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 26 1333ND26QNB640565

Brand Name Only Agilent Gas Chromatograph OpenLab CDS Software and Workstations ( RFQ No. 1333ND26QNB640565)

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

(II) The solicitation number is 1333ND26QNB640565 and this solicitation is a Request for Quotation (RFQ). This acquisition is being solicited as total small business set aside.

(III) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2026-01 dated March 13, 2026, and the Revolutionary FAR Overhaul (RFO) as updated through August 29, 2026, supplemented by Department of Commerce Acquisition Policy.

(IV) The associated North American Industry Classification System (NAICS) code for this procurement is 334516 – Analytical Laboratory Equipment Manufacturing with a small business size standard of 1,000 employees.

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

Contract Line Item Number (CLIN) TOTAL Brand Name Only Agilent Gas Chromatograph OpenLab CDS Software and Workstations (inclusive of warranty, FOB Destination delivery, installation, and training) in accordance with the attached NIST Requirements Document.

TOTAL:

(VI) The requirements for the line items to be acquired above are in the attached Requirements Document.

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

(VIII) Quoters/Contractors must possess an ACTIVE registration in the System for Award Management system, www.SAM.gov, when submitting a quotation and shall continue to be registered until time of award, during performance, and through final payment of any contract resulting from this solicitation. The Contracting Officer shall confirm that quoters have an “active” registration at the www.sam.gov website upon receipt of the quotation. If the SAM.gov registration is not active, the quotation will not be considered for award. Note that “ID Assigned” is not “Active.”

PAGE 4 OF 26 1333ND26QNB640565

(IX) The provision at FAR 52.212-1, Instructions to Offerors—Commercial Products and Commercial Services (DEVIATION Jan 2026), applies to this acquisition. See Addendum to FAR 52.212-1 below.

Addendum to FAR 52.212-1, Instructions to Offerors – Commercial Products and Commercial Services (DEVIATION Jan 2026):

DUE DATE FOR QUOTATIONS

Quoters shall submit their electronic quotations, via email, so that NIST receives them not later than 11:00 AM Eastern Time on September 9, 2026. E-mail quotations shall be submitted directly to the Contract Specialist at laure.roller@nist.gov.

Please reference the RFQ number in the subject line of all email communications.

Quotations which do not reference the RFQ number in the subject line may not be considered. Quotations shall not be deemed received by the Government until the quotation is received in the e-mail inbox set forth above.

INQUIRIES:

Quoters must submit all questions concerning this solicitation in writing to both the Contract Specialist Ms. Lauren Roller at lauren.roller@nist.gov. Questions should be received no later than September 2, 2026. All responses to timely submitted questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, only the responses included in the amendment to the solicitation will be deemed as the Government’s formal response and govern performance of the contract.

QUOTATION PREPARATION INSTRUCTIONS:

All quotations shall conform to solicitation provisions/clauses and be prepared in accordance with this section. The quotation shall be clearly and concisely written as well as be neat and logically assembled. All pages of the quotation shall be appropriately numbered.

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

Volume I – Technical Quotation Volume II – Price Quotation Volume III- Terms and Conditions

Volume I - Technical Quotation:

PAGE 5 OF 26 1333ND26QNB640565

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

Technical Capability:

a) Technical description and/or product literature. Quoters shall include the manufacturer, make and model of the product, manufacturer sales literature, or other product literature that CLEARLY DOCUMENTS that the quoted products meet all BRAND NAME ONLY specifications outlined in the Requirements Document. The quoter is responsible for ensuring the submitted documentation clearly addresses all specifications and requirements.

b) Country of origin of all manufactured end products quoted

c) Confirmation of the quoter’s ability to meet the required delivery terms.

d) Confirmation of the quoter’s ability to meet warranty requirements.

Volume II - Price Quotation:

The quoter shall submit one (1) copy of their entire quotation, electronically, via E-mail to the Contract Specialist identified above. The price quotation shall address, at minimum, the following information.

a) The solicitation number

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

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

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

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

f) Any applicable discount terms.

PAGE 6 OF 26 1333ND26QNB640565

Volume III – Terms and Conditions:

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

Note: System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in this solicitation. Contracting officers will rely on representations from offers based on provisions in the solicitation.

Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

Acceptance of Terms and Conditions:

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

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

FAR 52.212-2 Evaluation- Commercial Products and Commercial Services (DEVIATION Jan 2026)

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

The Government intends to award a single purchase order (PO) from this solicitation utilizing simplified acquisitions procedures in accordance with FAR part 12 of the

PAGE 7 OF 26 1333ND26QNB640565

Revolutionary FAR Overhaul. The Government reserves the right not to award a PO or to make an award without discussions based solely upon initial quotes.

Basis for Award:

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

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

Evaluation Factors:

A quotation will be determined technically acceptable if it meets the following criteria:

(1) Technical Capability: The Quoter must indicate in its quotation the ability to provide all minimum BRAND NAME ONLY requirements identified in the Requirements Document, inclusive of warranty, installation, and training requirements.

(2) Schedule: The Quoter must indicate in its quotation the ability to meet the delivery requirements within 90 days ARO. Additionally, delivery must be on a F.O.B Destination basis and inclusive of all delivery costs, including any potential tariffs.

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

(b) 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)

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Brand Name Only Agilent Gas Chromatograph OpenLab

CDS Software and Workstations (inclusive of warranty, FOB Destination delivery, installation, and training) in accordance with the attached NIST Requirements Document.

1.00 LO

PAGE 8 OF 26 1333ND26QNB640565

Table of Contents

STATEMENT OF REQUIREMENTS

PROVISIONS AND CLAUSES

PAGE 9 OF 26 1333ND26QNB640565

CLAUSES

STATEMENT OF REQUIREMENTS

PAGE 10 OF 26 1333ND26QNB640565

STATEMENT OF REQUIREMENTS

Brand Name Only Agilent Gas Chromatograph OpenLab CDS Software and Workstations

I. BACKGROUND INFORMATION

The Gas Sensing Metrology Group (GSMG) of the Chemical Sciences Division is responsible for developing, critically evaluating, and applying techniques for the identification and measurement of gaseous species. Measurement services are provided through the development of reference materials including NIST Traceable Reference Materials (NTRMs), Reference Materials (RMs), Standard Reference Materials (SRMs). The GSMG performs many of these measurements using Agilent 6890 and 7890 gas chromatographs (GCs) paired with a 12-port gas sampling valve. A homebuilt software is currently used to communicate with both the sampling valve and the Agilent Chemstation software. Unfortunately, this software was written by a former GSMG group member and is only able to communicate with Agilent Chemstation B03.01. This software requires Windows XP and has not been supported for many years. In order to update the security measures and operating systems associated with these gas chromatographs, GSMG must update to the current version Agilent software, Openlab CDS.

II. SCOPE OF WORK

The Contractor shall provide five (5) Agilent OpenLab CDS workstations that meet the following minimum technical requirements. The Contractor shall install the equipment and software as well as provide training as described below.

III. SPECIFICATIONS

The Contractor shall provide five (5) Agilent OpenLab CDS Workstations (Agilent Part No.

M8413AA) as follows:

Hardware

i. Five (5) PCs equipped with Windows 11 Pro and 20” Monitor, with the following minimum specifications:

a. Intel Xeon W2423

b. 16GB SDRAM

c. 1TB Hard Drive

ii. Connections, as required, to hook hardware and software up to existing GCs.

Software

i. Five (5) Agilent OpenLab CDS permanent software licenses

a. The Gas Chromatograph software shall control all GC functions, collect chromatographic data, perform data analysis and export selected data to an excel spreadsheet with a permanent software license (at delivery).

b. The vendor shall provide documentation that describes how a user computer program written in Visual Basic Version 6.0 can gain access to analytical data after a run has terminated, and for the user program to inform the GC control software of the identification of the next sample to be run in the sequence. This capability shall be available in the GC control software.

c. The software shall be capable of controlling a 12-port gas sampling valve mounted atop the GC instruments allowing for controlled sample injection.

Operations & Maintenance Manual

PAGE 11 OF 26 1333ND26QNB640565

i. Each workstation shall be provided with an operations and maintenance manual. The manual may be in the form of a digital or hard copy.

Warranty The Contractor shall provide, at a minimum, a one-year manufacturer’s commercial warranty for all products. The warranty shall cover all parts, labor and travel. The warranty shall commence upon NIST acceptance of products, including associated installation and training.

Delivery Delivery of products shall be FOB Destination (or equivalent terms, such as INCOTERMS Delivered Duties Paid) and shall occur not later than (NLT) 90 days after contractor receipt of order (ARO). The packing slip shall clearly indicate the NIST award number and the NIST Technical Point of Contact associated with the order.

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

The contractor shall deliver all Line Items to:

The National Institute of Standards and Technology Shipping and Receiving 100 Bureau Drive, Building 301 Gaithersburg, MD 20899

Installation The Contractor shall install the OpenLab CDS workstations to the Agilent 6890 and 7890 gas chromatographs in Building 227, Room B111, at NIST Gaithersburg, MD. Installation shall include, at a minimum, uncrating/unpacking of all products, set-up and hook-up of all equipment, start-up, demonstration that the OpenLab CDS workstations operate in accordance with manufacturer specifications and with NIST’s GCs, and removal of all trash.

Installation shall take place during normal business hours, between 8:30 am and 5:00 pm Eastern Time, Monday through Friday except Federal Holidays, and will be coordinated with the NIST Contracting Officer’s Representative (COR).

Training:

The Contractor shall provide on-site training at the NIST Gaithersburg, MD location for up to 2 NIST personnel covering normal operation, troubleshooting, and routine maintenance of the OpenLab CDS workstations as operated with NIST’s existing GCs.

Training shall be provided during normal business hours, between 8:30am and 5:00pm Eastern Time, Monday through Friday, except Federal Holidays, and will be coordinated with the NIST COR to ensure maximum availability of NIST personnel. Training is to occur within 10 days of installation. The training may be completed on-site at NIST immediately after installation and demonstration of specifications.

IV. DELIVERABLES

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Description Quantity Due Date Agilent OpenLab CDS Workstations with software pre-install

Five (5) Within 90 days after award

Operations and Maintenance Manuals One (1) per workstation

Within 90 days after award

Installation Once Within 10 days after product delivery

Training of NIST personnel at NIST, Gaithersburg, MD

Once Within 10 days after product delivery

V. ACCEPTANCE CRITERIA

The Government will inspect the products, and inspect installation and training services provided, within seven business days of receipt. The Contractor has the right to be present during the inspection at the Contractor’s expense.

Inspection will include:

• Visual inspection of the products to ensure they are new, undamaged, and operate as commercially marketed.

• Verification that the delivered OpenLab CDS workstations operate in accordance with manufacturer specifications and with NIST’s GCs

• Verification that installation and training were successfully completed in accordance with the requirements identified in this document

The Government shall have sole discretion to require repair or replacement of damaged and/or nonconforming products and services at no cost to the Government.

VI. GENERAL INFORMATION

Safety: The Contractor employee shall be responsible for knowing and complying with commercial installation safety prevention regulations. Such regulations include, but are not limited to, general safety, fire prevention, and waste disposal.

Security: NIST is a restricted campus. An identification badge is required for access for entry into buildings and also is shown to the armed Security Police when entering the campus.

Identification Badges: Contractor employees shall comply with NIST identification and access requirements. The Contractor shall provide the name and citizenship information of employees for on-site visits to the NIST SME prior to arrival. The SME will submit the name(s) and citizenship information to the NIST Office of Security in order for a given Contractor employee to enter the NIST campus. The Contractor employee is responsible for absences due to missing or expired identification and access documents. Each Contractor employee shall wear a visible identification badge provided by the NIST Security Office.

Vehicle Registration: All Contractor employees must register their vehicles with the NIST Security Office to gain access to the campus. A valid driver’s license, Government-furnished civilian ID (which in most cases can be a valid driver's license), proof of insurance and current

PAGE 13 OF 26 1333ND26QNB640565

registration must be presented to the NIST Security Office.

PROVISIONS AND CLAUSES

PAGE 14 OF 26 1333ND26QNB640565

APPLICABLE PROVISIONS AND CLAUSES

PROVISIONS Incorporated by Reference

FAR 52.212-1 Instructions to Offerors—Commercial Items FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation FAR 52.204-7 System for Award Management FAR 52.219-6 Notice of Total Small Business Set-Aside FAR 52.240-90 Security Prohibitions and Exclusions Representations and Certifications

PROVISIONS Incorporated in Full Text

FAR 52.252-1 Solicitation Provisions Incorporated by Reference.

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR) Overhaul (DEVIATIONS AUG 2026):

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide

Commerce Acquisition Regulation (CAR): https://www.acquisition.gov/car/part-1352-solicitation-provisions-and-contract-clauses

FAR 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations- Representation

(a) Definitions. "Inverted domestic corporation" and "subsidiary" have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations ( 52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that-

(1) It □ is, □ is not an inverted domestic corporation; and

(2) It □ is, □ is not a subsidiary of an inverted domestic corporation.

FAR 52.212-2 Evaluation- Commercial Products and Commercial Services

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

Lowest Price Technically Acceptable. Please see details in the solicitation.

(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.

FAR 52.219-1 Small Business Program Representation

(a) Definitions. As used in this provision-

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.

Service-disabled veteran-owned small business (SDVOSB) concern means a small business concern- (1)

(i) Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran or;

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16), with a disability that is service-connected, as defined in 38 U.S.C. 101(16), and who is registered in

PAGE 16 OF 26 1333ND26QNB640565

the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs’ Veterans Benefits Administration, as a service-disabled veteran.

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that—

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (b) of this provision.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with 13 CFR 124.1001, means a small business concern under the size standard applicable to the acquisition, that-

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by-

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Veteran-owned small business concern means a small business concern-

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C.101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned small business concern means a small business concern-

PAGE 17 OF 26 1333ND26QNB640565

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women;

and

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127) means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b)

(1) The North American Industry Classification System (NAICS) code for this acquisition is 334516 – Analytical Laboratory Equipment Manufacturing

(2) The small business size standard is 1,000 Employees.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce (i.e., nonmanufacturer), is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(c) Representations.

(1) The offeror represents as part of its offer that—

(i) it □ is, □ is not a small business concern; or

(ii) It □ is, □ is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]

(2) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not, a small disadvantaged business concern as defined in 13 CFR 124.1001.

(3) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a women-owned small business concern.

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(4) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The offeror represents as part of its offer that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]

(5) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents as part of its offer that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]

(6) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small business concern.

(7) SDVOSB concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(6) of this provision.] The offeror represents as part of its offer that it □ is, □ is not an SDVOSB concern.

(8) SDVOSB joint venture eligible under the SDVOSB Program. [Complete only if the offeror represented itself as a SDVOSB concern in paragraph (c)(7) of this provision].

The offeror represents as part of its offer that it □ is, □ is not a SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402.

[ The offeror shall enter the name and unique entity identifier of each party to the joint venture:__.]

(9) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that—

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.

(d) Notice. Under 15 U.S.C. 645(d), any person who misrepresents a firm’s status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for

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a definition of program eligibility, shall-

(1) Be punished by imposition of fine, imprisonment, or both;

(2) Be subject to administrative remedies, including suspension and debarment; and

(3) Be ineligible for participation in programs conducted under the authority of the Act.

CAR 1352.233-70 Agency Protests

(a) An agency protest may be filed with either: (1) the contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 Fed.

Reg. 16,651 (April 6, 1999)

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

NIST/ACQUISITION MANAGEMENT DIVISION

ATTN: LAUREN ROLLER, CONTRACTING OFFICER

100 Bureau Drive, MS 1640 Gaithersburg, MD 20899

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

NIST/ACQUISITION MANAGEMENT DIVISION

ATTN: HEAD OF THE CONTRACTING OFFICE (HCO)

100 Bureau Drive, MS 1640 Gaithersburg, MD 20899

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

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

U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893, Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W. Washington, D.C. 20230.

FAX: (202) 482-5858

CAR 1352.233-71 GAO and Court of Federal Claims Protests

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

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

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

U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W., Room 5893 Washington, D.C. 20230.

FAX: (202) 482-5858

FAR 52.225-4 Buy American - Free Trade Agreements – Israeli Trade Act Certificate (a)

(1) The Offeror certifies that each end product, except those listed in paragraph (b) or (c)(1) of this provision, is a domestic end product and that each domestic end product listed in paragraph (c)(2) of this provision contains a critical component.

(2) The terms "Bahraini, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "critical component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

(b) The Offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahraini, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Free Trade Agreement Country End Products (Other than Bahraini, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line Item No. Country of origin

(c) (1) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (b) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

Other Foreign End Products

Line Item No. Country of origin

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

Line Item No. ___

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

52.225-18 PLACE OF MANUFACTURE

(a) Definitions. As used in this provision—

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

(2) □ Outside the United States.

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CLAUSES

CLAUSES incorporated by Reference

FAR 52.203-17 Contractor Employee Whistleblower Rights FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements FAR 52.204-13 System for Award Management—Maintenance FAR 52.204-19 Incorporation By Reference Of Representations And Certifications FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations FAR 52.212-4 Terms and Conditions—Commercial Products and Commercial Services FAR 52.219-28, Post-award Small Business Program Rerepresentation FAR 52.222-3 Convict Labor FAR 52.222-19 Child Labor—Cooperation with Authorities and Remedies FAR 52.222-36 Equal Opportunity for Workers with Disabilities FAR 52.222-50 Combating Trafficking in Persons FAR 52.222-90 Addressing DEI Discrimination by Federal Contractors FAR 52.223-23 Sustainable Products and Services FAR 52.225-3 Buy American-Free Trade Agreements-Israeli Trade Act FAR 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving FAR 52.232-33 Payment by Electronic Funds Transfer—System for Award Management FAR 52.232-39 Unenforceability of Unauthorized Obligations FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors FAR 52.233-3 Protest After Award FAR 52.233-4 Applicable Law for Breach of Contract Claim FAR 52.240-91 Security Prohibitions and Exclusions FAR 52.244-6 Subcontracts for Commercial Products and Commercial Services CAR 1352.201-70 Contracting Officer’s Authority CAR 1352.201-72 Contracting Officer’s Representative CAR 1352.209-73 Compliance with the Laws CAR 1352.209-74 Organizational Conflict of Interest CAR 1352.239-70 Software License Addendum CAR 1352.239-71 Electronic and Information Technology

CLAUSES incorporated in Full Text

FAR 52.252-2 Clauses Incorporated by Reference.

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):

Federal Acquisition Regulation (FAR) Overhaul (DEVIATIONS AUG 2026):

PAGE 23 OF 26 1333ND26QNB640565

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide

Commerce Acquisition Regulation (CAR): https://www.acquisition.gov/car/part-1352-solicitation-provisions-and-contract-clauses

NIST LOCAL-53 Contract Performance During Changes in NIST Operating Status

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

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

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

In circumstances such as these, the Contractor must call the appropriate NIST campus status line to verify the operating status:

Gaithersburg Campus Operating Status 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

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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 – Alt I

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

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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 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…