1333ND26QNB190303 .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 66 1333ND26QNB190303

GENERAL SOLICIATION INFORMATION

1333ND26QNB190303

1. Type of Order: Firm-Fixed Price Purchase Order

2. Contractor’s Point of Contact:

Name: POC:

Phone Number:

Email:

3. Contracting Officer Point of Contact:

Name: Brandon Butler Phone Number: 303-497-3280 Email: brandon.butler@nist.gov

4. NIST Contracting Officer’s Representative (COR) if Applicable:

Name: Patrick Murphy Phone Number: 301-975-6959 Email: Patrick.Murphy@nist.gov

5. Designated Government Official (reference NIST SOP 01-14):

a. __ _ Technical POC/Administrative Officer

b. __ X__ COR/ACOR

c. ____ Contracting Officer

6. Additional Information:

The Government’s terms and conditions, identified herein, shall be the sole terms and conditions that shall govern this contract.

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 High-Flow Tracked Skid Steer Loader with 72 " Mulching

Head Attachment and Debris Mitigation Kit. Inclusive of warranties and service plan per the Item Specifications document.

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

BUILDING 301 SHIPPING AND RECEIVING

100 BUREAU DRIVE

GAITHERSBURG MD 20899-0001

1.00 EA

0002 Extended Warranty (60 month or 6,000 hours) -

OPTIONAL per the Items Specifications document.

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

BUILDING 301 SHIPPING AND RECEIVING

100 BUREAU DRIVE

GAITHERSBURG MD 20899-0001

1.00 EA

PAGE 4 OF 66 1333ND26QNB190303

Table of Contents

Item Specifications Document

Award Document

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017) 13

52.209-6PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, PROPOSED FOR DEBARMENT, OR VOLUNTARILY EXCLUDED (JAN 2025)

52.222-36EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020)

52.226-8ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (MAY 2024)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.232-40PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (MAR 2023)

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

1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

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

1352.237-71 SECURITY PROCESSING REQUIREMENTS - LOW RISK CONTRACTS (APR 2010)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

52.252-5AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

52.252-6AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

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

1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

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

NIST LOCAL-54ELECTRONIC BILLING INSTRUCTIONS

NIST LOCAL-56INVOICING PROCESSING PLATFORM-ALTERNATE I (DEC 2022)

RFO Provisions Deviations

RFO Clauses Deviations

Instructions and Evaluations Addendums

PAGE 5 OF 66 1333ND26QNB190303

CLAUSES

Item Specifications Document

PAGE 6 OF 66 1333ND26QNB190303

Item Specifications High-Flow Tracked Skid Steer Loader with 72-Inch Forestry

Mulching Head Attachment Background

NIST, OFPM, Grounds Services and Support provides service to the Gaithersburg campus in the form of general grounds services, which includes sports field maintenance, reforestation maintenance, extensive turf mowing, curb and sidewalk edging, pond maintenance, tree maintenance and removal, utility excavation and repair, snow removal, and ornamental bed maintenance. The Tracked Skid Steer Loader will be used for grounds maintenance tasks, such as sports field grading, utility excavation and restoration, woods area cleanup, tree removal, mulching, bulk material loading and spreading, snow removal, stump grinding, trenching, lawn restoration, and loading and unloading of trucks. The Tracked Skid Steer Loader will be replacing a 2002 skid steer that was excessed in 2024 due to age and mechanical breakdowns.

Objectives

Acquire a new Tracked Skid Steer Loader with a 72-Inch Heavy-Duty Forestry Mulching Head Attachment. Provide 3 years of manufacturer updates for computer and integrated systems.

Provide a two-year or 2,000-hour comprehensive warranty on the Tracked Skid Steer Loader, and a one-year warranty on the Forestry Mulching Head Attachment. The Tracked Skid Steer Loader and Forestry Mulching Head Attachment shall come complete with operator’s manuals and parts manuals. Delivery of the Tracked Skid Steer Loader and Forestry Mulching Head Attachment will include an initial operational demonstration and operator training by an authorized manufacturer representative.

Scope

Supply a new Tracked Skid Steer Loader with a 72-Inch Heavy-Duty Forestry Mulching Head Attachment. The Skid Steer Loader shall be track-driven and powered by a Tier 4 certified diesel engine with a minimum of 105 gross horsepower. The Tracked Skid Steer Loader must include 3 years of manufacturer software and system updates for computer and integrated systems, provided as they become available. Provide a two-year or 2,000-hour warranty on the Tracked Skid Steer Loader, and a one-year unlimited hour warranty on the Forestry Mulching Head Attachment. Provide an optional extended warranty of a 60-month, 6,000-hour comprehensive warranty for the Tracked Skid Steer Loader. The Tracked Skid Steer Loader and the Forestry Mulching Head Attachment must each include an operator’s manual and a parts manual.

Delivery of the equipment package will include an operational demonstration and operator training by an authorized manufacturer representative.

Item Specifications / Requirement

The quoter must provide a solution that meets or exceeds the following specifications:

Item 1 High-Flow Tracked Skid Steer Loader

Provide High-Flow Tracked Skid Steer Loader

PAGE 7 OF 66 1333ND26QNB190303

Provide English language operator’s manuals for the Skid Steer Loader

Provide English language parts manuals for the Skid Steer Loader

Powered by a Tier 4 certified diesel engine with a minimum of 105 horsepower

Integrated Telematics Hardware – includes an integrated cab wiring harness, antenna, and cell-based telematics modem for fleet management and remote diagnostics

Premium Cab & Performance Package – Premium Cab, A/C, 2-Speed Transmission, High-Flow Hydraulics, Ride Control, Power Quick-Tatch Coupler, Heated/Vented Suspension Seat, Deluxe LED Lights, Reversing Fan, Advanced Touchscreen Display, Radio with Microphone, Rear View Camera, Heavy-Duty Grille:

o Includes 2-speed transmission and ISO electronic-hydraulic (EH) joystick controls with integrated detents.

o EH Joystick Performance Package (Selectable propel speeds, creeper mode, boom/bucket speed adjustment, and integrated attachment controls).

o EH Boom Performance Package including adjustable joystick pods (EH self-leveling up/down, return-to-dig, return-to-carry, and boom-height-kickout features).

o Enclosed Cab equipped with Air Conditioning, Heat, and Defrost.

o High-back air suspension seat featuring heated and vented cloth upholstery, floor mat, and integrated footrest.

o Deluxe LED working lights.

o Programmable or automatic reversing fan to clear debris from the radiator grid.

o Advanced 8-inch touchscreen display featuring Attachment Manager Software (with preloaded attachments and the ability to input custom attachments and hydraulic specs) o Integrated on-board grade indication software.

o AM/FM Radio with Bluetooth capability for audio streaming and hands-free calling.

270-Degree Surround View Camera System; integration with the 8-inch touchscreen monitor to provide a 360-degree situational view when combined with the standard backup camera.

2-inch seat belt equipped with a shoulder harness.

Wide offset block-lug style rubber tracks – minimum 17.7-inch width, 5 track rollers per side, steel-embedded rubber construction.

Cold Start Package; includes an engine block heater and low-temperature/extreme-cold application hydraulic fluid.

Engine air pre-cleaner system.

Fire extinguisher bracket, securely mounted inside the cab on the right-hand side.

Severe-duty polycarbonate demolition door for cab front access.

PAGE 8 OF 66 1333ND26QNB190303

84-inch Heavy-Duty Tooth Bucket (minimum 21.0 cu ft capacity).

Rear counterweight kit (Triple Set), consisting of six stackable weights weighing approximately 86 lbs each.

1/2-inch hydraulic quick-couplers installed on the Skid Steer Loader matched to the requirements of the forestry mulching head.

Auxiliary high-flow hydraulic system.

14-pin auxiliary electrical control connector installed on the loader lift arms.

Vertical lift boom geometry.

Front cab access.

Swing-up/tilt cab design for maintenance accessibility.

Hydrostatic drivetrain.

Dual independent drive motors.

Direct sprocket-drive track system.

Minimum 9.8 inches of ground clearance.

Minimum 132-inch hinge pin height at full lift.

Minimum 106 inches of dump height clearance.

Minimum 29 inches of dump reach at full height.

Minimum 36-gallon fuel tank capacity.

Minimum 11,000 lbs tipping load rating.

Minimum 3,850 lbs rated operating capacity (at 35% of tipping load).

Minimum 8,500 lbf boom breakout force.

Minimum 13,750 lbf bucket breakout force.

Electro-hydraulic (EH) joystick loader controls.

Electro-hydraulic (EH) joystick steering controls.

Minimum hydraulic power equivalent to 89.9 hp.

Minimum high-flow hydraulic pump flow of 44 gallons per minute.

Minimum hydraulic system pressure of 3,500 psi.

Roof-mounted beacon warning and hazard lights.

Item 2 - 72-Inch Heavy-Duty Forestry Mulching Head Attachment Specifications:

Provide 72-Inch Heavy-Duty Forestry Mulching Head Attachment

Provide English language operator’s manuals for the Forestry Mulching Head Attachment

Provide English language parts manuals for the Forestry Mulching Head Attachment

Minimum 72-inch working cutting width.

Maximum 85-inch overall physical attachment width.

Rated structural capability to cut trees up to 8 inches in diameter.

PAGE 9 OF 66 1333ND26QNB190303

Rated capability to grind stumps down up to 12 inches in diameter.

Engineered to shred underbrush and heavy organic debris into fine, uniform mulch.

High-capacity smooth-profile drum rotor equipped with a minimum of 36 double-carbide-tipped teeth.

Two-speed hydraulic motor system that automatically shifts to a higher displacement when reaching specific working pressures, delivering elevated torque to prevent drum stalling and optimize rotor speed recovery time.

Cutting chamber interior equipped with internal counter-combs to shatter incoming wood material into a fine, uniform chips.

Minimum 2.5-inch heavy-duty sealed rotor bearings.

Three-position adjustable frame push-bar to safely topple standing trees away from the cab and protect the carrier vehicle.

Replaceable bolt-on wear/skid plates.

Mechanical pressure gauge mounted on the attachment frame, clearly visible to the operator inside the cab to monitor real-time hydraulic working pressure.

Item 3- Debris Mitigation Kit (Forestry Kit & Debris Mitigation Package):

Comprehensive protection package to include: Rear bumper reinforcement, FOPS Level II structural rating (ISO 3449), lift-arm hydraulic linkage hose guards, auxiliary hydraulic line quick-coupler guards, heavy-duty rear and side mesh screens, bottom chassis skid guards, front work-light guards, specialized debris seals, air pre-cleaner guard, external exhaust pipe cover/shield, telemetry antenna guard, door reinforcement clips, front wiper mechanism guard, and structural frame plugs for open track frame holes.

Complete installation of the Forestry/Debris Mitigation Kit prior to final delivery.

Complete installation of the Beacon Lights prior to final delivery.

Delivery

Delivery of the Tracked Skid Steer Loader and 72-Inch Forestry Mulching Head Attachment package to the NIST Campus.

The completed Tracked Skid Steer Loader and Forestry Mulching Head Attachment shall be delivered to NIST at:

100 Bureau Drive, Stop 1930, Building 309, Gaithersburg, MD 20899.

A formal notice of delivery must be provided to the Government a minimum of 5 business days prior to arrival. All shipping, transit, delivery, and training costs shall be included in the baseline purchase price of the equipment package.

The Point of Contact (POC) for Delivery is Mr. Patrick Murphy.

o Email Address: patrick.murphy@nist.gov o Phone Number: 301-975-6959

Initial Demonstration and Operator Training

PAGE 10 OF 66 1333ND26QNB190303

The Contractor shall, immediately upon delivery, provide a live initial operational demonstration of the Tracked Skid Steer Loader with the standard tooth bucket, along with an operational demonstration of the 72-Inch Forestry Mulching Head Attachment.

Formal hands-on operator training shall be delivered on-site within 10 business days of machine acceptance. The training must accommodate up to 6 operators and thoroughly cover the Tracked Skid Steer Loader operating features, safety systems, bucket use, and specialized high-flow operation with the 72-Inch Forestry Mulching Head Attachment.

Service Plan

The Contractor/Manufacturer shall perform the first factory-scheduled preventative maintenance service interval (by hours or 1-year duration, whichever comes first) on-site to verify proper machine operations and perform proactive diagnostic tracking.

The service package must include, but is not limited to: full fluid changes, air/fluid filter updates, complete system updates for integrated software, laboratory fluid sampling analysis for wear monitoring, and a comprehensive multi-point check of common mechanical wear items to eliminate equipment downtime.

All service work under this CLIN must be executed by an authorized factory representative on the NIST Gaithersburg campus.

Warranty

Provide a minimum two-year or 2,000-hour comprehensive bumper-to-bumper equipment warranty covering all parts and labor costs on the Tracked Skid Steer Loader.

Provide a minimum one-year unlimited-hour warranty on the 72-Inch Forestry Mulching Head Attachment.

All standard manufacturer warranties bundled within the baseline equipment purchase shall be transferred and fully accessible to the Government. Complete warranty certificates and registration documents must be handed over upon delivery.

Extended Warranty

Provide an optional pricing tier for an extended 60-month or 6,000-hour comprehensive extended powertrain, hydraulic, and structural warranty for the Tracked Skid Steer Loader.

Government-Furnished Property, Material, Equipment, or Information (GFP, GFM, GFE, or GFI)

None

Security

Delivery drivers and training personnel names must be submitted 24 hours before a delivery is made so that their names can be entered into the visitors’ registration system.

All delivery drivers and training personnel must have Photo I.D. (federally approved State issued driver's license, Federal ID, or original passport) and Vehicle Registration Card. All deliveries are to be made thru Gate – F located on Muddy Branch Road.

Training personnel may enter through Gate – A Visitors Center located on Bureau Drive.

PAGE 11 OF 66 1333ND26QNB190303

Deliveries will only be accepted between the hours of 6:00 am and 3:30 pm Monday thru Thursday. Any deliveries attempted after 3:30 pm will be turned away. No deliveries will be accepted on Friday, Saturday, Sunday, or on Federal Holidays. After entering the campus thru Gate – F delivery drivers will be instructed to proceed to building 309 where a member of the Grounds Service and Support shop will instruct them where to park for unloading and training.

Special Material Requirements

None

Award Document

PAGE 12 OF 66 1333ND26QNB190303

AWARD DOCUMENTS, EXHIBITS, AND/OR ATTACHMENTS

1. Solicitation Questions Quoters must submit all questions concerning this solicitation directly to the Contracting Officer Brandon Butler at brandon.butler@nist.gov. Questions should be received no later than (NLT) three (3) calendar days after the issuance date of this solicitation. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract.

2. Solicitation Response Quotes are due Friday, July 31, 2026, NLT 1PM ET. Quotes shall be submitted electronically via email to the Contracting Officer (CO), Brandon Butler at brandon.butler@nist.gov.

3. Marking All information submitted to the Contracting Officer or the Contracting Officer's Representative shall clearly indicate the Solicitation Number for which the information is being submitted.

4. Discrepancy in the Specifications In any case of discrepancy in the specifications, the matter shall be immediately submitted to the CO. The decision of the CO as to the proper interpretation of the specifications shall be final in accordance with the Disputes Clause of this Contract.

5. Compliance with Federal, State, and Local Codes The Contractor shall comply with all applicable Federal, State and Local laws, regulations and codes. The Contractor is responsible for determining which requirements are applicable and complying appropriately; the Contractor may ask advice of the CO or their designee in this regard. The Contractor shall ask the advice of the CO or their designee when such issues arise.

6. Attachments Item Specifications Document

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017) (Reference 52.203-19)

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, PROPOSED FOR DEBARMENT, OR VOLUNTARILY EXCLUDED (JAN 2025)

(Reference 52.209-6)

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020)

(Reference 52.222-36)

52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (MAY 2024) (Reference 52.226-8)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--SYSTEM FOR AWARD MANAGEMENT (OCT 2018) (Reference 52.232-33)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (MAR 2023) (Reference 52.232-40)

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

1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

(Reference 1352.209-73)

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

(Reference 1352.209-74)

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

(Reference 1352.233-71)

1352.237-71 SECURITY PROCESSING REQUIREMENTS - LOW RISK CONTRACTS (APR 2010)

(Reference 1352.237-71)

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-overhaul and https://www.acquisition.gov/car

(End of Clause)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any (48 CFR Chapter provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End Of Clause)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter

1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

PAGE 13 OF 66 1333ND26QNB190303

(b) The use in this solicitation or contract of any (48 CFR clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End Of Clause)

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

(a) Patrick Murphy 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:

Office: 301-975-6959 Cell: 301-452-2705 Fax: 301-975-8158 Email: Patrick.Murphy@NIST.gov

Phone Number:

Email:

(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.

(End of clause)

1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

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

(b) The place of acceptance will be:

100 Bureau Drive Stop 1930, Bldg 309 Gaithersburg, MD 20899

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

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

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

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

PAGE 14 OF 66 1333ND26QNB190303

Gaithersburg Campus Operating Status Line:

(301) 975-8000

(800) 437-4385 x8000 (toll free)

Boulder Campus Operating Status Line:

(303) 497-4000

(303) 497-3000 option 2

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

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

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

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

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

NIST LOCAL-54 ELECTRONIC BILLING INSTRUCTIONS

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

Each Invoice or Voucher submitted shall include the following:

(1) Contract number;

(2) Contractor name and address;

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

(4) Date of invoice;

(5) Invoice number;

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

(7) Contract Line Item Number (CLIN);

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

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

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

NIST LOCAL-56 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:

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

PAGE 15 OF 66 1333ND26QNB190303

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.

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RFO Provisions Deviations

PAGE 17 OF 66 1333ND26QNB190303

RFO FAR PROVISIONS (DEVIATIONS)

RFO FAR Provisions (Deviations)

52.204-7 System for Award Management—Registration (JAN 2026) (DEVIATION)

52.209-7 Information Regarding Responsibility Matters (JAN 2026) (Deviation)

52.212-1 Instructions to Offerors—Commercial Products and Commercial Services (JAN 2026) (Deviation)

52.212-2 Evaluation—Commercial Products and Commercial Services (JAN 2026) (Deviation)

52.217-5 Evaluation of Options (JAN 2026) (Deviation)

52.204-7 System for Award Management—Registration (JAN 2026) (DEVIATION)

The Offeror shall have an active Federal Government contracts registration in the System for Award Management (SAM) when submitting an offer or quotation in response to this solicitation and at the time of award. As part of the SAM registration process, the Government collects information, as described in paragraphs (b) through (d) of this provision, that is necessary to identify the Offeror and for the Offeror to be awarded Federal Government contracts. To register in SAM, go to https://www.sam.gov. Allow for processing time when registering in SAM. If the Offeror is not registered in SAM, it should register immediately after receiving this solicitation.

(a) Definitions. As used in this provision—

Commercial and Government Entity (CAGE) code has the meaning provided in the clause at the Federal Acquisition Regulation (FAR) 52.204-13, System for Award Management—Maintenance, of this solicitation.

Electronic Funds Transfer (EFT) indicator means a bank account identifier to establish additional System for Award Management records for identifying alternative EFT accounts (see part 32) for the same entity.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest-level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. There may be more than one immediate owner (e.g., joint ventures).

Predecessor means an entity whose assets were acquired by the offeror or another entity (most often through merger or acquisition) and whose affairs are now carried out by the offeror or the other entity under a new name.

Taxpayer identification number means the number required by the Internal Revenue Service (IRS) to be used by the offeror to report income tax and other returns. It may be either a Social Security Number or an Employer Identification Number.

PAGE 18 OF 66 1333ND26QNB190303

Unique entity identifier (UEI) has the meaning provided in the clause at FAR 52.204-13, System for Award Management—Maintenance, of this solicitation.

(b) Identifiers. The Offeror shall obtain and provide the following identifying information:

(1) Unique entity identifier (UEI).

(i) The Offeror shall obtain a UEI to register in SAM. The Government will independently validate the existence and uniqueness of the Offeror before assigning a UEI to the Offeror. Go to https://www.sam.gov for instructions on obtaining a UEI.

(ii) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the UEI that identifies the Offeror's name and address exactly as stated in the offer. The Offeror shall also enter its EFT indicator, if applicable.

(iii) The Contracting Officer will use the UEI to verify that the Offeror has an active Federal Government contracts registration in SAM.

(2) Taxpayer identification number (TIN).

(i) The Offeror shall provide its TIN or related information to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d); reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M; and implementing regulations issued by the IRS. The Offeror shall consent for TIN validation; and

(3) Commercial and Government Entity (CAGE) code.

(i) The Offeror shall provide a CAGE code and legal business name (Do not use a “doing business as” name) for—

(A) Itself;

(B) Its immediate owner(s), if any;

(C) Its highest-level owner, if any; and

(D) Any predecessor(s), or predecessor of an Offeror’s predecessor, that held a Federal contract or grant within the last three years.

(ii) If the Offeror is in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA CAGE Branch will assign a CAGE code to the Offeror as a part of the SAM registration process. For information on obtaining a CAGE code go to https://cage.dla.mil/.

(iii) The Offeror shall get from any immediate and/or highest-level owner(s) their respective CAGE code(s) to provide the code(s) as part of the registration (FAR 52.204-7(b)(3)(i)).

(iv) If the Offeror is located outside of the United States or its outlying areas, and does not already have a CAGE code assigned, the Offeror may obtain a CAGE code as indicated in the following table.

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If the Offeror is… Then…

Located in a country that is a member of the North Atlantic Treaty Organization (NATO) or a sponsored nation

Contact the appropriate National Codification Bureau (https://www.nato.int/structur/ac/135/about/contacts)

Located in a country that is not a member of NATO or a sponsored nation

Contact the NATO Support and Procurement Agency (NSPA) (https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx)

(c) Representations and certifications.

(1) The following FAR solicitation provisions contain entity-level representations and certifications that the Offeror shall submit as part of their Federal Government contracts registration in SAM:

Provision Title Date

52.204-5

Women-Owned Business (Other Than Small Business)

Oct

52.209-2

Prohibition on Contracting with Inverted Domestic Corporations— Representation

Nov

52.209-5

Certification Regarding Responsibility Matters

Aug

52.209-11

Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

Feb

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52.219-1 Small Business Program Representations Feb

52.219-1 Alt I

Small Business Program Representations, with its Alternate I Feb

52.219-1 Alt II

Small Business Program Representations, with its Alternate II

Mar

52.226-2

Historically Black College or University and Minority Institution Representation

Oct

(2) By submitting its offer, the Offeror verifies that, as of the date of its offer, its representations and certifications posted electronically in SAM for the provisions listed in paragraph (c)(1) of this provision are current, accurate, and complete. The Offeror’s representations and certifications in SAM are hereby incorporated by reference into its offer.

(d) Other information. The Offeror shall provide more information on its business operations and type that is necessary to be considered for award of certain contracts and financial information necessary to receive payment under contracts.

(End of provision)

52.209-7 Information Regarding Responsibility Matters (JAN 2026) (Deviation)

(a) Definitions. As used in this provision—

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

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Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror □ has □ does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in–

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of provision)

52.212-1 Instructions to Offerors—Commercial Products and Commercial Services (JAN 2026) (Deviation)

(a) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. As a minimum, offers shall include—

(1) The solicitation number;

(2) The name, address, telephone number of the Offeror;

(3) The Offeror’s Unique Entity Identifier (UEI) and, if applicable, Electronic Funds Transfer (EFT) indicator;

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(4) Information necessary to evaluate the factors contained in the provision at 52.212-2 or as described in the solicitation;

(5) Responses to provisions that require Offeror completion of information, representations, and certifications (other than those collected via the System for Award Management (SAM)); and

(6) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and any solicitation amendments.

(b) Period for acceptance of offers. The Offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(c) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers and any modifications or revisions to the Government office designated in the solicitation by the time specified in the solicitation.

(2) Any offer, modification, or revision received after the time specified for receipt of offers is “late” and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition. However, a late modification of an otherwise successful offer that makes its terms more favorable to the Government will be considered at any time it is received and may be accepted.

(3) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(4) Offerors may withdraw their offers by written notice to the Government received at any time before award.

(d) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with Offerors. Therefore, the Offeror’s initial offer should contain the Offeror’s best terms. However, the Government reserves the right to conduct discussions, if necessary. The Government may reject any or all offers if such action is in the public interest, accept other than the lowest offer, and waive informalities and minor irregularities in offers received.

(e) Debriefings. If a postaward debriefing is given to requesting Offerors, the Government will disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed Offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful Offeror and the debriefed Offeror and past performance information on the debriefed Offeror.

(3) The overall ranking of all Offerors when any ranking was developed by the agency during source selection.

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(4) A summary of the rationale for award.

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful Offeror.

(6) Reasonable responses to relevant questions posed by the debriefed Offeror as to whether the agency followed source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities.

(End of provision)

52.212-2 Evaluation—Commercial Products and Commercial Services (JAN 2026) (Deviation)

(a) Evaluation factors. The Government will award a contract resulting from this solicitation to the lowest priced technically acceptable quoter. The following factors will be used to evaluate offers:

• See addendum to FAR 52.212-2 Evaluations

(b) Options (if applicable). The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. The evaluation of options does not obligate the Government to exercise the option(s).

(c) Notice of award. A written notice of award or acceptance of an offer furnished to the successful Offeror 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)

52.217-5 Evaluation of Options (JAN 2026) (Deviation)

Except when it is determined in accordance with FAR 17.202(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of provision)

52.240-90 Security Prohibitions and Exclusions Representations and Certifications (JAN 2026) (Deviation)

(a) Definitions. As used in this provision-—

Backhaul, covered article, covered telecommunications equipment or services, critical technology, FASCSA order, Intelligence community, interconnection arrangements, national security system, roaming, sensitive compartmented information, sensitive compartmented information system, source, PAGE 24 OF 66 1333ND26QNB190303 and substantial or essential component have the meanings provided in the clause 52.240-91, Security Prohibitions and Exclusions.

Business operations means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.

Marginalized populations of Sudan means—

(1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act (Pub. L. 109-344) (50 U.S.C. 1701 note); and

(2) Marginalized areas in Northern Sudan described in section 4(9) of such Act.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted under specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

(b) Procedures.

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(1) Covered telecommunications and video surveillance. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”

(2) FASCSA Orders.

(i) The Offeror shall search in SAM for the phrase “FASCSA order” for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph…