1333ND26QNB730304.pdf

RFQ IFB RFP

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

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

DATE

7. FOR SOLICITATION

INFORMATION CALL:

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

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODEFACILITY

CODE

CODE

TELEPHONE NO.

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

OFFER

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

BELOW IS CHECKED

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

DATED . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

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

17a CONTRACTOR/

OFFEROR.

CODE

8 (A)

SIZE STANDARD:

NAICS:

% FOR:SET ASIDE:UNRESTRICTED OR

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

10. THIS ACQUISITION IS

EDWOSB

SMALL BUSINESS PROGRAM

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

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

36. PAYMENT

COMPLETE PARTIAL FINAL

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 The Contractor shall furnish and deliver one (1) Ozone

Exposure Chamber, Brand Name or Equal to the Oxidation Technologies CH2 Ozone Chamber, in accordance with the minimum technical requirements set forth in the Requirements Document.

See Attachment 1, Technical Specifications, for detailed performance and functional requirements.

PR NUMBER: NB731070-26-01019

1.00 EA

PAGE 3 OF 15 1333ND26QNB730304

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 DEV JAN 2026

52.209-10, Prohibition on Contracting

Addendum to 52.212-1, Instructions to Offerors

52.212-2 Evaluation- Commercial Products

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)

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017) 11

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

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-REPRESENTATION (NOV 2015)... 11

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)

52.226-7DRUG-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)

1352.233-70 AGENCY PROTESTS (APR 2010)

1352.233-71 GAO AND COURT OF FEDERAL CLAIMS 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 15 1333ND26QNB730304

CLAUSES

Requirements Document

PAGE 5 OF 15 1333ND26QNB730304

REQUIREMENTS DOCUMENT

Title: Ozone Testing Chamber Requesting Lab: Environmental Laboratory

I. BACKGROUND INFORMATION

The National Institute of Standards and Technology (NIST) Engineering Laboratory (EL) Materials and Structural Systems Division (MSSD) supports basic research and the development of test methods in response to a crisis for homeowners in Northeastern Connecticut, where residential foundations have crumbled and cracked because of the inclusion of aggregate containing the mineral pyrrhotite. The damage occurs over a period of years, limiting researchers’ ability to study the phenomenon in the lab. Currently proposed methods to accelerate the oxidation process at the heart of the problem are ineffectual or have secondary effects that complicate the analysis of results.

MSSD is studying the use of ozone exposure as an effective accelerator that introduces fewer complicating factors. Preliminary small-scale experiments showed promising results but were limited by the range of achievable ozone concentrations in the equipment used, the inability to continuously expose the sample to ozone, and the size of the sample chamber. A dedicated ozone exposure chamber is required to meet milestones and goals.

The MSSD will benefit from this purchase of a dedicated ozone exposure chamber capable of a large range in ozone concentrations (0 - 1000 ppm), as it will allow for testing of aggregate samples for reactivity, evaluation of aggregate-concrete reactions, and investigation of potential mitigation strategies. This work is necessary to develop effective test methods and produce data on the reactions that can be used to inform improved industry concrete practices. Each of these goals cannot be met without this purchase.

Purpose/Objective: The purpose of this acquisition is to enable accelerated experiments studying concrete degradation due to sulfide mineral oxidation and testing of construction materials for oxidation reactivity. This equipment will allow performance of current milestone work and development of future testing methods.

II. SCOPE

The Contractor shall provide and deliver a quantity of one (1) Ozone Exposure Chamber. inclusive of FOB Destination delivery.

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 authorized for sale in the U.S. by the Contractor is 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: Ozone Exposure Chamber – BRANDNAME OR EQUAL to the CH2 Ozone Chamber manufactured by Oxidation Technologies LLC.

PAGE 6 OF 15 1333ND26QNB730304

Quantity: 1

The Contractor shall provide a product that meets or exceed the salient characteristics identified below.

A. Technical Specifications

a. UV ozone generator capable of 500 mg/hr ozone from dry air feed gas to achieve an ozone concentration range of 0-1000 ppm (mg/kg).

b. A minimum exposure chamber size of 3 cubic feet.

a. Unit must have an ozone analyzer used to measure ozone inside the chamber and a method to alert users when ozone is in the chamber.

b. The unit must have an ozone destruct unit to convert O3 to O2 and not require special venting.

c. Unit must have an interlock to prevent opening when ozone is in the chamber.

d. Unit should have an ambient ozone leak sensor.

IV. DELIVERABLES

Description Quantity or Format Due Date

Ozone Exposure Testing Chamber

One 6-8 weeks ARO

V. PLACE OF PERFORMANCE

NIST Gaithersburg Campus, MD

VI. PERIOD OF PERFORMANCE/LEAD TIME

Lead time 6-8 weeks.

VII. DELIVERY TERMS

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

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

National Institute of Standards and Technology Shipping and Receiving 100 Bureau Drive, Building 301 Gaithersburg, MD 20899 Cody Strack, BLDG 226

PAGE 7 OF 15 1333ND26QNB730304

***Due to ongoing limited site access of the NIST facilities, the Awardee SHALL confirm with the Designated Government Official and the Contracting Officer prior to ANY shipment to NIST***

VIII. INSPECTION & ACCEPTANCE

In addition to the inspection and acceptance terms articulated in 52.212-4, 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.

NIST may choose at its discretion to forego this part of acceptance testing.

A visual inspection of the equipment will be performed by the NIST TPOC to identify surface defects or any form of indication that any equipment was damaged during transport to NIST. The Government shall have sole discretion to require repair or replacement of damaged and/or nonconforming supplies at no cost to the Government. The Government at any time prior to acceptance shall reject the equipment due to defects and/or nonconformance. The vendor is responsible for latent defects discovered any time after final inspection. However, the extent of its liability shall be prorated over the useful life of the equipment.

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

The Government will test, inspect, and accept or reject the equipment within (insert working days it will take to inspect, accept or reject) of the receipt of the equipment unless otherwise indicated above. The Government reserves the right to conduct quality assurance testing to confirm that a given instrument(s) meets the manufacturer’s and/or the Government’s performance specifications. It is anticipated that the equipment will meet all manufacturer’s specifications and/or the Government’s performance specifications identified in the most recent operations and maintenance manual for each piece of equipment and/or in this document.

IX. WARRANTY

The contractor shall warranty the entire system for a period of a minimum of 1 year after receipt of the equipment and shall be in accordance with terms in FAR 52.212-4. Warranty shall commence upon acceptance of the system by the Government and at a minimum shall include the following:

X. PAYMENT SCHEDULE

PAGE 8 OF 15 1333ND26QNB730304

Advance payment is not authorized. The Contractor must invoice in arrears according to the payment schedule. The Contractor shall be paid, in accordance with Net 30-day payment terms, upon receipt and acceptance of a proper invoice, in accordance with the following schedule:

1. 100% after installation and acceptance by the TPOC of fully installed system, AND

2. After the successful completion of the testing requirements set forth in this document under section set forth in this document, AND

3. After successful demonstration by the instrumentation that it performs IAW the technical requirements set forth in this document AND

4. After receiving an invoice submitted properly, IAW the purchase order terms and conditions.

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.

XI. MISCELLANEOUS INFORMATION

Safety: The Contractor employee must be responsible for knowing and complying with all 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 is shown to the armed Security Police when entering the campus.

Regular Business Hours. Regular business hours are Monday through Friday, (revise as applicable 8:00 am to 5:00 pm) Eastern Time, excluding Federal holidays and NIST closures.

Identification Badges: Contractor employees must comply with NIST identification and access requirements. Each Contractor employee must 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, proof of insurance and current registration must be presented to the NIST Security Office, at which time a NIST vehicle pass will be issued.

The pass must be displayed on the vehicle in accordance with NIST Security Office instructions.

52.204-10 Reporting Executive Compensation

52.204-13 System For Award Management Maintenance

52.204-7 System For Award Management DEV JAN 2026

52.209-10, Prohibition on Contracting

Addendum to 52.212-1, Instructions to Offerors

PAGE 9 OF 15 1333ND26QNB730304

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 12:00 PM Eastern Time, July 10, 2026. E-mail quotations shall be submitted directly to the Contract Specialist at marvin.jean@nist.gov with a copy to the Contracting Officer at robert.cowins@nist.gov.

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

INQUIRIES:

Quoters must submit all questions concerning this solicitation in writing to both the Contract Specialist Marvin Jean (marvin.jean@nist.gov) and the Contracting Officer, Robert Cowins (robert.cowins@nist.gov). Questions should be received no later than July 7, 2026 at 11:59PM Eastern Time. 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, if necessary:

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

Volume I - Technical Quotation:

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

Technical Capability:

a) Technical description and/or product literature. Quoters shall include the manufacturer, make and model of the product, manufacturer sales literature, or other product literature that CLEARLY DOCUMENTS that the quoted products meet or exceed all specifications outlined in the 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) If applicable, evidence that he quoter is authorized by the manufacturer to sell the item(s) in the quotation.

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

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

Volume II - Price Quotation:

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

a) The solicitation number

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

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

d) A firm fixed price for each required line item, including a unit price and total amount where applicable, and the aggregate quoted firm fixed price for the requirement. Where the Government has identified a line item as requiring a Not to Exceed price, quoters shall comply with this.

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

f) Any applicable discount terms.

Volume III – Terms and Conditions:

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

Note: System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in this solicitation. Contracting officers will rely on representations from offers based on provisions in the solicitation. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

Acceptance of Terms and Conditions:

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

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

52.212-2 Evaluation- Commercial Products

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)

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

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)

52.226-7 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)

PAGE 11 OF 15 1333ND26QNB730304

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

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)

The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

(End of clause)

1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

The contractor shall comply with all applicable laws, rules and regulations which deal with or relate to performance in accord with the terms of the contract.

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

(a) Purpose. The purpose of this clause is to ensure that the contractor and its subcontractors:

(1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work under this contract, and

(2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract.

(b) Scope. The restrictions described herein shall apply to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest (hereinafter collectively referred to as "contractor") in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both.

(c) Warrant and Disclosure. The warrant and disclosure requirements of this paragraph apply with full force to both the contractor and all subcontractors. The contractor warrants that, to the best of the contractor?s knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the contractor has disclosed all relevant information regarding any actual or potential conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor?s impartiality because of the appearance or existence of bias or an unfair competitive advantage. Such disclosure shall include a description of the actions the contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest.

(d) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the contract for default, suspend or debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract.

(e) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and (g), in any subcontract or consultant agreement at any tier expected to exceed the simplified acquisition threshold. The terms "contract," "contractor," and "Contracting Officer" shall be appropriately modified to preserve the Government?s rights.

(f) Prime Contractor Responsibilities. The contractor shall obtain from its subcontractors or consultants the disclosure required in FAR Part 9.507-1, and shall determine in writing whether

PAGE 12 OF 15 1333ND26QNB730304

the interests disclosed present an actual, or significant potential for, an organizational conflict of interest. The contractor shall identify and avoid, neutralize, or mitigate any subcontractor organizational conflict prior to award of the contract to the satisfaction of the Contracting Officer. If the subcontractor?s organizational conflict cannot be avoided, neutralized, or mitigated, the contractor must obtain the written approval of the Contracting Officer prior to entering into the subcontract. If the contractor becomes aware of a subcontractor?s potential or actual organizational conflict of interest after contract award, the contractor agrees that the Contractor may be required to eliminate the subcontractor from its team, at the contractor?s own risk.

(g) Waiver. The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the contractor may at any time seek a waiver from the Head of the Contracting Activity by submitting such waiver request to the Contracting Officer, including a full written description of the requested waiver and the reasons in support thereof.

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:

NIST/ACQUISITION MANAGEMENT DIVISION

ATTN: ROBERT COWINS, CONTRACTING OFFICER

100 Bureau Drive, MS 1640

(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: NIST/ACQUISITION MANAGEMENT DIVISION

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

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

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

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

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

U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building

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14th Street and Constitution Avenue, N.W.

Washington, D.C. 20230.

FAX: (202) 482-5858

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, 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.

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

NIST LOCAL-54 ELECTRONIC BILLING INSTRUCTIONS

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

Each Invoice or Voucher submitted shall include the following:

(1) Contract number;

(2) Contractor name and address;

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

(4) Date of invoice;

(5) Invoice number;

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

(7) Contract Line Item Number (CLIN);

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

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

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

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

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

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

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

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

(866) 973-3131.

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

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marvin.jean@nist.gov

100 BUREAU DRIVE STOP 1640

BUILDING 301 ROOM B129

GAITHERSBURG MD 20899-1640

BUILDING 301 SHIPPING AND RECEIVING

100 BUREAU DRIVE

GAITHERSBURG MD 20899-0001