A001_1333ND26RNB190022 Site Effluent.pdf

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

E. IMPORTANT: Contractor is not is required to sign this document and return copies to the issuing office.

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.

12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15C. DATE SIGNED

15A. NAME AND TITLE OF SIGNER (Type or print)

16C. DATE SIGNED

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

Previous edition unusable

A001

000SB

See Schedule

Richard Stevens

SEE ATTACHMENT PAGE

NB193000-26-00850

1333ND26RNB190022

1 21

JUL 16, 2026

JUN 09, 2026

Purpose of Amendment:

The Solicitation referenced in Block 9A, for requirements at the Gaithersburg, MD Campus of the National Institute of Standards and Technology (NIST), is hereby modified as follows:

1. Terminology Replacement:

Any and all references to "offer," "offeror," "offerors," "proposal," and "proposals" throughout the original solicitation document are hereby deleted in their entirety and replaced with "quote," "quoter," "quoters," and "quotes" respectively.

2. Addition of Commercial Provisions and Clauses that were omitted from the original solicitation:

The original solicitation was issued as a commercial construction requirement using RFO Part 12 procedures, in conjunction with applicable construction requirements under RFO FAR Part 36. However, to adhere to the required guidelines and in pursuant to FAR 52.252-1 and FAR 52.252-2, the following are ADDED by reference (those starred are hereby attached in full text):

Section I Clauses:

• *FAR 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services*

• FAR 52.203-6 (Alternate I) Restrictions on Subcontractor Sales to the Government

• FAR 52.204-91 Contractor Identification

• FAR 52.219-8 Utilization of Small Business Concerns

• FAR 52.219-14 Limitations on Subcontracting

• FAR 52.222-35 Equal Opportunity for Veterans

• FAR 52.222-37 Employment Reports on Veterans

• FAR 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

• FAR 52.222-54 Employment Eligibility Verification

• FAR 52.223-9 Estimate of Percentage of Recovered Material Content for

EPA-Designated Items

• FAR 52.240-91 Security Prohibitions and Exclusions

• FAR 52.240-93 Basic Safeguarding of Covered Contractor Information

Systems

• FAR 52.247-64 Preference for Privately Owned U.S.-Flag Commercial

Vessels Section K Provisions:

• FAR 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions

• FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation

• FAR 52.204-90 Offeror Identification

• FAR 52.223-4 Recovered Material Certification

• FAR 52.240-90 Security Prohibitions and Exclusions Representations and

Certifications

• *FAR 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services*

Section M Provisions:

• *FAR 52.212-2 Evaluation—Commercial Products and Commercial Services*

3. Deletion of Conflicting Clauses and Provisions:

The following provisions and clauses are hereby DELETED from the solicitation in their entirety, as they conflict with commercial acquisition standards under RFO FAR Part 12:

• FAR 52.215-8 Order of Precedence-Uniform Contract Format Overridden by the commercial Order of Precedence at FAR 52.212-4(r)

• FAR 52.215-21 Requirements for Certified Cost or Pricing Data

4. Update Section L.2 Instructions to Quoters:

A revised Section L.2 Instructions to Quoters is hereby attached.

5. Update Section M.1 Basis for Award:

A revised Section M.1 Basis for Award is hereby attached.

6. Government Responses to Quoter Questions:

Due to the technical nature of these inquiries, the Government required additional time beyond the original closing date to thoroughly evaluate the site conditions. The Government's formal responses to technical inquiries received (Attachment 5- Question and Answer Template) prior to the June 18, 2026 deadline is hereby attached.

7. Extension of Closing Date:

The solicitation is officially reopened. The closing date for the receipt of quotes is extended from June 25, 2026, at 12:00 PM ET to July 30, 2026 at 12:00 PM ET.

Submissions must be sent to sasha.bradford@nist.gov.

*ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT.*

Section L Provisions:

mailto:sasha.bradford@nist.gov

Section L.2 - Instructions to Quoters

DUE DATE FOR QUOTATIONS:

Quoters must submit their electronic quotations via email, by 12:00pm Eastern Time, July 30, 2026. E-mail quotations shall be submitted directly to the Contract Specialist at sasha.bradford@nist.gov

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

PRE-QUOTE INQUIRIES (CAR 1352.215-72):

Quoters must submit all questions concerning this solicitation in writing to the Contract Specialist listed above. Questions should be received no later than 3 calendar days after the issuance date of this solicitation. All responses to the questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation.

QUOTATION PREPARATION:

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, indexed (cross-indexed as appropriate) and logically assembled. Note: The term “indexed” refers to a table of contents that lists sections and page numbers. In the event that the Quoter is unable to create an indexed quotation, an alternative approach such as a Table of Contents shall suffice. All pages of the quotation shall be appropriately numbered. A cover letter may be included in addition to Volumes I-II discussed below.

In preparing the quotation, each volume shall be submitted as two (separate) attachments within the same electronic quote submission. For each given evaluation factor, the Government will only evaluate the information provided in the corresponding section of the quotation. The Quoter’s quotation shall be clearly divided into the following distinct volumes:

Volume I – Technical Quotation Volume II – Price Quotation

Volume I - Technical Quotation:

The technical quotation shall address the following evaluation factors:

Factor 1: Technical approach Factor 2: Schedule Factor 3: Price

Factor 1 - Technical Approach (20 Pages):

The Quoter(s) shall submit a:

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

i. One-page (1), single spaced narrative of understanding of the project scope.

ii. A company organization chart with any company personnel qualifications.

iii. Planned project personnel and qualifications.

iv. Two (2) single sided pages addressing the approach to quality control and safety that must include:

1. Personnel protective equipment (PPE) for working in raw sewage / effluent in a confined space.

2. PPE for personnel applying epoxy coating / lining in a confined space.

3. Approach to address the unique atmospheric, hazardous energy, physical, and environmental hazards of this project.

v. Three (3) verifiable examples of similar work completed withing the last three (3) years to include (Similar work can be a non-Federal building, but must have been similar scope for a mid-large size business entity. CPARS reports that demonstrate the required information are acceptable):

1. Project Name

2. Project Owner

3. Project Location

4. Project Value

5. Project Description

vi. Work Assignment: A narrative, of no more than three (3) single-sided pages, which shall include all aspects of the job as described in the Statement of Work specifically addressing who will conduct the work (Quoter or sub-contractor).

1. Provide a separate narrative of no more than three (3) single-sided pages, addressing the information in Item V.(1-5)as well as providing the name of proposed sub-contractor for any work element to include:

a. Company name and address

b. Company principals

c. Three (3) verifiable examples of similar work completed within the last three (3) years. (Similar work can be a non-Federal building, but must have been similar scope for a mid-large size business entity).

vii. Badging: Provide a one (1) page response stating the badging requirement is understood and company administrative involvement is essential to successfully badge any personnel.

1. Quoter must note any staff that is already badged at NISTor was formerly badged at NIST.

The Plan of Approach shall not exceed 20 single-sided pages (8.5” x 11”) in length using no smaller than 11-point font; this font size limit is applicable throughout the document to include tables, diagrams, and charts. *Please note, material data / information cut sheets, and or CPARS reports do not count toward the 20-page limit.

Factor 2 – Schedule (NO Page Limit):

The Quoter must propose a project schedule based on past experience, the provided NIST Site Effluent Treatment System drawing – Combined, and information garnered from the site visit.

The Quoter must submit a proposed period of performance and corresponding schedule for the provided CLIN.

(a) An estimated Notice to Proceed date of 14 September 2026 shall be used.

Volume II - Price Quotation:

Factor 3 – Price (No Page Limit):

Quotes must include the information identified below:

(a) The quoter must complete, sign, and submit the Standard Form (SF) 1449 in addition to any Amendment(s). An official having the authority to contractually bind the Quoter's company must sign the SF 1449 in accordance with the procedures prescribed in FAR 4.102.

(b) SAM Registration and Size Standards:

i. Quoters must include a copy of their current SAM registration including their representations and any self-certifications. An Quoter must represent its size status in accordance with the size standard in effect at the time of its representation that corresponds to the NAICS code that was initially assigned to the solicitation.

ii. Quoters must include a copy of their SBA designated socioeconomic status (if applicable).

iii. Quoters are reminded their SAM registration status must be “Active”, at the time their quote is submitted, to be considered for award (see FAR 52.204-7 Deviation January 2026).

(c) Complete Price Quote identifying lump sum price provided. In addition to a complete cost breakdown identifying all costs including personnel, labor, materials, profit, overhead, general administrative expenses, and all subcontractor costs.

a. The Quoter must use their own template to show cost breakdown.

(d) Bid Bond: Quoter(s) must include a Bid Bond at least 20% to the amount of their quote for the project.

a. Bid Bonds must be issued by a Surety certified by the U.S. Department of

Treasury and licensed to operate in the state of Maryland.

1. The Government reserves the right to eliminate from consideration for award, any or all quotes at any time prior to award of the contract.

2. Quoters must adhere to the following electronic submission guidelines:

a. Electronic submissions must be in Adobe PDF format only

b. No password-protected, zip, or self-extracting files shall be used.

c. Files shall not be larger than twenty-five (25) Megabytes (MB), which is the largest transmission that can be received by Government through email.

d. Quoters are encouraged to confirm their submissions have been successfully received. It is the sole responsibility of the Quoter to ensure that electronically submitted quotes, revisions, and modifications, reach the Government office designated by the time specified in the solicitation.

e. Responses shall consist of two (2) volumes, have a table of contents, and be separated by identifying tabs (Tabs and cover page are exempt from page count):

i. Technical Quotation (Volume 1)

ii. Price Quotation (Volume 2)

iii. Each Volume must have a cover letter that includes the following:

1. Solicitation Number and Project Title

2. Company name, address, UEI number, and CAGE number

3. Name, title, phone number, email address, and signature of the

Company Officer with signature authority.

3. Pages exceeding the stated limits will not be evaluated.

4. The Government shall not be liable for any costs incurred by the Quoter submitting a quote in response to this Solicitation.

5. 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 agency solicitations. Examples include 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation, 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Quoter Representations and Certifications—Commercial Products and Commercial Services. Contracting officers shall not consider or use these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

6. The original site-visit was conducted on Monday, June 15, 2026 at 11:00 AM ET. An additional site-visit will be conducted Thursday, July 23, 2026 at 11:00 Am ET. A list of individuals attending the site visit is due to sasha.bradford@nist.gov no later than 12:00 PM ET / 22 July 2026. The list must include each attendee’s full legal name (first, middle, and last). If an individual does not have a middle name, that must be explicitly stated.

7. In the event there are any inconsistencies between the base contract requirements and the contract

SOW(s), the contractor shall bring these to the attention of the contracting office not later than the questions due date.

8. Questions related to this solicitation must be received via email by Tuesday, July 28, 2026 at 12:00

PM ET to sasha.bradford@nist.gov.

9. Quotes to this solicitation must be received via email by sasha.bradford@nist.gov no later than 12:00 PM ET on Tuesday, August 4, 2026.

Section M.1 - BASIS FOR AWARD

Addendum to 52.212-2, Evaluation-Commercial Products and Commercial Services DEVIATION Jan 2026) applies to this procurement.

Evaluation:

The Government will award a single firm fixed price contract resulting from this solicitation to the responsible Quoter whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

Evaluation Factors - The following factors will be used to evaluate quoters:

(1) Technical Approach

The quoter must submit a technical approach and capability documentation which may include a narrative, charts, graphs, tables, drawings, product/ service literature, and as applicable, a demonstrated authority to perform the requirements identified in the Statement of Work (SOW). The approach must clearly describe, in sufficient detail, the quoter’s proposed items, services, resources, and methods to successfully meet the requirements. Evaluation of the technical approach shall be based on the information provided in the quotation.

NIST will evaluate whether the quoter has demonstrated that its proposed technical approach meets or exceeds all minimum requirements. Quotations that do not demonstrate a thorough understanding of all project requirements within the SOW and the capability to perform the work will not be considered further for award. If a quoter’s technical approach does not indicate whether it meets a certain minimum requirement, NIST will determine that it does not meet the requirements.

Quoters must demonstrate the ability to mobilize and commence work within 10 calendar days of notice to proceed. This may include evidence of current operations, personnel availability, or other resources sufficient to perform the work in the project location. Additionally, if the Contracting Officer determines a technical approach is primarily a copy and paste version of the SOW and solicitation requirements, it may be removed from any further consideration for award.

(2) Schedule

The quoter must submit a schedule detailing the estimated period of performance to perform the requirements. The schedule will be evaluated in terms of completeness and estimated timeliness of completion that demonstrates a thorough understanding of the work required.

(3) Factor 3 – Price

The quoter must submit a total price to include a detailed cost breakdown. The Government will evaluate price for reasonableness and completeness.

(b) Options (if applicable). The Government will evaluate quotes for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that a quote is unacceptable if the option prices are significantly unbalanced. The evaluation of options does not obligate the Government to exercise the option(s).

(c) Notice of award. A written notice of award or acceptance of a quote furnished to the successful Quoter within the time for acceptance specified in the quote, shall result in a binding contract without further action by either party. Before the quoter’s specified expiration time, the Government may accept a quote (or part of a quote), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

Q&A # Document Name / Attachment Number

Section and/or Page Number Offeror's Question NIST's Answer

1 Solicitation C.1

At the site visit, drawings of the existing system were shared. Can these be provided electronically so they can be utilized for subcontractor pricing? ( these are included at the end of the solicitation, but are too small to properly read)

A secure link will be sent to access the drawings in original size.

2 Solicitation C.1 Is there a preferred color for the FRP grating and supports?

Floor Green, Grey Ladders Yellow

3 Solicitation C.1 Please confirm that all components utilized inside the tank are to be explosion proof.

Yes

4 Solicitation C.1 Is it acceptable for the mixer support to be aluminum, as an FRP support may not be strong enough to support its weight and vibration?

Yes

5 Solicitation C.1 Are the PVC exhaust and intake air pipes to be replaced as well?

No

6 Solicitation C.1 Will an air balance report be required to verify the intake and exhaust air prior to project completion?

No

7 Solicitation C.1 Is there a make and model for the pH sensor? Georg Fischer (GF Signet) FLAT PH, PT1000

8 Solicitation C.1 Who will perform the final tie-in of the PH sensor to the monitoring panel?

Contractor

9 Solicitation C.1 Does the exterior ladder to the mixing manhole need replaced?

No

10 Solicitation C.1 The current PH sensor is operated pneumatically. Are the compressor and air lines currently operable, or should we plan to replace them as well?

Do not replace

11 Solicitation C.2

The electrical for the mixing vault feeds from the Chemical Storage Building subgrade in conduits. Given the amount of corrosion on the electrical piping within the vault, we can assume the connections to the PVC exterior to the vault are also in poor condition. How many feet of excavation and conduit replacement should we assume is required?

Underground electric from the building to tank is not included in the scope.

12 Solicitation Section L.2, ii Please confirm the Organization Chart is excluded from the page limitations.

The Technical Approach must not exceed 20 pages.

13 Solicitation Section L.2, iii For Planned project personnel and qualifications, are resumes acceptable?

Major item highlights suffice

14 Solicitation Section L.2, iii

If resumes are acceptable for iii, please confirm that they are excluded from the page limitations.

The Technical Approach must not exceed 20 pages. Any resumes submitted should specifically focus on what's being asked to perform the project and ideally should not exceed two pages.

15 Solicitation Section L.2 Please confirm a project can still be used even if we do not have a completed CPARS or PPQ for it.

With verifiable information, I have no issue with that. SCR

16 Solicitation Section L.2 Please confirm that the cover letter and table of contents do not count towards the page limitations.

The cover letter and table of contents do not count towards the page limitations.

17 Solicitation Section L.2, V and Vi

Section V states to include three project examples.

Section Vi, list instructions for the Work Assignment narrative, and then mentions section V again, restating similar instructions. Please confirm that only three project examples are required to be included for the prime contractor.

Section vi. Should just state the required work assignment narrative. 1-c of Section vi within L.2 is deleted.

18 Solicitation Section L.2, Vi

Please clarify if proposed subcontractors are to be provided as part of the Section Vi Work Assignment requirements or if we are to list the subcontractors used for our three project examples.

Subcontractors do not have to be listed for prior project examples, but are required to be listed for what is being proposed on this requirement.

19 Solicitation Section L.2 The instructions state to include a completed SF 1442, however, a SF 1449 was provided. Please confirm the SF 1449 is the correct form to include.

Confirming that the SF 1449 is correct to include.

Site Effluent System, 1333ND26RNB190022

ATTACHMENT 5 - QUESTION AND ANSWER TEMPLATE

Questions due by 12:00 PM EST on Thursday, June 18, 2026 via email to sasha.bradford@nist.gov.

RFO FAR CLAUSES- FULL TEXT DEVIATIONS

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

Instructions to Offerors—Commercial Products and Commercial Services (DEVIATION January 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.

(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 Evaluation—Commercial Products and Commercial Services

Evaluation—Commercial Products and Commercial Services (DEVIATION January 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:

Evaluation Factors:

Award shall be made to the responsible offeror who: (1) Meets all required specifications as determined by a review of documentation submitted in accordance within the Statement of Work and this solicitation. Offerors shall include documentation which CLEARLY DOCUMENTS capability to meet the specifications stated herein; and (2) propose a reasonable price.

Technical Approach: The quoter must submit a technical approach and capability documentation which may include a narrative, charts, graphs, tables, drawings, product/ service literature, and as applicable, a demonstrated authority to perform the requirements identified in the Statement of Work (SOW). The approach must clearly describe, in sufficient detail, the quoter’s proposed items, services, resources, and methods to successfully meet the requirements. Evaluation of the technical approach shall be based on the information provided in the quotation.

NIST will evaluate whether the quoter has demonstrated that its proposed technical approach meets or exceeds all minimum requirements. Quotations that do not demonstrate a thorough understanding of all project requirements within the SOW and the capability to perform the work will not be considered further for award. If a quoter’s technical approach does not indicate whether it meets a certain minimum requirement, NIST will determine that it does not meet the requirements.

Quoters must demonstrate the ability to mobilize and commence work within 10 calendar days of notice to proceed. This may include evidence of current operations, personnel availability, or other resources sufficient to perform the work in the project location. Additionally, if the Contracting Officer determines a technical approach is primarily a copy and paste version of the SOW and solicitation requirements, it may be removed from any further consideration for award.

Schedule: The quoter must submit a schedule detailing the estimated period of performance to perform the requirements. The schedule will be evaluated in terms of completeness and estimated timeliness of completion that demonstrates a thorough understanding of the work required.

Price: The Government will evaluate price for reasonableness.

(b) Options (if applicable). The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. The evaluation of options does not obligate the Government to exercise the option(s).

(c) Notice of award. A written notice of award or acceptance of an offer furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

(c) Violations. The Government may impose remedies set forth in paragraph (d) for the following violations:

(1) The Contractor has submitted a false certification regarding knowledge of the use of forced or indentured child labor for listed end products.

(2) The Contractor has failed to cooperate, if required, in accordance with paragraph (b) of this clause, with an investigation of the use of forced or indentured child labor by an Inspector General, Attorney General, or the Secretary of the Treasury.

(3) The Contractor uses forced or indentured child labor in its mining, production, or manufacturing processes.

(4) The Contractor has furnished under the contract end products or components that have been mined, produced, or manufactured wholly or in part by forced or indentured child labor. (The Government will not pursue remedies at paragraph (d)(2) or paragraph (d)(3) of this clause unless sufficient evidence indicates that the Contractor knew of the violation.)

(d) Remedies.

(1) The Contracting Officer may terminate the contract.

(2) The suspending and debarring official may suspend the Contractor in accordance with procedures in FAR subpart 9.4.

(3) The suspending and debarring official may debar the Contractor for a period not to exceed 3 years in accordance with the procedures in FAR subpart 9.4.

(End of clause)

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

Terms and Conditions—Commercial Products and Commercial Services (DEVIATION January 2026)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR

52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence.

Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C.

3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

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(C) Affected line item or subline item, if applicable;

(D) Contractor point of contact; and

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(5) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a termination for cause.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon—

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered under this contract are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.

(r) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services;

(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government-authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (s)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This clause does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(u) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

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