1333ND26QNB190395 Liquid Helium FY26 NIST Boulder CO.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 123 1333ND26QNB190395

GENERAL AWARD INFORMATION

1. Contract Type: Firm-Fixed-Price (FFP)

2. Contractor’s Point of Contact:

Name: ___________________________________ Phone: __________________________________ Email: ___________________________________

3. Designated Government Official:

_XX____ Contracting Officer _______ Contracting Officer’s Representative (COR) Name: To Be Determined at Award Phone: To Be Determined at Award Email: To Be Determined at Award

_______ Other, Alternate Contracting Officer Representative (ACOR):

4. The contractor shall submit invoices to invoice@nist.gov.

5. Additional Information:

Invoices shall require Contracting Officer approval for payment.

PAGE 4 OF 123 1333ND26QNB190395

ADDENDUM TO FAR 52.212-1 1 Instructions to Offerors—Commercial Products and Commercial Services (DEVIATION January 2026)

Instructions, Conditions, Notices to Offerors

Proposal Submission, Pre-Proposal Site Visit and Questions and Answer Requirements:

a. Factor 1 - Technical Approach:

Submittal Requirement: The offeror shall submit a Plan of Approach (use diagrams, tables, etc., when appropriate) describing the Offeror’s approach to accomplishing the requirements of the solicitation. The technical approach shall include a clear approach to completing aspect of work, means/methods of accomplishing tasks to be performed, material data/information specific to replacement item(s), details specific to support the offeror’s proposed schedules, quality control and safety process(es), Communications diagram, and a complete listing of anticipated subcontractors by discipline.

(a) The plan of approach shall not exceed 2 single-sided pages (8.5” x 11”) in length using no smaller than 11-point font. *Please note, material data / information cut sheets do not count toward the 3-page limit.

(b) The plan of approach shall also include the offeror’s approach to quality control and safety.

b. Factor 2 – Past Performance The past performance evaluation will assess the relative risks associated with an Offeror’s likelihood of success in fulfilling the solicitation’s requirements as indicated by the Offeror’s record of past performance. In this context, “offeror” refers to the prime contractor. Present and past performance shall be evaluated as a measure of the Government’s confidence in the Offeror’s ability to successfully perform based on previous and current contract efforts.

The Offeror shall submit a complete Past Performance Questionnaire (PPQ) for a minimum of one (1) and up to three (3) recent and relevant projects.

c. Factor 3 - Price:

Submittal Requirements: The Offeror shall submit a complete price proposal. Price proposals shall include the information identified below:

(a) Offer shall complete and submit Pages 1 through 4 of the

Solicitation, Standard Form (SF) 1449. Complete Blocks 17, 19 through 24 (continuation, page 4), and 30 with signature. An official having the authority to contractually bind the Offeror's company must sign the SF 1449.

(b) Return a completed, Representations and Certifications included in the solicitation.

(c) Complete and submit Price Proposal identifying lump sum price provided on Page 4 of the Solicitation.

(d) In addition to the lump sum pricing, a detailed cost breakdown for

ALL CLINs is also required. Details should be sufficient to

PAGE 5 OF 123 1333ND26QNB190395

identify each offeror’s major disciplines of work, labor, materials, bonding/insurance, profit, overhead. Profit and overhead details must be listed separately.

1. The Government shall not be liable for any costs incurred by the offeror attending the site visit or submitting a proposal in response to this solicitation.

2. In the event there are any inconsistencies between the requirements and the SOW, the contractor shall bring these to the attention of the contracting officer not later than the questions deadline, item #3.

3. Any questions related to this solicitation must be received by the POC listed in Block 8 of the SF 1449 no later than 3:00 PM (MT) / 4 AUG 2026.

4. All requests for clarifications, inquiries, questions, and bids concerning this solicitation shall be submitted in writing via e-mail to shawn.borisow@nist.gov

PAGE 6 OF 123 1333ND26QNB190395

ADDEMDUM TO 52.212-2 Evaluation—Commercial Products and Commercial Services (DEVIATION January 2026)

EVALUATION FACTORS FOR AWARD

1. BASIS FOR AWARD:

a. The Contracting Officer intends to award a Firm Fixed-Price (FFP) contract to the responsible Offeror whose proposal the Contracting Officer determines represents the best value, price and other factors considered.

2. EVALUATION

a. Relative Importance of Evaluation Factors:

i. The evaluation factors include: Factor 1 – Technical Approach, Factor 2 – Past Performance, Factor 3 – Price. The non-price factors are Factors 1, and 2. Factors 1, and 2 are relatively equal, and when combined more important than Factor 3. All non-price factors (1 and 2) when combined are more importance than Factor 3 (price factor)

ii. The Contracting Officer intends to award a contract to the Offeror whose proposal they determine represents a technically acceptable and fair and reasonable price to the government. The Contracting Officer reserves the right to make no award.

b. Factor 1 – Technical Approach Evaluation of this factor is a subjective evaluation of the Offeror’s understanding of the solicitation requirements (clauses, provisions, and the SOWs) and demonstrates ability to meet contract requirements and SOWs based on the offeror’s proposed technical approach. A technical proposal that demonstrates a thorough understanding of all solicitation and project requirements will be rated higher than a proposal that does not clearly detail an approach, does not adequately address all aspects of the solicitation and project, and/or does not demonstrate the offeror’s technical capability to perform the work. Offerors must demonstrate the ability to mobilize and commence work within the performance period. This may include evidence of current operations, personnel availability, or other resources sufficient to perform the work in the project location. Additionally, if the Contracting Officer determines a technical proposal is primarily a copy and paste version of a SOW and solicitation requirements it may be removed from any further consideration for award.

c. Factor 2 – Past Performance Evaluation of this factor is a subjective evaluation and will assess the relative risks associated with an Offeror’s likelihood of success in fulfilling the solicitation requirements as indicated by the Offeror’s record of past performance. In the absence of past performance the Offeror shall be rated as neutral in rating.

d. Factor 4 – Price Price will be evaluated based on the total price. The Government has requested, and shall evaluate, each Offeror’s detailed cost breakdown to determine the reasonableness and completeness of the price proposals.

The Government will not conduct price realism as a part of price

PAGE 7 OF 123 1333ND26QNB190395

evaluation. One or more of the following techniques will be used to ensure a fair and reasonable price:

i. Comparison of proposed prices/costs received in response to the solicitation.

ii. Comparison of proposed prices/costs with the Independent Government

Estimate.

iii. Comparison of proposed prices/costs with available historical information.

e. ADJECTIVAL RATINGS The following adjectival ratings will be used to evaluate timely received Offerors submissions in response to this solicitation:

Adjectival Rating Description

Excellent (E) Proposal meets requirements and indicates an exceptional approach and understanding of the requirements.

Good (G)

Proposal meets requirements and indicates a thorough approach and understanding of the requirements. Proposal contains strengths which outweigh any weaknesses. The quote includes strengths that will benefit the Government.

And identified weakness has little potential to cause disruption of schedule or degradation of performance. Risk of unsuccessful performance is low.

Satisfactory (S)

Proposal meets requirements and indicates an adequate approach and understanding of the requirements. Strengths and weaknesses are offsetting or will have little or no impact on contract performance. The proposal has no deficiencies but may include some weaknesses that can potentially cause disruption of schedules or degradation of performance. Risk of unsuccessful performance is no worse than moderate.

Marginal (M)

Proposal has not demonstrated an adequate approach and understanding of the requirements. The proposal has one or more weaknesses which are not offset by strengths. The proposal has some weakness the will likely cause disruption of schedules or degradation of performance.

Risk of unsuccessful performance is high.

Unacceptable (U)

Proposal does not meet requirements. Weaknesses may outweigh strengths or quote contains one or more deficiencies. The proposal presents an unacceptable risk and cannot meet the requirements without revisions.

Proposal is unawardable.

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

LIQUID HELIUM

0001 Provide the necessary personnel, material, equipment, services, and facilities to supply Liquid Helium (LHe) in 100- and 250-liter contractor-owned dewars, on an as-needed basis for the NIST Boulder campus, in accordance with the attached Statement of Work (SOW).

Provide the unit prices for Liquid Helium:

100-Liter dewars: $_____________________ (The estimated 12-month usage of 100-liters is 30.)

250-Liter dewars: $_____________________ (The estimated 12-month usage of 250-liters is 20.)

Description / Size / Min. Purity / Standard Delivery Time (calendar days)

Liquid Helium, 100-Liter 99.998 _______________

Liquid Helium, 250-Liter 99.998 _______________

Period of Performance: 10/01/2026 to 09/30/2027

1.00 LS

PAGE 8 OF 123 1333ND26QNB190395

Table of Contents

Statement of Work

52.203-17CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS (NOV 2023)

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS--REPRESENTATION (JAN 2017)

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

52.204-7System for Award ManagementRegistration

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

52.204-13System for Award ManagementMaintenance

52.204-19INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

52.209-10Prohibition on Contracting With Inverted

52.209-6Protecting the Governments Interest When S

52.212-1Instructions to OfferorsCommercial Product

52.212-2EvaluationCommercial Products and Commerci

52.212-4Terms and ConditionsCommercial Products an

52.219-28Postaward Small Business Program Rerepres

52.219-6Notice of Total Small Business Set-Aside

52.222-3 CONVICT LABOR (JUN 2003)

52.222-18CERTIFICATION REGARDING KNOWLEDGE OF CHILD LABOR FOR LISTED END PRODUCTS (FEB 2021)

52.222-41 SERVICE CONTRACT LABOR STANDARDS (AUG 2018)

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)

52.222-50 Combating Trafficking in Persons DEVIATI

52.222-54Employment Eligibility Verification

52.222-55MINIMUM WAGES FOR CONTRACTOR WORKERS UNDER EXECUTIVE ORDER 14026. (JAN 2022)

52.222-62PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2022)

52.222-90 Addressing DEI Discrimination by Federal

52.223-2Reporting of Biobased Products Under Servi

52.233-3Protest after Award

52.223-4RECOVERED MATERIAL CERTIFICATION (MAY 2008)

52.223-9ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-DESIGNATED ITEMS (MAY 2008)

52.223-23SUSTAINABLE PRODUCTS AND SERVICES (MAY 2024)

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

52.227-1AUTHORIZATION AND CONSENT (JUN 2020)

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)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

52.240-90Security Prohibitions and Exclusions Repr

52.240-91Security Prohibitions and Exclusions

52.244-6Subcontracts for Commercial Products and C

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

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

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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)

1352.233-70 AGENCY PROTESTS (APR 2010)

1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

1352.270-70 PERIOD OF PERFORMANCE (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)

PAGE 9 OF 123 1333ND26QNB190395

Table of Contents

01 NIST Boulder Requirements

02 PPQ Performance

PAGE 10 OF 123 1333ND26QNB190395

CLAUSES

Statement of Work

PAGE 11 OF 123 1333ND26QNB190395

1 | P a g e

STATEMENT OF WORK

Title: LIQUID HELIUM DELIVERY

I. BACKGROUND INFORMATION

Liquid helium (LHe) is used for cryogenic applications across the National Institute of Standards and Technology (NIST) (including standards development and dissemination, initiatives, Innovations in Measurement Science (IMS) projects, and other agency projects). LHe has several unique properties, including an extremely low boiling point and its non-reactivity, so it cannot be replaced by other gases easily.

Helium is a non-renewable resource that is only found naturally in some natural gas deposits.

Therefore, the LHe supply is limited, both in quantity and location. LHe is volatile and must be used within a narrow window of time from delivery, typically within one to two weeks before significant loss of product.

II. PURPOSE

The Contractor shall furnish the necessary personnel, material, equipment, services, and facilities to supply LHe in 100, and 250-liter contractor-owned dewars, on an as-needed basis.

PLACE OF PERFORMANCE

LHe orders shall be delivered to NIST’s central drop off sites. Empty dewars shall be picked up at the same facility. The Contractor shall deliver to and pick-up from the central drop of sites located at, 325 Broadway, Boulder, CO.

The following designated delivery areas are established:

• Drop off/Pick up location 1: Bldg. 1 Wing 2

• Drop off/Pick up location 2: Bldg. 1 Wing 3

• Drop off/Pick up location 3: Bldg. 1 Wing 6

• Drop off/Pick up location 4: Bldg. 2/81 Dock

• Drop off/Pick up location 5: Bldg. 2 Annex

• Drop off/Pick up location 6: Bldg. 24

• Drop off/Pick up location 7: Bldg. 12

• Drop off/Pick up location 8: Bldg. 5

Regular Business Hours Regular business hours are Monday through Friday, Mountain Time, excluding Federal holidays and NIST closures.

PERIOD OF PERFORMANCE

The Period of Performance will be 12 Months from 1 October to 30 September.

III. SPECIFIC REQUIREMENTS

1. LIQUID HELIUM PURITY

Purity of the LHe shall be a minimum of 99.998%;

2. DEWAR USAGE CHARGES

PAGE 12 OF 123 1333ND26QNB190395

2 | P a g e

The Contractor shall deliver the actual number of dewars ordered in the 100 L, and 250 L. The Government shall pay the Contractor a flat monthly fee for unlimited use of dewars.

To the maximum extent practicable, the Government will return the dewars to the Contractor within 30 days from the date of delivery.

3. DEWAR REQUIREMENTS

3.1 Dewars shall have no icing or frost caused by dewar malfunction on them at delivery;

3.2 All valves shall open and close easily and seal completely;

3.3 Over-pressure valves and road relief valves shall be fitted and operate at the manufacturer-recommended nominal pressures;

3.4 Dewars shall have a working pressure gauge;

3.5 Dewars shall be delivered with an over-pressure valve in the open position, to avoid an unsafe buildup of large pressure;

3.6 Dewars shall have mechanical movement (wheels and travel) that is smooth and uninterrupted;

3.7 Dewars shall include all seals & fittings. All seals in the dewar and fittings shall be in good condition and create a complete seal, i.e. no cracks in the seals; These compression fittings shall be supplied with Teflon O-rings.

3.9 All dewars shall be provided with nominal liquid level to volume calibration charts. These charts must be legible. This chart is for the convenience of the end-user and is not used for weight determination of delivered product;

3.10 Dewars shall be provided with eye hooks along the supports for the top O-ring (halo ring).

Dewars shall provide 2 or 3 eye hooks, whichever is applicable to the dewar’s manufacture.

Welds shall be solid or bolts shall be tight, whichever is relevant to the particular dewar. The Contractor shall not be held liable for any damage resulting from use of these eye hooks for lifting the dewar. The liability for lifting dewars by these eye hooks shall rest with NIST;

3.11 All dewars shall have a maximum helium loss rate per day of the following:

100 L dewar – less than 2 percent per day; and 250 L dewar – less than 2 percent per day.

3.12 Dewars shall be delivered with a minimum volume in accordance with the following:

A 100 L dewar shall have no less than 85 L; and A 250 L dewar shall have no less than 237 L.

3.13 All 100-liter dewars shall be supplied with a 2.5-inch Ladish flange, or equivalent. This flange is called a 2.5-inch flange though its outside diameter is 3.068 inches. The flange must work when the NIST scientists clamp their equipment onto the dewar flange using the dewar’s clamp. The flange on the NIST equipment is a 2.5-inch Ladish flange. When connected, the seal is helium leak-tight and capable of holding an internal pressure of 5 psi;

3.14 All dewars shall be supplied with permanently attached wheels;

PAGE 13 OF 123 1333ND26QNB190395

3 | P a g e

3.15 The Contractor shall deliver each dewar with a status ticket attached. The ticket must be cardboard, have perforated tabs, and be preprinted Full/In Use/Empty. This ticket shall be utilized internally by the NIST end-user, in the lab environment, to indicate the usage status of the dewar;

3.16 Dewars shall be of non-magnetic construction;

3.17 Tare weights shall be indicated on dewars;

3.18 Dewars which are returned due to defects must have the noted defect repaired before return to service at NIST;

3.19 If contamination is discovered in the bottom of the dewar, the Government shall notify the Contractor in accordance with Section 5 of the statement of work. The Contractor shall clean the dewar to alleviate this problem within a period not-to-exceed 30 days;

3.20 The Contractor shall replace any dewar not meeting the requirements herein at no additional charge to the Government. This includes charges for LHe, and delivery.

The replacement shall be provided on the next day, or on an alternate date as approved by the end-user. Delivery other than the next day must be approved, in advance, by the end-user.

Communication with respect to an alternate delivery day will be made by NIST authorized personnel. The Contractor shall not contact the end-user directly.

3.21 If the dewar or its contents present a safety hazard to NIST personnel or property, the Contractor, upon notification by NIST, shall take action to remove or mitigate the hazard in a timeframe appropriate to the hazard identified.

3.22 The Contractor shall provide Teflon O-ring fittings on all dewars. The Contractor shall utilize ½” Teflon O-rings on all dewars and ½” and 3/4” Teflon O-rings for 250-liter dewars.

4. SPECIALTY DEWARS

The Contractor shall have the capability to supply specialty dewars. These dewars are only needed on occasion. Specialty dewars shall be tagged with the end-user’s name prior to delivery. The end-user’s name shall be provided to the Contractor when the order is placed. To the maximum extent practicable, NIST shall provide the contractor a one (1) week advance notice when ordering these dewars, however, no additional charge shall apply if a one-week notice cannot be provided;

4.1 Wide mouth, 100-liter dewars. These dewars shall have a minimum opening of 2 inches to allow the use of cryogenic inserts.

4.2 Purged 100-liter dewars. These dewars shall be thoroughly purged with clean helium gas to remove all contaminants (i.e. water and air) that may have accumulated inside the dewar prior to filling with LHe.

5. NON-CONFORMANCE WITH SPECIFICATION & IDENTIFICATION OF DEWAR

MALFUNCTION

The Contractor shall utilize the NIST-supplied defective dewar tagging system by which end-users can:

PAGE 14 OF 123 1333ND26QNB190395

4 | P a g e

(1) Identify dewar malfunctions and any dewar issues that do not conform to the requirements of Section 3;

(2) Report the dewar malfunctions and issues to the Contractor; and

(3) Return the dewar to the Contractor.

Non-conformance with specification or dewar malfunction does not necessarily imply that the dewar could not be used or that it must be replaced immediately as a defective dewar. The dewar in question must have the noted condition rectified before it is returned to NIST.

Use of this tag shall initiate the return process. The defective dewar tag is adhesive-backed and will be affixed by the end user to the top surface of the dewar. The end user does not have any further obligation in the return or return authorization process. NIST does not have any further obligation in the return or return authorization process. The Contractor shall be 100% responsible for the return authorization and the return. Follow-up information regarding returned dewars shall be provided by the Contractor to the Contracting Officer’s Representative (COR) and the Contract Specialist, not the end user reporting the problem.

Dewar problems shall be documented by NIST Authorized Personnel, and communicated to the COR and the Contract Specialist as problems are identified.

6. RECORDS OF DEWAR SERVICE

Records of dewar servicing shall be maintained and shall be made available to the COR, the NIST Contracting Officer or other contracting personnel upon request. Service records may be requested in the event a single dewar has repeated malfunctions.

7. REGULAR DELIVERY SCHEDULE

NIST will order LHe one time per week, with delivery occurring one time per week. NIST will provide a week lead time for Wednesday deliveries. The schedule shall be to place orders before Wednesday with the delivery within 14 calendar days. Orders shall be placed thru the vendors ONLINE ordering account, by authorized NIST personnel or Acquisition Management personnel, not later than 5:00 PM Tuesdays Mountain Time.

Deliveries shall be completed not earlier than 7:00 AM and not later than 3:30 PM Mountain Time. NIST prefers those deliveries be completed between 9:00 AM and 11:30 AM Mountain Time unless the Contractor is otherwise advised by the COR, Contracting Officer in Acquisition Management Division (AMD)

Delivery terms shall be FOB DESTINATION for all deliveries.

If NIST is scheduled for closure for any reason on order or delivery days, the following schedule shall apply. Scheduled closures include Federal holidays.

If the closed date falls on an order date, then the order will be placed on the first business day prior to the normal order date.

If the closed date falls on a delivery date, then the delivery will be scheduled for the first business day following the normal delivery date.

If NIST is closed due to national emergency, inclement weather or for any other unscheduled closure on order or delivery days, ordering or delivery shall occur on the

PAGE 15 OF 123 1333ND26QNB190395

5 | P a g e following business day. The Contractor may call the NIST status line at 303-497-4000 to determine whether NIST is open for deliveries. This status line can be expected to be updated starting at 6 AM on any given regular business day.

To the maximum extent practicable, pick-up of empty dewars shall be coordinated with deliveries, however, the Contractor may pick-up at an alternate date. The Contractor’s delayed pick-up shall not be a basis for rental charges being incurred by the Government.

8. EMERGENCY DELIVERIES

8.1 The Contractor must have the capability to provide emergency deliveries of LHe on days and times other than under the regular delivery schedule discussed in Section 7.

An emergency delivery results when an order is placed, and the contractor is notified by the COR or other authorized representative of the government by email and phone notification.

8.2 Orders for emergency deliveries shall be placed by NIST authorized ordering representatives during normal business hours.

Emergency deliveries are expected preferably within 7 calendar days from the day of the request, unless otherwise directed by the Government.

The procedures and delivery requirements for emergency deliveries are the same as for regular deliveries except that the delivery is not for a regularly scheduled delivery day and access to the campus would have to be granted through the NIST visitor Cnter if the delivery day falls on a weekend or holiday.

8.3 The Contractor’s fee schedule shall include a flat fee for Emergency delivery as appropriate. The fee is per delivery and not per dewar.

This fee shall be structured for the base period and all option periods.

9. INSPECTION AND ACCEPTANCE

Weight measurement shall be performed at NIST, by Contractor personnel, at the NIST dock. NIST delivery personnel shall witness the weight measurement and document the total weight and tare weight. The liquid helium product weight (total-tare) shall ve the LHe volume that will be paid by NIST. The product weight will be provided to the Contractor’s personnel for use by the Contractor when invoicing. NIST will not accept a weight determination from the Contractor’s site.

10. CONFIRMATION OF SERVICE DURING PRODUCT SHORTAGE PERIOD

The Contractor shall maintain procedures to continue service to NIST in the event of a product shortage. All shortages and any potential impact to price must be communicated to the Contract Specialist and the COR, via e-mail or other written form, not later than 24 hours after the shortage is identified.

PAGE 16 OF 123 1333ND26QNB190395

6 | P a g e

Daily updates shall be provided to the Contract Specialist and COR via e-mail or telephone.

In accordance with Bureau of Land Management In-Kind Crude Helium Sales Contracts, the Contractor is required to provide priority service to the Government at all times over non-Government requirements. Such priority requirements of the Government or occasions of force majeure may cause delay or deferral of shipment of any refined helium deliveries by the Supplier for non-Government requirements.

11. SECURITY REQUIREMENTS

The Contractor shall maintain a current list of drivers to the NIST COR.

During regular business hours, delivery drivers shall produce current, valid photo identification.

12. PROOF OF DELIVERY

A delivery ticket shall be provided with every delivery. The delivery ticket shall include, at a minimum:

-Contract Number;

-Delivery ticket number;

-Number of dewars by size and serial number of each dewar;

-Date of delivery.

The Government will document the total weight on the delivery ticket after all weight determinations are complete.

13. SEMI-ANNUAL MEETINGS

The Contractor’s performance shall be monitored by the COR and the Contract Specialist. Compliance and non-compliance with specifications shall be documented. It is the Government’s intent to work with the Contractor to achieve 100% problem-free performance.

The COR and the Contract Specialist will meet with the Contractor on a semi-annual basis at a minimum to review documentation of dewar malfunctions and documented occurrences of dewars not meeting the specifications required in Section 3. This forum shall provide the Contractor an opportunity to discuss and/or dispute any documentation presented by the Government for that performance period. These meetings may be expanded to include the NIST user community to allow the Contractor an opportunity to discuss concerns and compliments directly with the users.

The Government will provide a final review of the Contractor’s performance through the Contractor Performance Assessment Reporting System (CPARS) on an annual basis.

14. COMMUNICATION

PAGE 17 OF 123 1333ND26QNB190395

7 | P a g e

In the event of any required change by the Contractor to any scheduled delivery and/or the number of dewars being delivered, Contractor Key Personnel must notify the Government immediately upon learning of the change.

Telephone notification may be provided to the COR. The telephone notification must be followed up with an email to, at a minimum, the COR, within 30 minutes of the telephone notification. If the Contractor’s Project Manager (PM) is not the originator of the email, the PM must provide their written email concurrence in response to the email sent by Contractor Key Personnel.

The telephone and email notifications must identify the impact to the delivery including the actual number and sizes of dewars being delivered, the estimated time of arrival and the basis for the delay.

Notification must take place as soon as possible, before 9:00 AM is preferred, and be updated every two hours (via email) with the estimated time of arrival. Updates must be sent to the COR. Authorized NIST personnel may also be updated.

The COR will provide instructions to Contractor Key Personnel with respect to required action to be taken. It will be the responsibility of the NIST COR to establish an internal line of communication among Authorized NIST Delivery Personnel. NIST will be responsible for the guidance provided by authorized personnel.

The Contractor must ensure that all key personnel are adequately informed and convey accurate and timely information. It will be the responsibility of the Project Manager to establish an internal line of communication with key personnel. The Contractor shall be responsible for the information provided by their key personnel.

15. INVOICING & PAYMENT

The Contractor shall submit an invoice monthly. In addition to the information required by NIST LOCAL CLAUSE 04 “Billing Instructions”, the invoice shall include:

-Total number of 100, and 250-liter dewars delivered.

NOTE: Copies of delivery tickets may be attached to the invoice.

-Total number of liters of LHe delivered based on Government furnished weights provided at the time of delivery.

-Delivery ticket numbers for all deliveries that are being invoiced.

-Monthly rental fee for dewars.

-Fees associated with Emergency deliveries, as appropriate.

-Dates of deliveries shall be provided.

Payment shall be made upon submission of a proper invoice in accordance with Net 30-day payment terms.

PAGE 18 OF 123 1333ND26QNB190395

8 | P a g e

3. accordance with the requirements set forth in this document.

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS (NOV 2023)

(Reference 52.203-17)

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS--REPRESENTATION (JAN 2017)

(Reference 52.203-18)

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

PAGE 19 OF 123 1333ND26QNB190395

52.204-7System for Award ManagementRegistration.

PAGE 20 OF 123 1333ND26QNB190395

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

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 . 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.

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).

PAGE 21 OF 123 1333ND26QNB190395

(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 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 .

(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.

(c) Representations and certifications.

PAGE 22 OF 123 1333ND26QNB190395

(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:

(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)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

(Reference 52.204-9)

PAGE 23 OF 123 1333ND26QNB190395

52.204-13System for Award ManagementMaintenance.

PAGE 24 OF 123 1333ND26QNB190395

52.204-13 System for Award Management—Maintenance DEVIATION (JAN 2026)

(a) Definitions. As used in this clause—

Commercial and Government Entity code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location (referred to as “CAGE code”); or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency to entities located outside the United States and its outlying areas that the DLA CAGE Branch records and maintains in the CAGE master file (referred to as “NCAGE code”).

Unique Entity Identifier (UEI) means an identifier used to identify a specific commercial, nonprofit, or Government entity.

(b) Active registration.

(1) The Contractor shall maintain an active Federal Government contracts registration in the System for Award Management (SAM) at during contract performance and through final payment under this contract. To maintain an active registration in SAM, the Contractor shall review at least annually its registration in SAM and validate that the information is current, accurate, and complete.

(2) The Contractor is responsible for the currency, accuracy, and completeness of the information provided within SAM, and for any liability resulting from the Government’s reliance on inaccurate or incomplete information. Updating SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(c) Novation and change-of-name agreements.

(1) If the Contractor has legally changed its business name or “doing business as” name (whichever is shown on the contract), or has transferred the assets used to perform the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in part 42 of the Federal Acquisition Regulation (FAR), the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to —

(i) Change the legal business name in SAM;

(ii) Comply with the requirements of FAR part 42; and

PAGE 25 OF 123 1333ND26QNB190395

(iii) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with its written notification sufficient documentation to support the legally changed name.

(2) If the Contractor fails to comply with the requirements of paragraph (c)(1) of this clause, or fails to perform the agreement at paragraph (c)(1)(iii) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(d) Assignees.

(1) The Contractor shall not change the legal business name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR part 32). Assignees shall be separately registered in SAM.

(2) Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be incorrect information within the meaning of the “Suspension of Payment” paragraph of the EFT clause of this contract.

(e) Unique entity identifier (UEI). The Contractor shall ensure that its UEI is maintained throughout the life of the contract.

(f) Commercial and Government Entity (CAGE) code. The Contractor shall ensure that the CAGE code is maintained throughout the life of the contract. To update a CAGE code, the Contractor shall initiate the change by updating its SAM registration.

(g) Communicating changes. The Contractor shall communicate any change to its UEI or CAGE code to the Contracting Officer within 30 days after the change, so a modification can be issued to update the UEI or CAGE code on this contract. A change in the UEI does not necessarily require a novation.

(End of clause)

Alternate I (DEVIATION January 2026). As prescribed in 4.208(b)(2), replace paragraph (b) of the basic clause with the following paragraph (b):

(b) Active registration.

(1) If the Contractor was unable to register for Federal Government contracts in the System for Award Management (SAM) at before award, the Contractor shall register in SAM within 30 days after contract award or at least three days before submitting the first invoice, whichever occurs first.

PAGE 26 OF 123 1333ND26QNB190395

(2) The Contractor shall maintain an active Federal Government contracts registration in SAM during contract performance and through final payment under this contract. To maintain an active registration in SAM, the Contractor shall review at least annually its registration in SAM and validate that the information is current, accurate, and complete.

(3) The Contractor is responsible for the currency, accuracy, and completeness of the information provided within SAM, and for any liability resulting from the Government’s reliance on inaccurate or incomplete information. Updating SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

[End of Clause]

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) (Reference 52.204-19)

PAGE 27 OF 123 1333ND26QNB190395

52.209-10Prohibition on Contracting With Inverted

PAGE 28 OF 123 1333ND26QNB190395

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations DEVIATION

(JAN 2026)

(a) Definitions. As used in this clause-

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

(b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, applicable law may prohibit the Government from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

(c) Exceptions to this prohibition are located at 9.108-3.

(d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event.

(End of clause)

52.209-6Protecting the Governments Interest When S

PAGE 29 OF 123 1333ND26QNB190395

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded DEVIATION (JAN 2026)

(a) Definition. As used in this clause—

Commercially available off-the-shelf (COTS) item

(1) Means any item of supply (including construction material) that is–

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” in Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in , such as agricultural products and petroleum products.

(b) The Government suspends or debars Contractors to protect the Government's interests.

Other than a subcontract for a commercially available off-the-shelf item, the Contractor shall not enter into any subcontract, in excess of the threshold specified in FAR 9.405-2(b) on the date of subcontract award, with a Contractor that is debarred, suspended, or proposed for debarment by any executive agency unless a compelling reason exists to do so.

(c) The Contractor shall require each proposed subcontractor whose subcontract will exceed the threshold specified in FAR 9.405-2(b) on the date of subcontract award, other than a subcontractor providing a commercially available off-the-shelf item, to disclose to the Contractor, in writing, whether as of the time of award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, proposed for debarment, or voluntarily excluded by the Federal Government.

(d) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party (other than a subcontractor providing a commercially available off-the-shelf item) that is debarred, suspended, proposed for debarment, or voluntarily excluded (see FAR 9.404 for information on the System for Award Management (SAM) Exclusions). The notice must include the following:

(1) The name of the subcontractor.

(2) The Contractor’s knowledge of the reasons for the subcontractor being listed with an exclusion in SAM.

(3) The compelling reason(s) for doing business with the subcontractor notwithstanding its being listed with an exclusion in SAM.

PAGE 30 OF 123 1333ND26QNB190395

(4) The systems and procedures the Contractor has established to ensure that it is fully protecting the Government's interests when dealing with such…