Attachment III Gas and Cryogen IDIQ SOW .pdf

NIST BOULDER GAS STATEMENT OF WORK

Communication Technology Laboratory - Material Measurement Laboratory - Physical

Measurement Laboratory - Office of Facilities and Property Management

1. INTRODUCTION

1.1 BACKGROUND

Founded in 1901, The National Institute of Standards and Technology (NIST) is a non-regulatory federal agency within the U.S. Department of Commerce. NIST’s mission is to promote U.S.

innovation and industrial competitiveness by advancing measurement science, standards, and technology in ways that enhance economic security and improve our quality of life.

NIST Boulder includes the Communication Technology Laboratory (CTL), the Material Measurement Laboratory (MML), the Physical Measurement Laboratory (PML), and the Office of Facilities and Property Management (OFPM). NIST Scientists are engaged in unique and complex experiments that require many distinct types of gases. These gases are both commercially available gases in cylinders and specialty gases mixed to very specific and precise formulas and in various quantities. NIST Boulder requires delivery of these gases on a reoccurring delivery schedule, weekly, biweekly, or triweekly, as well as on an emergency same-day or 24-hour delivery schedule.

1.2 PURPOSE

NIST has a requirement to establish a single Indefinite Delivery Indefinite Quantity (IDIQ) contract for compressed gas products, specialty gases, cryogenic liquids, and maintenance services on an as-needed basis for a one-year base period and two one-year option periods.

Service must be provided to the following NIST location:

National Institute of Standards & Technology Boulder Campus 325 Broadway Boulder, CO

Delivery or Task orders under this IDIQ shall provide all the following:

a) Compressed gases, liquid cryogens (He and N2), in NIST-owned and Contractor-owned cylinders/dewars;

b) All maintenance and testing of existing NIST owned cylinders;

c) Specialty gases in NIST-owned and/or Contractor-owned cylinders;

d) A single portal tracking system to manage and track all cylinders on the NIST campus;

e) Contractor/NIST provided annual web based ordering and tracking system training and annual safety training.

2. SAFETY

2.1 SAFETY REQUIREMENTS

All materials and services covered by this IDIQ shall be in compliance with the quality and safety requirements of all applicable CGA standards, NFPA standards, and OSHA regulations.

The Contractor shall provide NIST with the Safety Data Sheet for each gas and gas mixture, the first time that a gas or gas mixture is delivered to NIST. The SDS shall meet the requirements of the OSHA Hazard Communication Standard 29 CFR 1910.1200. Each cylinder shall be labeled in accordance with NIST Compressed Gas Safety suborder and NIST Chemical Hazard Communication suborder.

2.2 ANNUAL CONTRACTOR PROVIDED SAFETY TRAINING

The contractor will provide safety training to the NIST identified staff at the beginning of each performance period. The training will be at a NIST location to be determined. The training will focus on proper safety handling and will follow the safety requirements of all applicable CGA standards, NFPA standards, and OSHA regulation. The Contracting Officer (CO) or Contracting Officer Representative (COR) will approve the training curriculum. The training should be limited to no more than two hours.

3. ORDERING, DELIVERY, AND TRACKING SYSTEM

3.1 CONTRACTOR SERVICE REPRESENTATIVE (CSR)

The Contractor shall identify one designated Customer Service Representative (CSR) for all Authorized Ordering Officials to handle questions, issues, and problems that may arise on any products and services required under this IDIQ Contract. The CSR shall be designated as “Key Personnel” in the IDIQ Contract and shall not be replaced without the written approval of the CO. Only the AOO may communicate and hold discussions with the CSR pertaining to orders.

Questions, issues and problems may be handled in person, via telephone, or via e-mail. To the maximum extent practicable, the CSR shall be responsible for providing a response not later than one business day after a question is initiated.

3.2 AUTHORIZED ORDERING OFFICIALS

The CO will appoint Authorized Ordering Officials (AOO) in writing to the Contractor at the beginning of the period of performance, and as needed. The AOO will be delegated the following authority:

a) AOOs will be appointed in writing and have the authority to place orders for NIST Boulder.

b) AOOs will coordinate with the CSR on all matters pertaining to orders placed by the

AOO.

c) AOOs will submit quotes to the CSR for all gases and specialty gases not currently contracted on the IDIQ. Only the CO has the authority to approve quotes and modify the

IDIQ.

d) AOOs have the responsibility to ensure that their designated Drop Off/ Pick up location(s) has the proper safety storage items for delivery of cylinder, hazardous, and toxic gases.

3.3 CONTRACTOR-OWNED ORDERING, DELIVERY, AND TRACKING SYSTEM

The Contractor shall provide and maintain a single portal tracking system to track all NIST-owned cylinders, dewars, and lecture bottles as well as Contractor-owned (Specialty Gas) cylinders. This system can integrate NIST and supplier software and can provide ongoing modifications of the cylinders tracking software upon NIST request. The single portal tracking system shall, at a minimum:

a) Be able to receive uploaded comma separated value (CSV) files to initiate orders from

NIST

b) Track location of cylinders, dewars and/or lecture bottles on NIST Campus;

c) Track maintenance activity for each cylinder;

d) Track Orders;

e) Provide reports.

All tracking system functionality and capabilities must be directly accessible by authorized NIST personnel.

The contractor will provide tracking system training at the beginning of each performance period. The training will be at a NIST location to be determined and shall be approved by the CO or COR. The training should be limited to no more than three hours. If necessary, the contractor may request additional time.

3.4 NIST REQUIRED FIELDS

The following fields shall be available in the tracking system:

a) NIST User ID Name, Division, Building, E-mail address, Phone Extension (4 characters)

b) Order Number

c) Description

d) Quantity

e) Unit of Issue

f) Unit Price

g) Total Amount

h) Type of Container (Cylinder, Dewar, Lecture Bottle)

i) Size of Container

j) End User

k) Serial Number of Container

l) Date Last Hydrostatic Test

m) Next Hydrostatic Requalification Date

n) Date Taken Out of Service

o) Transfer of Ownership Date

p) Date of Destruction

q) Certificate of Analysis

r) Certificate of Conformance

s) Date Usage Charges Commence date of delivery);

t) Date Usage Charges Cease

u) Cylinder Value

v) Location (building/room)

w) NFPA 704 designation

x) Drop off/ Pick up location

y) Comments.

NIST reserves the right to make additions or subtractions to these fields as needed based on changing needs.

3.5 REPORTING CAPABILITIES

All fields must be available to define reports based on changing needs.

a) Date ranges, cylinder serial number, Order number, gas etc.;

b) All fields must be available for query;

c) System must save reports in a PDF or other appropriate format as approved by NIST;

d) System must print reports;

e) System must have the ability to export reports to Microsoft Excel.

3.6 CYLINDER, DEWAR, AND LECTURE BOTTLE TRACKING

The tracking system must have the capability to track the location and status of all NIST-owned and Contractor-owned cylinders, dewars, and lecture bottles that have been delivered to the NIST campus or off-site being repaired, serviced, or refilled by the Contractor. In addition, the tracking system must record cylinders that are not currently in-service, records of transfer of ownership and dates of destruction.

The Contractor shall be responsible for populating and updating the tracking system for each NIST-owned cylinder based on all actions taken by the Contractor pertinent to each cylinder. All fields shall be updated by the Contractor based on actions taken for each cylinder over the life of the contract. The tracking system shall maintain the complete maintenance history of any given cylinder, dewar, and lecture bottle for the life of each unit during the life of the IDIQ.

3.7 TRACKING SYSTEM CAPABILITIES

The tracking system shall have web-based ordering capabilities. The Contractor shall establish an on-line ordering capability for NIST that includes all products and services authorized under this IDIQ, and their associated prices. NIST must be able to place Orders on-line. Products, services and prices must be updated annually by the Contractor should the IDIQ be modified.

3.8 ORDER CONFIRMATION

The tracking system shall print an Order confirmation which includes all the following for each Order placed:

a) Name of supplier;

b) Date (of order placement);

c) Order Number or Purchase Order Number;

d) AOO placing the Order;

e) Name of End User

f) Drop off/Pick up location

g) Itemized list of products and/or services purchased including name of gas purchased;

h) Quantity, unit of issue, unit price, and total amount of each product and/or service;

i) Required delivery date;

j) Comments and/or special shipping instructions.

3.9 MAINTENANCE AND REPAIR DELIVERY TICKET ATTACHMENT

For maintenance and repairs performed by the Contractor, an attachment with an itemized list of services ordered shall be provided with the delivery ticket. For NIST-owned cylinders, the Contractor must identify the NIST cylinder number and serial number for each cylinder and each maintenance and/or repair item authorized by the IDIQ.

3.10 TRACKING SYSTEM ORDER TRACKING

The tracking system shall track Orders on-line by Order number. This capability must summarize the order and order history including information from all required fields.

3.11 TRACKING SYSTEM E-MAIL ALERTS

E-mail alerts will be sent to the end user upon delivery of the cylinder to the user’s drop-off/pick-up location. NIST will load the required e-mail addresses for users. The tracking system must be able to store e-mail addresses and build an active e-mail customer list of previously inputted customers to expedite data input.

3.12 REPORTING REQUIREMENTS FOR CYLINDER USAGE FEES OVER ONE YEAR

Weekly reports shall be electronically available by User ID and AOO at NIST for all cylinders over the one-year cylinder usage fee. Reports shall be sent via e-mail to a pre-determined list of NIST customers for a specified period. Weekly reports shall also be sent electronically to NIST users for all cylinders that have arrived at the NIST drop-off/pick-up locations.

3.13 FLAT FILE

The tracking system shall not be proprietary to the Contractor with respect to NIST’s data access.

Upon expiration of the period of performance, or the last option year, the Contractor shall provide a flat file, in CSV or Excel format, which includes all data described below. This flat file may be provided to any successor Contractor so that records are maintained and not lost.

Data shall include, at a minimum:

a) List of cylinders, dewars, lecture bottles by serial number;

b) Maintenance history of each cylinder;

c) Current status of each cylinder and dewar; and

d) List of cylinders taken out of service and returned to NIST;

e) List of lecture bottles purchased and destroyed;

f) All information listed at 3.4.

3.14 IT SECURTIY REQUIREMENTS OF TRACKING SYSTEM

Security Assessment and Authorization

The Contractor shall have FedRAMP authorization or an Authorization to Operate (ATO) letter issues by a Federal Government agency as evidence that they have been assessed and authorized.

If using an ATO letter, that letter shall clearly state the impact level (e.g., moderate or high) at which the Contractor has been assessed and authorized. If subcontractors are involved, each party shall have the above stated FedRAMP authorization or Federal agency-issued ATO letter stating the authorization. While FedRAMP authorization or ATO is preferred, in lieu of the above the Contractor, and/or its subcontractors, may demonstrate that they have passed an independent security audit (e.g., Statement on Standards for Attestation Engagements (SSAE), PCI Data Security Standard (PCI DSS)).

Post contract award, the Government will perform a review for a local ATO decision which is required for go-live, and ongoing security assessments for continuous monitoring thereafter. The Contractor will be notified by the Government of any identified security risks. The Contractor shall respond to the Government with an action plan and schedule to mitigate security risks found within 10 business days of notification. The Government will notify the Contractor of if the action plan and schedule are acceptable. The Contractor shall implement the action plan according to the agreed-upon schedule.

Two-Factor Authentication

The Contractor shall configure it tracking system to be compliant with the Homeland Security Presidential Directive 12 (HSPD-12): Policy for a Common Identification Standard for Federal Employees and Contractors.

The preferred user authentication capabilities include integration with the NIST Active Directory Federation Services (ADFS), FICAM TFS-approved Identity Service(s), and application-issued credentials. The NIST ADFS instance can provide both Kerberos-based SSO and PIV card authentication for NIST staff. External collaborators shall be given the option of using acceptable third-party credentials or establishing a credential with the Contractor-provided solution.

Applications that cannot integrate with the NIST ADFS will implement user authentication via Government-issued PIV cards, approved third-party credentials, and Contractor solution-provided credentials. Third-party authentication must be consistent with NSTIC, with providers and protocols approved by the Federal Identity, Credential, and Access Management (FICAM) Trust Framework Solutions (TFS) Program. In all cases a Contractor solution-provided credential must also be supported to allow access by external collaborators that do not have or do not wish to use a trusted third-party credential.

If the Contractor is not compliant with HSPD-12 by the contract award date, the Contractor shall provide the Government with a statement regarding its plans to implement HSPD-12, including timeframe.

Privileged Access

The Contractor shall ensure that privileged access controls are properly implemented. Personnel with privileged access to the Government data is appropriately granted and utilized.

Internet Protocol Version 6 (1Pv6)

The tracking system shall be accessible through both Internet Protocol Version 6 (IPv6) and 1Pv4. If not already compliant, the Contractor shall provide the Government with a statement regarding its plans to implement 1Pv6, including timeframe.

Transport Layer Security (TLS) Protocol

The Contractor shall ensure that the tracking system supports a higher version of TLS (i.e., TLSv1.2) protocol. If not already compliant, the Contractor shall provide the Government with a statement regarding its plan to implement TLSv1.2, including timeframe.

Incident Response

The Contractor shall ensure coordination of its incident response team with the NIST Security Implementation and Incident Team (SIIRT), ensuring that incidents are reported consistent with NIST SP 800-61, Computer Security Incident Reporting Guide, and the United States Computer Emergency Readiness Team’s (US-CERT) Concept of Operations for reporting security incidents. Specifically, any confirmed incident of a system containing NIST data or controlling NIST assets shall be reported to SIIRT within three (3) hours that results in unauthorized access, loss or modification of NIST data, or denial of service affecting the availability of NIST data.

The Contractor shall be able to provide any application and operating system logs associated with an incident as well as a file system timeline for potentially compromised hosts and any additional files referenced during forensic analysis upon request. Logging must be enabled and available for up to 90 days.

The Contractor must provide a point of contact for security questions and ongoing security assessments for continuous monitoring.

3.15 MAINTENANCE OF THE TRACKING SYSTEM

The Contractor shall maintain the tracking system. The tracking system shall be upgraded by the Contractor at their discretion, as required at no additional cost to the Government. To the maximum extent practicable, upgrades shall be performed outside of regular business hours.

The Contractor shall notify the Government within two business days that an upgrade has occurred. Upgrades must not impede the functionality of the system in a negative manner or otherwise cause data to be lost, compromised, or skewed. The Contractor shall exert their best effort to minimize down time. At no time can down time exceed three consecutive calendar days.

The Contractor must provide documentation of the security controls utilized by the tracking system, e.g. access controls, physical controls. While the system is owned by the Contractor, NIST is required to perform an annual security assessment of the system.

4. CONTRACTOR SECURITY ACCESS AND VETTING

4.1 CONTRACTOR DELIVERY DRIVERS

During regular business hours (7 a.m.–5 p.m.), delivery drivers must produce current, valid photo identification. The contractor will comply with all NIST Boulder security requirements that are in place at the time of contract award and any future requirements NIST Boulder requires. NIST Boulder retains the right not to approve a delivery driver's access to NIST Boulder.

4.2 SECURITY OFFICE HOURS

In accordance with current security requirements at federal facilities, visitor access to NIST sites during security hours - 7:00 p.m. – 6:00 a.m., Monday-Friday, and all day Saturday and Sunday - is restricted and requires all visitors to be escorted unless issued a badge.

All visitors who require access to the NIST sites during security hours must be specifically authorized. If authorized, all visitors shall:

a) Proceed to the Main Gate entrance and present a valid photo identification.

b) Sign in and out of the facility.

c) Be escorted at all times by the sponsoring individual who has authorized security hours access to the NIST facility.

d) Foreign Nationals (Non-Permanent Residents) requiring access must obtain prior approval from the NIST Office of Security.

e) Sponsors must escort authorized visitors when accessing NIST facilities and/or non-public areas during security hours.

Visitors who entered the NIST campus during non-security hours but their visit will require them to exit the campus during security hours, must:

a) Contact the Police Services Group, with their sponsor, to obtain authorization to extend their visit; and,

b) Both the visitor and sponsor shall comply with the security procedures outlined above.

All visitors exiting NIST sites during security hours must exit via the Main Gate and return their paper visitor badge to security personnel.

Sponsors of visitors during security hours will be required to display their NIST or Federal badge prior to visitor entry. This information shall be recorded within the registration log. Sponsors are responsible for ensuring the escorted visitor complies with all DOC/NIST and federal regulations while on the site.

4.3 LIMITED ACCESS PASS FOR SERVICE PROVIDERS AND VENDORS

The purpose of the Limited Access Pass is to allow access to public areas only (escort required for non-public areas) of the campus for specific frequent-access visitors without requiring processing through the Office of Security.

a) Limited access pass holders may access the site Monday – Friday, 6:00 am – 7:00 pm.

b) Limited access passes must be returned to the issuing office upon expiration of the pass or upon termination of site access privileges.

c) Must be sponsored by a NIST employee, who must complete and submit an DN-52, Visitor Gate Pass Authorization for Release of Information. The DN-52 will be submitted to the visitor’s center.

d) Service Provider/Vendor passes shall be issued for one year duration to individuals that are providing a service to the organization.

5. ORDERING PROCESS, PROCEDURES AND FEES

5.1 INTRODUCTION

COMPRESSED GAS - Compressed gases are analytical gases. These gases are needed on a recurring basis and the most often used. Compressed gases used by NIST may be subject to change. However, changes will be incorporated via a modification to the IDIQ.

NIST-owned cylinders may be utilized. All cylinders must be filled and delivered to NIST with at least 95% fill pressure allowed by DOT based on the size and material of the cylinder. Compressed gases can be delivered in a Contractor-owned or an existing NIST-owned cylinder that meets the safety requirements or the contractor must allow the cylinder be purchased for ownership by the government. Any cylinder purchased by the government or already owned by the government shall not have any Cylinder Usage Fees associated with that purchase.

SPECIALTY GASES - Specialty gases are those gases that NIST Boulder does not have a high demand for, but will be required for research. Specialty gases can be delivered in a Contractor-owned or an existing NIST-owned cylinder that meets the safety requirements or the contractor must allow the cylinder be purchased for ownership by the https://inet.nist.gov/forms/upload/dn52_6-2012.pdf https://inet.nist.gov/forms/upload/dn52_6-2012.pdf government. Any cylinder purchased by the government or already owned by the government shall not have any Cylinder Usage Fees associated with that purchase.

The required gases will vary according to specific needs and will provide the specific mixture that meets their requirements to the AOO. Specifics of each mixture will be provided with each request for pricing for specialty gases. The contracting officer must approve, either via a work authorization or a task order, the purchase of specialty gases.

The contractor shall not deliver specialty gases without approval by the contracting officer.

NIST Boulder will purchase specialty gases in cylinders ranging in size from a lecture bottle to a 50 cubic liter water capacity cylinder.

CYLINDER - Cylinder refers to a pressure vessel designed for pressures higher than 40 psi and having a circular cross section excluding a portable tank, multi-tank car tank, cargo tank or tank car.

DEWAR - Dewar refers to a pressure vessel designed for holding liquid cryogens such as liquid Helium and liquid Nitrogen, and having a circular cross section..

NIST Boulder will purchase liquid Helium in dewars ranging in size from 100L to 250L.

NIST Boulder will purchase liquid Nitrogen in dewars ranging in size from 180L to 240L.

Dewars may be Contractor-owned or NIST-owned. It is anticipated that steel and aluminum cylinders, as well as other cylinder types will be utilized based on the mixture composition being ordered. The Government reserves the right to require a certificate of analysis (cylinder specific), or a certificate of conformance (lot specific). This requirement will be identified at the time the request for quote is issued.

5.2 CYLINDER USAGE FEE

Contractor-owned cylinders and dewars shall have a Cylinder Usage Fee instead of a rental fee, and shall be billed at the time the gas is ordered. The Cylinder Usage Fees shall be invoiced with the gas or cryogen purchased on a monthly basis.

When the amount of fees paid by NIST equals the cost of the Cylinder, Cylinder Usage Fee’s shall stop, and the Cylinder shall become the property of the NIST. At any point, the government has the right to buy the cylinder at the replacement value provided by the Contractor in the original price quotation, less the Cylinder Usage Fee paid for that cylinder.

5.3 SPECIALTY GAS QUOTE

The AOO will issue requests for quotes for specialty gases to the Contractor via e-mail. These requests are non-binding. The Contractor shall confirm receipt of the request for a quote, via e-mail to the AOO, not later than one business day after receipt of the request for quote. The Contractor shall provide a quote for the required specialty gas via e-mail, not later than two calendar days after receipt of the request for quote unless the government has an urgent need.

The quote can only be approved by the CO. All specialty gas quotes submitted by the contractor shall include all the following information:

a) AOO requesting the quote

b) Description provided by NIST;

c) Specifications of specialty gas being quoted by the Contractor;

d) Agreement to provide written certification of the mixture and the purity;

e) Quantity;

f) Unit of Issue;

g) Unit Price;

h) Extended total amount;

i) Delivery timeline.

The Contractor’s quote will be evaluated for compliance with required specifications, including cylinder size, and delivery timeline. Price shall be evaluated for reasonableness. The CO will make the final acceptance of the quote for the government. Once the CO has approved the quote, the contractor will update the tracking system.

The CO may issue a modification to the IDIQ to include the new specialty gas and pricing, if the specialty gas becomes a recurring need.

The Government reserves the right not to place an Order if the Contractor’s quote does not meet all required specifications, cylinder size, and/or if the price quoted cannot be determined to be fair and reasonable. Additionally, the government reserves the right to purchase the specialty gas from a different contractor.

5.4 SPECIALTY GASES LECTURE BOTTLES

When specialty gases are required to be delivered in lecture bottles, NIST will assume ownership of the lecture bottle upon acceptance of the gas mixture. Lecture bottles must be tracked in the tracking system. Lecture Bottle serial numbers shall be utilized for tracking.

5.5 SPECIALITY GASES LECTURE BOTTLE RETURNS

The Contractor shall accept any lecture bottles ordered under this IDIQ for return and disposal during the performance period of this IDIQ. The Contractor’s obligation to dispose of lecture bottles purchased under this IDIQ expires when the period of performance expires.

5.6 CERTIFICATION OF DESTRUCTION FOR SPECIALITY GAS LECTURE BOTTLE

The Contractor shall provide NIST a certificate of destruction for each lecture bottle that the Contractor destroys and subsequently disposes of. The certification shall include, at a minimum, the appropriate nomenclature for the lecture bottle being destroyed, and the date of destruction.

5.7 NIST PLACEMENT OF ORDERS

The Contractor shall not perform any service or deliver any product without issuance of an order by a NIST AOO using the tracking system.

A list of AOOs will be provided to the contractor in writing by the CO. Only AOOs authorized in writing by the CO may place orders. The Government will consider an order placed upon issuance of the order through the tracking system.

5.8 ORDER DELIVERY TICKET

All orders shipped to NIST shall be delivered with an itemized order delivery ticket and shall include all the following:

a) Order Number;

b) IDIQ Delivery/Task Order number

c) Date (of order placement);

d) Itemized list of products and/or services purchased including name of gas purchased and in the case of specialty gas, the formulated mixture.

e) Quantity, unit of issue, unit price, and total amount of each product and/or service;

f) Delivery date;

g) Serial number of all cylinders being delivered;

h) NIST AOO placing the order;

i) Designated Drop Off/ Pick Up Location;

j) Signature of government representative that accepts and inspects the order;

k) Any special handing, safety requirements, comments or special shipping instructions.

Delivery tickets shall not contain more than one AOOs orders.

5.9 ELECTRONIC ORDER CONFIRMATION

The Contractor shall provide an electronic order confirmation through the tracking system as well as an itemized delivery ticket. A delivery ticket shall accompany all deliveries. The order confirmation shall list all the products and services ordered, delivery date for each product and service ordered in accordance with the IDIQ requirements and the delivery time and location agreed upon between the Contractor and the AOO.

5.10 RETURN AUTHORIZATION

The Contractor shall be 100% responsible all for return authorizations. Return authorization include the return of over shipments, damaged items, duplicate orders, incorrect shipments, any product that is received in error from the Contractor, and/or any delivery made without a prior authorized order and if not ordered by an authorized ordering official.

To the maximum extent practicable, the Contractor must correct any non-compliance issue and/or provide consideration not later than seven days from the date the issue is identified to the

Contractor at no cost to the Government. Based on the issue identified, the Government may authorize a longer resolution time. When applicable, the Contractor must facilitate the return process and issue a credit to the Government’s account within 5 days after notification of an issue by the Government.

5.11 RETURN OF CONTRACTOR- OWNED CYLINDERS, DEWARS, AND LECTURE

BOTTLES

Returnable cylinders and dewars shall remain the Contractor’s property, and should be returned to a designated NIST drop off location.

5.12 LOST AND REPLACEMENT FEES

Each Contractor-owned cylinder or dewar lost or damaged beyond repair while in NIST’s possession is the responsibility of NIST. NIST shall pay to the Contractor the replacement value provided by the Contractor in the original price quotation, less the Cylinder Usage Fee paid for that cylinder.

Lost contractor-owned cylinders shall not become NIST property and will be returned to the Contractor as they are located. Replacement values for liquid cryogen dewars shall be subject to revision by the Contractor and review by NIST on an annual basis not sooner than one hundred twenty (120) days and not later than ninety (90) days prior to the effective date of a modification to exercise an option period

5.13 NIST RECOVERY OF LOST CYLINDERS AND DEWARS

If any cylinder or liquid cryogen dewar is located within thirty (30) calendar days after NIST paid a lost and replacement fee, the cylinder or dewar may be returned to the Contractor by NIST, and the Contractor shall pay to the Government an amount equal to the replacement value, less the Cylinder Usage Fee.

5.14 REPLACEMENT VALUE FEE LIMITATION

The Contractor shall bill the Government the balance of the replacement value, less the Cylinder Usage Fee, for individual cylinders or liquid cryogen dewars that are not returned to the Contractor once the replacement value of the cylinder or liquid cryogen dewar has been reached.

The Contractor shall notify the Government of its intent to bill for the balance of the replacement value; and the Government has been afforded no fewer than sixty (60) days to return the cylinder or liquid cryogen Dewar to the Contractor.

5.15 CONTRACTOR-OWNED CYLINDER AND DEWAR LOANERS

All requests for pricing information for each cylinder or liquid cryogen dewar to be loaned shall contain:

a) Description of gas or cryogen;

b) Type and size of cylinder to be loaned;

c) Cost of gas;

d) Cylinder Usage Fee;

e) Additional fees as appropriate;

f) Cylinder replacement value; and

g) Lead time for delivery.

h) Serial number, bar code, or other identifying mark.

5.16 CONTRACTOR-OWNED NIST LOANER REPORT

The Contractor shall email a copy of the current Contractor-Owned NIST Loaner Inventory to the AOOs monthly. Within ten day (10) days of receipt, the AOOs, will review the inventory and report any discrepancies in writing to the Contractor.

The listing of Contractor-owned cylinders and liquid cryogen dewars loaners in NIST inventory shall contain the following information:

a) Serial Number;

b) Barcode Number;

c) Description of gas or cryogen;

d) Delivery Date; and

e) Replacement Value

5.17 CONTRACTOR-OWNED CRYOGEN VALVE FAILURE

If NIST reports a failure of a liquid cryogen valve on a Contractor-owned dewar, the contractor will immediately replace the valve. If any portion of the dewar contents is vented not due to NIST’s fault, the contractor will replace the liquid cryogen, or provide NIST with a credit.

5.18 CONTRACTOR-OWNED CYLINDER AND LECTURE BOTTLE BAR CODE LABELS

Prior to shipment of the specialty gas in a Contractor-owned cylinder, the Contractor shall affix a bar code label, in accordance with the requirements, that is the actual serial number of the cylinder and/or lecture bottle (as appropriate) being delivered. This serial number shall be entered into the tracking system by the Contractor prior to the cylinder/lecture bottle being shipped. The cylinder/lecture bottle can then be tracked by NIST and the Contractor.

6. MAINTENANCE AND REPAIR

6.1 CYLINDERS

The maintenance and repair of Contractor and NIST owned cylinders shall be performed as required to keep the cylinders to the standards described in the requirements.

This section assumes that the same gas types will be in the same cylinders. The Contractor shall not change the gas types in cylinders without the prior approval of the AOO.

All maintenance, repairs, and recommended services must be recorded in the tracking system.

The Contractor shall not perform maintenance, repairs and/or recommended services without an authorized Order number from an AOO. Cylinders shall be prepared for shipping, transportation, and delivery in accordance with 49 Code of Federal Regulations and other applicable regulations.

6.2 GENERAL INSPECTION

Before refilling any cylinders, the Contractor shall perform an overall inspection of each cylinder, safety cap or safety yoke, and valve. If any deficiencies are noted during this inspection and/or during the filling process, the Contractor shall provide recommendations for repair of deficiencies to the AOO through the tracking system.

6.3 LETTERING AND STENCILING

Cylinders shall be clearly and legibly lettered and stenciled as follows:

a) “NIST” shall be stenciled on the side of each cylinder in all capital letters. Letters must be a minimum height of 2”;

b) United Nations (UN) markings must be stenciled on the side of each cylinder. Marking shall be in accordance with Department of Transportation/Code of Federal Regulations (DOT/CFR) 49.172.300. Nomenclature must be a minimum height of 2”;

c) The name of the gas must be stenciled on the side of each cylinder. Letters must be minimum height of 2”;

d) A National Fire Protection Association (NFPA) hazard diamond, with the appropriate hazard levels filled in, must be affixed to each cylinder. The hazard diamond must be affixed to the side of the cylinder. The hazard diamond must measure 3” x 3” at a minimum.

Lettering and stenciling must be completed not later than 30 days after the order is placed.

6.4 PAINTING AND STRIPPING

The stripping process must remove all paint down to the metal. Painting shall include priming, painting the body and shoulder of the bottle, and touch up painting. The body of each bottle shall be painted gray. The shoulder of each bottle shall be painted a different color based on the Contractor’s color coding system. Each gas must have a different color. Paint shall be touched up, as needed, to minimize scratches.

Full cylinder stripping and painting must be completed not later than 30 days after the order is placed. Touch up painting must be completed not later than 7 days after the order is place.

This statement of work does not include a paint specification; however it is required that paint used for all cylinders is industry standard that can hold up against weather conditions, and normal wear and tear, including, at a minimum, chipping, peeling, blistering, and/or fading for a period of five years.

6.5 SAFETY CAPS

Safety caps means a separate, threaded, cap that is used to cover the valve in transport to protect the valve assembly. All NIST cylinders currently have safety caps, but cylinders that have a permanently attached valve protection to the cylinder, are acceptable. Safety caps must be properly installed on each cylinder. If a safety cap is damaged by the Contractor, it must be replaced with a functional cap at the Contractor’s expense. If the Contractor notes that a cylinder is received from NIST with a damaged safety cap, the Contractor must notify NIST for a replacement.

6.6 VALVE ASSEMBLY REPLACEMENT

Valve assemblies (valves) must be replaced as needed. The Contractor must contact NIST for a replacement valve assembly when the valve assembly is damaged or otherwise not functional; or when the cylinder undergoes a change of service requiring a change in the CGA valve.

If a valve is damaged by the Contractor, it must be replaced with a functional valve at the Contractor’s expense. All damaged valves must be returned to NIST at the Contractor’s expense.

6.7 NON-REPAIRABLE CYLINDERS

The Contractor shall notify NIST when a cylinder is non-repairable. Identification shall be documented in the tracking system for cylinders that the Contractor believes are not repairable.

NIST shall make the final determination and document that determination through the tracking system. The Contractor shall return NIST-owned non-repairable cylinders to NIST. The Contractor is responsible for repair of Contractor-owned cylinders. The cylinder number in the tracking system shall be retired. The tracking system shall identify the cylinder number as “retired”.

6.8 HYDROSTATIC AND ULTRASONIC TESTING

Hydrostatic testing and ultrasonic testing are both acceptable test methods. The test methods utilized must meet all applicable regulations. The hydrostatic test date shall be stamped on the shoulder of each cylinder. NIST requested testing must be completed not later than 30 days after a test order is placed by NIST.

7. SHIPPING AND HANDLING

7.1 SHIPMENT AND DELIVERY OF ORDERS

Delivery terms shall be to a NIST Drop off/Pick up location, NIST Boulder, Colorado. Unit prices shall be inclusive of all shipping and handling charges. Cylinders shall be prepared for shipping, transportation, and delivery in accordance with 49 Code of Federal Regulations and other applicable regulations.

All cylinders shall be able to be safely used in the condition that they are delivered. Containers and packaging shall comply with Uniform Freight Classification rules, or regulations of other carriers, as applicable to the mode of transportation.

The Contractor shall inform the AOO verbally and on the delivery ticket at time of delivery of any hazardous or toxic gases being delivered and any special handling instructions. Hazardous and/or toxic gases will be properly marked on the cylinder or container and must comply with

NIST S 7101.61.

7.2 REGULAR DELIVERY SCHEDULE

All scheduled and unscheduled Drop off/Pick up times shall be coordinated with the AOO. If the Contractor cannot meet any of the following requirements, they shall provide their proposed alternative delivery schedule for evaluation.

The Contractor shall schedule delivery of cylinders and pick-up of empty cylinders in accordance with the following requirements:

• COMPRESSED GAS shall be delivered not later than two (2) business days after order is placed. This requirement will be identified at the time the order is placed and coordinated with the CSR. Occasionally gases are required to be delivered on the same day, or next day. AOOs will coordinate as needed with the CSR.

• SPECIALTY GASES orders will normally be placed by noon on Monday each week and shall be delivered within the contractually accepted timeframe and coordinated with the AOOs. Additionally, specialty gases may be required to be delivered on the same day or within 24 hours. This requirement will be identified at the time the order is placed and coordinated with the CSR and AOO.

• LIQUID NITROGEN orders will normally be placed by noon on Monday each week and shall be delivered not later than two (2) business days after order is placed and coordinated with the AOO. Additionally, liquid Nitrogen may be required to be ordered and delivered within 24 hours. This requirement will be identified at the time the order is placed by the AOO and coordinated with the CSR and AOO.

• LIQUID HELIUM orders will normally be placed by noon on Monday of each week and shall be delivered not later than the following week and coordinated with the AOO.

Additionally, liquid Helium may be required within 2 days. This requirement will be identified at the time the order is placed by the AOO and coordinated with the CSR and AOO. NIST will be designated as a priority Customer for deliveries of Liquid He in order to support fundamental science and research activities critical to meeting the mission of NIST.

• MAINTENANCE SERVICES: The Contractor shall complete maintenance and repair of cylinders in accordance with the requirements of the contract.

7.3 SPECIALTY GAS DELIVERY SCHEDULE

It is anticipated that all specialty gases will be delivered not later than one month from the date the Order is placed, however, the CSR shall provide the delivery timeline in their response to each request for quote. Most delivery timelines will be quoted by the Contractor, however, specific delivery requirements for any specialty gas will be specified in the request for quote.

7.4 DELIVERY SCHEDULE CHANGES

The Contractor shall provide written notice to the AOO if delivery schedule timelines cannot be met. Modified delivery timelines must be approved, in advance, by the AOO. For Compressed gas, notice must be provided not later than 24 hours after the order is placed. For specialty gases, notice must be provided within 24 hours of the Contractor’s identification of a delay.

7.5 EXPEDITED DELIVERY

NIST reserves the right to require expedited delivery as needed. Fees associated with expedited delivery will be negotiated by the Contractor prior to the Order being placed.

7.6 SCHEDULED AND UNSCHEDULED CLOSURES

If NIST is scheduled for closure for any reason on order or delivery days, the following revised schedule shall apply. Scheduled closures include Federal holidays. If the closed date falls on a delivery date, then the delivery will be scheduled for the first business day following the normal delivery date. If NIST is closed due to national emergency, inclement weather, Government shutdown or for any other unscheduled closure on delivery days, delivery shall occur on the following business day. The Contractor can verify NIST’s open status during the winter months when snowing using telephone number 303.497.4000. The Government will not be responsible for costs incurred by the Contractor for unsuccessful delivery attempts associated with national emergency, inclement weather or for any other unscheduled closure.

7.7 NIST BOULDER DELIVERY DROP OFF/PICK UP LOCATIONS

Products ordered shall be delivered to the NIST designated delivery area on the delivery ticket.

Cylinders shall be picked up at the same delivery areas and coordinated between the contractor and the AOO. The following designated delivery areas are established:

• Drop off/Pick up location 1: Bldg. 1 Wing 2

• Drop off/Pick up location 2: Bldg. 1 Wing 3

• Drop off/Pick up location 3: Bldg. 1 Wing 6

• Drop off/Pick up location 4: Bldg. 2/81 Dock

• Drop off/Pick up location 5: Bldg. 2 Annex

• Drop off/Pick up location 6: Bldg. 24

• Drop off/Pick up location 7: Bldg. 12

• Drop off/Pick up location 8: Bldg. 5

• Drop off/Pick up location 9: Contact: Allen Wayde, Table Mountain 8600 N. 39th St.

Longmont, CO. 80503

7.8 DELIVERIES TO LABORATORIES

NIST reserves the right to require the Contractor to deliver specialty gases to the end user’s laboratory. This requirement will generally apply to gases that are hazardous and/or toxic or in excessively large containers. The NIST AOO will identify this need at the time of order placement and the location of the laboratory.

7.9 DELIVER OF MULTIPLE AOO ORDERS

When the Contractor delivers orders containing multiple AOO orders, each order shall be delivered with a ticket specific to the order and AOO. Each order shall be segregated by AOO and delivery location. The orders shall be palletized as needed.

7.10 DELIVERY OF PARTIAL SHIPMENTS

Partial deliveries must be approved in advance by the AOO placing the order. The products or completed services being delivered and any backorders must be updated by the Contractor in the tracking system.

When the balance of a partial shipment is delivered, the Contractor shall identify the partial shipment by putting a suffix on the order number (i.e. order number-1 or -2) on the delivery ticket.

8. RECEIVING AND INSPECTION

8.1 INSPECTION AND ACCEPTANCE

It shall be the responsibility of the Contractor to ensure that (1) all specifications are met for all deliverables; and (2) Cylinders are delivered with a safety cap (contractor-provided) on the valve. Upon receipt of a delivery, cylinders will be inspected by the Government to verify item 2 above is met as applicable. Latent defects (i.e. non-compliance with gas specifications), will be documented in the tracking system and communicated in writing to the CSR, via e-mail, through the AOO and/or the Contracting Officer.

The Contractor shall be responsible to correct all defects and/or deficiencies for any cylinders that do not meet all requirements above. A replacement cylinder must be delivered not later than 2 business days after the rejected cylinder(s) is/are returned to the Contractor. The tracking system will be updated by the AOO to document the return and the reason for the rejection. The CO reserves the right to negotiate consideration for delays encountered due to rejected cylinders.

8.2 GAS EVAPORATION:

The contractor will certify in writing the quantity of all Liquid Helium and Liquid Nitrogen delivered. Contractor provided dewars for liquid helium shall have a daily static loss rate of no more than 1%. The Government will accept a loss no greater than 5% of the total volume at the time of delivery for Liquid Helium. The Government will accept a loss no greater than 10% of the total volume at the time of delivery for Liquid Nitrogen.

9. INVOICING AND PAYMENT

9.1 INVOICING:

All orders shall be invoiced in accordance with the clause entitled “Billing Instructions”.

9.2 PARTIAL PAYMENTS

The Government does not intend to authorize partial payments. NIST will place orders for products and services with comparable delivery timelines to avoid partial payments.

9.3 CONTRACTOR NOTIFICATION TO NIST OF IDIQ AVAILABLE FUNDS

The government intends to issue a funded delivery order for the period of performance for the base year and/or each option year(s) exercised at the discretion of the government.

IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO NOTIFY THE CO, CSR

AND THE AOO’S WHEN 70%, 80%, AND 90% OF THE FUNDED DELIVERY ORDER

AMOUNT HAS BEEN USED. THE CONTRACTOR SHALL NOT ACCEPT ANY

ADDITIONAL ORDERS WHEN 95% OF THE FUNDED DELIVERY ORDER

AMOUNT HAS BEEN USED WITHOUT THE WRITTEN AUTHORIZATION OF THE

CO.

10. TASKS

10.1 DATA RIGHTS

The Government will maintain unlimited data rights to all data produced under this IDIQ in accordance with FAR 52.227-27 Rights in Data—General.

10.2 BAR CODING OF CYLINDERS, DEWARS, AND LECTURE BOTTLES

Bar Coding of NIST-Owned Cylinders shall be maintained with a bar code that represents the cylinder serial number. The Contractor must affix and maintain a label with a bar code for the cylinder serial number. Each bar code label must be ¾” high by 2” wide, must be suitable for exterior use, and for use in all weather conditions, laboratory conditions, and must be paint resistant. The size of the bar code on the label shall utilize available label space to the maximum extent practicable.

Labels must be white in color and be pre-printed with “PROPERTY OF NIST BOULDER” in black bold text.

During the life of the cylinder, the Contractor must ensure that the bar codes are legible and scannable, replacing the bar codes as needed.

If bar codes do not currently exist on any NIST-owned cylinders. Bar codes shall be applied by the Contractor to each cylinder when received by the contractor.

10.3 BAR CODING OF CONTRACTOR-OWNED CYLINDERS

Each Contractor-owned cylinder and lecture bottle shipped to NIST shall be maintained with a bar code of the serial number. The Contractor must affix and maintain a label with a bar code for the serial number. Each bar code label must be ¾” high by 2” wide, must be suitable for exterior use, must suitable for use in all weather conditions, laboratory conditions, and must be paint resistant. The size of the bar code on the label shall utilize available label space to the maximum extent practicable. Contractor-owned cylinders shall have a label with “Property of (Contractor Name)”

The Contractor must ensure that the bar codes are legible and scannable, replacing the bar codes as needed.

10.4 GOVERNMENT FURNISHED PROPERTY

Throughout the period of performance of the IDIQ, the Contractor may store quantities of NIST-owned cylinders at the Contractor’s site to assist the Contractor in meeting delivery requirements for gases. This space must be a controlled setting, with perimeter security, and controlled access.

Cylinders stored at the Contractor’s site shall be Government Furnished Property in accordance FAR 52.245-1. Cylinders stored at the Contractor’s site shall not be used for any other purpose than to provide gas for NIST, with access for the CO to perform inventory control as needed.

The Contractor shall document the location of all cylinders via the tracking system. Electronic records documenting ordering quantity to NIST/NOAA receiving and inspection, and the current stock will be maintained by the vendor.

10.5 POST AWARD CONFERENCE

The contractor shall participate in a post award conference, date TBD, at NIST campus, Boulder.

10.6 NIST/CONTRACTOR PARTNERSHIP MEETING

The Contractor shall participate in partnership meeting during the life of the contract. Partnership meeting will be at the NIST campus, Boulder. The times and dates shall be agreed upon between the Contractor and the CO.

10.7 QUALITY ASSURANCE

a) The contractor shall deliver all gases in the proper cylinders, dewars, or lecture bottles as prescribed by safety requirements and within the agreed delivery times;

b) The contractor shall deliver, pick up, and move gases in compliance with all industry and…