18, Place of Manufacture FAR 52.225-25, Prohibition on Contracting With Entities Engaging In Certain Activities Or Transactions Relating To Iran-Representation And Certifications FAR 52.229-11, Tax on Certain Foreign Procurements—Notice and Representation FAR 52.252-1, Solicitation Provisions Incorporated by Reference FAR 52.252-5, Authorized Deviations in Provisions

CAR 1352.233-70, AGENCY PROTESTS

(a) An agency protest may be filed with either (1) the Contracting Officer, or (2) at a level above the Contracting Officer, with the agency Protest Decision Authority. See 64 Fed. Reg. 16,651 (April 6, 1999).

(b) Agency protests filed with the Contracting Officer shall be sent to the following address:

NIST/ACQUISITION MANAGEMENT DIVISION

100 Bureau Drive, MS 1640 Gaithersburg, MD 20899

(c) Agency protests filed with the Protest Decision Authority shall be sent to the following address:

NIST/ACQUISITION MANAGEMENT DIVISION

ATTN: HEAD OF THE CONTRACTING OFFICE (HCO)

100 Bureau Drive, MS 1640 Gaithersburg, MD 20899

(d) A complete copy of all agency protest, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority.

(e) Service upon the Contract law Division shall be made as follows:

U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W., Washington, DC 20230. FAX: (202) 482- 5858.

(End of provision)

CAR 1352.233-71, GAO AND COURT OF FEDERAL CLAIMS PROTEST

(a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed.

(b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims.

(c) Service upon the Contract Law Division shall be made as follows:

U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W.

Washington, D.C. 20230

FAX: (202) 482-5858

(End of provision)

CLAUSES:

FAR 52.204-13, System for Award Management Maintenance FAR 52.204-18, Commercial and Government Entity Code Maintenance FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment FAR 52.232-8, Discounts for Prompt Payment FAR 52.232-39, Unenforceability of Unauthorized Obligations FAR 52.246-2, Inspection of Supplies-Fixed-Price FAR 52.247-34, FOB Destination FAR 52.247-48, F.O.B. Destination – Evidence of Shipment FAR 52.252-2, Clauses Incorporated by Reference FAR 52.252-6 Authorized Deviations in Clauses CAR 1352.201-70, Contracting Officer’s Authority CAR 1352.201-72, Contracting Officer’s Representative CAR 1352.209-72 Restrictions Against Disclosure CAR 1352.209-73, Compliance with the Laws CAR 1352.209-74, Organizational Conflict of Interest

CAR 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:

**Period of Performance will be dictated on each order**

NIST LOCAL-39 MARKING/PACKING INSTRUCTIONS

(1) If the total contract/order includes multiple quantities of the same or like item(s), segregated as separate CLIN/Item numbers, deliverables shall be packed accordingly. Each individual Package / container in the shipment shall include deliverables on a per-CLIN or Item basis.

(2) For each shipment made under this contract/order, the Contractor shall furnish itemized packing list(s), enumerating the specific contents of each shipping container and what specific individual components constitute a full and complete "unit" for each bid item. The packing list shall include the brief description of each item found in the Schedule. If more than one container is required for each unit, each container should be marked accordingly, e.g., "Box 1 of 2," "Box 2 of 2," and the boxes, where feasible, should be taped or shrink-wrapped together as an issuable unit.

(3) The contract number AND CONTRACT LINE-ITEM NUMBER (CLIN) OR ORDER ITEM NUMBER shall be placed on the exterior of all containers.

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 quired 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 operations 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 operations 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:

http://www.nist.gov/ https://www.nist.gov/campus-status

(303) 497-4000

(303) 497-3000 option 2

In the event of a lapse in appropriates, access to Government facilities and resources, including equipment and systems, will be limited to excepted personnel for both Federal employees and contractor 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 Officer 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 is a COR is not appointed.

Contractors with active supply or service contracts that are fully funded at the time of the 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 include 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;

http://www.nist.gov/ http://www.opm.gov/ mailto:INVOICE@NIST.GOV http://www.sam.gov/

(9) Prompt payment discount terms, if offered; and

(10) Any other information or documentation required by the contract.

DEPARTMENT OF COMMERCE ELECTRONIC SUBMISSION OF PAYMENT

REQUESTS FOR EXISTING CONTRACT ACTIONS INVOICING PROCESSING

PLATFORM-ALTERNATE I (DEC 2022)

Upon written notice from the contracting officer the following supersedes all other instructions for the submission of payment requests. Accordingly, following written notice payment requests must be submitted electronically through the U.S.

Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable payment request or invoicing instructions, Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice: SEE NIST LOCAL-54 for documentation requirements.

The Contractor must use the IPP website to register, access, and use IPP for submitting payment requests. If not already enrolled, the Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email within three to five business days of the addition of the contract award to IPP.

Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email: IPPCustomerSupport@fiscal.treasury.gov or phone

(866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting payment requests, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation. Contact the contracting officer for more information on submitting a waiver request.

(End of clause)

(XIV) Defense Priorities and Allocations System (DPAS) is NOT applicable.

(XV) All quotations shall be delivered electronically by the specified close date and time in paragraph VIII above to Forest Crumpler, Contract Specialist, at forest.crumpler@nist.gov and Contracting Officer Don Collie at donald.collie@nist.gov.

https://www.ipp.gov/

(XVI) For information regarding this solicitation, contact the Contract Specialist, Forest Crumpler at forest.crumpler@nist.gov.

In accordance with FAR 52.204-7, offerors must be registered in the System for Award Management (www.sam.gov) at the time of quotation submission and shall continue to be registered until time of award, during performance, and through final payment of...