FormSF1449 (revised 8.19.26).pdf

RFQ IFB RFP

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODEFACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

17a CONTRACTOR/

OFFEROR.

CODE

8 (A)

SIZE STANDARD:

NAICS:

% FOR:SET ASIDE:UNRESTRICTED OR

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

10. THIS ACQUISITION IS

EDWOSB

SMALL BUSINESS PROGRAM

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

Attachment Page

PAGE 3 OF 23 1333ND26QNB030491

(I) This is a solicitation for commercial products or commercial services prepared in accordance with the format in part 12 - Acquisition of Commercial Products and Commercial Services as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

(II) The solicitation number is [1333ND26QNB030491] and this solicitation is a Request for

Quotation (RFQ). This acquisition is being solicited as full and open.

(III) The solicitation document and incorporated provisions and clauses are those in effect through

Federal Acquisition Circular (FAC) [2026-01] dated [3/13/2026], and the Revolutionary FAR

Overhaul (RFO), supplemented by Department of Commerce Acquisition Policy.

(IV) The associated North American Industry Classification System (NAICS) code for this procurement is NAICS # 334413– Semiconductor and Related Device Manufacturing, with a Small

Business Size Standard of 1,250 employees.

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

Contract Line Item Number

(CLIN)

QTY UNIT UNIT PRICE APPLICABLE

DISCOUNTS

TOTAL

CLIN 0001 – Glove box IAW

Attachment #1 Statement of

Requirement, inclusive of shipping/delivery, manual, training, and warranty, as applicable.

1 Each

CLIN 0002 – Vacuum Source IAW Attachment #1 Statement of Requirement, inclusive of shipping/delivery, manual, training, and warranty, as applicable.

CLIN 0003 – Power Supply IAW Attachment #1 Statement of Requirement, inclusive of shipping/delivery, CLIN 0004 – CO2 monitor IAW Attachment #1 Statement of Requirement, inclusive of shipping/delivery, DOUBLE-SIDED INERT ATMOSPHERE GLOVEBOX

PAGE 4 OF 23 1333ND26QNB030491

CLIN 0005 – Gloves IAW Attachment #1 Statement of Requirement, inclusive of shipping/delivery, manual, CLIN 0006 –Stand IAW Attachment #1 Statement of Requirement, inclusive of shipping/delivery, manual, TOTAL:

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

Requirement document.

Attachment #1: Statement of Requirement

Attachment #2: Applicable Provisions and Clauses

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

(VIII) Quoters/Contractors must possess an ACTIVE registration in the System for Award

Management system, www.SAM.gov, when submitting a quotation and shall continue to be registered until time of award, during performance, and through final payment of any contract resulting from this solicitation. The Contracting Officer shall confirm that quoters have an “active” registration at the www.sam.gov website upon receipt of the quotation. If the SAM.gov registration is not active, the quotation will not be considered for award

(IX) The provision at FAR 52.212-1, Instructions to Quoters—Commercial Products and Commercial

Services (DEVIATION Jan 2026), applies to this acquisition. See Addendum to FAR 52.212-1 below.

Addendum to FAR 52.212-1, Instructions to Quoters – Commercial Products and

Commercial Services (DEVIATION Jan 2026):

DUE DATE FOR QUOTATIONS

Quoters shall submit their electronic quotations, via email, so that NIST receives them not later than

9:00AM Eastern Time, 8/24/2026. E-mail quotations shall be submitted directly to the Contracting

Officer at Sadaf.Afkhami@nist.gov.

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

INQUIRIES:

Quoters must submit all questions concerning this solicitation in writing to the Contracting Officer, Sadaf Afkhami at Sadaf.Afkhami@nist.gov. Questions should be received no later than 9:00AM

Eastern Time, 8/13/2026. All responses to timely submitted questions, will be made in writing, PAGE 5 OF 23 1333ND26QNB030491 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 be deemed as the Government’s formal response and 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 and logically assembled. All pages of the quotation shall be appropriately numbered.

The quotation shall be clearly divided into the following distinct volumes:

Volume I – Technical Quotation

Volume II – Price Quotation

Volume III- Terms and Conditions

Volume I - Technical Quotation:

The quoter 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:

a) Technical description and/or product literature. Quoters shall include the manufacturer, make and model of the product, manufacturer sales literature, or other product literature that

CLEARLY DOCUMENTS that the quoted products meet or exceed all specifications outlined in the Statement of Requirement. The quoter is responsible for ensuring the submitted documentation clearly addresses all specifications and requirements.

b) Country of origin of all manufactured end products quoted.

c) If applicable, the quoter must provide evidence that the quoter is an authorized reseller of the manufacturer and is permitted to sell the item(s) in the quotation.

d) Confirmation of the quoter’s ability to meet the required delivery terms and delivery timelines.

e) Confirmation of the quoter’s ability to meet any applicable installation, training, and/or warranty requirements.

Volume II - Price Quotation:

The quoter shall submit one (1) copy of their entire quotation, electronically, via E-mail to the

Contracting Officer identified above. The price quotation shall address, at minimum, the following information.

a) The solicitation number

b) The name, phone number, and email address of the quoter's/contractor’s point of contact;

c) Unique Entity Identifier # for quoter's/contractor’s active SAM.Gov registration.

d) A firm fixed price for each required line item, including a unit price and total amount where applicable, and the aggregate quoted firm fixed price for the requirement. Where the

Government has identified a line item as requiring a Not to Exceed price, quoters shall comply with this.

e) Shipping and Delivery costs must be included in the quotation either as a separate line item or contained in the total price of the quote. The quotation shall include a total firm fixed price for the requirement that includes all shipping/delivery costs

PAGE 6 OF 23 1333ND26QNB030491

f) Any applicable discount terms.

Volume III – Terms and Conditions:

The quoter shall review the provision and clauses attachment and complete any required information as record via a separate volume response to this solicitation.

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 this solicitation. Contracting officers will rely on representations from offers based on provisions in the solicitation. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

Acceptance of Terms and Conditions:

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 a quoter 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 quoter’s FSS or GWAC contract, and the statement required above shall be included in the quotation.

FAR 52.212-2 Evaluation- Commercial Products and Commercial Services (DEVIATION

Jan 2026)

(a) Evaluation factors. The Government will award a contract resulting from this solicitation to the responsible quoter whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors will be used to evaluate offers:

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 12 of the Revolutionary FAR

Overhaul. 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:

Award shall be made to the responsible quoter whose quotation, conforming to the solicitation, is the lowest priced, technically acceptable quote.

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

PAGE 7 OF 23 1333ND26QNB030491

Evaluation Factors:

Technical Capability: No prototypes, demonstration models, used or refurbished instruments will be considered. Evaluation of technical capability shall be based on the information provided in the quotation. NIST will evaluate whether the quoter has demonstrated that its proposed equipment meets or exceeds all minimum requirements. Quotations that do not demonstrate the proposed equipment meets all requirements will not be considered further for award. If a quoter’s technical description and/or product literature does not indicate whether its proposed equipment meets a certain minimum requirement, NIST will determine that it does not meet the requirements.

Price: The proposed price will be evaluated. The evaluation will determine whether the proposed prices are reasonable in relation to the solicitation requirements. Prices must be entirely compatible with the technical portion of the quotation.

(b) Notice of award. A written notice of award or acceptance of an offer furnished to the successful quoter within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the

Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Glove box IAW Attachment #1 Statement of

Requirement, inclusive of shipping/delivery, manual, training, and warranty, as applicable.

1.00 EA

0002 Vacuum Source IAW Attachment #1 Statement of

0003 Power Supply IAW Attachment #1 Statement of

0004 CO2 monitor IAW Attachment #1 Statement of

0005 Gloves IAW Attachment #1 Statement of Requirement, inclusive of shipping/delivery, manual, training, and

0006 Stand IAW Attachment #1 Statement of Requirement, inclusive of shipping/delivery, manual, training, and

PAGE 8 OF 23 1333ND26QNB030491

Table of Contents

Attachment 1- Statement of Requirement

Attachment 2- Applicable Provisions and Clauses

PAGE 9 OF 23 1333ND26QNB030491

CLAUSES

Attachment 1- Statement of Requirement

PAGE 10 OF 23 1333ND26QNB030491

STATEMENT OF REQUIREMENT (Revised 8/19/26)

Title: Inert Atmosphere Glovebox

Lab: Material Measurement Laboratory/Chemical Sciences Division

I. BACKGROUND INFORMATION

Semiconductor manufacturing yield enhancement requires ongoing risk analysis of cleaning chemical purity wherein critical contaminants are already at levels difficult or impossible to detect, let alone identify and quantify.

Next-generation chips will require even purer materials and advanced metrological capabilities for the detection, identification, and quantification of impurities in semiconductor cleaning chemicals, necessitating a practical roadmap for assessing material purity commensurate with the needs of the next generation in semiconductor manufacturing.

The purification of water to ultrapure water (UPW) is a critical process in various semiconductor and research applications, where even trace amounts of contaminants at the parts-per-billion level (ppb, 10-9 moles per mole) can compromise the integrity of the water and affect downstream processes. High molecular weight organics (a particle precursor), metallic ions and native particles can all impact chip reliability and yield at these low concentrations.

Current laboratory grade ultrapure water sources using reverse osmosis, ion exchange, and ultrafiltration can readily obtain water purities with contaminants at the ppb level. However, the development of test materials requires significantly reduced contaminant concentrations of 10 to 100 parts-per-trillion (ppt, 10-12 moles per mole). Artifact-based standards require even further reduced contamination concentrations approaching the 10’s of parts-per-quadrillion (ppq, 10-15 moles per mole). The proposed method for producing this new grade of UPW, referred to as

UPW0, is to further purify UPW using sub-boiling distillation in a controlled environment (i.e., glove box). The sub-boiling distillation process greatly reduces contamination carryover, versus traditional distillation, while the glove box reduces interferences from ambient molecular and particulate contaminants.

Purpose: This glove box will be used to produce UPW0 in a controlled environment free from ambient molecular and particulate contamination.

II. SCOPE

The Contractor shall deliver a quantity of one (1) glove box.

III. MINIMUM REQUIREMENTS

The Contractor shall submit a firm fixed price quotation which offers a supply/system that meets all technical specifications identified below. All items must be new. Used or remanufactured equipment will not be considered for award. Experimental, prototype, or custom items will not be considered. The use of “gray market” components are not authorized for sale in the U.S. by the Contractor and is not acceptable. All line items shall be shipped in the original manufacturer’s packaging and include all original documentation and software, when

PAGE 11 OF 23 1333ND26QNB030491

Line Item 0001: Glove box

Description: Enclosure system to house a sub-boiling distiller with a minimum of gaseous (including CO2) and particulate contaminants.

Quantity: One (1)

A. Technical Specifications

a. Minimum of 4 feedthroughs for UPW feed and drain, and additional expansion.

b. 120 V AC power supply (4 or more port power strip or equivalent) and light inside the working chamber.

c. Capable of purging using a Fourier transform infrared (FTIR) purge gas generator – Parker

Spectra 15 or equivalent with < 1 ppm CO2, dew point ≤ -73 °C (-100 °F), maximum output pressure 620 kPa (90 psig).

d. Online CO2 monitor with ± 1 μmol mol-1 (ppm) resolution.

e. Automatic operation of atmosphere cycling, including purge and pressure adjustment.

f. 2 glove ports total (1 for each hand).

g. The glove ports should be on the same side.

h. The operator only needs to perform glovebox operations on one side (e.g., front) of the glove box.

i. 2 gloves for glove ports made of butyl rubber or better (lower gas permeability).

j. 120 V, 60 Hz AC power

k. Stand for glovebox with locking casters or equivalent.

l. Vacuum source.

m. Digital and/or hardcopy user manual for glove box

IV. DELIVERABLES

Deliverable Quantity Lead Time

Glove box One (1) System Ninety (90) calendar Days After Receipt of Order

Vacuum source One (1) Ninety (90) calendar Days After Receipt of Order

Power supply One (1) Ninety (90) calendar Days After Receipt of Order

CO2 monitor One (1) Ninety (90) calendar Days After Receipt of Order

Gloves One (1) Ninety (90) calendar Days After Receipt of Order

Stand One (1) Ninety (90) calendar Days After Receipt of Order

Digital and/or hardcopy user manual for glove box

One (1) Ninety (90) calendar Days After Receipt of Order

Warranty 12 months Commences after Government acceptance of the equipment

V. DELIVERY TERMS

Delivery shall be F.O.B Destination and shall occur in accordance with the delivery due dates provided in the deliverables table.

FOB Destination means: The contractor shall 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.

PAGE 12 OF 23 1333ND26QNB030491

Delivery shall occur during normal business hours, between 8:30am and 5:00pm Eastern Time, Monday through

Friday, except Federal Holidays and shall be made to:

National Institute of Standards and Technology

Shipping and Receiving

100 Bureau Drive, Building 301 (Receiving)

C/O TBD Building 221, Room A117

Gaithersburg, MD 20899

VI. INSPECTION & ACCEPTANCE

A visual inspection of the equipment will be performed by the NIST COR to identify surface defects or any form of indication that any equipment was damaged during transport to NIST. The Government shall have sole discretion to require repair or replacement of damaged and/or nonconforming supplies at no cost to the

Government. The Government at any time prior to acceptance shall reject the equipment due to defects and/or nonconformance. The vendor is responsible for latent defects discovered any time after final inspection. However, the extent of its liability shall be prorated over the useful life of the equipment.

Ownership of the equipment shall transfer to NIST upon acceptance by the Government.

Formal acceptance of the system shall be given at the time the Contractor successfully demonstrates that all performance specifications in this Statement of Requirement have been met including installation and training (if applicable). The NIST COR shall review all deliverables and determine if these criteria are met. The

Government will test, inspect, and accept or reject the equipment within fourteen (14) calendar days of the receipt of the equipment unless otherwise indicated above. The Government reserves the right to conduct quality assurance testing to confirm that a given instrument(s) meets the manufacturer’s and/or the Government’s performance specifications. It is anticipated that the equipment will meet all manufacturer’s specifications and/or the

Government’s performance specifications identified in the most recent operations and maintenance manual for each piece of equipment and/or in this document.

VII. WARRANTY

The contractor shall warranty the entire system for a period of a minimum of 12 months after acceptance of the equipment and shall be in accordance with terms in FAR 52.212-4. Warranty shall commence upon acceptance of the system by the Government and at a minimum shall include goods to be free from defects in workmanship and material. The warranty shall cover all parts, labor and travel.

VIII. PAYMENT SCHEDULE

Advanced Payment and Partial Payments shall not be authorized. The contractor may invoice in one lump sum after delivery and formal Government acceptance has occurred. Formal acceptance of the system shall be given at the time the Contractor successfully demonstrates that all performance specifications in this Statement of

Requirement have been met including installation and training (if applicable). The NIST COR shall review all deliverables and determine if these criteria are met.

NOTE: Partial shipments and partial invoices will not be accepted, unless otherwise requested and accepted by the Contracting Officer prior to award offer. Proposed payment schedules shall be submitted with vendor’s response to the RFQ for consideration.

Attachment 2- Applicable Provisions and Clauses

PAGE 13 OF 23 1333ND26QNB030491

PROVISIONS AND CLAUSES

52.252-1 Solicitation Provisions Incorporated by Reference.

SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

FAR Overhaul (DEVIATIONS JAN 2026): https://www.acquisition.gov/ far-overhaul/ far-part-deviation-guide

CAR: https:/ /www.ecfr.gov/current/title-48/chapter-13

PROVISIONS INCORPORATED BY REFERENCE:

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. (DEVIATION JAN 2026)

52.204-7 System For Award Management (DEVIATION JAN 2026)

52 .209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation (DEVIATION Jan 2026)

52.212-1 Instructions To Offerors--Commercia1 Products And Commercial Services (DEVIATION JAN

2026)

52.222-18 Certification Regarding Knowledge of Child Labor for Listed End Products (DEVIATION JAN

2026)

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):

FAR Overhaul (DEVIATIONS JAN 2026): https://www.acquisition.gov/ far-overhaul/ far-part-deviation-guide

CAR: https:/ /www.ecfr.gov/current/title-48/chapter-13

(End of clause)

CLAUSES INCORPORATED BY REFERENCE:

52.203-17 Contractor Employee Whistleblower Rights (Nov 2023)

52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements Qan 2017)

52.204-13 System For Award Management Maintenance (Deviation Jan 2026)

52.204-19 Incorporation By Reference Of Representations And Certifications (Dec 2014)

52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (DEVIATION JAN 2026)

52.219-6, Notice ofTota1 Small Business Set-Aside (Nov 2020)

52.219-28, Post-award Small Business Program Rerepresentation (DEVIATION JAN 2026)

52.222-3, Convict Labor Oun 2003)

PAGE 14 OF 23 1333ND26QNB030491

52.222-19, Child Labor-Cooperation with Authorities and Remedies (DEVIATION JAN 2026)

52.222-36, Equal Opportunity for Workers with Disabilities (DEVIATION JAN 2026)

52.222-50, Combating Trafficking in Persons (DEVIATION JAN 2026)

52.222-90 Addressing DEI Discrimination by Federal Contractors (DEVIATION JAN 2026)

52.223-23, Sustainable Products and Services (May 2024)

52.225-1, Buy American-Supplies (DEVIATION JAN 2026)

52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024)

52.232-29 Terms for Financing of Commercial Products and Commercial Services (Nov 2021)

52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018)

52.232-39 Unenforceability of Unauthorized Obligations QUNE 2013)

52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023)

52.233-3, Protest After Award (DEVIATION JAN 2026)

52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)

52.244-6 Subcontracts for Commercial Products and Commercial Services (DEVIATION JAN 2026)

1352.201-70 Contracting Officer Authority (APR 2010)

1352.209-73 Compliance with The Laws (APR 2010)

1352.209-74 Organizational Conflict of Interest (APR 2010)

Full Text Provision and Clauses:

FAR 52.212-4 TERMS AND CONDITIONS-COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES QANUARY 2026)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) Inspection/ Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

PAGE 15 OF 23 1333ND26QNB030491

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall-

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(6).

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31

U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable;

(D) Contractor point of contact; and

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(5) Interest.(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.

7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

PAGE 16 OF 23 1333ND26QNB030491

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if-

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting

Officer (see FAR part 32).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a termination for cause.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.

G) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon-

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

0) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the

Government any right to audit the Contractor's records. The Contractor shall not be paid for any work

PAGE 17 OF 23 1333ND26QNB030491

performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. In the event of termination for cause, the Government shall not be liable to the

Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the

Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered under this contract are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply witl1 31 U.S.C.

1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C.

chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.

(r) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/ services;

(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and

Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against me Government.

(ii) Neither the Government nor any Government-authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in me EULA, TOS, or similar legal instrument or agreement. If the

EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other

PAGE 18 OF 23 1333ND26QNB030491

comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the

Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (s)(l) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(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 part 4, longer period required by statute, or periods specified in 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 clause 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.

(u) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

52.217-9 Option to Extend the Term of the Contract. (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least days

30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 3 years.

52.225-2 BUY AMERICAN CERTIFICATE (DEVIATION JAN 2026)

(a)

(1) The Offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product and that each domestic end product listed in paragraph (c) of this provision contains a critical component.

(2) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select "no".

PAGE 19 OF 23 1333ND26QNB030491

(3) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

(4) The terms "commercially available off-the-shelf (COTS) item," "critical component," "domestic end product," "end product," and "foreign end product" are defined in the clause of this solicitation entitled "Buy

American-Supplies."

(b) Foreign End Products:

(b) [List as necessary]

(c) Domestic end products containing a critical component:

Line Item No.

[List as necessary]

(d) The Government will evaluate offers in accordance with the policies and procedures of part 25 of the

Federal Acquisition Regulation.

52.225-18 PLACE OF MANUFACTURE (DEVIATION JAN 2026)

(a) Definitions. As used in this provision-

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

(b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly-

(1) the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the

United States); or

(2) Outside the United States.

PAGE 20 OF 23 1333ND26QNB030491

1352.233-70 AGENCY PROTESTS (APR 2010)

(a) An agency protest may be filed with either: (1) the contracting officer, or (2) at a level above the contracting officer, with the appropriate 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:

ATTN: Sadaf Afkhami, CONTRACTING OFFICER

100 Bureau Drive, MS 1640

Gaithersburg, MD 20899

(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: ATTN: NIST PROTEST CONTROLLER

100 Bureau Drive, MS 1640

(d) A complete copy of all agency protests, 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, D.C. 20230.

FAX: (202) 482-5858

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

(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 Washington, D.C. 20230.

FAX: (202) 482-5858

1352.246-70 PLACE OF ACCEPTANCE (APR2010)

(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, PAGE 21 OF 23 1333ND26QNB030491

NIST LOCAL-53 CONTRACT PERFORMANCE DURING CHANGES IN NIST OPERATING

STATUS

All contractors performing work on active contracts at the U.S. Department of Commerce (DOC), National

Institute of Standards and Technology (NIST) campuses and/or working in NIST workspaces should go to the www.nist.gov website and under the "About NIST" tab click on "Visit". This site includes information about campus access and security information; identification requirements; parking information and more.

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

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

Contractor must call the appropriate NIST campus status line to verify the operating status:

Gaithersburg Campus Operating Status Llne:

(301) 975-8000

(800) 437-4385 x8000 (toll free)

Boulder Campus Operating Status Line:

(303) 497-4000

(303) 497-3000 option 2

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