ATTACHMENT 2- 2388 RFQ Provisions and Clauses.docx
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- Attached to
- High-Performance Optical Atomic Clocks Federal contract opportunity
- Solicitation number
- NB688000-26-02388
About this file
This document is a contract provisions and clauses attachment for NIST's Request for Quotation (RFQ) NB688000-26-02388 for high-performance optical atomic clocks. The attachment outlines applicable FAR (Federal Acquisition Regulation) and CAR (Commerce Acquisition Regulation) clauses incorporated by reference, along with full-text provisions specific to the acquisition. Key contractual requirements include mandatory compliance with FAR 52.212-4 (Contract Terms and Conditions for Commercial Products and Services), small business program representations per FAR 52.219-1, and certifications regarding non-discrimination in diversity and inclusion activities. The contractor must obtain supplies from mandatory federal sources (DLA, GSA, VA, or AbilityOne nonprofit agencies) when specified, deliver on an FOB Destination basis to NIST's Boulder, Colorado facility (325 Broadway), and maintain evidence of shipment documentation for three years post-payment.
Billing and invoicing must be submitted electronically via email to INVOICE@NIST.GOV or through the Treasury Department's Invoice Processing Platform (IPP) at https://www.ipp.gov, with invoices including contract number, CLIN, itemized descriptions, quantities, unit prices, and cumulative amounts. Additional NIST-specific requirements include coordination with technical contacts for delivery and installation, proper packing and marking of containers by CLIN/item number, daily verification of NIST campus operating status before on-site work, and adherence to campus access and security protocols. The contractor must also comply with trade agreement certifications, child labor and trafficking-in-persons prohibitions, whistleblower protections, and contractor code of ethics provisions. Award protests may be filed with the Contracting Officer (Angela Hitt, Angela.Hitt@nist.gov) or escalated to the Commerce Department's Contract Law Division.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| 2388 RFQ Combined Synopsis-Sol BV.docx | DOCX document | |
| ATTACHMENT 1- 2388 Req and Spec.docx | DOCX document | |
| ATTACHMENT 3 - PAST PERFORMANCE QUESTIONNAIRE.pdf |
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Text version
Optical Atomic Clocks NB688000-26-02388
ATTACHMENT 2- APPLICABLE PROVISIONS AND CLAUSES
FAR 52.212-4, CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES.
The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items Commercial Products and Commercial Services (DEVIATION JAN 2026), applies to this acquisition.
REVOLUTIONARY FAR OVERHAUL (RFO) 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE.
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
FAR Overhaul (DEVIATIONS JAN 2026): https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52
Commerce Acquisition Regulation (CAR): https://www.ecfr.gov/current/title-48/chapter-13
(End of Provision)
RFO 52.252-2 CLAUSES INCORPORATED BY REFERENCE.
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
FAR Overhaul (DEVIATIONS JAN 2026): https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52
CAR: https://www.ecfr.gov/current/title-48/chapter-13
(End of Clause)
RFO 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS.
(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.
(b) The use in this solicitation of any Commerce Acquisition Regulation (48 CFR Chapter 13) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of provision)
RFO 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES.
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any Commerce Acquisition Regulation (48 CFR Chapter 13) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of clause)
PROVISIONS & CLAUSES INCORPORATED BY REFERENCE
PROVISIONS:
52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sept 2024) 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. (DEVIATION JAN 2026) 52.204-5 Women-Owned Business (Other than Small Business) (Oct 2014) 52.204-7 System For Award Management (DEVIATION JAN 2026) 52.209-2 Prohibition On Contracting With Inverted Domestic Corporations-Representation (NOV 2015) 52.209-5 Certification Regarding Responsibility Matters (DEVIATION JAN 2026) 52.209-7 Information Regarding Responsibility Matters (DEVIATION JAN 2026) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (FEB 2016) 52.212-1 Instructions To Offerors--Commercial Products And Commercial Services (DEVIATION JAN 2026) 52.215-1, Instruction to Offers – Competitive Acquisition (Nov 2021) 52.240-90, Security Prohibitions and Exclusions Representations and Certifications (DEVIATION JAN 2026)
CLAUSES:
52.203-6 ALT I, Restrictions on Subcontractor Sales to the Government (Nov 2021) 52.203-13 Contractor Code of Business Ethics and Conduct (Nov 2021) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Jun 2020) 52.203-17 Contractor Employee Whistleblower Rights (Nov 2023) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (DEVIATION JAN 2026) 52.204-13 System For Award Management Maintenance (Deviation Jan 2026) 52.204-19 Incorporation By Reference Of Representations And Certifications (Dec 2014) 52.204-91, Contractor Identification (JAN 2026) 52.208-90 Government Supply Sources (DEVIATION JAN 2026) 52.209-4, First Article Approval- Government Testing (JAN 2026) 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (DEVIATION JAN 2026) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (DEVIATION JAN 2026) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (DEVIATION JAN 2026) 52.210-1, Market Research (Nov 2021) 52.219-28, Post-award Small Business Program Representation (DEVIATION JAN 2026) 52.222-3, Convict Labor (Jun 2003) 52.222-18 Certification Regarding Knowledge of Child Labor for Listed End Products (DEVIATION JAN 2026) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (DEVIATION JAN 2026) 52.222-35, Equal Opportunity for Veterans (DEVIATION JAN 2026) 52.222-36, Equal Opportunity for Workers with Disabilities (DEVIATION JAN 2026) 52.222-37, Employment Reports on Veterans (DEVIATION JAN 2026) 52.222-50, Combating Trafficking in Persons (DEVIATION JAN 2026) 52.226-7 Drug-Free Workplace (May 2024) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) 52.232-39 Unenforceability of Unauthorized Obligations (June 2013) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.233-3, Protest After Award (DEVIATION JAN 2026) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) 52.240-90, Security Prohibitions and Exclusions Representations and Certifications (DEVIATION JAN 2026) 52.240-91, Security Prohibitions and Exclusions (DEVIATION JAN 2026) 52.244-6, Subcontracts for Commercial Products and Commercial Services (DEVIATION JAN 2026) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (DEVIATION JAN 2026)
CAR CLAUSES INCORPORATED BY REFERENCE:
1352.201-70, Contracting Officer’s Authority 1352.201-72, Contracting Officer Representative 1352.209-72, Restrictions Against Disclosure 1352.209-73, Compliance with the Laws 1352.209-74, Organizational Conflict of Interest
PROVISIONS & CLAUSES in Full Text:
FAR 52.208-9, CONTRACTOR USE OF MANDATORY SOURCES OF SUPPLY OR SERVICES.
As prescribed in 8.105-1(b), insert the following clause:
Contractor Use of Mandatory Sources of Supply or Services (DEVIATION APRIL 2026)
(a) Certain supplies or services to be provided under this contract for use by the Government are required by law to be obtained from nonprofit agencies participating in the program operated by the Committee for Purchase from People Who Are Blind or Severely Disabled (the Committee) under 41 U.S.C. 8504. Additionally, certain of these supplies are available from the Defense Logistics Agency (DLA), the General Services Administration (GSA), or the Department of Veterans Affairs (VA). The Contractor shall obtain mandatory supplies or services to be provided for Government use under this contract from the specific sources indicated in the contract schedule.
(b) The Contractor shall immediately notify the Contracting Officer if a mandatory source is unable to provide the supplies or services by the time required, or if the quality of supplies or services provided by the mandatory source is unsatisfactory. The Contractor shall not purchase the supplies or services from other sources until the Contracting Officer has notified the Contractor that the Committee or an AbilityOne central nonprofit agency has authorized purchase from other sources.
(c) Price and delivery information for the mandatory supplies is available from the Contracting Officer for the supplies obtained through the DLA/GSA/VA distribution facilities. For mandatory supplies or services that are not available from DLA/GSA/VA, price and delivery information is available from the appropriate central nonprofit agency. Payments shall be made directly to the source making delivery. Points of contact for AbilityOne central nonprofit agencies are:
(1) National Industries for the Blind 1310 Braddock Place Alexandria, VA 22314-1691 (703) 310-0500; and
(2) NISH 8401 Old Courthouse Road Vienna, VA 22182 (571) 226-4660.
(End of clause)
FAR 52.219-1, SMALL BUSINESS PROGRAM REPRESENTATIONS.
As prescribed in 19.101(a)(2)(ii)(A), insert the following provision:
Small Business Program Representations (DEVIATION APRIL 2026)
(a) Definitions. As used in this provision-
Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.
HUBZone small business concern means a small business concern that meets the requirements described in 13 CFR 126.200, is certified by the Small Business Administration (SBA) and designated by SBA as a HUBZone small business concern in the Small Business Search (SBS) ( 13 CFR 126.103).
Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300.
Small business concern—
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (b) of this provision.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties’ control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
Small disadvantaged business concern means a small business concern that-
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by one or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and
(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraph (1) of this definition.
Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127) means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.
(b)(1) The North American Industry Classification System (NAICS) code for this acquisition is ________ [insert NAICS code].
(2) The small business size standard is _______ [insert size standard].
(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce (i.e., nonmanufacturer), is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—
(i) Is set aside for small business and has a value above the simplified acquisition threshold;
(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or
(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(c) Representations.(1) The offeror represents as part of its offer that—
(i) it □ is, □ is not a small business concern; or
(ii) It □ is, □ is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]
(2) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small disadvantage business concern.
(3) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The offeror represents as part of its offer that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]
(4) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents as part of its offer that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]
(5) SDVOSB joint venture eligible under the SDVOSB Program. [Complete only if the offeror is certified as a SDVOSB concern]. The offeror represents as part of its offer that it □ is, □ is not a SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [ The offeror shall enter the name and unique entity identifier of each party to the joint venture:__.]
(6) HUBZone joint venture eligible under the HUBZone Program. [Complete only if the offeror is a HUBZone small business concern.] The offeror represents, as part of its offer, that it □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.] Each HUBZone small business concern participating in the HUBZone joint venture must be certified as a HUBZone concern.
(d) Notice. Under 15 U.S.C. 645(d), any person who misrepresents a firm’s status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, will be—
(1) Punished by imposition of fine, imprisonment, or both;
(2) Subject to administrative remedies, including suspension and debarment; and
(3) Ineligible for participation in programs conducted under the authority of the Act.
(End of provision)
FAR 52.222-90, ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS.
As prescribed in 22.2203, insert the following clause:
Addressing DEI Discrimination by Federal Contractors (Deviation APRIL 2026)
(a) Definitions. As used in this clause—
Program participation means membership or participation in, or access or admission to: training, mentoring, or leadership development programs; educational opportunities; clubs; associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.
Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.
(b) In connection with the performance of work under this contract, the Contractor agrees as follows:
(1) The Contractor will not engage in any racially discriminatory DEI activities;
(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;
(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;
(4) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer; and
(5) The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.
(6) The Contractor recognizes that compliance with the requirements of this clause are material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).
(c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States.
(End of clause)
FAR 52.225-5, TRADE AGREEMENTS. (NOV 2023)
FAR 52.225-6, TRADE AGREEMENTS CERTIFICATE.
As prescribed in 25.601(c)(2), insert the following provision:
TRADE AGREEMENTS CERTIFICATE (FEB 2021)
(a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements."
(b) The offeror shall list as other end products those supplies that are not U.S.-made or designated country end products.
Other End Products:
| Line-Item No. |
| Country of Origin |
| ______________ |
| _________________ |
| ______________ |
| _________________ |
| ______________ |
| _________________ |
[List as necessary]
(c) The Government will evaluate offers in accordance with the policies and procedures of part 25 of the Federal Acquisition Regulation. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for those products are insufficient to fulfill the requirements of this solicitation.
(End of provision)
FAR 52.225-18, PLACE OF MANUFACTURE
As prescribed in 25.601(f), insert the following provision:
Place of Manufacture (Aug 2018)
(a) Definitions. As used in this provision—
Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except-
(1) FPSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
(b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly-
(1) □ In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or
(2) □ Outside the United States.
(End of provision)
FAR 52.247-34, FOB DESTINATION
As prescribed in 47.303-6(c), insert the following clause:
F.O.B. Destination (Jan 1991)
(a) The term "F.O.B. destination," as used in this clause, means-
(1) Free of expense to the Government, on board the carrier’s conveyance, at a specified delivery point where the consignee’s facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and
(2) Supplies shall be delivered to the destination consignee’s wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including "piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for "heavy or bulky freight." When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarder for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.
(b) The Contractor shall-
(1)(i) Pack and mark the shipment to comply with contract specifications; or
(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;
(2) Prepare and distribute commercial bills of lading;
(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;
(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;
(5) Furnish a delivery schedule and designate the mode of delivering carrier; and
(6) Pay and bear all charges to the specified point of delivery.
(End of clause)
FAR 52.247-48, FOB DESTINATION-EVIDENCE OF SHIPMENT
As prescribed in 47.305-4(c), insert the following clause:
F.O.B. Destination-Evidence of Shipment (Feb 1999)
(a) If this contract is awarded on a free on board (F.O.B.) destination basis, the Contractor-
| (1) SHALL NOT SUBMIT AN INVOICE FOR PAYMENT UNTIL THE SUPPLIES COVERED BY THE INVOICE HAVE BEEN SHIPPED TO THE DESTINATION; and |
| (2) Shall retain, and make available to the Government for review as necessary, the following evidence of shipment documentation for a period of 3 years after final payment under the contract: |
(i) If transportation is accomplished by common carrier, a signed copy of the commercial bill of lading for the supplies covered by the Contractor’s invoice, indicating the carrier’s intent to ship the supplies to the destination specified in the contract.
(ii) If transportation is accomplished by parcel post, a copy of the certificate of mailing.
(iii) If transportation is accomplished by other than common carrier or parcel post, a copy of the delivery document showing receipt at the destination specified in the contract.
(b) The Contractor is not required to submit evidence of shipment documentation with its invoice.
(End of clause)
CAR 1352.233-70 Agency Protests
(a) An agency protest may be filed with either: (1) the contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 Fed. Reg. 16,651 (April 6, 1999)
(b) Agency protests filed with the Contracting Officer shall be sent to the following address:
NIST
ATTN: Angela Hitt, CONTRACTING OFFICER 325 Broadway Boulder, CO 80305 Email: Angela.Hitt@nist.gov
(c A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority.
(d) Service upon the Contract Law Division shall be made as follows:
U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W.
Washington, D.C. 20230 EMAIL: contactcld@doc.gov
FAX: (202) 482-5858
CAR 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS
(a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed.
(b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims.
(c) Service upon the Contract Law Division shall be made as follows:
U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W.
Washington, D.C. 20230 EMAIL: contactcld@doc.gov
FAX: (202) 482-5858
CLAUSES:
1352.246-70 PLACE OF ACCEPTANCE (APR 2010)
(a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract.
(b) The place of acceptance will be:
National Institute of Standards and Technology 325 Broadway Boulder, CO 80504
(End of clause)
NIST LOCAL-9 CUSTOMS
Ship to: National Institute of Standards and Technology 325 Broadway Blvd, Shipping and Receiving Boulder, CO 80305 c/o Laing International Customs Broker Dulles International Airport (IAD) Washington, D.C. 20166-9547 USA Paul Peterson, License Custom Broker 100 Carpenter Drive, Suite 202 Sterling, VA 20164 Phone (703) 471-9279 Ext 200 Fax (703) 471-8436
NIST LOCAL-10 DELIVERY INSTRUCTIONS
Contractor shall coordinate delivery (including installation and training if applicable) with the Technical Information Contact identified herein.
(End of Clause)
NIST LOCAL-39 MARKING/PACKING INSTRUCTIONS
(1) If the total contract/order includes multiple quantities of the same or like item(s), segregated as separate CLIN/Item numbers, deliverables shall be packed accordingly. Each individual Package / container in the shipment shall include deliverables on a per-CLIN or Item basis.
(2). For each shipment made under this contract/order, the Contractor shall furnish itemized packing list(s), enumerating the specific contents of each shipping container and what specific individual components constitute a full and complete "unit" for each bid item. The packing list shall include the brief description of each item found in the Schedule. If more than one container is required for each unit, each container should be marked accordingly, e.g., "Box 1 of 2," "Box 2 of 2," and the boxes, where feasible, should be taped or shrink-wrapped together as an issuable unit.
(3). The contract number AND CONTRACT LINE-ITEM NUMBER (CLIN) OR ORDER ITEM NUMBER shall be placed on the exterior of all containers.
(End of Clause)
NIST LOCAL-53 CONTRACTING PERFORMANCE DURING CHANGES IN NIST OPERATION 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.
(End of Clause)
NIST LOCAL-54, ELECTRONIC BILLING INSTRUCTIONS
Instructions: use in all awards that require electronic submission of invoices.
NIST requires that Invoice/Voucher submissions are sent electronically via email to INVOICE@NIST.GOV.
Each Invoice or Voucher submitted shall include the following:
(1) Contract number;
(2) Contractor name and address;
(3) Unique entity identifier (see www.sam.gov for the designated entity for establishing unique entity identifiers);
(4) Date of invoice;
(5) Invoice number;
(6) Amount of invoice and cumulative amount invoiced to-date;
(7) Contract Line-Item Number (CLIN);
(8) Description, quantity, unit of measure, unit price, and extended price of supplies/services delivered;
(9) Prompt payment discount terms, if offered; and
(10) Any other information or documentation required by the contract.
(End)
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.
BILLING INSTRUCTIONS
NIST requires that Invoice/Voucher submissions are sent electronically via email to INVOICE@NIST.GOV.
Each Invoice or Voucher submitted shall include the following:
(1) Contract number;
(2) Contractor name and address;
(3) Unique entity identifier (see www.sam.gov for the designated entity for establishing unique entity identifiers);
(4) Date of invoice;
(5) Invoice number;
(6) Amount of invoice and cumulative amount invoiced to-date;
(7) Contract Line-Item Number (CLIN);
(8) Description, quantity, unit of measure, unit price, and extended price of supplies/services delivered;
(9) Prompt payment discount terms, if offered; and
(10) Any other information or documentation required by the contract.
INVOICING PROCESSING PLATFORM- IPP
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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