BULK LIQUID ARGON COMBINED SYNOPSIS-SOLICITATION 1333ND23QNB640458.pdf

SAM.GOV CONTRACT OPPORTUNITIES ANNOUNCEMENT: COMBINED

SYNOPSIS/SOLICITATION

ACTION CODE: <COMBINED>

CLASSIFICATION CODE: 6830 – GASES: COMPRESSED AND LIQUIFIED

SUBJECT: BULK LIQUID ARGON

SOLICITATION NO.: 1333ND23QNB640458

RESPONSE DATE: 10 Aug 2023

CONTACT POINT: Randy Schroyer, Contracting Officer; 301/975-6314 (T)

THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS PREPARED IN

ACCORDANCE WITH THE FORMAT IN FEDERAL ACQUISITION REGULATION (FAR)

SUBPART 12.6-STREAMLINED PROCEDURES FOR EVALUATION AND SOLICITATION FOR

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES-AS SUPPLEMENTED WITH

ADDITIONAL INFORMATION INCLUDED IN THIS NOTICE. FAR PART 13 SIMPLIFIED

ACQUISITION PROCEDURES ARE UTILIZED IN THIS PROCUREMENT. THIS

ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTATIONS ARE BEING

REQUESTED, AND A WRITTEN SOLICITATION DOCUMENT WILL NOT BE ISSUED.

This solicitation is a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2023-04 published 2 Jun 2023.

The associated North American Industrial Classification System (NAICS) code for this procurement is 325120 (Gases: Compressed and Liquified) with a small business size standard of 1,000 employees. The non-manufacturer rule is waived for this procurement.

This acquisition is 100% set-aside for small business. All interested small businesses may submit a firm fixed-price quotation in accordance with the Statement of Requirements (SoR), included as an attachment to this combined synopsis/solicitation.

The National Institute of Standards and Technology’s (NISTs) Inorganic Chemical Metrology Group (ICMG) is responsible for providing the Nation’s chemical measurement infrastructure for the determination of trace elements and inorganic and organic elemental species in a range of analytical samples, including NIST Environmental Standard Reference Materials.

Current projects and new laboratory equipment investments related to inductively coupled plasma mass spectrometries require continuous, uninterrupted service of gaseous argon to the ICMG located at the NIST Charleston Laboratory (Hollings Marine Laboratory) in Charleston, SC.

Product will be used to provide gaseous argon throughout the building for several inductively coupled plasma mass spectrometry instruments (each operating at flow rates of 15 gaseous L/min) and various other uses by researchers in the laboratories.

The National Institute of Standards and Technology's (NISTs) Inorganic Chemical Metrology Group (646.01) within the Material Measurement Laboratory (MML) is responsible for performing research leading to the development of reference measurement procedures, developing quality assurance protocols, and developing standard reference materials (SRMs) for quality assurance and method validation. The types of equipment and instrumentation used for such work consumes large quantities of argon gas. NIST has built an infrastructure to meet this argon need, which include a 3000 L liquid argon tank outside Building 227 near the loading dock and the attendant argon gas pipelines that distribute the gaseous argon from the tank to the group 646.01 located on the third floor of Building 227 at the 100 Bureau Dr., Gaithersburg MD campus.

Product will be used throughout the building for several analytical instruments in group

646.01 and various other uses by researchers in the laboratories.

Responsible small business quoters shall provide a quotation which includes all of the following line items:

BASE PERIOD (25 SEP 2023 THROUGH 24 SEP 2024)

LINE ITEM 0001

QTY: 5,000 L

Liquid Argon, 99.997% for NIST Charleston SC Facility

LINE ITEM 0002

QTY: 12 MONTHS

NIST Charleston SC 1000L VHP Microbulk Liquid Argon Tank Rental – includes Telemetry

Unit, Maintenance, Annual Inspection

LINE ITEM 0003

QTY: 14,000 L

Liquid Argon, 99.997% for NIST Gaithersburg MD Facility

LINE ITEM 0004

QTY: 1 JOB

NIST Gaithersburg MD Annual Inspection of 3,000 L PERMA-Cyl 3000 VHP Liquid Argon

Tank

OPTIONAL BULK LIQUID ARGON DELIVERY TERMS

(LINs 0005-0020 ARE OPTIONAL YEARS FOR THE PURPOSE OF CONTINUING DELIVERY OF

BULK LIQUID ARGON, NIST CHARLESTON SC TANK RENTAL AND NIST GAITHERSBURG

MD TANK INSPECTIONS – EXERCISE OF ONE OR ALL OPTIONAL YEARS IS SOLELY AT THE

DISCRETION OF THE GOVERNMENT)

The Government reserves the right to adjust the base period begin date and subsequent option period begin dates based upon the actual date of award.

OPTION YEAR 1 (25 SEP 2024 THROUGH 24 SEP 2025)

LINE ITEM 0005

LINE ITEM 0006

LINE ITEM 0007

LINE ITEM 0008

OPTION YEAR 2 (25 SEP 2025 THROUGH 24 SEP 2026)

LINE ITEM 0009

LINE ITEM 0010

LINE ITEM 0011

LINE ITEM 0012

OPTION YEAR 3 (25 SEP 2026 THROUGH 24 SEP 2027)

LINE ITEM 0013

LINE ITEM 0014

LINE ITEM 0015

LINE ITEM 0016

OPTION YEAR 4 (25 SEP 2027 THROUGH 24 SEP 2028)

LINE ITEM 0017

LINE ITEM 0018

LINE ITEM 0019

LINE ITEM 0020

Reference the Statement of Requirements (SoR) to view the bulk liquid argon specifications and the tank rental and inspection requirements.

LINE ITEMS 0001-0004, AND IF EXERCISED, LINE ITEMS 0005-0020 SHALL BE INVOICED

MONTHLY IN ARREARS

This is an Open-Market Combined Synopsis/Solicitation for a commercial system as defined in the SoR. The Government intends to award a firm fixed-price (FFP) Purchase Order as a result of this Combined Synopsis/Solicitation that will include the terms and conditions that are set forth herein. In order to facilitate the award process, ALL quotations shall include a statement regarding the terms and conditions herein as follows:

The Offeror shall state “The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition.”

OR

The Offeror shall state “The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:

Offeror shall list exception(s) and rationale for the exception(s).

Offerors that fail to furnish required representations or information or reject the terms and conditions of the solicitation may be excluded from consideration.

Please note that this procurement is not being conducted under the GSA Federal Supply Schedule (FSS) program or another Government-Wide Area Contract (GWAC). If a Quoter submits a quotation based upon an FSS or GWAC contract, the Government will accept the quoted price. However, the terms and conditions stated herein will be included in any resultant Purchase Order, not the terms and conditions of the Quoter’s FSS or GWAC contract, and the statement required above shall be included in the quotation.

ADDENDUM TO FAR 52.212-1

QUOTATION PREPARATION INSTRUCTIONS

All offerors shall submit the following:

Each quotation shall consist of two (2) separate electronic files: (a) Technical Quotation (Vol.

I); and (b) Business/Pricing Quotation (Vol. II). Incomplete quotations may be considered non-compliant 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. A one-page transmittal letter signed by an individual authorized to commit the organization shall be transmitted with the quotation to the Government. Each quotation shall be on 8.5” x 11” paper, in a commercially standard font, not smaller than 12-point. Each page in the quotation shall be separately numbered. The quotation shall be limited to fifteen (15) single-sided pages (excluding the letter of transmittal and product specification sheets).

Overall Arrangement of Documents

VOLUME I: TECHNICAL

NIST will evaluate quotations, based on the information submitted in support of the following factors:

Technical Capability

The quoter shall submit:

1. Bulk Liquid Argon documentation which clearly details the specifications, purity levels and general availability for both the Charleston SC and Gaithersburg MD regions

2. Discussions outlining the approach for

i. NIST Charleston SC

a. Delivery and placement of 1000 L VHP microbulk liquid argon tank

b. Tank telemetry unit hook-up, on-line account access, and monitoring

c. Tank Maintenance

d. Tank Inspection

e. Tank Fills

f. Maintaining the purity level in the tank

g. Guaranteeing the continuity of service at all times (e.g., ability to satisfy potential emergency fills 24/7 including holidays; customer service representation 24/7 including holidays)

h. 1000 L VHP microbulk liquid argon tank removal (e.g., if the tank needs to be replaced at any time during the base period or option yrs. [if exercised]; or, at the conclusion of the final option yr. exercised)

ii. NIST Gaithersburg MD

i. Tank Maintenance

j. Tank Inspection

k. Tank Fills

l. Tank telemetry unit on-line account access and monitoring

m. Maintaining the purity level in the tank

n. Guaranteeing the continuity of service at all times (e.g., ability to satisfy potential emergency fills 24/7 including holidays; customer service representation 24/7 including holidays)

3. A discussion of the quoter’s ability to allocate personnel for both regions that will be responsible for providing all services defined in the SoR for the NIST Charleston SC and Gaithersburg MD accounts – includes the no. of, expertise of, and availability of the delivery drivers, tank inspectors, service and maintenance crew; and, for designated customer service representatives capable of handling questions, issues, and problems that arise, the quoter shall include the names and contact information (e.g., telephone no.

and e-mail) for two (2) customer service representatives that the quoter intends to assign to the Charleston SC campus and two (2) customer service representatives that the quoter intends to assign to the Gaithersburg MD campus

4. A discussion of the quoter’s plan for how delivery drivers will maintain the required tank pressure levels during fills at both the NIST Charleston SC and Gaithersburg MD sites

5. A discussion of the quoter’s relationship(s) with liquid argon manufacturers and the supply volume of liquid argon available to the quoter in both regions

6. A description of the quoter’s available fleet of trucks for both regions (including no. of and size of trucks)

7. A sample certificate of conformance and a sample certificate of analysis for liquid argon 99.997%

Past Performance

The quoter shall submit:

8. Up to three (3) references for relevant contracts performed within the past three (3) years of a similar type and scope and size as the current requirements, with Federal, State, or Local Governments, or commercial customers.

For each contract, the quoter shall provide:

-contract no.

-description and relevance to the current requirement – include dollar value -period of performance – indicate by mo. and yr. the start and completion (or “ongoing) dates for the contract -name and address of the client with current telephone no. and e-mail address for a Point of Contact (PoC)

The quoter shall not simply state they will meet the requirements; evidence must be provided. If a quoter does not indicate how it will satisfy each requirement defined in the SoR, NIST will determine that it does not.

If applicable, evidence that the quoter is an authorized OEM representative in the Charleston SC region for the tank rental

If applicable, evidence that the quoter is an authorized distributor for the manufacturer producing the liquid argon in each region.

VOLUME II: BUSINESS/PRICING

The quoter shall submit one itemized business/pricing quotation that is structured based on the line item nos. shown in this solicitation. The quoter may use its standard quote form. The business/pricing quotation shall be separate from any other portion of the quotation. The quoter shall propose firm fixed prices for each Line Item 0001-0020.

The quoter is encouraged to discount its pricing/rates. If price discounts are offered, identify the percentage of price discount and/or price reduction offered.

The Volume II Business/Pricing Quotation shall also include:

a) the offeror’s Unique Entity Identifier (UEI)

To be eligible for award, the offeror must have an active registration in the System for Award Management (www.sam.gov)

b) Completed FAR Provisions: 52.204-17, 52.204-20, 52.204-26, 52.209-2, 52.209-11, 52.222- 22, 52.222-25, 52.222-48, 52.223-22 and 52.225-2 [if applicable] (each of which is included elsewhere in this solicitation)

c) Page(s) from the quoter’s established Commercial Pricelist associated with tank rental rates, tank inspections, tank maintenance, liquid argon rates; or in the absence of a commercial pricelist, documentation showing the pricing at which these are offered to the quoter’s most favored customer

The Government anticipates that the resultant purchase order will be awarded based upon adequate price competition. However, in order to determine that prices are fair and reasonable, the Government reserves the right to request the quoter provide further cost breakdown to support quoted prices.

ADDENDUM TO FAR 52.212-2

EVALUATION AND BASIS FOR AWARD

The Government will award a purchase order resulting from this solicitation that will include the terms and conditions that are set forth herein to the responsible quoter whose quotation is deemed technically acceptable and is the lowest price.

http://www.sam.gov/

The Government intends to make a single award and reserves the right to make no award as a result of this solicitation.

The Government intends to evaluate quotations and award a purchase order without discussions with quoters. Therefore, the quoter's initial quotation should contain the quoter's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any and or all quotations if such action is in the public interest; accept other than the lowest price quotation; and waive informalities and minor irregularities in quotations received.

The Government reserves the right to request revised quotations from, or negotiate final contract terms with, one or more, but not all, quoters if later determined by the Contracting Officer to be necessary.

The Government will evaluate quotations based on the following criteria: a) technical capability b) past performance and c) price

Technical Capability

Evaluation of technical capability will be based on the information provided in the technical quotation.

Technical Capability means:

1. The quoter has the capability and resources to acquire and deliver argon gas to both the

Charleston SC and Gaithersburg MD regions up to the annual fill level defined for each of the NIST campuses

2. For rental purposes at the NIST Charleston SC facility, the quoter has the capability to source and install a tank and telemetry unit that complies with the specifications defined in the SoR

3. The quoter has the capability and resources to conduct annual tank inspections and perform periodic tank maintenance for both the rented tank and government-owned tank

4. The quoter has the capability and resources to monitor the telemetry units for the rented tank and government-owned tank

5. The quoter has the capability to provide qualified drivers, inspectors, maintenance crew and customer service team for both the Charleston SC and Gaithersburg MD regions

6. The quoter has the capability to maintain an adequate fleet of delivery trucks in both the Charleston SC and Gaithersburg MD regions

7. The quote has the capability to produce authentic certificates of conformance and analysis

Quotations that do not demonstrate the quoter is compliant with all requirements defined in the SoR will not be considered further for award.

Past Performance

Evaluation of past performance will be based on the references provided and/or the quoters recent and relevant procurement history with NIST. The past performance evaluation will determine the overall quality of the services and the quoters responsiveness and timeliness for satisfying the liquid argon needs of the client.

Quotations received will first be evaluated from a technical standpoint without regard to quoted costs. Quotations that do not demonstrate the quoter is compliant with all requirements defined in the SoR will not be considered further for award.

A quoter’s business/pricing quotation will be evaluated only if the quoter’s technical quotation is considered to be technically acceptable.

Price

The Government will evaluate the quoter’s proposed pricing for reasonableness.

The Government will evaluate quotations for award purposes by adding the total price for liquid argon, tank rental (NIST Charleston SC), and tank inspections.

The Government may determine a quotation is unacceptable if the option year pricing is significantly unbalanced. Evaluation of option year pricing does not obligate the Government to exercise the options.

Price will not be evaluated for quotations that are determined technically unacceptable under the Technical Capability and Past Performance evaluation factors.

***APPLICABLE PROVISIONS AND CLAUSES***

The full text of a FAR provision or clause may be accessed electronically at http://acquisition.gov/far/index.html

The following FAR provisions apply to this acquisition:

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (SEP 2007);

52.204-7 System for Award Management (OCT 2018);

52.204-16 Commercial and Government Entity Code Reporting (AUG 2020);

52.204-17 Ownership or Control of Quoter (AUG 2020);

OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020)

(a) Definitions. As used in this provision–

Commercial and Government Entity (CAGE) code means–

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity http://acquisition.gov/far/index.html

(CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following:

ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

(b) The Offeror represents that it □ has or □ does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates "has" in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code: ____________________

Immediate owner legal name: ______________________

(Do not use a "doing business as" name)

Is the immediate owner owned or controlled by another entity?: □ Yes or □ No.

(d) If the Offeror indicates "yes" in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code: ___________________

Highest-level owner legal name: ___________________

(Do not use a "doing business as" name)

(End of provision)

52.204-20 Predecessor of Offeror (AUG 2020)

PREDECESSOR OF OFFEROR (AUG 2020)

(a) Definitions. As used in this provision–

Commercial and Government Entity (CAGE) code means–

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it □ is or □ is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated "is" in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: (or mark "Unknown").

Predecessor legal name: .

(Do not use a "doing business as" name).

(End of provision)

52.204-22 Alternative Line Item Proposal (JAN 2017);

52.204-26 Covered Telecommunications Equipment or Services-Representation (OCT 2020);

COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (OCT 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.sam.gov/

(c)

(1) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it □ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations – Representation

(NOV 2015);

PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-REPRESENTATION

(a) Definitions. “Inverted domestic corporation” and “subsidiary” have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that-

(1) It □ is, □ is not an inverted domestic corporation; and

(2) It □ is, □ is not a subsidiary of an inverted domestic corporation.

(End of provision)

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction Under any Federal Law (FEB 2016)

REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION

UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that—

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062680 https://www.acquisition.gov/content/part-9-contractor-qualifications#i1116407 https://www.acquisition.gov/content/part-9-contractor-qualifications#i1116422 timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Quoter represents that—

(1) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (MAR 2023);

52.212-2 Evaluation—Commercial Products and Commercial Services (NOV 2021);

52.212-3 Offeror Representations and Certifications- Commercial Products and Commercial Services (DEC 2022);

In accordance with FAR 52.212-3 Quoter Representations and Certifications – Commercial Items, quoters must complete annual representations and certifications on-line at sam.gov/SAM/ and be actively registered to be eligible for award. If paragraph (j) of the provision applies, a written submission is required.

52.217-5 Evaluation of Options (JUL 1990);

52.222-22 Previous Contracts and Compliance Reports (FEB 1999);

The quoter represents that— It □ has, □ has not participated in a previous contract or subcontract subject to the Equal

Opportunity clause of this solicitation;

It □ has, □ has not filed all required compliance reports; and Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

(End of provision)

52.222-25 Affirmative Action Compliance (APR 1984);

AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

The offeror represents that-

(a)It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2); or

(b)It □ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(End of provision)

52.222-48 Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Certification.

EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT LABOR STANDARDS TO CONTRACTS FOR

MAINTENANCE, CALIBRATION, OR REPAIR OF CERTAIN EQUIPMENT-CERTIFICATION (MAY 2014)

(a) The offeror shall check the following certification:

Certification

The offeror □ does □ does not certify that-

(1) The items of equipment to be serviced under this contract are used regularly for other than Government purposes, and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontractor) in substantial quantities to the general public in the course of normal business operations;

(2) The services will be furnished at prices which are, or are based on, established catalog or market prices for the maintenance, calibration, or repair of equipment.

(i) An "established catalog price" is a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or the offeror, is either published or otherwise available for inspection by customers, and states prices at which sales currently, or were last, made to a significant number of buyers constituting the general public.

(ii) An "established market price" is a current price, established in the usual course of trade between buyers and sellers free to bargain, which can be substantiated from sources independent of the manufacturer or offeror; and

(3) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract are the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.

(b) Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services. If the offeror certifies to the conditions in paragraph (a) of this provision, and the Contracting Officer determines in accordance with FAR 22.1003-4(c)(3) that the Service Contract Labor Standards statute-

(1) Will not apply to this offeror, then the Service Contract Labor Standards clause in this solicitation will not be included in any resultant contract to this offeror; or

(2) Will apply to this offeror, then the clause at 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements, in this solicitation will not be included in any resultant contract awarded to this offeror, and the offeror may be provided an opportunity to submit a new offer on that basis.

(c) If the offeror does not certify to the conditions in paragraph (a) of this provision-

(1) The clause in this solicitation at 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements, will not be included in any resultant contract awarded to this offeror; and

(2) The offeror shall notify the Contracting Officer as soon as possible, if the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation.

(d) The Contracting Officer may not make an award to the offeror, if the offeror fails to execute the certification in paragraph (a) of this provision or to contact the Contracting Officer as required in paragraph (c) of this provision.

(End of provision)

52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals – Representation (DEC 2016);

PUBLIC DISCLOSURE OF GREENHOUSE GAS EMISSIONS AND REDUCTION GOALS-REPRESENTATION (DEC

2016)

(a) This representation shall be completed if the Offeror received $7.5 million or more in Federal contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal fiscal year.

(b) Representation. [Offeror is to check applicable blocks in paragraphs (1) and (2).]

(1) The Offeror (itself or through its immediate owner or highest-level owner) □ does, □ does not publicly disclose greenhouse gas emissions, i.e., make available on a publicly accessible website the results of a greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard.

https://www.acquisition.gov/far/part-22#FAR_22_1003_4 https://www.acquisition.gov/far/part-52#FAR_52_222_51 https://www.acquisition.gov/far/part-52#FAR_52_222_51

(2) The Offeror (itself or through its immediate owner or highest-level owner) □ does, □ does not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly available website a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage.

(3) A publicly accessible website includes the Offeror’s own website or a recognized, third-party greenhouse gas emissions reporting program.

(c) If the Offeror checked "does" in paragraphs (b)(1) or (b)(2) of this provision, respectively, the Offeror shall provide the publicly accessible website(s) where greenhouse gas emissions and/or reduction goals are reported:________________.

(End of provision)

52.225-2 Buy American Certificate.

BUY AMERICAN CERTIFICATE (OCT 2022)

(a)

(1) The Offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product and that each domestic end product listed in paragraph (c) of this provision contains a critical component.

(2) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.

(3) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

(b) Foreign End Products:

(4) The terms “commercially available off-the-shelf (COTS) item,” “critical component,” "domestic end product," "end product," and "foreign end product" are defined in the clause of this solicitation entitled "Buy American-Supplies."

Line Item No. Country of Origin Exceeds 55% domestic content (yes/no) https://www.acquisition.gov/far/part-25#FAR_25_105

[List as necessary]

(c) Domestic end products containing a critical component:

Line Item No. ___

[List as necessary]

(d) The Government will evaluate offers in accordance with the policies and procedures of part 25 of the Federal Acquisition Regulation.

(End of provision)

52.225-25 Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran – Representation and Certifications (JUN 2020);

52.252-1 Solicitation Provisions Incorporated by Reference

SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The quoter is cautioned that the listed provisions may include blocks that must be completed by the quoter and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the quoter may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://acquisition.gov/far/index.html

The following FAR clauses apply to this acquisition:

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020);

52.204-13 System for Award Management Maintenance (OCT 2018);

52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020);

52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014);

52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services

(DEC 2022);

52.217-8 Option to Extend Services.

OPTION TO EXTEND SERVICES (NOV 1999)

https://www.acquisition.gov/far/part-25#FAR_Part_25

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within any date prior to contract expiration

(End of clause)

52.217-9 Option to Extend the Term of the Contract.

OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 1 day; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 5 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 yrs.

(End of clause)

52.232-8 Discounts for Prompt Payment (FEB 2002);

52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013);

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984);

52.245-1 Government Property (SEP 2021);

52.247-34 F.o.b. Destination (NOV 1991);

52.252-2 Clauses Incorporated by Reference (FEB 1998);

CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://acquisition.gov/far/index.html

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders (JUN 2023) — Commercial Items including subparagraphs:

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020);

52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023);

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021);

52.219-6 Notice Total Small Business Set-Aside (NOV 2020);

52.219-28 Post Award Small Business Program Rerepresentation (MAR 2023);

52.222-3 Convict Labor (JUN 2003);

52.222-19 Child Labor – Cooperation with Authorities and Remedies (DEC 2022);

52.222-21 Prohibition of Segregated Facilities (APR 2015);

52.222-26 Equal Opportunity (SEP 2016);

52.222-35 Equal Opportunity for Veterans (JUN 2020);

52.222-36 Affirmative Action for Workers with Disabilities (JUN 2020);

52.222-37 Employment Reports on Veterans (JUN 2020);

52.222-50 Combatting Trafficking in Persons (NOV 2021);

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020);

52.225-1 Buy American – Supplies (OCT 2022);

52.225-13 Restriction on Certain Foreign Purchases (FEB 2021);

52.232-33 Payment by Electronic Funds Transfer-System for Award Management (OCT 2018);

52.222-51 Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014)

The following Department of Commerce (CAR) provisions and clauses apply to this acquisition. The CAR can be accessed online at http://www.ecfr.gov/cgi-bin/text-idx?SID=6b3121d28d772a0296241b81d731dbf1&mc=true&node=pt48.5.1352&rgn=div5

PROVISIONS:

1352.215-72 Inquiries (Apr 2010)

Quoters must submit all questions concerning this solicitation in writing to randy.schroyer@nist.gov within five (5) calendar days of the posting. 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, only the question responses included in the amendment to the solicitation will govern performance of the contract.

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 Protest Decision Authority. See 64 Fed. Reg. 16,651 (April 6, 1999)

(b) Agency protests filed with the Contracting Officer shall be sent to the following address: NIST/Acquisition Management Div.

Attn: Randy Schroyer, Contracting Officer 100 Bureau Dr., M/S 1640 Gaithersburg, MD 20899

(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: NIST/Acquisition Management Div.

Attn: Head of the Contracting Office (HCO) 100 Bureau Dr., M/S 1640 Gaithersburg, MD 20899 http://www.ecfr.gov/cgi-bin/text-idx?SID=6b3121d28d772a0296241b81d731dbf1&mc=true&node=pt48.5.1352&rgn=div5 http://www.ecfr.gov/cgi-bin/text-idx?SID=6b3121d28d772a0296241b81d731dbf1&mc=true&node=pt48.5.1352&rgn=div5 mailto:randy.schroyer@nist.gov

(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, NW Washington, DC 20230

FAX: 202/482-5858

CLAUSES:

1352.201-70 Contracting Officer’s Authority (Apr 2010)

The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

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:

NIST

100 Bureau Drive

Gaithersburg MD 20899

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.

(End of clause)

1352.209-73 Compliance with the Laws (Apr 2010)

The contractor shall comply with all applicable laws, rules and regulations which deal with or relate to performance in accord with the terms of the contract.

1352.209-74 Organizational Conflict of Interest (Apr 2010)

(a) Purpose. The purpose of this clause is to ensure that the contractor and its subcontractors:

(1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work under this contract, and

(2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract.

(b) Scope. The restrictions described herein shall apply to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest (hereinafter collectively referred to as “contractor”) in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venture, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both.

(c) Warrant and Disclosure. The warrant and disclosure requirements of this paragraph apply with full force to both the contractor and all subcontractors. The contractor warrants that, to the best of the contractor's knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the contractor has disclosed all relevant information regarding any actual or potential conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor's impartiality because of the appearance or existence of bias or an unfair competitive advantage. Such disclosure shall include a description of the actions the contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest.

(d) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the contract for default, suspend or debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract.

(e) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and (g), in any subcontract or consultant agreement at any tier expected to exceed the simplified acquisition threshold. The terms “contract,” “contractor,” and “Contracting Officer” shall be appropriately modified to preserve the Government's rights.

(f) Prime Contractor Responsibilities. The contractor shall obtain from its subcontractors or consultants the disclosure required in FAR Part 9.507-1 and shall determine in writing whether the interests disclosed present an actual, or significant potential for, an organizational conflict of interest. The contractor shall identify and avoid, neutralize, or mitigate any subcontractor organizational conflict prior to award of the contract to the satisfaction of the Contracting Officer. If the subcontractor's organizational conflict cannot be avoided, neutralized, or mitigated, the contractor must obtain the written approval of the Contracting Officer prior to entering into the subcontract. If the contractor becomes aware of a subcontractor's potential or actual organizational conflict of interest after contract award, the contractor agrees that the Contractor may be required to eliminate the subcontractor from its team, at the contractor's own risk.

(g) Waiver. The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the contractor may at any time seek a waiver from the Head of the Contracting Activity by submitting such waiver request to the Contracting Officer, including a full written description of the requested waiver and the reasons in support thereof.

1352.216-77 Ceiling Price (APR 2010)

The ceiling price of this contract is $TBD. The contractor shall not make expenditures nor incur obligations in the performance of this contract which exceed the ceiling price specified herein, except at the contractor’s own risk.

(End of clause)

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, N.W.

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 places of acceptance will be:

NIST, 100 Bureau Dr., Gaithersburg, MD 20899

NIST, 331 Ft Johnson Rd., Charleston, SC 29412

1352.270-70 Period of Performance (APR 2010)

(a) The base period of performance of this contract is from 25 Sep 2023…