RFP 1333ND25RNB610012 AMENDMENT4 - Final.docx

AMENDMENT 0004

Please note all changes are denoted in red font beginning in Section L.4.1. Submissions of Questions

SECTION B:

SUPPLIES OR SERVICES AND PRICES/COSTS:

B.1 INTRODUCTION & AUTHORITY / GENERAL INSTRUCTIONS:

The United States Department of Commerce, National Institute of Standards and Technology (NIST) is hereby awarding an Indefinite Delivery Indefinite Quantity (IDIQ) type contract.

Task orders issued under this IDIQ contract are anticipated to be Firm-Fixed-Price (FFP). The ordering period shall not exceed four (4) years from date of award.

The Contractor shall provide all labor, materials, equipment, services, logistical support, and supplies necessary to perform, in accordance with the Section C, Statement of Work.

This is a solicitation in accordance with the Federal Acquisition Regulation (FAR) Part 15 – Contracting by Negotiation, this is a Full-and-Open (Unrestricted) Competitive Solicitation, and Request for Proposals (RFP), issued to meet the Government’s Requirements Titled: “Nuclear Reactor Recovery Services.” The North American Industry Classification System (NAICS) Code 541690— Other Scientific and Technical Consulting Services, with a small business size standard of $19 Million, is applicable to the Government’s Requirements. The Product Service Code H944— Other Quality Control, Testing, and Inspection- Furnace, Steam Plant, and Drying Equipment; Nuclear Reactors, is applicable to the Government’s Requirements.

B.2 CONTRACT PRICING:

All task orders issued under this ID/IQ contract shall be priced in accordance with Section B.2.1. The labor rates in Section B.2.1 serve as the maximum labor rates that the Contractor may propose under task orders against the ID/IQ. The Contractor may always provide lower labor rates and discounts, via future task order proposals, under task orders against the ID/IQ. The labor categories are anticipated to be the primary labor categories necessary for the Contractor to successfully perform all services and provide all deliverables at the task order level. Other labor categories may be added, via modification to the ID/IQ by the Contracting Officer, if the labor categories are determined necessary and applicable to successfully perform the scope/work of the ID/IQ and the task order level, and if the labor categories are proposed by the Contractor and advance approved by the Contracting Officer (CO) and Contracting Officer’s Representative

(COR).

B.2.1 CONTRACT LINE ITEM NUMBERS (CLIN) PRICING STRUCTURE FOR ID/IQ:

The pricing structure of the ID/IQ is detailed as follows:

The Contractor shall provide fully burdened, ceiling hourly labor rates which include wages, overhead, general and administrative expenses, and profit. The labor rates shall serve as the maximum labor rates the Contractor may propose when submitting business/price proposals at the task order level. Each task order will identify the level of effort required for the successful performance of the task order. * The fully burdened, ceiling hourly labor rates proposed for each year are to be provided under the applicable CLIN.

* The Government has provided the Project Manager as a required labor category under the Government’s Requirements and the ID/IQ. Any offeror SHALL provide pricing for this required labor category: Project Manager. The Contractor shall also propose other appropriate labor categories that are determined necessary and applicable to successfully perform the scope/work of the ID/IQ and the task order level, i.e., necessary and applicable to successfully perform the scope/work described in Section C, Section F and the Mock Task Order Statement of Work. * At a minimum, all labor categories and fully burdened, ceiling hourly labor rates proposed for each year in the ordering period and for the Mock Task Order must be included in Section B.2.1.

While not mandatory (except for the Project Manager category), the following list is provided for informational purposes only. This list provides possible labor categories offerors might want to consider at various experience or seniority levels for including in their IDIQ pricing.

· Project Manager

· Health Physics and/or Safety Coordinator and/or ALARA Coordinator

· Outage Manager

· Task Lead

· Technician

· Machinist

This list is just possible labor categories for consideration and is not all inclusive.

ID/IQ CLIN 00010 – Ordering Period (Months 1 through 12).

Labor Category Fully Burdened, Ceiling Hourly Labor Rate

* Project Manager* $

* The Government has provided the Project Manager as a required labor category under this IDIQ. The Contractor shall propose other appropriate categories.

The level of effort required will be identified at the task order level. The Contractor shall provide fully burdened ceiling hourly labor rates which include wages, overhead, general and administrative expenses, and profit. These rates shall be used by the Contractor when submitting price quotes at the task order level. The fully burdened rates that apply to Year 1 are provided under CLIN 00010. The Contractor shall also propose other appropriate categories applicable to accomplish the work described in Section C.

ID/IQ CLIN 00020 - Ordering Year Two (2) (Months 13 through 24)

Labor Category Fully Burdened, Ceiling Hourly Labor Rate

* Project Manager* $

The level of effort required will be identified at the task order level. The Contractor shall provide fully burdened ceiling hourly labor rates which include wages, overhead, general and administrative expenses, and profit. These rates shall be used by the Contractor when submitting price quotes at the task order level. The fully burdened rates that apply to Year 2 are provided under CLIN 00020. The Contractor shall also propose other appropriate categories applicable to accomplish the work described in Section C.

ID/IQ CLIN 00030 - Ordering Year Three (3) (Months 25 through 36) Labor Category Fully Burdened, Ceiling Hourly Labor Rate

* Project Manager* $

The level of effort required will be identified at the task order level. The Contractor shall provide fully burdened ceiling hourly labor rates which include wages, overhead, general and administrative expenses, and profit. These rates shall be used by the Contractor when submitting price quotes at the task order level. The fully burdened rates that apply to Year 3 are provided under CLIN 00030. The Contractor shall also propose other appropriate categories applicable to accomplish the work described in Section C.

ID/IQ CLIN 00040 - Ordering Year Four (4) (Months 37 through 48).

Note: The fully burdened, ceiling hourly labor rates proposed for Ordering Year Four shall remain applicable for up to six (6) additional months past the expiration of Ordering Year Four (4), should the Government exercise the option to extend services pursuant to FAR 52.217-8..

Labor Category Fully Burdened, Ceiling Hourly Labor Rate

* Project Manager* $

The level of effort required will be identified at the task order level. The Contractor shall provide fully burdened ceiling hourly labor rates which include wages, overhead, general and administrative expenses, and profit. These rates shall be used by the Contractor when submitting price quotes at the task order level. The fully burdened rates that apply to Year 4 are provided under CLIN 00040. The Contractor shall also propose other appropriate categories applicable to accomplish the work described in Section C.

B.2.2 MOCK TASK ORDER PRICING:

Below is the pricing table for the Mock Task Order (TO) (Attachment 1). The offeror shall provide detailed pricing in accordance with the instructions in Section L, below.

* = Offerors shall provide TO Level Pricing in its Mock TO Price Proposal.

CLIN 00010 is a Firm-Fixed-Price line item to perform the work under the TO Level Statement of Work (SOW).

B.3 MINIMUM/MAXIMUM (NOT TO EXCEED CEILING) & OVERALL VALUE:

Both the Government and the Contractor agree that the minimum order consideration under this contract is $5,000.00 worth of task orders, in accordance with FAR Clause 52.216-22 entitled “Indefinite Quantity” and the maximum consideration under this Contract over a four-year period is estimated to be $9,000,000.

SECTION C: DESCRIPTION/SPECIFICATIONS

/STATEMENT OF WORK:

Reactor Recovery Services Center for Neutron Research (NCNR)

2.1 Background

The National Institute of Standards and Technology (NIST) Center for Neutron Research (NCNR) owns and operates a Test Reactor, the NBSR (National Bureau of Standards Reactor), which is located on the NIST campus in Gaithersburg, Maryland, USA. The NBSR is a heavy water (D2O) moderated and cooled, enriched fuel, tank-type reactor designed to operate at a thermal power level of 20 MW. On February 3, 2021, The NIST notified the Nuclear Regulatory Commission (NRC) of an alert concerning elevated radiation levels at the NIST Reactor.

NIST issued a news item that same day.https://www.nist.gov/news-events/news/2021/02/nist- statement-february-3-2021-alert-nist-center-neutron-research

On February 5, 2021, NIST issued an update that contained further details about the event underlying the alert. https://www.nist.gov/news-events/news/2021/02/update-status-nist-center- neutron-research-ncnr

On March 2, 2021, NIST again published an update. This update reported that a portion of a reactor fuel element had likely exceeded a temperature safety limit and that this finding had been reported to the NRC.https://www.nist.gov/news-events/news/2021/03/update-nist-center- neutron-research-alert-feb-3-2021 Because of this event and its aftermath, the primary cooling system of the NIST Reactor has become contaminated with radioactive particulate matter. This makes working in the vicinity of this system complicated.

To assist in the inspection and cleanup of the reactor, the Government awarded a single award Indefinite Delivery/Indefinite Quantity contract for Technical Consulting (Nuclear) services. The period of performance is from August 11, 2021, through February 10, 2025. Much progress has been made towards cleaning the reactor, but more work is still to be done to continue and complete the reactor recovery process.

This requirement is a follow-on requirement for Technical Consulting (Nuclear) services under NAICS Code 541690 to continue the reactor recovery process. This requirement will be pursued as an Indefinite Delivery/Indefinite Quantity contract that includes services as defined in the scope below.

The SOW for each task order will include documentation specifying the general and specific requirements of the task. Where specific scope details cannot be provided, the Contractor and Government will reach an agreement on scope, quantity, and the period of performance to fulfill the intent of the task order.

2.2 Scope

This list is intended to define – at a high level – activities under which the Government intends to issue Task Orders. This list is not intended to be inclusive of all potential activities.

2.2.1 Replacement of fuel transfer dropout chute

· Replace pipe sections, fuel transfer valves, pneumatic actuators, wiring, etc.

· Quality control (metallurgical processes, certifications, testing methodologies)

· Planning

· Radioactive waste management

· Packaging

· Shipping

· Disposal

· Reporting

· Discussion

2.2.2 Removal of hot spots from primary system piping

· Actual removal of hot spots

· Radioactive waste management

· Quality control (“is the hot spot removed”)

· Reporting

· Discussion

2.2.3 Reactor Vessel and Moderator Storage Vessel Inspection

· Camera inspection with emphasis on radioactive source identification

· Removal of radioactive sources (hot spots)

· Camera inspection with emphasis on structure and components integrity

· Reporting

· Discussion

2.2.4 Radiological waste disposal of items used during reactor recovery

· Characterization

· Planning

· Design cask for single (damaged) fuel element

· Design cask(s) for filters and other contaminated items

· Licensing

· Packaging

· Shipping

· Disposal

2.2.5 Strategic plumbing and process component (e.g., pumps) replacement

· Identify hot spots that are fixated

· Identify plumbing spools, components (e.g., pumps) and structure that contain fixated hotspots

· Replace affected plumbing spools, components, and structures

· Radioactive waste management

· Reporting

· Discussion

2.2.6 Evaluation of Heat Exchangers

· Identify hot spots that are fixated

· Replace equipment and plumbing as necessary

· Repair

· Decontamination

· Reporting

· Discussion

2.2.7 Modification to Ventilation System

· Mitigate leakage of fission gas byproducts

· Replace equipment and ductwork as necessary

2.2.8 Correct operation of reactor systems

· Evaluate systems for damage due to inactivity

· Inspect

· Test

· Repair or replace components

· Reporting

2.2.9 Discussion

2.3 Contractor Qualifications and Expertise

The contractor shall be responsible for employing technically qualified personnel to perform the work specified under this requirement. Individual task order requirements will include specific information on the tasks to be performed.

2.4 General Requirements

The contractor shall coordinate with NCNR and NCNR Health Physics to achieve the following:

2.4.1 Minimize and contain the spread of radiological contamination.

2.4.2 Minimize radiation exposure to workers by using As Low As Reasonably Achievable (ALARA) techniques as defined in Title 10, Section 20.1003 of the Code of Federal Regulations (10 CFR 20.1003)

2.4.3 All contractor equipment (including hoses, electrical lines/cable, etc.) must be surveyed for radiological contamination prior to the equipment being moved or carried into the Radiological Controlled Area (RCA) and prior to the equipment being removed from the RCA. Contaminated equipment must be cleaned and re- surveyed until a release level is reached. If a release level cannot be reached, the equipment may be forfeited as radiological waste.

2.5 Quality Assurance Requirements

Some of the basic elements of a Quality Assurance (QA) plan call for certified material and processes, including comprehensive tests to ensure reliability and rigorous standards for acceptance.

2.6 Codes and Standards

2.6.1 Equipment specified at the task order level must be in compliance with all applicable US standards regulating safety aspects. The contractor is responsible for determining the applicability of appropriate standards.

2.6.2 The requirements applicable to non-destructive tests (NDTs) of welds performed during fabrication and installation phases, must comply with ASME/ANSI B31.3 paragraphs 343-345.

2.7 Materials

2.7.1 All materials must conform to all applicable material requirements and must have material certifications. Acceptance test certificates are required for all metallic materials, semi-finished and finished metallic products obtained or used by the contractor or their sub-contractors.

2.8 Testing and Inspections

2.8.1 The contractor is responsible for the completeness of the tests that are required to achieve the QA in line with the requirements of this specification. The contractor must prepare a QA plan and submit it to the NCNR for approval.

2.8.2 The contractor must ensure that sufficient qualified staff, equipment, and arrangements for the performance of all tests both at the Contractor’s premises and at NCNR are provided. All necessary documents such as preliminary test materials, drawings, records, calibration lists, specifications and instructions for NDTs, test bodies, work patterns etc. must be provided as part of the fabrication plan by the contractor.

2.8.3 The contractor must verify all dimensions prior to fabricating of new components. NCNR will review and approve the installation drawings as part of the fabrication plan.

2.8.4 Inspectors appointed for testing and inspections must have the qualifications and thorough technical knowledge to manage the tests in full compliance with the requirements. The contractor must submit to the NCNR test records and protocols of all tests performed at their premises and at NCNR not later than 2 weeks after the respective test is completed. If, during such a test, any defect is found, the respective test must be repeated partly or completely after elimination of the deficiencies. Full achievement of all required tests proven by consistent test protocols is a binding prerequisite for acceptance.

2.8.5 NCNR staff must have the option to witness any tests at the contractor’s or their subcontractor’s facilities. The contractor must notify NCNR at least 10 days prior to any planned test to allow time to arrange travel.

2.8.6 Component and subassembly examination and testing must be performed at the contractor’s shop. Additional testing and examination will be required during installation at NCNR. Any failures discovered must be repaired and the assembly retested.

2.9 Government Responsibilities

At the Contractor’s request, the Government will provide the Contractor access to the NCNR facilities for meetings and/or observation of the circumstances that generated a particular requirement.

2.10 Reporting Requirements and Deliverables

The Contractor must provide to the Government all engineering documentation and any other defined deliverables, as defined in – or derived from – each Task Order awarded under the contract.

2.11 Program Management and Control Requirements

The Contractor shall submit, with the task order proposal submission, its internal Project Management Plan and Engineering Quality Plan, under the provisions of which task orders under the contract must be performed.

2.12 Security

The Contractor shall follow badging procedures noted in the solicitation for Foreign Nationals. All other contractor personnel shall follow HSPD-12 https://www.dhs.gov/homeland-security- presidentialdirective-12 and NIST Directive PR 2401.01 ver 2 (Dated 06/08/2016).

Required training with NIST Health Physics, includes building 235 tour, for an NCNR Orange Badge averages 4 hours for each individual acquiring the badge. A NIST Site Access (Green Badge) is required prior to obtaining an NCNR Orange Badge.

2.13 Access to Government Property

NIST will supply the contractor with access to the following, incidental to the place of performance.

· Limited storage for the contractor provided equipment.

· Electrical Power for the contractor provided tools and equipment.

· Lighting, heating, firefighting equipment, oxygen deficiency hazard (ODH) alarms.

· Health Physics support and oversight

· Fabrication & Installation drawings for the existing system as needed.

2.14 Required Meetings

Kick-Off Meeting (KOM) –The Contractor must schedule and facilitate a kick-off meeting no later than one (1) week after contract award.

Meetings will be determined at the task order level; however, contractors can assume, at a minimum, the following types of required meetings:

· Kick-Off

· Task Order Design Review

· Installation Readiness Review

· System Acceptance Review

2.15 Conflicts

If there is any discrepancy between the drawings and the written specifications, the written specifications must take precedence and the Contracting Officer Representative (COR) must be notified of any discrepancy prior to continuing work.

2.16 Performance Standards

The Government will define the monitoring methods and performance standards at the task order level. If it is determined the contractor has not met the minimum requirements, the Government reserves the rights to require the contractor to develop a corrective action plan which details how and by what date the contractor intends to bring performance up to the required levels outlined in the SOW.

The COR and/or the Contracting Officer (CO) may require the contractor’s project manager, or a designated alternate, to meet with NIST personnel as deemed necessary to discuss performance evaluation. The COR, CO, and designated contractor personnel will jointly formulate tactical and long-term courses of actions if needed. Decisions regarding changes to metrics, thresholds, or service levels will be clearly demonstrated. Any changes to service levels, procedures, and metrics will be incorporated as a task order modification. The contractor must demonstrate system readiness prior to acceptance. The system testing will be coordinated with Reactor Operations.

2.17 Worksite and Logistics

Installation work at the NCNR must be planned and organized in order to minimize the mounting work onsite, and to minimize interference with other activities. NCNR will provide the contractor with a limited storage area on site during the installation phase.

Access to the NCNR work site requires contractors to register and obtain a site access card (badge) from the NIST badge office. The contractor must also participate in radiation safety training given by the NCNR before starting work in the facility. The contractor must perform all work during NIST normal access hours 7:00 AM to 5:00 PM.

During the installation phase, NCNR will make available electrical outlets for welding as required by the contractor. The contractor must notify NCNR as to the electrical requirements for welding machines and other electrical devices such as angle grinders, drills, etc.

The contractor must provide all other equipment necessary, such as lifting gear, tools, welding gas, etc. to carry out the installation works. NCNR will make available toilets and showers for the contractor’s personnel.

The contractor is obliged to follow NIST and OSHA site regulations regarding work environment, safety and health, and general conduct/rules, and to impose them on their personnel as well as on any subcontractor personnel.

2.18 Delivery Terms

Delivery Terms: F.O.B Destination

FOB Destination means: The contractor must pack and mark the shipment in conformance with carrier requirements, deliver the shipment in good order and condition to the point of delivery specified in the purchase order, be responsible for any loss of and/or damage to the goods occurring before receipt and acceptance of the shipment by the consignee at the delivery point specified in the purchase order; and pay all charges to the specified point of delivery. The contractor must deliver all Line Items to the address listed below.

All materials, equipment, and parts which will need to be shipped to NIST for successful completion of this task order must be packed in accordance with commercial practices and delivered to the following location:

National Institute of Standards & Technology (NIST) Center for Neutron Research 100 Bureau Drive Bldg. 301 MS 1640 C/O TBD, Building 235 Gaithersburg, MD 20899

2.19 Training and Badging

2.19.1 Training

Contractor personnel scheduled to go inside building #235 process and sub-pile rooms must complete the NCNR Radiation Safety Training. The training is approximately four (4) to six (6) hours in duration and is completed on-site at the NIST Gaithersburg, MD campus. The class must be completed prior to contractor personnel being permitted to go inside building #235 process and sub-pile rooms. Training is both virtual and on-site at the NIST Gaithersburg, MD campus building #235 and must be scheduled with the COR fourteen (14) days in advance of beginning work. NOTE: Any non-US citizen working on the NIST Gaithersburg, MD campus requires a background check which takes NIST security approximately four (4) weeks to complete. With successful completion of the background check and campus access approval by NIST security, the contractor personnel will be approved to work on the NIST Gaithersburg, MD campus.

2.19.2. Badging

NIST is a restricted campus. A NIST identification badge is required for access to the campus and entry into the buildings. Contractor employees must comply with NIST identification and access requirements. Each Contractor employee must wear a visible identification badge provided by the NIST Security Office. Contractor personnel shall be accompanied by personnel from the NCNR or contractors who have an orange badge and have been granted escorting privileges, while working within NCNR, unless they have been awarded an NCNR credential (orange badge). Site visits for individuals requiring escorts or that are outside of NCNR’s normal business hours must be scheduled at least one (1) week in advance with the COR. Contractor personnel that will perform work within NCNR for more than two days must earn an NCNR credential (orange badge). This requires completion of the Health Physics & Safety Training (information provided above) before work is started. All personnel who will be entering and working in a radiological controlled areas will require radiological worker training. The Health Physics and Safety Department will provide the appropriate training to the required contractor personnel. Outside organization radiological training can be used in lieu of this training. To ensure that the individuals have sufficient radiation safety training they have provided a letter head document stating that have completed basic radiation worker training in accordance with either Nuclear Regulatory Commission requirements of 10 CFR 19 or Department of Energy requirements of 10 CFR 835.

2.20 Warranty

The contractor shall provide a warranty period of twelve (12) months for materials and services. Warranty must commence upon acceptance by the Government. The contractor shall be solely responsible for all costs associated with rejected or warranty work provided.

SECTION E: INSPECTION AND ACCEPTANCE:

E.1 FAR 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): https://www.acquisition.gov/far.

E.2 INSPECTION AND ACCEPTANCE:

Inspection of the supplies/services provided hereunder shall be made by the Contracting Officer’s Representative (COR) or any Inspectors designated by the Contracting Officer. The place of inspection of reports required under this contract shall be at the addresses for deliverables set forth in individual task orders. Final acceptance of supplies/services shall be made by the COR designated in individual task orders.

E.3 QUALITY ASSURANCE:

The COR or designated inspector will review for completeness the preliminary or draft documentation that the Contractor submits and may return it to the contractor for correction as identified in the task orders. Absence of any comments by the COR will not relieve the Contractor of the responsibility for complying with the requirements of this contract. Final approval and acceptance of documentation required herein shall be by letter of approval and acceptance by the COR. The contractor shall not construe any letter of acknowledgement of receipt of material as a waiver of review, or as an acknowledgement that the material is in conformance with this contract. Any approval given during preparation of the documentation, or approval for shipment, shall not guarantee the final acceptance of the completed documentation.

SECTION F: PERFORMANCE AND DELIVERABLES:

F.1 TERM OF THE CONTRACT

The ordering period for a resultant Indefinite Delivery, Indefinite Quantity (IDIQ) contract shall be for forty-eight (48) months from the date of award (anticipated to be in April 2025). Delivery/Task Orders issued against this IDIQ will specify individual performance periods.

F.2 PLACE OF PERFORMANCE

The primary place of performance is anticipated to be:

National Institute of Standards & Technology Center for Neutron Research 100 Bureau Drive Bldg. 235 Gaithersburg, MD 20899

F.3 ORDERING PROCEDURES

A streamlined approach will be used for issuing Delivery/Task Orders which will help expedite the turn-around time of order issuance. Delivery/Task Orders will originate from the National Institute of Standards and Technology (NIST) and will include a SOW that identifies the scope of work required. The Government will request a technical and price proposal based on the work required, using the rates negotiated in the IDIQ contract. The Contractor will be solicited via email requesting proposals (technical and price) for the work to be performed. Upon review and acceptance of the proposal (technical and price), NIST will issue Delivery/Task Order(s) during the contract period of performance.

F.4 DELIVERABLES

Each delivery or task order issued by the Government under the IDIQ contract shall specify the deliverables that the contractor shall provide under the individual order.

F.5 FAR 52.252-2 – CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

In accordance with FAR 52.252-2, this contract incorporates one or more clauses by reference, with the same force and effect as if they were included in full text. Upon request, the Contracting Officer will make their full text available.

SECTION G:

CONTRACT ADMINISTRATION DATA:

G.1 ADMINISTRATIVE POINTS OF CONTACT:

Notwithstanding the Contractor’s responsibility for total management during the performance of this Contract, administration of the Contract will require maximum coordination between the Government and the Contractor. The following information identifies the individuals responsible for this coordination:

G.1.1 Contracting Officer/Contract Specialist (CO/CS): Contracting Officer Donald Collie U.S. Department of Commerce National Institute of Standards and Technology 100 Bureau Drive Gaithersburg, MD 20899 Phone: 301-975-6458 Donald.Collie@nist.gov Contract Specialist Cielo Ibarra U.S. Department of Commerce National Institute of Standards and Technology 100 Bureau Drive Gaithersburg, MD 20899 Phone: 301-975-5094 Cielo.Ibarra@nist.gov

G.2 CAR 1352.201-70 - Contracting Officer's Authority:

The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

G.3 1352.201-72 CONTRACTING OFFICER`S REPRESENTATIVE (COR) (APR 2010)

(a) TO BE ANNOUNCED AT AWARD 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:

100 Bureau Drive, Gaithersburg, MD 20899

Phone Number: TO BE ANNOUNCED AT AWARD

Email: TO BE ANNOUNCED AT AWARD

(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.

G.3 PROJECT MANAGER:

The Contractor shall be responsible for managing and overseeing the activities of all Contractor personnel, as well as subcontractor efforts used in performance of this contract. The Contractor's management responsibilities shall include all activities necessary to ensure the accomplishment of timely and effective support, performed in accordance with the requirements contained herein.

The Contractor shall provide a Project Manager (PM) to facilitate Government-Contractor communications. The PM shall be the primary technical and managerial interface between the Contractor and CO and the COR. The Contractor's designated PM for this contract is:

[To be completed at the time of award]

The Contractor’s designated PM for this Contract shall have the authority to make any no-cost Contractual technical, hiring and dismissal decision, or special arrangements regarding this Contract.

The PM shall have full authority to act for the Contractor in the performance of the required services. The PM or a designated representative shall meet with the COR to discuss problem areas as they occur. The PM or designated representative shall respond within four hours after notification of the existence of a problem. The PM and all designated representatives shall be able to fluently read, write, and speak the English language.

Reference Section H, Clause 1352.237-75 for requirements related to contractor key personnel.

G.4 PAYMENTS

G.4.1 PAYMENT FREQUENCY

Payments will be made within 30 days after receipt of a proper invoice. Invoices may be submitted no more frequently than monthly.

G.4.2 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.

G.4.3. NIST LOCAL-54 ELECTRONIC BILLING INSTRUCTIONS

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

Each Invoice or Voucher submitted shall include the following:

(1) Contract number;

(2) Contractor name and address;

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

(4) Date of invoice;

(5) Invoice number;

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

(7) Contract Line-Item Number (CLIN);

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

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

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

SECTION H:

SPECIAL CONTRACT REQUIREMENTS:

H.1 AUTHORITY TO ISSUE ORDERS:

Only NIST Contracting Officers are authorized to issue TOs against this ID/IQ Contract.

H.2 ID/IQ CONTRACT ORDERING PROCEDURES AND LIMITATIONS: TO LEVEL:

H.2.1 Both the Government and the Contractor agree that the minimum guaranteed under this ID/IQ Contract is $5,000.00 for all years combined, and the ID/IQ Contract Not-to-Exceed Ceiling Amount (maximum consideration under this ID/IQ Contract) over a four-year period is $9,000,000.00

H.2.2 All TOs will be issued in writing and signed by the NIST Contracting Officer.

H.2.3 The period of performance/term for each TO placed against this ID/IQ Contract shall be specified in each TO. Under no circumstances may a TO be placed against this ID/IQ Contract if this ID/IQ Contract has expired or has been terminated by the Government.

H.2.4 The Government will not reimburse the contractor for the costs of preparing proposals for TOs or the basic ID/IQ contract.

H.2.5 A streamlined approach is intended for the RFP process leading to issuing TOs. The NIST Contracting Officer will request, via email, a written technical proposal and business/price proposal from the ID/IQ Contract Holder/Contractor in accordance with the FAR Subpart 16.5 - Indefinite-Delivery Contracts.

H.2.6 The RFP for each TO will specify the pertinent Government Requirement’s and RFP instructions, such as the following:

· Due date for submission of the questions and proposals.

· Statement of Work (Background, Objectives, and Specific Tasking).

· Specifications for Deliverables.

· Period of Performance.

· Place of Performance.

· Government Furnished Information, if applicable.

· Government Furnished Property, if applicable.

H.2.7 The ID/IQ Contract Holder/Contractor shall provide a written technical proposal and business/price proposal based upon the established ID/IQ Contract Pricing, reduced by any additional discounts offered. In addition, the ID/IQ Contract Holder/Contractor shall provide the level of effort required to complete each TO, in addition to any other required submissions detailed in the RFP for the TO. The ID/IQ Contract Holder/Contractor shall respond to the RFP no later than the due date specified in the RFP.

H.2.8 CAR 1352.216-76 PLACEMENT OF ORDERS (APR 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: Designated Contracting Officer Designated Contracting Officer

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

H.2.9 The Government will evaluate the ID/IQ Contract Holder/Contractor’s written technical proposal and business/price proposal against the Government’s Requirements, Statement of Work and level of effort (if applicable) identified in the TO Level Statement of Work included in the RFP on the TO Level. The Government will evaluate the ID/IQ Contract Holder/Contractor’s written technical proposal and business/price proposal against the technical evaluation factors and basis for award included in the RFP on the TO Level. A TO will be issued if determined to be in the best interest of the Government.

H.3 ADVERTISING OF AWARD:

(a) The Contractor shall not refer to this award in commercial advertising, or similar promotions in such a manner as to state or to imply the product or services provided is endorsed, preferred, or is considered superior to other products or services by the Department of Commerce (DOC), National Institute of Standards and Technology (NIST). This includes advertising, or similar promotions in all forms or electronic, broadcast and print media.

(b) In addition, the Contractor is restricted from reproducing the image(s) of the DOC/NIST in any form of commercial advertising, or similar promotion. This includes images of official seals and buildings. The reproduction of official seals and the images of buildings is a matter controlled by regulation and Executive Order. Any proposed usage of such symbols must be brought to the attention of the Contracting Officer.

H.4 NOTICE REGARDING LATE DELIVERY/DELAYED PERFORMANCE:

(a) In the event the Contractor anticipates difficulty in meeting performance requirements, or when it anticipates difficulty in complying with any delivery schedule contained in individual task orders issued under the contract, or any date, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of the task order, the Contractor shall immediately notify the CO and the COR in writing, giving pertinent details, provided this data shall be informational only in character and that this provision shall not be construed as a waiver by the Government of any task order delivery schedule, or date or any rights or remedies provided by law under the contract.

(b) If the Contractor fails to respond in a timely manner to any portion of the task order requirements, delay will be attributed to the Contractor.

(c) If the Government delays performance of any task order issued under this contract, the period of performance and/or price may be revised upon mutual agreement between the Government and the Contractor.

H.5 PERSONNEL REQUIREMENTS

H.5.1 CAR 1352.237-75 KEY PERSONNEL (APR 2010)

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

Project Manager Name

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

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

H.6 SECTION 508 OF THE REHABILITATION ACT:

Section 508 of the Rehabilitation Act of 1973 (found at 29 U.S.C. 794d) requires access to and use of information by individuals with disabilities. A deliverable such as electronic reports (ex: PDF files) to be placed on the web (either on the agency's web server of the company's), video footage, or other electronic data such as CD- ROMs to be distributed, are subject to Section 508 guidelines. Simplified, this means that PDF files need to be formatted so that they are "readable" by assistive technology devices such as screen readers. Video footage must be closed captioned. CD-ROMs which contain HTML, PDF, or word processor files must be accessible.

H.7 CAR 1352.208-70 RESTRICTIONS ON PRINTING AND DUPLICATING (APR 2010)

(a) The contractor is authorized to duplicate or copy production units provided the requirement does not exceed 5,000 production units of any one page or 25,000 production units in the aggregate of multiple pages. Such pages may not exceed a maximum image size of 10-3/4 by 14-1/4 inches. A "production unit" is one sheet, size 8-1/2 x 11 inches (215 x 280 mm), one side only, and one color ink. Production unit requirements are outlined in the Government Printing and Binding Regulations.

(b) This clause does not preclude writing, editing, preparation of manuscript copy, or preparation of related illustrative material as a part of this contract, or administrative duplicating/copying (for example, necessary forms and instructional materials used by the contractor to respond to the terms of the contract).

(c) Costs associated with printing, duplicating, or copying in excess of the limits in paragraph (a) of this clause are unallowable without prior written approval of the Contracting Officer. If the contractor has reason to believe that any activity required in fulfillment of the contract will necessitate any printing or substantial duplicating or copying, it shall immediately provide written notice to the Contracting Officer and request approval prior to proceeding with the activity. Requests will be processed by the Contracting Officer in accordance with FAR 8.802. (d) The contractor shall include in each subcontract which may involve a requirement for any printing, duplicating, and copying in excess of the limits specified in paragraph of this clause, a provision substantially the same as this clause, including this paragraph (d).

H.8 1352.209-72 RESTRICTIONS AGAINST DISCLOSURE (APR 2010)

(a) The contractor agrees, in the performance of this contract, to keep the information furnished by the Government or acquired/developed by the contractor in performance of the contract and designated by the Contracting Officer or Contracting Officer’s Representative, in the strictest confidence. The contractor also agrees not to publish or otherwise divulge such information, in whole or in part, in any manner or form, nor to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the contractor’ s possession, to those employees needing such information to perform the work described herein, i.e., on a "need to know" basis. The contractor agrees to immediately notify the Contracting Officer in writing in the event that the contractor determines or has reason to suspect a breach of this requirement has occurred. (b) The contractor agrees that it will not disclose any information described in subsection (a) to any person unless prior written approval is obtained from the Contracting Officer. The contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

H.9 1352.209-73 COMPLIANCE WITH LAWS (APR 2010)

The contractor shall comply with all applicable laws, rules and regulations which deal with or relate to performance in accord with the terms of the contract.

H.10 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

(a) Purpose. The purpose of this clause is to ensure that the contractor and its subcontractors:

(1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work under this contract, and (2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract.

(b) Scope. The restrictions described herein shall apply to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest (hereinafter collectively referred to as "contractor") in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both.

(c) Warrant and Disclosure. The warrant and disclosure requirements of this paragraph apply with full force to both the contractor and all subcontractors. The contractor warrants that, to the best of the contractor’s knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the contractor has disclosed all relevant information regarding any actual or potential conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor’s impartiality because of the appearance or existence of bias or an unfair competitive advantage. Such disclosure shall include a description of the actions the contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest.

(d) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the contract for default, suspend or debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract.

(e) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and (g), in any subcontract or consultant agreement at any tier expected to exceed the simplified acquisition threshold. The terms "contract," "contractor," and "Contracting Officer" shall be appropriately modified to preserve the Government’s rights.

(f) Prime Contractor Responsibilities. The contractor shall obtain from its subcontractors or consultants the disclosure required in FAR Part 9.507-1,…