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

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 The contractor shall provide a Femtosecond Laser

System that is brand-name or equal to the Toptica Photonic FF Ultra 1050 II, as specified in the attached requirements document.

PR NUMBER: NB305000-26-00088

1.00 EA

0002 The contractor shall provide a Acousto-Optical Modulator that is brand-name or equal to the Toptica Photonic FF Ultra 1050 II AOM, as specified in the attached requirements document.

1.00 EA

PAGE 3 OF 20 1333ND26QNB680592

Table of Contents

Requirements Document

52.204-10 REPORTING EXECUTIVE COMPENSATION

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE

52.204-7 SYSTEM FOR AWARD MANAGEMENT

52.209-10 PROHIBITION ON CONTRACTING

52.212-1 Instructions to Offerors

52.212-2 Evaluations

52.212-4 CONTRACT TERMS AND CONDITIONS

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM

52.222-19 CHILD LABOR COOPERATION WITH AUTHORITIES

52.222-50 COMBATING TRAFFICKING IN PERSONS

52.222-90 ADDRESSING DEI DISCRIMINATION

52.233-1 DISPUTES

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)

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

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-REPRESENTATION (NOV 2015)... 15

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER

ANY FEDERAL LAW (FEB 2016)

52.222-3 CONVICT LABOR (JUN 2003)

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

52.225-1BUY AMERICAN--SUPPLIES (OCT 2022)

52.225-2BUY AMERICAN CERTIFICATE (OCT 2022)

52.225-18PLACE OF MANUFACTURE (AUG 2018)

52.226-7DRUG-FREE WORKPLACE (MAY 2024)

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

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

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

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

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

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984)

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

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

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

1352.233-70 AGENCY PROTESTS (APR 2010)

1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

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

NIST LOCAL-54ELECTRONIC BILLING INSTRUCTIONS

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

PAGE 4 OF 20 1333ND26QNB680592

CLAUSES

Requirements Document

PAGE 5 OF 20 1333ND26QNB680592

REQUIREMENTS DOCUMENT

Title: Femtosecond Laser System for Sum Harmonic Generation Microscopy

(FLS4SHGM)

Lab: Physical Measurement Laboratory/ Quantum Measurement Division (684)

I. BACKGROUND INFORMATION

The National Institute of Standards and Technology (NIST) Quantum Measurement Division (QMD) in the Physical Measurement Laboratory (PML) develops novel spectroscopic measurement techniques to probe key physicochemical properties of low dimensional, advanced quantum materials (i.e., 2D…) that will enable future technologies to move past conventional digital computing. Determining the fundamental processes of quasiparticles and related charge migration and phase change phenomenon are key aspects of work performed in QMD.

Additionally, the group studies alternative-state variables or information carriers, such as spin, phase, valley, etc., which will provide the foundation for lower-power electronics, optical switching, non-volatile memory, neuromorphic computing, and other technologies that are not possible with present material systems. Visible wavelength measurement systems, both in the linear and non-linear regime, enable detection of scattering, absorption, emission, and magnetism in these materials.

To support the group’s research activities and to measure the interaction of quasiparticles, including phonons, magnons and excitons, the Fundamental Electrical Metrology Group (FEMG) requires a fixed frequency, femtosecond laser system for multi-photon imaging within an already operating Raman microscope. Second harmonic generation (SHG) microscopy will be enabled with the new laser system.

This laser system shall be used for SHG studies of novel quantum nanomaterials at varying temperatures and magnetic/electric fields. The system must be compatible with the extensive existing spectroscopic infrastructure already in use. Due to space limitations the laser system must not require external cooling, such as that with water.

As part of the CHIPS Act, researchers from NIST are actively pursuing a comprehensive program in metrology research and development aimed at bolstering the U.S.

semiconductor industry. A pivotal aspect of their strategic objectives is outlined in one of the seven Grand Challenges—specifically, Grand Challenge 1. This challenge focuses on enhancing metrology tools and measurement science dedicated to assessing the Purity, Properties, and Provenance of materials, which are critical for advancing the semiconductor sector.

A targeted initiative under this challenge involves the evaluation of the reliability of both two-dimensional (2D) and wide band gap (WBG) materials and devices. This evaluation is crucial for understanding the robustness and potential applications of these advanced materials in the semiconductor industry. To effectively conduct this research, and particularly to analyze the critical nonlinear optical spectroscopy responses of materials and devices, there is a need for a Femtosecond Laser System for Sum Harmonic Generation Microscopy (FLS4SHGM). This system must be specifically compatible with

PAGE 6 OF 20 1333ND26QNB680592

2 | P a g e the existing Raman and photoluminescence spectroscopic instrumentation. The integration of such a laser system will greatly enhance the group’s capabilities and bandwidth in conducting optical experiments to study both linear and nonlinear processes in 2D materials.

II. PURPOSE

The work required under this contract is to supply a Femtosecond Laser System for Sum Harmonic Generation Microscopy (FLS4SHGM) that is compatible with the NIST owned Horiba LabRam HR Evolution optical spectrometer system that enables simultaneous linear and nonlinear optical measurements at diffraction limited spatial resolution.

III. MINIMUM REQUIREMENTS

The Contractor shall provide a system that meets all technical specifications identified below. All items must be new. Used or remanufactured equipment will not be considered for award. Experimental, prototype, or custom items will not be considered. The use of “gray market” components are not acceptable. All line items shall be shipped in the original manufacturer’s packaging and include all original documentation and software, when applicable.

Line Item 0001:

Description: High-power ultrafast fiber laser system – Brandname of Equal to the FF Ultra 1050 II manufactured by Toptica Photonic Inc.

Unit of Issue: EA Quantity: 1

• Center wavelength: 1053 nm +/- 5 nm

• Passively mode-locked fiber oscillator

• High-power fiber amplifier

• Air-cooled supply unit

• Motorized group delay dispersion control

• Average output power: > 4 W

Line Item 0002:

Description: Acousto-optical modulator and driver electronics integrated in laser system – Brandname of Equal to the FF Ultra 1050 II AOM manufactured by Toptica Photonic Inc.

Unit of Issue: EA Quantity: 1

• Modulation bandwidth of >1 MHz

• Average output power: > 4 W

Together items 1 and 2 must enable:

• Pulse duration: < 100 fs (sech² fit)

• Repetition rate: 80 MHz

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3 | P a g e

• Linear polarization: > 100:1 (>20 dB), vertical

• Beam shape TEMoo, M² < 1.2, Ø 1.0 mm (1/e²)

• Beam divergence (half angle): < 1 mrad

• Output coupling via free-space

Safety

a. The laser system system shall meet industry standards for safety, including those related to electrical components, mechanical components, and optical components.

IV. SCHEDULE OF DELIVERABLES

Deliverable

Number Description Quantity Due Date

Place of Delivery 1 Delivery of High-power ultrafast fiber laser

One (1)

No later than 3 months after receipt of order.

NIST (Gaithersburg)

2 Delivery of AOM and driver electronics integrated in laser system

One (1) No later than 3 months after receipt of order.

NIST (Gaithersburg)

Standards of Acceptance: The NIST POC or COR shall review all the above deliverables and respond with an acceptance or request for revision email to the Contractor Point of Contact (POC) within 1 week of receipt of deliverable. This section applies to deliverables which must be reviewed and approved for acceptances (e.g., draft plans, drawings, etc.)

PLACE OF PERFORMANCE

a. All work shall be performed at NIST (100 Bureau Drive Gaithersburg, MD 20899) in building 222 room A156.

LEAD TIME

3 Months ARO for delivery of line items, followed by 2-4 weeks after delivery or another mutually agreed upon date for installation and training.

V. DELIVERY TERMS

Delivery shall be F.O.B Destination (or equivalent incoterms, such as DDP) and shall occur in accordance with the delivery due dates provided in the below table.

PAGE 8 OF 20 1333ND26QNB680592

4 | P a g e

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:

National Institute of Standards and Technology Angela R Hight Walker 100 Bureau Dr Mailstop 8443 Bld 222, Room A155 Gaithersburg, MD 20899

Installation:

The contractor shall perform installation within 2-4 weeks after delivery or another date as mutually agreed upon between the contractor and the Contracting Officer Representative (COR) in advance. Installation, at a minimum, shall include uncrating, unpackaging of all products, set-up of the product, and removal of trash. Onsite installation shall be performed at NIST Gaithersburg Campus.

Training:

The contractor shall schedule and facilitate training for up to 4 people at NIST Gaithersburg, either in-person or virtually as approved by the COR. The training shall provide a thorough demonstration of all equipment functions, operation, and basic troubleshooting. The training shall be provided within 2-4 weeks after delivery or the product, of at a mutually agreed upon date between the Contractor and NIST. Training shall be performed between Monday-Friday during the operating hours of 8:00 AM to

5:00 PM.

VI. INSPECTION & ACCEPTANCE

In addition to the inspection and acceptance terms articulated in the specific FAR clause that allows the Government reserves the right to perform such performance tests and evaluations as defined below to verify specified system performance. Such tests and evaluations, if performed, shall be conducted within the environment that the system is to be operated. The Contractor has the right to be present during the tests and evaluations, if performed, at the Contractor’s expense.

VII. WARRANTY The contractor shall warranty the entire system for a period of a minimum of 2 years and shall be in accordance with terms in FAR 52.212-4.

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5 | P a g e

Warranty shall commence upon acceptance of the system by the Government and at a minimum shall include the following:

All components composing the FLS4SHGM system.

VIII. PAYMENT SCHEDULE

The Contractor will be paid, in accordance with the payments clause in the contract and as otherwise noted in this document, upon receipt of a proper invoice.

a. 100% after installation and acceptance of equipment by the COR.

NOTE: Partial shipments and partial invoices will not be accepted, unless otherwise requested and accepted by the Contracting Officer prior to award offer.

Proposed payment schedules shall be submitted with vendor’s response to the RFQ for consideration.

IX. CYBERSECURITY PRIVACY REQUIREMENTS

NIST seeks a solution that provides security and privacy protection consistent with requirements defined by applicable federal laws, regulations, policies, and standards (e.g., the Federal Information Security Management Act (FISMA), OMB Circular A-130, and FIPS Publication 200). The solution provider (including subcontractors) may meet these requirements through various means, including but not limited to FedRAMP authorization, current third-party assessments (e.g., SSAE, PCI), and/or responses to NIST special publication control set SP 800-171.

Minimally Acceptable Controls

• System security plan describing physical, technical, and administrative controls implemented to protect systems and sensitive personally identifiable information

(SPII).

• IT management processes to establish and manage secure configuration baselines including routine patching for all operating systems and applications.

• Access to SPII is restricted to those with a need to know. Personnel with access to SPII have background investigations performed (e.g. criminal, financial etc.), and are trained on secure handling of SPII.

• Access Controls for SPII meet or exceed industry best practices for access and identification control including, but not limited to, connectivity to servers and databases, multi-factor authentication for remote accesses for administration, secure configurations for any devices accessing the system, and strong physical security for any place where the data is accessed.

• The solution supports multifactor authentication for users and/or supports integration with customer federation services for Single-Sign capability.

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6 | P a g e

• Processes for scanning on a continual basis for vulnerabilities and proper configurations for all aspects of the system, as well as processes for timely mitigation of findings.

• Auditing and Incident Response processes including customer notification of suspected or actual incidents and logging with sufficient information to perform forensics on any incident. Processes for notifying and providing appropriate mitigations, including but not limited to credit monitoring services, for subsidy applicants in the event of suspected or actual incidents.

• SPII is encrypted in transit using TLS 1.2 or better and encrypted at rest in all places the SPII is stored. All encryption algorithms and modules are FIPS 140- 2/140-3 validated.

If unable to meet any of the requirements listed above, the solution provider may provide details of mitigations or alternative protections in place to ensure the appropriate handling and protection of SPII.

If the solution provider provides services to other Federal agencies, provide a general description of the security risk management approach and client point of contact.

52.204-10 REPORTING EXECUTIVE COMPENSATION

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE

52.204-7 SYSTEM FOR AWARD MANAGEMENT

52.209-10 PROHIBITION ON CONTRACTING

52.212-1 Instructions to Offerors

PAGE 11 OF 20 1333ND26QNB680592

52.212-1 Instructions to Offerors—Commercial Products and Commercial Services.

(DEVIATION Jan 2026)

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

(1) The solicitation number;

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

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

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

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

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

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

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

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

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

PAGE 12 OF 20 1333ND26QNB680592

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

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

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

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

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

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

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

(4) A summary of the rationale for award.

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

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

(End of provision)

52.212-2 Evaluations

PAGE 13 OF 20 1333ND26QNB680592

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:

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

ii) Price: The proposed price will be evaluated. The evaluation will determine whether the proposed prices are reasonable in relation to the solicitation requirements.

Prices must be entirely compatible with the technical portion of the quotation.

The Government intends to award a single firm fixed price purchase order (PO) from this solicitation utilizing simplified acquisitions procedures in accordance with FAR part 12 of the Revolutionary FAR Overhaul. The Government reserves the right not to award a PO and to make an award without discussions based solely upon initial quotes.

Basis for Award:

Award shall be made to the responsible quoter whose quotation, conforming to the solicitation, is the most advantageous for the government, technical capacity and price considered.

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.

(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).

PAGE 14 OF 20 1333ND26QNB680592

(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.

52.212-4 CONTRACT TERMS AND CONDITIONS

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM

52.222-19 CHILD LABOR COOPERATION WITH AUTHORITIES

52.222-50 COMBATING TRAFFICKING IN PERSONS

52.222-90 ADDRESSING DEI DISCRIMINATION

52.233-1 DISPUTES

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)

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

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-REPRESENTATION (NOV 2015) (Reference 52.209-2)

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION

UNDER ANY FEDERAL LAW (FEB 2016)

(Reference 52.209-11)

52.222-3 CONVICT LABOR (JUN 2003)

(Reference 52.222-3)

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

52.225-1 BUY AMERICAN--SUPPLIES (OCT 2022)

(a) Definitions. 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" at 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 46 U.S.C.40102(4), such as agricultural products and petroleum products.

Component means an article, material, or supply incorporated directly into an end product.

Cost of components means -

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product.

Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105.

Domestic end product means -

(1) For an end product that does not consist wholly or predominantly of iron or steel or a combination of both-

(i) An unmanufactured end product mined or produced in the United States;

(ii) An end product manufactured in the United States, if-

PAGE 15 OF 20 1333ND26QNB680592

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Components of unknown origin are treated as foreign. Scrap generated, collected, and prepared for processing in the United States is considered domestic; or

(B) The end product is a COTS item; or

(2) For an end product that consists wholly or predominantly of iron or steel or a combination of both, an end product manufactured in the United States, if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all the components used in the end product. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the end product and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the end product contains multiple components, the cost of all the materials used in such end product is calculated in accordance with the definition of "cost of components".

End product means those articles, materials, and supplies to be acquired under the contract for public use.

Fastener means a hardware device that mechanically joins or affixes two or more objects together.

Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

Foreign end product means an end product other than a domestic end product.

Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) 41 U.S.C. chapter 83, Buy American, provides a preference for domestic end products for supplies acquired for use in the United States. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for an end product that is a COTS item (see 12.505(a)(1)), except that for an end product that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the end product, excluding COTS fasteners.

(c) Offerors may obtain from the Contracting Officer a list of foreign articles that the Contracting Officer will treat as domestic for this contract.

(d) The Contractor shall deliver only domestic end products except to the extent that it specified delivery of foreign end products in the provision of the solicitation entitled "Buy American Certificate."

(End Of Clause)

52.225-2 BUY AMERICAN CERTIFICATE (OCT 2022)

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

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

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

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

(b) Foreign End Products:

| Line item No. | Country of origin | Exceeds 55% domestic content (yes/no) |

PAGE 16 OF 20 1333ND26QNB680592

[List as necessary]

(c) Domestic end products containing a critical component:

Line Item No. ___ [List as necessary]

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

(End Of Provision)

52.225-18 PLACE OF MANUFACTURE (AUG 2018)

(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 endproduct is assembled out of components, or otherwise madeor processed from raw materials into the finished product thatis to be provided to the Government. If a product is disassembledand reassembled, the place of reassembly is not the placeof manufacture.

(b) For statistical purposes only, the offeror shall indicatewhether the place of manufacture of the end products itexpects to provide in response to this solicitation is predominantly## [ ] (1) In the United States (Check this box if the totalanticipated price of offered end products manufactured in theUnited States exceeds the total anticipated price of offered endproducts manufactured outside the United States); or [ ] (2) Outside the United States.

52.226-7 DRUG-FREE WORKPLACE (MAY 2024)

(Reference 52.226-7)

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

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

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

(Reference 52.232-39)

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

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

(Reference 52.233-4)

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984) (Reference 52.237-2)

PAGE 17 OF 20 1333ND26QNB680592

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

(Reference 52.252-1)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

(Reference 52.252-2)

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

1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

(Reference 1352.209-73)

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

(Reference 1352.209-74)

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

(Reference 1352.233-71)

1352.233-70 AGENCY PROTESTS (APR 2010)

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

Reg. 16,651 (April 6, 1999)

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

ATTN: Nina Lin, Contracting Officer 100 Bureau Drive, MS 1640 Gaithersburg, MD 20899

(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: ATTN: NIST PROTEST CONTROLLER 100 Bureau Drive, MS 1640 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

(End of clause)

1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

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

(b) The place of acceptance will be:

National Institute of Standards and Technology 100 Bureau Drive Gaithersburg, MD. 20899

(End of clause)

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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 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.

PAGE 19 OF 20 1333ND26QNB680592

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

Upon written notice from the contracting officer the following supersedes all other instructions for the submission of payment requests. Accordingly, following written notice payment requests must be submitted electronically through the U.S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable payment request or invoicing instructions, Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

The Contractor must use the IPP website to register, access, and use IPP for submitting payment requests. If not already enrolled, the Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email within three to five business days of the addition of the contract award to IPP. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email: IPPCustomerSupport@fiscal.treasury.gov or phone

(866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting payment requests, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation. Contact the contracting officer for more information on submitting a waiver request.

PAGE 20 OF 20 1333ND26QNB680592

marvin.jean@nist.gov

100 BUREAU DRIVE STOP 1640

BUILDING 301 ROOM B129

GAITHERSBURG MD 20899-1640

100 BUREAU DRIVE STOP 1640

BUILDING 301 ROOM B129

GAITHERSBURG MD 20899-1640