1333ND26RNB190030.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)

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. ) BACK

Attachment Page

PAGE 3 OF 116 1333ND26RNB190030

SF 1442 BLOCK 10 (CONTINUED)

Project: BUILDING 1 WING 6 SEAL ABOVE HALLWAY DOORS

Enter Price(s) in Section B.

This acquisition is a total small business set aside.

The NAICS for this acquisition is 236220; the Small Business Size Standard is $45.0 Million.

Verbal explanations given before award WILL NOT BE BINDING. Any changes will be made in writing by issuing amendment(s).

Offeror(s) shall acknowledge receipt of amendment(s) in block 19 of the SF 1442 or by returning a signed copy of the amendment(s) with their offer.

Notice to Proceed will not be issued until the contractor's Site Specific Safety Plan has been accepted.

Any award resulting from this solicitation will be subject to the City of Boulder Sales/Use Tax. No exemption certificate issued by the Colorado Department of Revenue or any other taxing authority shall be recognized as a basis for exemption from the City of Boulder Sales/Use Tax.

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Contractor shall provide all labor, equipment, and materials to accomplish the work set out in the attached

SOW.

Base Scope - Extend the B1W6 Demising Wall and Seal Demising Wall Penetrations

1.00 JB

OPT

0002 Contractor shall provide all labor, equipment, and materials to accomplish the work set out in the attached

SOW.

Option #1 - Reconstruct Storage Room #4089 and Seal Penetrations Within

Period of Performance: 07/15/2026 to 09/30/2027

0.00 JB

PAGE 4 OF 116 1333ND26RNB190030

Table of Contents

SECTION C DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 SOW - B1W6 Seal Above Hallway Doors

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 F DELIVERIES OR PERFORMANCE

F.1 52.242-14 SUSPENSION OF WORK (APR 1984)

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-53CONTRACT PERFORMANCE DURING CHANGES IN NIST OPERATING STATUS

G.4 NIST LOCAL-54ELECTRONIC BILLING INSTRUCTIONS

G.5 NIST LOCAL-56INVOICING PROCESSING PLATFORM-ALTERNATE I (DEC 2022)

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

H.4 1352.237-73 FOREIGN NATIONAL VISITOR AND GUEST ACCESS TO DEPARTMENTAL RESOURCES (APR 2010)..19

SECTION I CONTRACT CLAUSES

I.1 52.203-17CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS (NOV 2023)

I.2 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS

(JAN 2017)

I.3 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

I.4 52.204-13 System for Award Management Maintenance

I.5 52.204-19INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

I.6 52.209-6 Protecting the Governments Interest When

I.7 52.209-10 Prohibition on Contracting with Inverted

I.8 52.215-8 Order of Precedence - Uniform Contract Fo

I.9 52.215-21 Requirements for Certified Cost or Prici

I.10 52.217-7 Option for Increased Quantity

I.11 52.219-6 Notice of Total Small Business Set-Aside

I.12 52.219-28 Postaward Small Business Program Rerepre

I.13 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)

I.14 52.222-3 CONVICT LABOR (JUN 2003)

I.15 52.222-6 Construction Wage Rate Requirements

I.16 52.222-7 WITHHOLDING OF FUNDS (MAY 2014)

I.17 52.222-8PAYROLLS AND BASIC RECORDS (JUL 2021)

I.18 52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)

I.19 52.222-11 Subcontracts Labor Standards

I.20 52.222-12 CONTRACT TERMINATION--DEBARMENT (MAY 2014)

I.21 52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND RELATED REGULATIONS (MAY

2014)

I.22 52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

I.23 52.222-15 CERTIFICATION OF ELIGIBILITY (MAY 2104)

I.24 52.222-36 Equal Opportunity for Workers with Disab

I.25 52.222-50 Combating Trafficking in Persons

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I.26 52.222-55MINIMUM WAGES FOR CONTRACTOR WORKERS UNDER EXECUTIVE ORDER 14026. (JAN 2022)

I.27 52.222-62PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2022)

I.28 52.222-90 Addressing DEI Discrimination by Federal

I.29 52.223-2 Reporting of Biobased Products Under Serv

I.30 52.223-3 Hazardous Material Identification and Saf

I.31 52.223-5POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2024)

I.32 52.223-11 Ozone-Depleting Substances

I.33 52.223-23 Sustainable Products

I.34 52.225-9 Buy American - Construction Materials

I.35 52.226-8ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (MAY 2024)

I.36 52.227-1AUTHORIZATION AND CONSENT (JUN 2020)

I.37 52.227-2NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (JUN 2020)

I.38 52.227-4 PATENT INDEMNITY--CONSTRUCTION CONTRACTS (DEC 2007)

I.39 52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)

I.40 52.228-11INDIVIDUAL SURETY--PLEDGE OF ASSETS (FEB 2021)

I.41 52.228-12PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS (DEC 2022)

I.42 52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JUL 2000)

I.43 52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)

I.44 52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014)

I.45 52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

I.46 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2017)

I.47 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

I.48 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

I.49 52.232-40PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (MAR 2023)

I.50 52.233-1 Disputes

I.51 52.233-3 Protest after Award

I.52 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

I.53 52.236-2 Differing Site Conditions

I.54 52.236-3 Site Investigation and Conditions Affecti

I.55 52.236-5 Material and Workmanship

I.56 52.236-6 Superintendence by the Contractor

I.57 52.236-7 Permits and Responsibilities

I.58 52.236-8 Other Contracts

I.59 52.236-9 Protection of Existing Vegetation Structu

I.60 52.236-10 Operations and Storage Areas

I.61 52.236-11 Use and Possession Prior to Completion

I.62 52.239-12 Cleaning Up

I.63 52.236-13 Accident Prevention

I.64 52.236-14 Availability and Use of Utility Services

I.65 52.236-17 Layout of Work

I.66 52.236-21 Specifications and Drawings for Construc

I.67 52.243-4 Changes

I.68 52.243-5 Changes and Changed Conditions

I.69 52.244-6 Subcontracts for Commerical Products and

I.70 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

I.71 52.249-1 I TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (SHORT FORM) (APR 1984)--

ALTERNATE I (APR 1984)

I.72 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

I.73 52.252-6AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

SECTION J LIST OF ATTACHMENTS

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J.1 List of Attachments

SECTION K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

K.1 52.209-11 Representation by Corporations Regarding

K.2 52.219-1 Small Business Program Representations

SECTION L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 52.204-7 System for Award Management Registration

L.2 52.222-5 Construction Wage Rate Requirements Secondary Site of the Work (May 2014)

L.3 52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)

L.4 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

L.5 1352.242-70 POSTAWARD CONFERENCE (APR 2010)

L.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

L.7 52.252-5AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

L.8 1352.233-70 AGENCY PROTESTS (APR 2010)

L.9 1352.270-71 PRE-BID / PRE-PROPOSAL CONFERENCE AND SITE VISIT (APR 2010)

L.10 Instructions to Offerors

SECTION M EVALUATION FACTORS FOR AWARD

M.1 Basis for Award

M.2 52.217-5 Evaluation of Options

M.3 52.217-4 Evaluation of Option Exercised at Time of

PAGE 7 OF 116 1333ND26RNB190030

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 SOW - B1W6 Seal Above Hallway Doors

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STATEMENT OF WORK

Construction Services for B1 Wing 6 Seal Above Hallway Doors Project

I. BACKGROUND INFORMATION

The Department of Commerce (DOC), National Institute of Standards and Technology (NIST) campus is located in Boulder, Colorado and is a research & development facility. DOC also consists of National Oceanic Atmospheric Administration (NOAA) and National Telecommunications and Information Administration (NTIA) agencies on the NIST campus. The Office of Facilities and Property Management (OFPM) at NIST is responsible for maintaining and renovating spaces which consist of laboratories, office space and facilities maintenance areas, except the David Skaggs Research Center.

II. PURPOSE

The objective of this acquisition is to provide the minimum requirements for the The B1 Wing 6 Seal Above Hallway Doors Project. This project is to include extending the Wing 6 to Spine demising wall vertically upward to terminate against the bottom of the structural concrete deck above. It also includes sealing all penetrations and abandoned penetrations in the wall, where this wall separates the adjacent Women’s restroom from the Spine corridor. This acquisition also provides for an option (Option #1) to reconstruct storage room #4089 and seal all penetrations through the continuation of the W6/Spine demising wall that would be inside of the reconstructed storage room #4089.

PLACE OF PERFORMANCE

Work will be performed at the US Department of Commerce (DOC) Boulder Laboratories campus at 325 Broadway, Boulder, CO in and around Building 1, Wing 6.

Regular Business Hours Regular business hours are Monday through Friday, 0600 to 1800 Mountain Time, excluding Federal holidays and NIST closures.

PERIOD OF PERFORMANCE

All work shall be completed 183 days from the issuance of the Notice to Proceed.

III. SPECIFIC REQUIREMENTS

1. The contractor shall coordinate with the Government Contracting Officer’s Representative (COR) all activities required throughout the duration of this contract. The Contractor shall communicate with the COR and the Contracting Officer (CO) on all matters pertaining to the contract.

2. Contractor will provide and install temporary chain link fencing and safety barriers, as required to secure the site.

CLIN 0001 Base Scope – Extend the B1W6 Demising Wall and Seal Demising Wall Penetrations

1. The contractor will extend the Wing 6 to Spine Corridor demising wall vertically upward to terminate against the concrete deck above and/or horizontal structural surface above the wall. Currently the Wing 6 to Spine Corridor wall does not fully extend to the

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2 | P a g e horizontal surface above, leaving a 2ft to 3.5ft gap. Extending this wall will result in thermally and mechanically isolating Wing 6 from the Spine corridor thermal/mechanical space.

2. Additionally, at locations where this demising wall separates the Women’s restroom from the Spine corridor, the contractor will infill holes in gypsum sheathing at both sides of the wall and will seal any penetration gaps with fire rated sealants. All construction debris shall be disposed of by the contractor.

3. The contractor shall provide for and/or install all materials necessary to achieve CLIN 0001, item 1 and item 2 above, including construction debris and construction zone barriers to control the impact of construction activities on all adjacent spaces and to all building occupants.

CLIN 0002 Option #1 – Reconstruct Storage Room #4089 & Seal all Penetrations Within

1. Construct a new wall to reestablish previously existing storage room #4089.

2. Provide hollow metal frames and hollow metal doors centered in the newly constructed wall system, with NIST campus standard required security hardware. Double hollow metal doors and frame provided will accommodate two 3’-0” x 7’-0” door slabs.

3. Infill any open holes or gaps in the gypsum wall board that exist, with like-kind gypsum wall system materials. At all penetrations, provide fire rated sealant to seal all gaps around existing penetrations through the wall.

4. Provide any code required additional fire sprinkler system sprinkler pipe(s) and head(s) necessary to protect the newly reconstructed storage room space.

5. Provide interior room signage for the reconstructed storage room, per NIST campus standard interior signage requirements.

6. Provide interior lighting.

7. Coordinate lock and core with NIST.

8. The contractor shall provide for and/or install all materials necessary to achieve task 2 item 1 through 5 above, including construction debris and construction zone barriers to control the impact of construction activities on all adjacent spaces and to all building occupants.

Safety on the NIST Campus NIST is committed to maintaining a work environment that safeguards the public and the environment, as well as personnel and property.

If the award requires construction, demolition, excavation, renovation, or other work for which the contractor directs and oversees contractor personnel (including subcontractors) at NIST-owned and operated sites, the contractor shall:

Provide a detailed, site-specific Safety Plan to the contracting officer within 7 days after award that describes how the contractor will maintain a safe work environment and comply with applicable Occupational Safety and Health Administration (OSHA) standards, as well as with applicable state and local laws, standards, and codes.

The Safety Plan shall specify how the company’s policies and practices will comply with each of the applicable standards, laws, and codes.

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The contracting officer will provide written comments regarding the plan to the contractor within seven (7) days of receipt and will require the contractor to submit a revised safety plan within seven (7) days after that to the contracting officer for their review. This cycle may be repeated, if necessary, until the contracting officer determines the safety plan to be acceptable.

Reference:

See NIST’s Contractor Safety Program for required elements of Contractor Safety Plans.

Safety-Related Equipment The Contractor shall:

Provide all safety-related equipment required to perform the work under this award, including personal protective equipment (PPE) and other equipment that is required or appropriate to protect contractor personnel and other personnel on the NIST campus.

Contractor-provided personal protective equipment shall include, at a minimum, hard hats, safety shoes, safety glasses (prescription or standard), respiratory protection (powered air purifying respirator or full-face mask respirator), high visibility clothing and gloves that meet applicable OSHA standards for PPE.

Training The Contractor shall:

Provide safety-related training required by applicable OSHA, state and local regulations or standards to affected contractor personnel (including subcontractor personnel) that perform work under this award. Such training may include, for example, training for proper use of PPE, respirator use, fall protection, crane operation, forklift operation;

electrical safety, or other safety-related topics.

Maintain records of safety training provided to contractor personnel (including subcontractor personnel) that perform work on this award. The contractor shall make those records available to the contracting officer, contracting officer’s representative for the award, or other authorized personnel within 7 days of receipt of their written request, and annually thereafter or upon request.

Require contractor personnel (including subcontractors) to attend required NIST-specific health or safety training that is required by the award.

Health Hazard Assessments and Medical Evaluations The Contractor shall:

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Provide required health hazard exposure assessments, medical evaluations and screenings, and exposure monitoring required by applicable OSHA requirements.

Ensure PII information is protected.

Homeland Security Presidential Directive (HSPD)-12 The Contractor (and/or any subcontractor) and its employees who require physical access to NIST facilities or logical access to NIST IT networks or systems must comply with Homeland Security Presidential Directive (HSPD)-12, Policy for a Common Identification Standard for Federal Employees and Contractors; OMB M-05-24; OMB M- 19-17; FIPS 201, Personal Identity Verification (PIV) of Federal Employees and Contractors; NIST HSPD-12 policy; and Executive Order 13467, Part 1 §1.2.

5.

The Contractor (and/or any subcontractor) must submit a roster by name, position, e-mail address, phone number and responsibility, of all staff working under this acquisition where the Contractor will develop, have the ability to access, or host and/or maintain a government information system(s).

The roster must be submitted to the COR and/or CO within 14 days of the effective date of this contract. Any revisions to the roster as a result of staffing changes must be submitted within 14 days of the change. The COR will notify the Contractor of the appropriate level of investigation required for each staff member. If the employee is filling a new position, the Contractor must provide a position description, and the Government will determine the appropriate suitability level.

Position Sensitivity Designations Requirement All Contractor (and/or any subcontractor) employees must obtain a background investigation commensurate with their position sensitivity designation that complies with Parts 1400 and 731 of Title 5, Code of Federal Regulations (CFR).

IV. GENERAL REQUIREMENTS

Include all requirements that are not specific tasks but are applicable to the overall contract and the work that will be performed. For example, IT Security, Government Property, Public Affairs Clearance, OMB clearance, printing, data rights, etc.

REQUIREMENTS FOR CONTRACTOR PERSONNEL

Identify all qualifications that the Contractor and/or their personnel working on this contract must possess.

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

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

Identification Badges: Contractor employees must comply with NIST identification and access requirements. Each Contractor employee must wear a visible identification badge provided by the NIST Security Office.

V. DELIVERABLES

1. Quality Control Plans and Site-Specific Safety Plans shall be submitted no later than 30 days after award.

2. Notice to Proceed will not be issued until the contractor’s Site-Specific Safety Plan has been accepted.

3. If not included in the proposal, a schedule of values shall be submitted no later than 30 days after award.

Standards of Acceptance: The NIST POC or COR shall review all the above deliverables and respond with an acceptance or an email with request for revision to the Contractor Point of Contact (POC) within 15 business days of receipt of a deliverable.

• The Contractor shall provide a submittal log and submittals in formats approved by the

COR.

• Contractor is not to include any contact information in any project drawings, specifications or related information.

• The Contractor shall refer to all NIST provided drawings, specifications and information provided as part of this project.

• The Contractor shall review, and field verify all existing facility documentation provided by NIST.

VI. PAYMENT SCHEDULE

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

VII. SITE MOBILIZATION

1. NIST shall provide the Contractor with the area for construction and staging activities shown in the attached staging drawing. Additional storage areas on the NIST campus may be available to the Contractor if approved by NIST. Refer to NIST Boulder General Contractor Requirements.

VIII. SUBMITTALS

Contractor shall provide the following submittals to the COR for approval. NIST shall have up to 14 calendar days to review and return the submittal to the contractor.

Submittals as required in the contract documents from the following divisions:

Division 00 - Procurement and Contracting Requirements

Project CPM Schedule Construction daily reports – submitted to NIST daily during the progression of the project.

Division 01 - General Requirements

Refer to Attachment 01 for General Requirements Submittals

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Division 02 - Existing Conditions Pre-construction photographs showing the existing conditions of the area around the project extents Submit proposed protection measures, including drawings, that indicates the measures proposed for protecting individuals and property. Indicate proposed locations and construction of barriers.

Division 05 – Metals Product data and/or shop drawings for metal studs, bracing, fasteners and other metal framing products required to construct and/or extend demising walls and/or storage room walls.

Product data and/or shop drawings of all fasteners to be used in any wall construction/ framing extension.

Division 07 - Thermal and Moisture Protection 2hr minimum rated fire sealant for use at penetrations.

Any alternate applicable 2hr fire rated product for use at penetrations.

Division 08 – Openings Product data sheets and shop drawings sheets for hollow metal frames.

Product data sheets and shop drawings sheets for hollow metal doors.

Hollow metal frame and door information can be submitted together.

Division 09 – Finishes Product data sheets and shop drawings for gypsum wall board and accessories.

Product data sheets and shop drawings sheets for all applicable paint primers and paint finish products to meet NIST campus standard type, finish/sheen and color requirements.

Division 10 – Specialties Product data and shop drawings for NIST campus standard specified interior room signage.

Division 21 - Fire Suppression

Product data sheets, shop drawings, and fire suppression calculations for added fire sprinkler suppression in storage room #4089.

Division 26 - Electrical Product data sheets, shop drawings and information related to interior lighting fixtures, per attached NIST specifications.

Division 27 – Communications

Cable routing drawings Product data sheets

Division 28 - Electronic Safety and Security Product data for security door hardware.

• Contractor shall provide submittals through a NIST approved, secure electronic site accessible by NIST.

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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)

(Reference 1352.246-70)

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SECTION F

DELIVERIES OR PERFORMANCE

F.1 52.242-14 SUSPENSION OF WORK (APR 1984)

(Reference 52.242-14)

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SECTION G

CONTRACT ADMINISTRATION DATA

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

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

(Reference 1352.201-72)

G.3 NIST LOCAL-53 CONTRACT PERFORMANCE DURING CHANGES IN NIST OPERATING STATUS

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

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

Unless otherwise stated in the contract terms and conditions, normal days of business operation are Monday through Friday, excluding Federal Holidays. However, throughout the contract period of performance, there may be circumstances beyond the control of NIST that will impact normal days of business operation such as inclement weather, power outages, etc. In circumstances such as these, the Contractor must call the appropriate NIST campus status line to verify the operating status:

Gaithersburg Campus Operating Status Line:

(301) 975-8000

(800) 437-4385 x8000 (toll free)

Boulder Campus Operating Status Line:

(303) 497-4000

(303) 497-3000 option 2

In the event of a lapse in appropriation, access to Government facilities and resources, including equipment and systems will be limited to excepted personnel for both Federal employees and contractor personnel. If performance of the contract is onsite and/or requires Government interaction, unless the contractor has been, or is notified that it is required to work under an excepted status, the contractor must stop work. The work stoppage shall remain in effect until the lapse is resolved and notification is provided via the NIST website at www.nist.gov (banner on front page) and/or the NIST operating status line(s). Additionally, contractors are encouraged to monitor public broadcasts or the Office of Personnel Management's website at www.opm.gov for the Federal Government operating status.

NIST will provide notification to all contractors that are determined to have excepted status.

All excepted contractors are required to continue performance and communicate with the appointed Contracting Officer's Representative (COR) for further guidance, or NIST Contracting Officer if a COR is not appointed.

Contractors with active supply or service contracts that are fully funded at the time of contract award and do not require access to Government facilities, resources, or active administration by Government personnel in a manner that would not cause the Government to incur additional obligations during the lapse in appropriation may continue performance.

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

G.4 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;

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(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.

G.5 NIST LOCAL-56 INVOICING PROCESSING PLATFORM-ALTERNATE I (DEC 2022)

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

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

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

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

(866) 973-3131.

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

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SECTION H

SPECIAL CONTRACT REQUIREMENTS

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

(Reference 1352.209-73)

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

(Reference 1352.209-74)

H.3 1352.237-71 SECURITY PROCESSING REQUIREMENTS - LOW RISK CONTRACTS (APR 2010)

(Reference 1352.237-71)

H.4 1352.237-73 FOREIGN NATIONAL VISITOR AND GUEST ACCESS TO DEPARTMENTAL RESOURCES (APR 2010) (Reference 1352.237-73)

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SECTION I

CONTRACT CLAUSES

I.1 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS (NOV 2023)

(Reference 52.203-17)

I.2 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS

(JAN 2017)

(Reference 52.203-19)

I.3 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

(Reference 52.204-9)

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I.4 52.204-13 System for Award Management Maintenance

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52.204-13 System for Award Management—Maintenance.

As prescribed in 4.208(b)(2), use the following clause:

System for Award Management—Maintenance (DEVIATION January 2026)

(a) 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 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 (UEI) means an identifier used to identify a specific commercial, nonprofit, or Government entity.

(b) Active registration.

(1) The Contractor shall maintain an active Federal Government contracts registration in the System for Award Management (SAM) at during contract performance and through final payment under this contract. To maintain an active registration in SAM, the Contractor shall review at least annually its registration in SAM and validate that the information is current, accurate, and complete.

(2) The Contractor is responsible for the currency, accuracy, and completeness of the information provided within SAM, and for any liability resulting from the Government’s reliance on inaccurate or incomplete information. Updating SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(c) Novation and change-of-name agreements.

(1) If the Contractor has legally changed its business name or “doing business as” name (whichever is shown on the contract), or has transferred the assets used to perform the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in part 42 of the Federal Acquisition Regulation (FAR), the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to —

(i) Change the legal business name in SAM;

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(ii) Comply with the requirements of FAR part 42; and

(iii) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with its written notification sufficient documentation to support the legally changed name.

(2) If the Contractor fails to comply with the requirements of paragraph (c)(1) of this clause, or fails to perform the agreement at paragraph (c)(1)(iii) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(d) Assignees.

(1) The Contractor shall not change the legal business name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR part 32). Assignees shall be separately registered in SAM.

(2) Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be incorrect information within the meaning of the “Suspension of Payment” paragraph of the EFT clause of this contract.

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

(f) Commercial and Government Entity (CAGE) code. The Contractor shall ensure that the CAGE code is maintained throughout the life of the contract. To update a CAGE code, the Contractor shall initiate the change by updating its SAM registration.

(g) 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.

(End of clause)

Alternate I (DEVIATION January 2026). As prescribed in 4.208(b)(2), replace paragraph (b) of the basic clause with the following paragraph (b):

(b) Active registration.

(1) If the Contractor was unable to register for Federal Government contracts in the System for Award Management (SAM) at before award, the Contractor shall register in SAM within

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30 days after contract award or at least three days before submitting the first invoice, whichever occurs first.

(2) The Contractor shall maintain an active Federal Government contracts registration in SAM during contract performance and through final payment under this contract. To maintain an active registration in SAM, the Contractor shall review at least annually its registration in SAM and validate that the information is current, accurate, and complete.

(3) The Contractor is responsible for the currency, accuracy, and completeness of the information provided within SAM, and for any liability resulting from the Government’s reliance on inaccurate or incomplete information. Updating SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

I.5 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) (Reference 52.204-19)

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I.6 52.209-6 Protecting the Governments Interest When

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

As prescribed in 9.409 , insert the following clause:

Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (DEVIATION January 2026)

(a) Definition. 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” in 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 , such as agricultural products and petroleum products.

(b) The Government suspends or debars Contractors to protect the Government's interests.

Other than a subcontract for a commercially available off-the-shelf item, the Contractor shall not enter into any subcontract, in excess of the threshold specified in FAR 9.405-2(b) on the date of subcontract award, with a Contractor that is debarred, suspended, or proposed for debarment by any executive agency unless a compelling reason exists to do so.

(c) The Contractor shall require each proposed subcontractor whose subcontract will exceed the threshold specified in FAR 9.405-2(b) on the date of subcontract award, other than a subcontractor providing a commercially available off-the-shelf item, to disclose to the Contractor, in writing, whether as of the time of award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, proposed for debarment, or voluntarily excluded by the Federal Government.

(d) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party (other than a subcontractor providing a commercially available off-the-shelf item) that is debarred, suspended, proposed for debarment, or voluntarily excluded (see FAR 9.404 for information on the System for Award Management (SAM) Exclusions). The notice must include the following:

(1) The name of the subcontractor.

(2) The Contractor’s knowledge of the reasons for the subcontractor being listed with an exclusion in SAM.

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(3) The compelling reason(s) for doing business with the subcontractor notwithstanding its being listed with an exclusion in SAM.

(4) The systems and procedures the Contractor has established to ensure that it is fully protecting the Government's interests when dealing with such subcontractor in view of the specific basis for the party's debarment, suspension, proposed debarment, or voluntary exclusion.

(e) Subcontracts. Unless this is a contract for the acquisition of commercial products or commercial services, the Contractor shall include the requirements of this clause, including this paragraph (e) (appropriately modified for the identification of the parties), in each subcontract that—

(1) Exceeds the threshold specified in FAR 9.405-2(b) on the date of subcontract award; and

(2) Is not a subcontract for commercially available off-the-shelf items.

(End of clause)

I.7 52.209-10 Prohibition on Contracting with Inverted

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52.209-10 Prohibition on Contracting With Inverted Domestic Corporations.

As prescribed in 9.108-6(b), insert the following clause:

Prohibition on Contracting with Inverted Domestic Corporations (DEVIATION January 2026)

(a) Definitions. As used in this clause-

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

(b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, applicable law may prohibit the Government from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

(c) Exceptions to this prohibition are located at 9.108-3.

(d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event.

I.8 52.215-8 Order of Precedence - Uniform Contract Fo

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52.215-8 Order of Precedence-Uniform Contract Format.

As prescribed in 15.110(h), insert the following clause:

Order of Precedence-uniform Contract Format (DEVIATION January 2026)

Any inconsistency in this request for proposal or contract shall be resolved by giving precedence in the following order:

(a) The Schedule (excluding the specifications).

(b) Representations and other instructions.

(c) Contract clauses.

(d) Other documents, exhibits, and attachments.

(e) The specifications.

I.9 52.215-21 Requirements for Certified Cost or Prici

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52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modifications.

As prescribed in 15.110(u), insert the following clause:

Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modifications (DEVIATION January 2026)

(a) Exceptions from certified cost or pricing data.

(1) In lieu of submitting certified cost or pricing data for modifications under this contract, for price adjustments expected to exceed the threshold set forth in Federal Acquisition Regulation (FAR) 15.403-3(a) on the date of the agreement on price or the date of the award, whichever is later, the Contractor may submit a written request for exception by submitting the information described in paragraphs (a)(1)(i) and (ii) of this clause. If the threshold for submission of certified cost or pricing data specified in FAR 15.403-3(a) is adjusted for inflation as set forth in FAR part 1, the changed threshold applies throughout the remaining term of the contract, unless there is a subsequent threshold adjustment. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable—

(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii) Information on modifications of contracts or subcontracts for commercial products or commercial services.

(A) If—

(1) The original contract or subcontract was granted an exception from certified cost or pricing data requirements because the price agreed upon was based on adequate price competition or prices set by law or regulation, or was a contract or subcontract for the acquisition of a commercial product or commercial service; and

(2) The modification (to the contract or subcontract) is not exempted based on one of these exceptions, then the Contractor may provide information to establish that the modification would not change the contract or subcontract from a contract or subcontract for the acquisition of a commercial product or commercial service, to a contract or subcontract for the acquisition of other than a commercial product or commercial service.

(B) For a commercial product and commercial service exception, the Contractor shall provide, at a minimum, information on prices at which the same item or similar items have previously been sold that is adequate for evaluating the reasonableness of the price of the modification. Such information may include-

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(1) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities.

(2) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market.

(3) For items included on an active Federal Supply Schedule contract, proof that an exception has been granted for the schedule item.

(2) The Contractor grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this clause, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation, access does not extend to cost or profit information or other data relevant solely to the Contractor’s determination of the prices to be offered in the catalog or marketplace.

(b) Requirements for certified cost or pricing data. If the Contractor is not granted an exception from the requirement to submit certified cost or pricing data, the following applies:

(1) The…