Solicitation 1333ND26RNB190014 - B215 HEPA Filters.pdf

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

See Attached

STANDARD FORM 1442 (REV. )

Prescribed by GSA - FAR (48 CFR) 53.236-1(d)

1333ND26RNB190014

NATIONAL INST OF STDS AND TECHNOLOGY

100 BUREAU DRIVE STOP 1640

BUILDING 301 ROOM B129

GAITHERSBURG MD 20899-1640

NATIONAL INST OF STDS AND TECHNOLOGY

100 BUREAU DRIVE STOP 1640

BUILDING 301 ROOM B129

GAITHERSBURG MD 20899-1640

NB195000-26-00181

000SB

RICHARD STEVENS 301-975-2797 richard.stevens@nist.gov

1 67

JUL 06, 2026

1:00 PM ET

000SB

8/2014

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT

NUMBER

DATE.

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

27. PAYMENT WILL BE MADE BY

10 U.S.C. 2304(c) ( )

20b. SIGNATURE 20c. OFFER DATE

STANDARD FORM 1442 (REV. ) BACK1333ND26RNB190014 8/2014

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Contract shall provide all labor, materials, equipment, and supervision necessary to complete the Building 215 Clean Room HEPA filter replacement construction project in accordance with the Statement of Work and associated construction documents.

PR NUMBER: NB195000-26-00181

1.00 EA

PAGE 3 OF 67 1333ND26RNB190014

Table of Contents

SECTION C DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 STATEMENT OF WORK

SECTION E INSPECTION AND ACCEPTANCE

E.1 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

E.2 1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

SECTION G CONTRACT ADMINISTRATION DATA

G.1 1352.201-70 CONTRACTING OFFICER?s AUTHORITY (APR 2010)

G.2 1352.201-72 CONTRACTING OFFICER`S REPRESENTATIVE (COR) (APR 2010)

G.3 NIST LOCAL-54ELECTRONIC BILLING INSTRUCTIONS

SECTION H SPECIAL CONTRACT REQUIREMENTS

H.1 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

H.2 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

H.3 1352.228-70 INSURANCE COVERAGE (APR 2010)

H.4 1352.228-72 DEDUCTIBLES UNDER REQUIRED INSURANCE COVERAGE- FIXED PRICE (APR 2010)

H.5 1352.237-71 SECURITY PROCESSING REQUIREMENTS - LOW RISK CONTRACTS (APR 2010)

H.6 1352.237-75 KEY PERSONNEL (APR 2010)

SECTION I CONTRACT CLAUSES

I.1 RFO Clause Deviations by Reference - Section I

I.2 52.204-91 Contractor Identification

I.3 52.225-9 Buy American Construction Materials

I.4 52.203-3 GRATUITIES (APR 1984)

I.5 52.203-12LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN 2020)

I.6 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

I.7 52.204-19INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

I.8 52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

I.9 FAR 52.211-12 Liquidated Damages Deviation

I.10 52.212-5CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025)

I.11 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)

I.12 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS --OVERTIME COMPENSATION (MAY 2018)

I.13 52.222-5 Construction Wage Rate Requirements Secondary Site of the Work (May 2014)

I.14 52.222-7 WITHHOLDING OF FUNDS (MAY 2014)

I.15 52.222-8PAYROLLS AND BASIC RECORDS (JUL 2021)

I.16 52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)

I.17 52.222-12 CONTRACT TERMINATION--DEBARMENT (MAY 2014)

I.18 52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND RELATED REGULATIONS (MAY

2014)

I.19 52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

I.20 52.222-15 CERTIFICATION OF ELIGIBILITY (MAY 2104)

I.21 52.223-5POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2024)

I.22 52.226-7DRUG-FREE WORKPLACE (MAY 2024)

I.23 52.227-1AUTHORIZATION AND CONSENT (JUN 2020)

I.24 52.227-2NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (JUN 2020)

I.25 52.227-4 PATENT INDEMNITY--CONSTRUCTION CONTRACTS (DEC 2007)

I.26 52.228-1 BID GUARANTEE (SEP 1996)

I.27 52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)

I.28 52.228-5 INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

PAGE 4 OF 67 1333ND26RNB190014

Table of Contents

I.29 52.228-11INDIVIDUAL SURETY--PLEDGE OF ASSETS (FEB 2021)

I.30 52.228-12PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS (DEC 2022)

I.31 52.228-15PERFORMANCE AND PAYMENT BONDS--CONSTRUCTION (JUN 2020)

I.32 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)

I.33 52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014)

I.34 52.232-17 INTEREST (MAY 2014)

I.35 52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

I.36 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2017)

I.37 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

I.38 52.232-40PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (MAR 2023)

I.39 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

I.40 52.242-13 BANKRUPTCY (JUL 1995)

I.41 52.242-14 SUSPENSION OF WORK (APR 1984)

I.42 52.243-4 CHANGES (JUN 2007)

I.43 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

I.44 52.248-3VALUE ENGINEERING--CONSTRUCTION (OCT 2025)

I.45 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR 2012)

I.46 52.249-2 I TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR 2012)-- ALTERNATE

I (SEP 1996)

I.47 52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)

I.48 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

I.49 52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

SECTION J LIST OF ATTACHMENTS

J.1 LIST OF ATTACHMENTS

SECTION K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

K.1 RFO Deviations by Reference - Section K

K.2 52.203-11CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (SEP 2024)

K.3 52.204-90 Offeror Identification

K.4 52.219-1 Small Business Program Representation

K.5 52.222-38 COMPLIANCE WITH VETERANS` EMPLOYMENT REPORTING REQUIREMENTS (FEB 2016)

K.6 52.223-4RECOVERED MATERIAL CERTIFICATION (MAY 2008)

SECTION L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 INSTRUCTIONS TO OFFERORS

L.2 RFO Deviations by Reference - Section L

L.3 52.216-1 Type of Contract

L.4 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT--CONSTRUCTION MATERIALS (MAY 2014)

SECTION M EVALUATION FACTORS FOR AWARD

M.1 BASIS FOR AWARD

PAGE 5 OF 67 1333ND26RNB190014

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 STATEMENT OF WORK

PAGE 6 OF 67 1333ND26RNB190014

Building 215 – Clean Room HEPA Filter Replacement

STATEMENT OF WORK (SOW)

FOR CONSTRUCTION

May 6, 2026

PART 1 - BACKGROUND

In 2021 NIST completed a design contract with Burdette Koehler Murphy Associates Inc. (BKM) for work in Building 215 Cleanroom, part of the Advanced Measurement Laboratory (AML). The AML was completed and occupied in 2005. It is one of the most advanced laboratories of its type in the world.

The cleanroom facility within the AML complex houses an 1800 square meter cleanroom, of which 750 square meters is Class 100. The Design that BKM completed includes:

1. Perform Pre-demolition testing of mechanical equipment.

2. Replace ~70 variable air volume terminal units.

3. Repair and perform diagnostics of existing control systems to confirm operation of existing dampers, valves and sensors.

4. Replace ~54 existing airflow monitors.

5. Install ~32 new exhaust air valves to control exhaust branch ductwork airflows.

6. Repair or modify existing exhaust or supply ductwork.

7. Replace all ~1200 existing terminal supply HEPA filters, repair supply connections, balance, and certification new HEPA filter.

8. Rebalance air handling units, exhaust fans, exhaust tools.

9. Perform rebalance of cleanroom to maintain proper room pressurization.

10. Perform recertification of cleanroom.

11. Verify and repair/replace capped ducts as needed.

When the design requirement originated, the NIST COR and customer agreed on one, 16-19 month shutdown for the work to be completed. Since this decision was made, the customer requirement has changed; the construction contractor must limit outages by scheduling, planning, and containing cleanroom bays from adjacent spaces AND by working 24/7 starting Friday evenings at 7PM until outages of cleanrooms are brought back online. Outages must be completed over 9 total days, inclusive of weekends, and cleanroom re-occupancy must occur the following Monday morning at 7AM.

NIST, via BKM, has included a written and well-documented phasing plan to assist the construction contractor meet the current NIST requirement. See Attachment.

PART 2 - OBJECTIVES

This contract is intended to perform construction services for the Building 215 Cleanroom. Specific requirements are defined within the Construction Documents (Drawings and Specifications).

PAGE 7 OF 67 1333ND26RNB190014

The NIST Acquisition Management Division (AMD) will make a Firm Fixed Price award with two (2) Contract Line-Item Numbers (CLINs).

CLIN 0001 – Building 215 Cleanroom HEPA Filter Replacement, Repair, Rebalance, and Recertification

CLIN 0002 – Maintenance Drawdown

PART 3 - SCOPE

Construction task orders anticipated for this contract include, but are not limited to:

Building 215 HEPA Filter Replacement, Repair, Rebalance, and Recertification – Contractor shall furnish all labor, materials, and equipment necessary to complete the tasks as assigned and in accordance with the specifications and drawings. CONSTRUCTION DOCUMENTS

(DRAWINGS AND SPECIFICATIONS) FOR THIS REQUIREMENT WILL BE TRANSMITTED UNDER

SEPARATE COVER.

o The Base Bid for variable air volume (VAV) terminal units shall include Alternate 1 (i.e.

all VAV controllers and terminal units shall be replaced)

The construction contractor must limit cleanroom bay outages by scheduling, planning, and containing cleanroom bays from adjacent spaces AND by working 24/7 starting Friday evenings for 9 continuous days.

o The Cleanroom facility comprises 14 individual Cleanroom bays, each connected via equipment galleys, corridors, gowning areas, and other support spaces. NIST requires that each Cleanroom Bay be isolated and shut down individually during each phase of construction, allowing the remaining bays to remain operational. This phased approach will continue until construction is completed in all Cleanroom areas.

NIST will allow up to 4 (four) additional weekend outages of the total Cleanroom over the POP of this requirement.

All outages must be submitted 3 weeks in advance and must be approved by the COR 2 weeks in advance.

Total Construction Activity time is limited to 560 calendar days (20 months)

Liquidated Damages to be applied to outage work that extends beyond 9 calendar days.

The contractor shall protect and work around irreplaceable existing tools and equipment to prevent damage. Information on existing equipment is available at:

PAGE 8 OF 67 1333ND26RNB190014

https://www.nist.gov/cnst/equipment The contractor will maintain adequate insurance for repair, replacement, and manufacturer recertification of any damaged equipment.

WORK REQUIREMENTS

A full range of construction activities will be required under this contract, including, but not limited to:

Demolition activities Containment Cleanroom Specialties HVAC Specialties

DELIVERY

Deliverables shall be specified by the construction documents for each task order. Deliverables common to all task orders under this contract include:

Delivera ble

Description Quantity/Media Date Required

1 Contractor PIV Badge Applications

Completed forms Within 15 days of task order award

2 Contractor activity hazard analysis (job specific health and safety plan)

Electronic PDF submission

Within 15 days of task order award

3 Submittal schedule Electronic PDF submission

Within 15 days of

NTP

4 Key personnel assignments

Electronic PDF submission

Within 15 days of

NTP

5 Site Coordination Application

Electronic PDF submission

Within 30 days of

NTP

6 Construction Schedule Electronic submission

Within 15 days of

PAGE 9 OF 67 1333ND26RNB190014

(format TBD) NTP

7 Construction Security Plan Electronic Submission

Within 30 days of constructio n start

GOVERNMENT FURNISHED PROPERTY, MATERIAL, EQUIPMENT, OR INFORMATION

Government furnished property, material, equipment, and information will be identified in the construction documents for each task order.

PART 4 - SECURITY

All contract employees are required to obtain badging for this contract. Contractor shall plan for up to three (3) full days per employee at NIST to apply for and collect badges.

Definitions:

PIV (Site Badge) (GREEN)

A PIV Badge for longer than 180 days requires a Tier-1 investigation, National Agency Check with Inquiries (NACI) Application , Successful submission of fingerprints, Successful submission of eQIP.

o The SF-85 Form highlights the information that will be required for eQIP

PART 5 - SPECIAL REQUIREMENTS

1) Prime Contractor shall employ a Superintendent, with decision making authority, to be always on site whenever work is being performed.

2) The contractor shall always have a Job Foreman onsite whenever any work is being performed.

The Job Foreman shall be a certified installer of a qualified manufacturer for the system being installed.

PART 6 - PLACE OF PERFORMANCE

Gaithersburg, MD – Building 215

PART 7 - PERIOD OF PERFORMANCE

730 days from NTP.

PAGE 10 OF 67 1333ND26RNB190014

See specification sections for work hours and other NIST-specific requirements.

PART 8 - ATTACHMENTS

1. Guidelines for Contractors and A-E firms - September 9 2025

2. BUILDING 215 CLEANROOM REBALANCE Drawings

3. BUILDING 215 CLEANROOM REBALANCE Specifications

4. BUILDING 215 Phasing Plan 100%

5. BUILDING 215 CLEANROOM REBALANCE 35% Report (for historical purposes)

6. Construction Security Plan Information_rev 2022-09-16

END OF SOW

PAGE 11 OF 67 1333ND26RNB190014

SECTION E

INSPECTION AND ACCEPTANCE

E.1 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

(Reference 52.246-12)

E.2 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:

NIST Gaithersburg

(End of clause)

PAGE 12 OF 67 1333ND26RNB190014

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 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.

G.2 1352.201-72 CONTRACTING OFFICER`S REPRESENTATIVE (COR) (APR 2010)

(a) Drew Comley is hereby designated as the Contracting Officer`s Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at:

NIST

100 Bureau Drive Building 301, Room B172-WSD Gaithersburg, MD 20899 Phone Number: 301-975-6178 Email: drew.comley@nist.gov

(b) The responsibilities and limitations of the COR are as follows:

(1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.

(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor.

G.3 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 13 OF 67 1333ND26RNB190014

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 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.

H.2 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 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.

H.3 1352.228-70 INSURANCE COVERAGE (APR 2010)

PAGE 14 OF 67 1333ND26RNB190014

(a) Workers Compensation and Employer?s Liability. The contractor is required to comply with applicable federal and state workers'' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer?s liability section of the insurance policy, except when contract operations are so commingled with a contractor?s commercial operations that it would not be practical to require this coverage. Employer?s liability coverage of at least $100,000 shall be required, except in states with exclusive or monopolistic funds that do not permit workers'' compensation to be written by private carriers.

(b) General liability.

(1) The contractor shall have bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(2) When special circumstances apply in accordance with FAR 28.307-2(b), Property Damage Liability Insurance shall be required in the amount of $10,000,000.00 .

(c) Automobile liability. The contractor shall have automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract.

Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

(d) Aircraft public and passenger liability. When aircraft are used in connection with performing the contract, the contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

(e) Vessel liability. When contract performance involves use of vessels, the Contractor shall provide, vessel collision liability and protection and indemnity liability insurance as determined by the Government.

H.4 1352.228-72 DEDUCTIBLES UNDER REQUIRED INSURANCE COVERAGE- FIXED PRICE (APR 2010)

When the Government is injured, wholly or partially as a result of the contractor?s actions and such actions are covered by the insurance required by 1352.228-70, Insurance Coverage, the Government is entitled to recover from the contractor the full amount of any such injury attributable to the contractor regardless of a deductible. The Contracting Officer may offset the amount of recovery against any payment due to the contractor.

H.5 1352.237-71 SECURITY PROCESSING REQUIREMENTS - LOW RISK CONTRACTS (APR 2010)

(a) Investigative Requirements for Low Risk Contracts. All contractor (and subcontractor) personnel proposed to be employed under a Low Risk contract shall undergo security processing by the Department?s Office of Security before being eligible to work on the premises of any Department of Commerce owned, leased, or controlled facility in the United States or overseas, or to obtain access to a Department of Commerce IT system. All Department of Commerce security processing pertinent to this contract will be conducted at no cost to the contractor.

(b) Investigative requirements for Non-IT Service Contracts are:

(1) Contracts more than 180 days - National Agency Check and Inquiries (NACI)

(2) Contracts less than 180 days - Special Agency Check (SAC)

(c) Investigative requirements for IT Service Contracts are:

(1) Contracts more than 180 days - National Agency Check and Inquiries (NACI)

(2) Contracts less than 180 days - National Agency Check and Inquiries (NACI)

(d) In addition to the investigations noted above, non-U.S. citizens must have a background check that includes an Immigration and Customs Enforcement agency check.

(e) Additional Requirements for Foreign Nationals (Non-U.S. Citizens). Non-U.S. citizens (lawful permanent residents) to be employed under this contract within the United States must have:

(1) Official legal status in the United States;

(2) Continuously resided in the United States for the last two years; and

(3) Obtained advance approval from the servicing Security Officer in consultation with the Office of Security headquarters.

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(f) DOC Security Processing Requirements for Low Risk Non-IT Service Contracts. Processing requirements for Low Risk non-IT Service Contracts are as follows:

(1) Processing of a NACI is required for all contract employees employed in Low Risk non-IT service contracts for more than 180 days. The Contracting Officer?s Representative (COR) will invite the prospective contractor into e-QIP to complete the SF-85. The contract employee must also complete fingerprinting.

(2) Contract employees employed in Low Risk non-IT service contracts for less than 180 days require processing of Form OFI-86C Special Agreement Check (SAC), to be processed. The Sponsor will forward a completed Form OFI-86C, FD-258, Fingerprint Chart, and Credit Release Authorization to the servicing Security Officer, who will send the investigative packet to the Office of Personnel Management for processing.

(3) Any contract employee with a favorable SAC who remains on the contract over 180 days will be required to have a NACI conducted to continue working on the job site.

(4) For Low Risk non-IT service contracts, the scope of the SAC will include checks of the Security/Suitability Investigations Index (SII), other agency files (INVA), Defense Clearance Investigations Index (DCII), FBI Fingerprint (FBIF), and the FBI Information Management Division

(FBIN).

(5) In addition, for those individuals who are not U.S. citizens (lawful permanent residents), the Sponsor may request a Customs Enforcement SAC on Form OFI-86C, by checking Block #7, Item I. In Block 13, the Sponsor should enter the employee?s Alien Registration Receipt Card number to aid in verification.

(6) Copies of the appropriate forms can be obtained from the Sponsor or the Office of Security.

Upon receipt of the required forms, the Sponsor will forward the forms to the servicing Security Officer. The Security Officer will process the forms and advise the Sponsor and the Contracting Officer whether the contract employee can commence work prior to completion of the suitability determination based on the type of work and risk to the facility (i.e., adequate controls and restrictions are in place). The Sponsor will notify the contractor of favorable or unfavorable findings of the suitability determinations. The Contracting Officer will notify the contractor of an approved contract start date.

(g) Security Processing Requirements for Low Risk IT Service Contracts. Processing of a NACI is required for all contract employees employed under Low Risk IT service contracts.

(1) Contract employees employed in all Low Risk IT service contracts will require a National Agency Check and Inquiries (NACI) to be processed. The Contracting Officer?s Representative (COR) will invite the prospective contractor into e-QIP to complete the SF-85. Fingerprints and a Credit Release Authorization must be completed within three working days from start of work, and provided to the Servicing Security Officer, who will forward the investigative package to OPM.

(2) For Low Risk IT service contracts, individuals who are not U.S. citizens (lawful permanent residents) must undergo a NACI that includes an agency check conducted by the Immigration and Customs Enforcement Service. The Sponsor must request the ICE check as a part of the NAC.

(h) Notification of Disqualifying Information. If the Office of Security receives disqualifying information on a contract employee, the Sponsor and Contracting Officer will be notified. The Sponsor shall coordinate with the Contracting Officer for the immediate removal of the employee from duty requiring access to Departmental facilities or IT systems. Contract employees may be barred from working on the premises of a facility for any of the following reasons:

(1) Conviction of a felony crime of violence or of a misdemeanor involving moral turpitude.

(2) Falsification of information entered on security screening forms or of other documents submitted to the Department.

(3) Improper conduct once performing on the contract, including criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct or other conduct prejudicial to the Government regardless of whether the conduct was directly related to the contract.

(4) Any behavior judged to pose a potential threat to Departmental information systems, personnel, property, or other assets.

(i) Failure to comply with security processing requirements may result in termination of the contract or removal of contract employees from Department of Commerce facilities or denial of access to IT systems.

(j) Access to National Security Information. Compliance with these requirements shall not be construed as providing a contract employee clearance to have access to national security information.

(k) The contractor shall include the substance of this clause, including this paragraph, in all subcontracts.

(End of Clause)

H.6 1352.237-75 KEY PERSONNEL (APR 2010)

(a) The contractor shall assign to this contract the following key personnel:

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Project Manager Superintendent

(b) The contractor shall obtain the consent of the Contracting Officer prior to making key personnel substitutions. Replacements for key personnel must possess qualifications equal to or exceeding the qualifications of the personnel being replaced, unless an exception is approved by the Contracting Officer.

(c) Requests for changes in key personnel shall be submitted to the Contracting Officer at least 15 working days prior to making any permanent substitutions. The request should contain a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. The Contracting Officer will notify the contractor within 10 working days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes.

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SECTION I

CONTRACT CLAUSES

I.1 RFO Clause Deviations by Reference - Section I

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RFO Deviation Clauses incorporated by Reference The Department of Commerce has issued Procurement Memorandum 2026-06, which issued a class deviation to implement the Revolutionary FAR Overhaul (RFO) and adopt the RFO model deviated text. This contract incorporates the following RFO deviation 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 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52.

RFO deviation clauses incorporated by reference:

Number Title Date 52.204-10 Reporting Executive Compensation and First-Tier Subcontract

Awards

DEVIATION

January 2026

52.204-13 System for Award Management—Maintenance DEVIATION January 2026

52.204-14 Service Contract Reporting Requirements DEVIATION January 2026

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

DEVIATION

January 2026

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations DEVIATION January 2026

52.212-4 Terms and Conditions—Commercial Products and Commercial Services

DEVIATION

January 2026

52.219-6 Notice of Total Small Business Set-Aside DEVIATION January 2026

52.219-8 Utilization of Small Business Concerns DEVIATION January 2026

52.219-14 Limitations on Subcontracting DEVIATION January 2026

52.219-28 Postaward Small Business Program Rerepresentation DEVIATION January 2026

52.222-4 Contract Work Hours and Safety Standards -Overtime Compensation

DEVIATION

January 2026

52.222-6 Construction Wage Rate Requirements DEVIATION January 2026

52.222-11 Subcontracts (Labor Standards) DEVIATION January 2026

52.222-19 Child Labor-Cooperation with Authorities and Remedies March 2026 52.222-35 Equal Opportunity for Veterans DEVIATION

January 2026 52.222-36 Equal Opportunity for Workers with Disabilities DEVIATION

January 2026

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52.222-37 Employment Reports on Veterans DEVIATION January 2026

52.222-50 Combating Trafficking in Persons DEVIATION January 2026

52.222-54 Employment Eligibility Verification DEVIATION January 2026

52.233-1 Disputes DEVIATION January 2026

52.233-3 Protest after Award DEVIATION January 2026

52.236-2 Differing Site Conditions DEVIATION January 2026

52.236-3 Site Investigation and Conditions Affecting the Work DEVIATION January 2026

52.236-5 Material and Workmanship DEVIATION January 2026

52.236-6 Superintendence by the Contractor DEVIATION January 2026

52.236-7 Permits and Responsibilities DEVIATION January 2026

52.236-8 Other Contracts DEVIATION January 2026

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

DEVIATION

January 2026

52.236-10 Operations and Storage Areas DEVIATION January 2026

52.236-11 Use and Possession Prior to Completion DEVIATION January 2026

52.236-12 Cleaning Up DEVIATION January 2026

52.236-13 Accident Prevention DEVIATION January 2026

52.236-14 Availability and Use of Utility Services DEVIATION January 2026

52.236-15 Schedules for Construction Contracts DEVIATION January 2026

52.236-17 Layout of Work DEVIATION January 2026

52.236-21 Specifications and Drawings for Construction DEVIATION January 2026

52.243-4 Changes DEVIATION June 2025

52.253-1 Computer Generated Forms DEVIATION

I.2 52.204-91 Contractor Identification

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52.204-91 Contractor Identification.

(DEVIATION January 2026)

Definitions. As used in this clause—

Commercial and Government Entity code means—

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

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

Unique entity identifier means an identifier used to identify a specific commercial, nonprofit, or Government entity.

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

(c) Commercial and Government Entity (CAGE) code. The Contractor shall ensure that the CAGE code is maintained throughout the life of the contract. The Contractor shall request changes to a CAGE code as indicated in the following table.

If the Contractor is… Then…

Registered in the System for Award Management (SAM) Initiate the change by updating its SAM registration

Located in the United States or its outlying areas and is not registered in SAM

Submit a change request to the DLA CAGE Branch via https://cage.dla.mil

Located outside the United States and its outlying areas and is not registered in

SAM

Request a change by contacting the appropriate National Codification Bureau ( https://www.nato.int/structur/ac/135/about/contacts) or NSPA ( https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx)

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

I.3 52.225-9 Buy American Construction Materials

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52.225-9 Buy American-Construction Materials.

(DEVIATION January 2026)

(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.

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (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 construction material.

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.

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Critical item means a domestic construction material or domestic end product that is deemed critical to U.S. supply chain resiliency. The list of critical items is at FAR 25.105.

Domestic construction material means—

(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-

(i) An unmanufactured construction material mined or produced in the United States; or

(ii) A construction material manufactured in the United States, if–

(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 for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material. 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 construction material 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 construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".

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 construction material means a construction material other than a domestic construction material.

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

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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) Domestic preference.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material 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 construction materials, excluding COTS fasteners. The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial product or to the construction materials or components listed by the Government as follows:

NONE [Contracting Officer to list applicable excepted materials or indicate "none"]

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-

(i) The cost of domestic construction material would be unreasonable.

(A) For domestic construction material that is not a critical item or does not contain critical components.

(1) The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;

(2) For construction material that is not a COTS item and does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that is manufactured in the United States and does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest offer of foreign construction material that exceeds 55 percent domestic content as a domestic offer and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(A)(1) of this clause.

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(3) The procedures in paragraph (b)(3)(i)(A)(2) of this clause will no longer apply as of January 1, 2030.

(B) For domestic construction material that is a critical item or contains critical components.

(1) The cost of a particular domestic construction material that is a critical item or contains critical components, subject to the requirements of the Buy American statute, is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent plus the additional preference factor identified for the critical item or construction material containing critical components listed at FAR 25.105.

(2) For…