B-2 Final Combined Synopsis and Solicitation - 1333ND26QNB480368 - 7-13-2026.pdf

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Manufacturing Data Analysis and Modeling Tool – 1333ND26QNB480368

THIS IS A SOLICITATION FOR COMMERICAL ITEMS PREPARED IN ACCORDANCE

WITH THE FORMAT IN REVOLUTIONARY FAR OVERHAUL (RFO) PART 12.2,

STREAMLINED PROCEDURES FOR EVALUATION AND SOLICITATION FOR

COMMERCIAL ITEMS, AS SUPPLEMENTED WITH ADDITIONAL INFORMATION

INCLUDED IN THIS NOTICE. THIS ANNOUNCEMENT CONSTITUTES THE ONLY

SOLICITATION; QUOTATIONS ARE BEING REQUESTED, AND A SEPARATE

WRITTEN SOLICITATION DOCUMENT WILL NOT BE ISSUED. THE SOLICITATION IS

BEING ISSUED USING SIMPLIFIED ACQUISITION PROCEDURES.

The Request for Quotations (RFQ) number is 1333ND26QNB480368. This synopsis/solicitation constitutes a RFQ and incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2026-1 March 13, 2026.

Offerors will be responsible for obtaining related amendments to this solicitation, if any, from SAM.gov. It is the responsibility of each potential offeror to monitor SAM.gov for any amendments or other information related to this solicitation. Any communications regarding this acquisition must be made in writing and forwarded via email to Robert Singman at robert.singman@nist.gov and shall identify the solicitation number, company name, company address, as well as point of contact email address and phone number.

The associated North American Industrial Classification System (NAICS) code for this procurement is 513210 with a small business size standard of $47.0 million. This requirement is being competed as unrestricted. The Government anticipates the award of a firm-fixed-price purchase order to the offeror that offers the best value to the Government using the Lowest- Priced, Technically Acceptable method.

BACKGROUND INFORMATION

The National Institute of Standards and Technology's (NIST's) Manufacturing Extension Partnership (NIST MEP) works as a catalyst to strengthen American manufacturing. Through a nationwide network of MEP Centers, MEP provides manufacturers with access to a wealth of tools, techniques, and other resources they need to succeed. With services ranging from innovation strategies to process improvements to the adoption of advanced manufacturing technologies, MEP offers tools, solutions, and resources to address manufacturers’ diverse challenges and opportunities. To support the mission of the MEP program, the Program Evaluation and Economic Impacts (PEEI) Division of NIST MEP seeks to purchase access to a manufacturing data analysis and modeling tool or service. This tool/service will help NIST MEP support the MEP National Network’s data-driven approach to enhancing the competitiveness and productivity of U.S. manufacturers and improving U.S manufacturing.

In order for NIST MEP and the national network of MEP Centers to be effective and efficient in the program’s data-driven approach to serving U.S. manufacturers and improving U.S.

manufacturing the program needs access to dynamic and relevant manufacturing data. NIST MEP is a go-to-resource for U.S. manufacturing, so having as much knowledge on the U.S.

manufacturing sector as possible is a must. The goal with this tool/service is to gain granularity in our understanding of U.S. manufacturing; from varying industry levels (NAICS), to varying geographical levels (county, state), to different occupational levels (SOC codes). The general need is for NIST MEP and the national network of MEP Centers to understand data trends in the U.S. manufacturing sector at the previously mentioned levels of detail. Being able to understand any changes that may be coming to the U.S. manufacturing sector and its subcomponents and being able to prepare for those changes are of importance to the program. Anything beyond (but including) data projection that can help the program get in front of changes to the manufacturing sector is of interest.

REQUIREMENTS

1. GENERAL REQUIREMENTS

The contractor shall provide a data tool/service that is hosted on a web-based platform that can be accessed via a site license. Being able to access the web-based platform wherever users are will allow NIST MEP to quickly gain access to aggregated manufacturing relevant data from multiple sources and use that data to analyze different aspects of U.S.

manufacturing, including changes in establishment counts, changes in employment numbers, supply chain identification and mapping, etc. The data tool/service must leverage data collected and/or aggregated and managed by the service provider. All data must be identified and populated by the service provider. NIST MEP will not be providing any data and data from the MEP program will not be used in the tool/service. NIST MEP requires access to a tool/service that leverages federal and state government data sets, plus other reputable data sources, to analyze the manufacturing sector in the U.S.. In general, the service provider may use proprietary data to fill in any gaps in the data sets and to project future trends. Proprietary data may be used more broadly than to fill in gaps and project, but reliability of the data must be discussed. This data will then be aggregated in the tool/service and used to populate analyses and reports which can also be automatically generated and downloaded from the tool/service.

The data service shall provide a flexible means through which NIST MEP can analyze the U.S. manufacturing industry. Flexibility should extend to, but not be limited to, both industry (NAICS code) and geography. At a minimum, data shall be available at the 6-digit NAICS level and National in scope, with data also available at the state and county level. Ideally, the data set will allow flexibility between the 3 to 6-digit NAICS codes and will also extend that flexibility to BLS Standard Occupational Classification (SOC) codes. The data service will leverage and combine reputable data sources, such as Federal and State Government data sets, and shall be updated on a regular basis (more than once per year). The outputs generated should be flexible, but at least come in the form of reports or spreadsheets. These reports will be used either internally within NIST MEP or disseminated to Centers across the MEP National Network to help with strategic planning, market research, workforce research, and targeted marketing, among other initiatives.

SPECIFIC REQUIREMENTS

Specifications / Criteria Requirements The tool must be web-based Web-based, accessible from any web browser.

5 Individual licenses which can be distributed by NIST MEP.

Users may include a mix of both NIST MEP and MEP Center staff.

Providing access (username and password) – via licenses to enable users to have access to the data service platform on the manufacturing sector.

Industry Detail Flexibility between 3 to 6-digit level NAICS codes.

Occupational Detail Flexibility between 2 to 5-digit SOC codes.

Geographic Detail National in scope but data also available at state and county level.

Product may be rated higher if they make data available at zip code and/or MSA levels.

Customization User-initiated customization (e.g. the user can do it inside the tool without needing the vendor)

Creation of customizable industries not otherwise defined (e.g.

combining manufacturing industries with research and development industries to form “innovation industries”)

Creation of customizable occupational groupings not otherwise defined (e.g. combining production and transportation occupations to form “manufacturing relevant” occupation groupings)

Creation of customizable geographies not otherwise defined (e.g.

combining Montgomery County and Frederick County in MD to form “Northwest DC Suburban Counties”)

Data Availability Data provided should be from reputable sources. If proprietary data provided, data reliability must be discussed. Historical data for the past 10 years and projected data for the next 10 years is necessary.

Data should include labor market information and broader economic indicators organized by both industry and occupation.

Product should include ability to model data. Additional workforce data seen as a plus.

All data should be provided by the service provider. MEP program data will not be used in the data tool or service.

Data Updates Updates at least twice per year are required, but quarterly updates are better.

Data Outputs The ability to sort, rank, download, and print various data outputs/reports is required.

The ability to extract information including charts and tables which must include proper attributes of source.

The ability to customize elements within the data service platform, including time frame, geography, and industry.

The ability to customize output/report screens and views. If the user can create their own front page/splash screen/dashboard or if the tool provides templates for manufacturing-specific output reports that would be seen as a plus.

Geographic Information System The ability to develop thematic maps based on different indicators (e.g. rates of manufacturing density, job density, average earnings, etc.).

Customer Support Dedicated Client Relationship Manager that is available to manage day-to-day needs to ensure NIST MEP receives the support needed to use the service effectively and efficiently.

Provide at least two (2) training sessions for users in NIST MEP that can be conducted via webinar.

Providing users with web alerts or RSS data feeds on data set updates and any updates to the platform

Quarterly Reporting Providing NIST MEP with quarterly reports containing information on the usage of the tool/service across the users registered, which elements of the service are being accessed, and other information to be determined

OS Compatibility Must be compatible with Microsoft Windows and MAC OS Hardware Compatibility Must be compatible with all existing Microsoft Windows and MAC hardware.

D. REPORTING REQUIREMENTS AND DELIVERABLES

Requirement Delivery Method Deliver to/Due Date C.2.1 Access to reports and information Electronic Every NIST MEP User and

COR

C.2.2 Industry Studies Electronic Every NIST MEP User and

COR

C.2.3 Information Extracts Electronic Every NIST MEP User and

COR

C.2.4 Technical Support Phone/ Electronic Every NIST MEP User and

COR

C.2.5 Training Sessions Phone/ Electronic Every NIST MEP User C.2.6 Industry alerts Electronic Every NIST MEP User C.2.7 Quarterly Usage Reports Electronic COR

PERFORMANCE

1. PERIOD OF PERFORMANCE

The base period of performance is one-year base and one one-year option period.

Base Period - October 1, 2026 – September 30, 2027 Option Period I - October 1, 2027 – September 30, 2028

2. PLACE OF PERFORMANCE

The place of performance will be at the NIST MEP Headquarters office in Gaithersburg, MD. The address is 100 Bureau Drive, Gaithersburg, MD, 20899, M/S 4800.

COMMERCE ACQUISITION REGULATION (CAR) 1352.215-72 INQUIRIES (APR

2010)

Offerors must submit all questions concerning this solicitation in writing, via email, to both the Contracting Officer, Robert Singman at robert.singman@nist.gov, and Contracting Officer Monica Brown at monica.brown@nist.gov. Questions should be received no later than five days

(5) calendar days after the RFQ was posted. All responses to the questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, the question responses included in the amendment to the solicitation will govern performance of the contract.

***All interested vendors shall provide a firm-fixed-price quotation for the following:

CLIN 0001

Description: Subscription to Industry Studies in accordance with the minimum specifications listed above:

Period of performance: One year from date of award Quantity: 1 EA

Contract Line Item Number (CLIN)

Description QTY PRICE APPLICABLE

DISCOUNTS

TOTAL

PRICE

CLIN 0001

Base Period

Manufacturing Data Analysis & Modeling Tool Online Subscription

CLIN 0002

Option Period I

Manufacturing Data Analysis & Modeling Tool Online Subscription

Period of Performance October 1, 2026 – September 30, 2027 October 1, 2027 – September 30, 2028

FAR 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

(DEVIATION JAN 2026)

CAR 1352.215-73 INQUIRIES (APR 2010):

Quoters must submit all questions concerning this solicitation in writing electronically to Robert Singman, Contracting Officer, at robert.singman@nist.gov. Questions must be received by or before July 28, 2026, at 11:00 AM ET. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation.

Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract.

Quotation Due Date mailto:robert.singman@nist.gov mailto:monica.brown@nist.gov

Quotations shall be submitted via email to robert.singman@nist.gov so that they are received by or before August 7, 2026, at 11:00 AM ET. To be considered for award, the Quoter must be an “active” registrant in the U.S. System for Award Management (SAM) at time of solicitation close.

Please reference the RFQ number in the subject line of email communications and packages mailed. Offerors’ quotations shall not be deemed received by the Government until the quotation is entered in the e-mail box set forth above.

The offeror shall hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers.

Addendum to FAR 52.212-1, Quotation Preparation Instructions:

Technical Proposal (Vol. I) and Price Quotation (Vol. II) Incomplete quotations may be considered non-responsive and removed from further consideration. Quotations shall be clearly and concisely written as well as being neat, indexed (cross-indexed as appropriate) and logically assembled. All pages of each part shall be appropriately numbered and identified with the name of the offeror, the date, and the solicitation number.

Volume I – Technical

Factor 1 - Technical Capabilities:

This Offeror shall describe their understanding of the requirements including the soundness of the Offeror’s proposed web-based tool and methodology to accomplish the following:

• Address all requirements in the Statement of Work for the contract.

• To provide a piece of web-based tool to bolster NIST MEP’s understanding and support of the US manufacturing sector.

• The proposed quality control plan for the contract.

• Data sets and modeling approaches are reliable and trusted

Factor 2 - Sample Report The Offeror must include one sample report each for the following industry and occupation at the state level (can be state of Offeror’s choosing), to demonstrate what will typically be included in a report output:

• Aerospace Products and Parts Manufacturing (NAICS 3331) and Industrial Production Managers (SOC 11-3050)

Along with the sample report, the Offeror should provide background information on the level of detail (geography, industry, occupation) covered by the Offeror’s proposed web-based tool:

1. Include a current list of all manufacturing industries (NAICS Codes) covered by Offeror’s tool, as well as all occupations (SOC Codes) covered by Offeror’s tool.

2. Include information on the level of geographical detail covered by Offeror’s tool.

3. Include information to show how often the data elements included in the Offeror’s tool are updated and notification of when the data elements are updated to users.

Volume II - Price Quotation:

Factor 3 - Price The offeror shall submit an electronic copy of the completed price quotation. The price quotation shall be separate from any other portion of the quotation.

The Government minimum requirement is subscription services for 5MEP users. Users may include a mix of both NIST MEP and MEP Center staff. Please provide pricing for Table 1.

Price quotations shall remain valid for a period of 90 days from the date quotations are due.

CAR 1352.213-70, Evaluation Utilizing Simplified Acquisition Procedures (APR 2010)

EVALUATION FACTORS FOR AWARD: The award will be made to the responsible offeror whose quotation is deemed to represent the best value to the Government. NIST reserves the right to make an award to other than the lowest priced quoter if the Contracting Officer determines that to do so would result in the best value to NIST. All Technical Evaluation Factors, when combined, are significantly more important than price. Technical Capability is more important than Sample Reports.

Evaluation Criteria:

Factor 1: Technical Capability Evaluation of Technical Capability shall be based on the information provided in the quotation.

NIST will evaluate whether the quoter demonstrates that the offered product(s) meet or exceed the specifications of the Statement of Work. Quotations that do not demonstrate compliance with the minimum specifications will not be considered further for award. The offeror needs to demonstrate their understanding of the requirement which is described in the Statement of Work.

In addition, the offeror needs to describe the level of industry, occupational, and geographical detail covered by Offeror’s tool and describe how often the data elements included in the Offeror’s tool are updated and notification of when the data elements are updated to users.

Factor 2: Sample Report

The Offeror shall provide sample reports which will be evaluated to determine if the report provides enough detail for the industry (NAICS) and occupation (SOC) codes requested. In addition, the report will be evaluated for the offeror’s current list of the manufacturing industries (NAICS Codes), as well as the occupations (SOC Codes) covered by Offeror’s tool.

Factor 3: Price

Price will be evaluated for reasonableness, accuracy, and completeness. The Government may use various price analysis techniques and procedures to make a price reasonableness determination.

(End of provision)

PROVISIONS

FAR 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sept 2024) FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality FAR 52.204-7, System for Award Management (Deviation OCT 2026) FAR 52.204-16, Commercial and Government Entity Code Reporting (JUL 2016) FAR 52.204-17, Ownership or Control of Offeror (JUL 2016) FAR 52.204-20 Predecessor Of Offeror (JUL 2016) FAR 52.209-2 Prohibition On Contracting With Inverted Domestic Corporations-Representation

(NOV 2015)

FAR 52.209-5 Certification Regarding Responsibility Matters (DEVIATION JAN 2026) FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (DEVIATION JAN 2026) FAR 52.209-12 Certification Regarding Tax Matters (Oct 2025) FAR 52.240-90 Security Prohibitions and Exclusions Representations and Certifications.

(DEVIATION JAN 2026)

CLAUSES

FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Jun 2020) FAR 52.203-17 Contractor Employee Whistleblower Rights (Nov 2023) FAR 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

(DEVIATION JAN 2026)

FAR 52.204-13 System For Award Management Maintenance (Deviation Jan 2026) FAR 52.204-19 Incorporation By Reference Of Representations And Certifications (Dec 2014) FAR 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (DEVIATION JAN 2026) FAR 52.209-7 Information Regarding Responsibility Matters (DEVIATION JAN 2026) FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (DEVIATION

JAN 2026)

FAR 52.219-8 Utilization of Small Business Concerns (DEVIATION JAN 2026) FAR 52.219-28 Post-award Small Business Program Representation (DEVIATION JAN 2026) FAR 52.222-3 Convict Labor (Jun 2003) FAR 52.222-18 Certification Regarding Knowledge of Child Labor for Listed End Products

(DEVIATION JAN 2026)

FAR 52.222-19 Child Labor—Cooperation with Authorities and Remedies (DEVIATION JAN 2026) FAR 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) FAR 52.222-41 Service Contract Labor Standards (Deviation Jan 2026) FAR 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Deviation Jan 2026)

FAR 52.222-50 Combating Trafficking in Persons (DEVIATION JAN 2026) FAR 52.222-54 Employment Eligibility Verification (Deviation Jan 2026) FAR 52.222-62 Paid Sick Leave Under Executive Order 13706 FAR 52.222-90 Addressing DEI Discrimination by Federal Contractors (DEVIATION APR 2026) FAR 52.223-3 Hazardous Material Identification And Material Safety Data (Jan 1997) FAR 52.223-23 Sustainable Products and Services (May 2024) FAR 52.226-7 Drug-Free Workplace (May 2024) FAR 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) FAR 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) FAR 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) FAR 52.232-40 Providing Accelerated Payment to Small Business Subcontractors (DEC 2013) FAR 52.233-3 Protest After Award (AUG 1996) FAR 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) FAR 52.237-2 Protection Of Government Buildings, Equipment, And Vegetation (APR 1984) FAR 52.239-1 Privacy or Security Safeguards (AUG 1996) FAR 52.247-35 F.O.B. Destination, Within Consignee’s Premises (APR 1984) FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

CAR 1352.201-70, Contracting Officer's Authority (APR 2010) CAR 1352.239-72 Security Requirements for Information Technology Resources (APR 2010) CAR 1352.209-73 Compliance with the Laws (APR 2010) CAR 1352.209-74 Organizational Conflict of Interest (APR 2010) CAR 1352.237-75 Key Personnel (APR 2010)

Full Text Provision and Clauses:

FAR 52.212-4 TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEVIATION DATE)

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

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

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

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

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

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

(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall—

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

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

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

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

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

(i) Payment—

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

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

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

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

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

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

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

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

(D) Contractor point of contact; and

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

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C.

chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services;

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

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

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

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

(8) The specification.

(s) Unauthorized obligations.

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

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

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

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

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

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

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

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

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

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

(End of clause)

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

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

Phone Number: TBD Email: TBD

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

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

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

CAR 1352.239-71 ELECTRONIC AND INFORMATION TECHNOLOGY (APR 2010)

(a) To be considered eligible for award, offerors must propose electronic and information technology (EIT) that meet the applicable Access Board accessibility standards at 36 CFR 1194 designated below:

XX 1194.21 Software applications and operating systems

1194.22 Web-based intranet and internet information and applications

1194.23 Telecommunications products

1194.24 Video and multimedia products

1194.25 Self-contained, closed products

1194.26 Desktop and portable computers

1194.31 Functional performance criteria

1194.41 Information, documentation and support

(b) The standards do not require the installation of specific accessibility-related software or the attachment of an assistive technology device, but merely require that the EIT be compatible with such software and devices so that it can be made accessible if so required by the agency in the future.

(c) Alternatively, offerors may propose products and services that provide equivalent facilitation.

Such offers will be considered to have met the provisions of the Access Board standards for the feature or components providing equivalent facilitation. If none of the offers that meet all applicable provisions of the standards could be accepted without imposing an undue burden on the agency or component, or if none of the offerors propose products or services that fully meet all of the applicable Access Board?s provisions, those offerors whose products or services meet some of the applicable provisions will be considered eligible for award. Awards will not be made to an offeror meeting all or some of the applicable Access Board provisions if award would impose an undue burden upon the agency.

(d) Offerors must submit representation information concerning their products by completing the

VPAT

template at www.Section508.gov.

(End of clause)

1352.233-70 AGENCY PROTESTS (APR 2010)

(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:

U.S. Department of Commerce National Institute of Standards and Technology ATTN: Robert Singman

CONTRACTING OFFICER

100 Bureau Drive, MS 1640 Gaithersburg, MD 20899

(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address:

U.S. Department of Commerce National Institute of Standards and Technology

ATTN: HEAD OF THE CONTRACTING OFFICE (HCO)

100 Bureau Drive, MS 1640 Gaithersburg, MD 20899

(d) 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.

(e) 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.

FAX: (202) 482-5858

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

(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 Washington, D.C. 20230.

FAX: (202) 482-5858

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 100 Bureau Drive, Gaithersburg, MD 20899 (End of clause)

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 guidance provided by NIST authorities.

NIST LOCAL-54 ELECTRONIC BILLING INSTRUCTIONS

NIST requires that Invoice/Voucher submissions are sent electronically via email to

INVOICE@NIST.GOV.

Each Invoice or Voucher submitted shall include the following:

(1) Contract number;

(2) Contractor name and address;

(3) Unique entity identifier (see www.sam.gov for the designated entity for establishing unique entity identifiers);

(4) Date of invoice;

(5) Invoice number;

(6) Amount of invoice and cumulative amount invoiced to-date;

(7) Contract Line Item Number (CLIN);

(8) Description, quantity, unit of measure, unit price, and extended price of supplies/services delivered;

(9) Prompt payment discount terms, if offered; and

(10) Any other information or documentation required by the contract.

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.