DISPOSAL OF CHEMCIAL WASTE AND EMERGENCY RESPONSE SERVICES FOR THE

NIST GATHEIRSBURG, MD AND BOULDER CO CAMPUSES– 1333ND26QNB150176

I. INTRODUCTIONS:

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

ACCORDANCE WITH THE FORMAT IN FAR SUBPART 12.2, STREAMLINED PROCEDURES

FOR EVALUATION AND SOLICITATION FOR COMMERCIAL ITEMS, AS SUPPLEMENTED

WITH ADDITIONAL INFORMATION INCLUDED IN THIS NOTICE. IT IS BEING ISSUED USING

THE SIMPLIFIED ACQUISITION PROCEDURES UNDER THE AUTHORITY OF FAR 12.201-1—

SIMPLIFIED PROCEDURES. 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 1333ND26QNB150176. This synopsis/solicitation constitutes a RFQ and incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2026-01 March 13, 2026.

This acquisition is being conducted under full and open competition. The associated North American Industrial Classification System (NAICS) code for this procurement is 562112, which has a size standard of $47,000,000. This is an unrestricted Combined Synopsis/Solicitation and all interested parties may submit a quote.

The Government contemplates award of a Fixed Rate Time and Material contract resulting from this

RFQ.

II. REQUIREMENTS:

A description of the requirements for the Disposal of Chemical Waste (Hazardous and Non-Hazardous) and Emergency Response Support Services for the NIST Gaithersburg, MD and Boulder, CO Campuses is contained in attached Statement of Work.

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. Questions should be received no later than five (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.

RESPONSE INSTRUCTIONS

Quotation Due Date Quotes are due by Friday, June 26, 2026, 11:00 A.M. EASTERN TIME to Robert Singman; E-Mail:

robert.singman@nist.gov. Only quotes received by the quote due date and time shall be accepted. Any quote, or part thereof, received after the quotes due date and time will be deemed late and will not be accepted.

Addendum to FAR 52-212-1 Instructions to Offerors—Commercial Products and Commercial Services (Deviation JAN 2026)

The Offeror’s quotation shall be submitted electronically via email to robert.singman@nist.gov and shall consist of two volumes as detailed below. Each quotation volume shall include the Offeror’s name, NIST mailto:robert.singman@nist.gov

IDIQ Contract number, UEI number, and CAGE code in the cover page, header/footer, or other easily identified location. The Contracting Officer intends to award a purchase order without discussions, but reserves the right to enter into discussions if in the best interest of the Government.

QUOTATION PREPARATION INSTRUCTIONS:

All quotations shall conform to solicitation provisions/clauses and be prepared in accordance with this section. The quotation shall be clearly and concisely written as well as be neat, indexed (cross-indexed as appropriate) and logically assembled. Note: The term “indexed” refers to a table of contents that lists sections and page numbers. In the event that the Offeror is unable to create an indexed quotation, an alternative approach such as a Table of Contents shall suffice. All pages of the quotation shall be appropriately numbered. A cover letter may be included in addition to Volumes I-III discussed below.

In preparing the quotation, each volume shall stand on its own. For each given evaluation factor, the Government will only evaluate the information provided in the corresponding section of the quotation.

The Offeror’s quotation shall be clearly divided into the following distinct volumes:

Volume I – Business – Terms and Conditions Volume II – Technical Quotation Volume III – Price Quotation

General Instructions for the Business, Technical & Price Quotes:

Quotes shall be prepared in accordance with this solicitation and are required to conform to the provisions of this solicitation and the instructions of this section. To aid in the NIST’s evaluation, the quote must 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. The Business, Technical & Price Quotes shall all be separate and distinguishable from each other.

Quote Content:

The quote shall consist of the following submissions:

I. Business Quote:

1. The Business Quote shal l consist of the required administrative information from the offeror. There is no page limit for the business section. The offeror shall provide its:

- Legal Name and ‘Doing Business As Name,’ if applicable;

- Unique Entity Identifier (UEI): The offeror must submit its UEI number which it would use if it received an award;

- Business Size: The offeror must submit business size and socio-economic status, if applicable, under the NAICS Code (562112) assigned to this solicitation.;

- Physical Address;

- Main Point of Contact’s Full Name, Position, Telephone Number, and E-Mail Address and Signature and Date.

2. Validity of Quote: The quote shall contain a statement that it is valid for a period of not less than 120 days.

3. Offeror’s Concurrence: The offeror must indicate that it concurs with all terms and conditions of the solicitation. Therefore, the offeror must state that it concurs with all terms and conditions of the solicitation without change, exception, modification or addition. Should the solicitation be amended, this statement shall be modified to reflect concurrence with the terms and conditions of the solicitation, as amended on [insert date of final SAM amendment], without change, exception, modification, or addition. Any exceptions, modifications, or additions to the Government’s terms and conditions, if any, must be clearly identified by the offeror in this section.

II. Technical Quotation:

The Technical Quote shall not include any price information. The Technical Quotation should be typed, with one-inch margins, 12 pitch type (or equivalent), unreduced in size, not exceeding fifteen (15) pages in total. The following items DO NOT count against the fifteen (15) page limit: key personnel resumes; a list of citations or items of non-compliance; EPA Part A and/or Part B Licensed Treatment, Storage or Disposal Facility (TSDF) and the Small Business Subcontracting Plan. Any page in excess of the fifteen 15-page Technical Quotation limit will be disregarded and will not be included in the evaluation of the Technical Quotation.

The Technical Quotation shall consist of the following sections:

Evaluation Factor 1 - EPA Part A and/or Part B TSDF permit and Compliance with Federal and State Regulations (Go - No Go Decision)

Factor 1A - EPA Part A and/or Part B TSDF permit Each offeror (prime contractor) shall demonstrate that it has either an EPA Part A and/or Part B TSDF permit. The EPA Part A and/or Part B TSDF permits cannot be with a subcontractor. The offeror must have access to a Licensed Treatment, Storage or Disposal Facility (TSDF) or Facilities and describe the arrangement, providing the name and location of the TSDF(s). The offeror must provide a plan to maintain access to the TSDF(s) across the entire period of performance and demonstrate that it will have continuing access to the TSDF(s) to meet the NIST’s normal and emergency waste needs.

Factor 1B – Regulations NIST requires strict compliance with all local, state [Maryland Department of the Environment- Code of Maryland Regulations (COMAR)], [Colorado Department of Public Health and Environment (CDPHE), Code of Colorado Regulations (CCR), including 6 CCR 1007-3] and federal [e.g., DOT, EPA, OSHA] regulations. The contractor shall comply with all relevant, applicable, and appropriate regulations. .

Factor 1C – Proof of Liability Insurance

The contractor demonstrate proof of liability insurance minimum as follows:

$1m wrongful death, $1m personal injury, and $1m property; or $1m comprehensive commercial; or $250k for categories 1, 2, 3, and 4, totaling $1m.

Evaluation Factor 2: Corporate Experience:

Each offeror shall provide project descriptions for at least three projects similar in size, scope, and complexity to this solicitation to demonstrate at least five (5) years of similar experience working with “complex” laboratory chemicals and properly accumulating, characterizing, labeling, packing, manifesting, transporting and disposing of hazardous and non-hazardous waste. Each project description shall provide a summary of the work accomplished, a description of the similarity between the project description and the subject requirements, and the dates that the work was accomplished. The offeror shall demonstrate that it has experience successfully managing the transport and disposal of the “complex waste streams” similar to those described in Section III of the SOW requirements. The offeror may include project(s) performed by proposed subcontractors, as applicable, but must clearly identify the project(s) as performed by the subcontractor.

Factor 2a - List of Citations or Items of Non-Compliance:

Each offeror shall provide a list of citations or items of non-compliance, based on violations, occurring within the past twelve months (12) from the issuance of this solicitation. The list of citations or items of non-compliance must document any violation by the offeror and/or their agents handling, transportation, storage treatment, recycling, and disposal (e.g. all treatment, storage, disposal, and recycling facilities) within the past twelve (12) months from the issuance of this solicitation. The list of citations or items of non-compliance must document any violation involving:

1) The Environmental Protection Agency (EPA) or the “agreement state(s) administering the EPA program, under the Resource Conservation and Recovery Act (RCRA) program;

2) The Occupational Safety and Health Administration (OSHA); and,

3) The Department of Transportation (DOT).

If a offeror did not incur any citations or items of non-compliance, then the offeror must affirmatively attest that no citations or items of non-compliance have been issued regarding its performance handling, transportation, storage treatment, recycling, and disposal (e.g. all treatment, storage, disposal, and recycling facilities) within the past twelve (12) months from the issuance of this solicitation.

Factor 2b - General Technical Approach:

Each offeror shall demonstrate a firm and comprehensive understanding of the requirements and goals set forth in the SOW; demonstrate the ability to prepare, plan and timely deliver all reports and other deliverables within the timeframes required; and demonstrate feasible plans and methodologies for providing all necessary resources required to efficiently carry out the SOW requirements, including personnel, vehicles, and equipment required to efficiently carry out the SOW requirements.

REFERENCE: http://www.dsd.state.md.us/COMAR/subtitle_chapters/26_Chapters.aspx#Subtitle13

Evaluation Factor 3: Staff Experience:

Each offeror shall have offices within a 50-mile radius of the NIST-Gaithersburg Campus and DoC Boulder Labs. The office shall have been established for at least one year prior to the award date of this contract and be fully staffed and equipped to complete all tasks described in this SOW. Each offeror must demonstrate a minimum of 10 years of experience accumulating, characterizing, labeling, packing, manifesting, transporting and disposing of hazardous waste similar to those generated at the NIST/DoC facilities. Each offeror shall provide resumes of proposed Key Personnel to perform under this contract, including the Project Manager, Hazardous Waste Chemist, and Back-Up Hazardous Waste Chemist. The Key Personnel resumes must clearly demonstrate that the minimum personnel qualifications for Key Personnel, as described in Section IV of the SOW, are met or exceeded. Hazardous Waste Chemist and a backup Hazardous Waste Chemist shall each demonstrate no less than 5 years of experience accumulating, characterizing, labeling, packing, manifesting and disposing of hazardous waste similar to the hazardous waste types as described in Section III of this SOW. The proposed Project Manager shall demonstrate no less than 5 years of experience managing and overseeing performance of the aforementioned tasks. Each Key Personnel resume shall not exceed two (2) pages. There is no page limit on the supporting evidence and documentation that demonstrate that the offeror’s proposed staff (to include drivers and technicians) meet the minimum training and license requirements for the handling and transport of hazardous waste as follows:

1) All contractor staff working on the NIST Site are trained in accordance with OSHA 1910 HAZWOPER; 2) All Hazardous Waste Chemists are trained in accordance with DOT 49 CFR for Hazardous Material Shipment; and, 3) All transportation drivers are trained and commercially licensed for Hazardous Material Transport in accordance with the 49 CFR.

Resumes are NOT required for staff of the offeror whom are NOT Key Personnel.

http://www.dsd.state.md.us/COMAR/subtitle_chapters/26_Chapters.aspx#Subtitle13

Evaluation Factor 4: Small Business Subcontracting Plan (if applicable): Each ‘other than small business’ (large business) offeror is required to submit a Small Business Subcontracting Plan in accordance with FAR 52.219-9.

If the offeror does not have a corporate-level Commercial Small Business Subcontracting Plan, the large business offeror shall submit an Individual Small Business Subcontracting Plan, as part of its quote, to detail the small business subcontracting opportunities and arrangements which will affect the performance of NIST’s requirements. The offeror needs to submit a small business subcontracting plan that complies with FAR 52.219-9.

III. Price Quotation:

A pricing spreadsheet is included with this solicitation for the offeror to provide its quoted fixed unit pricing for each required line item. The offeror must use Columns E through I to provide an individual fixed unit price for each line item. Offerors shall not manipulate any cells on the spreadsheet other than Columns E through I. Column D is historical data of waste collected in fiscal year 2025 and is provided for informational purposes. Items picked up for Fort Collins will be included in the Boulder pricing table due to close physical proximity between the sites.

Important Notices:

1. Offerors shall direct all communications prior to award to the attention of Robert Singman at robert.singman@nist.gov.

2. The issuance of this solicitation does not obligate NIST to: 1) Award a contract to an offeror simply on the basis that the offeror submitted a quote; 2) Pay for the time and materials used by an offeror to respond to this solicitation; and, 3) Pay for the information provided by a offeror to this solicitation.

3. A offeror who provides classified, confidential, proprietary, or/and sensitive information does so voluntarily, entirely at its own risk, and, without the NIST being subject to liability. An offeror that includes data in a quote that the offeror does not want disclosed to the public for any purpose, or used by NIST except for evaluation purposes, should clearly indicate this in the quote.

End of Provision

Addendum to 52.212-2 Evaluation—Commercial Products and Commercial Services (Deviation JAN 2026).

AWARD DECISION and EVALUATION CRITERA:

AWARD DECISION:

NIST intends to use the tradeoff method to award a hybrid Fixed Price and Time and Material Contract to the responsible offeror whose quote represents the best value to NIST, price and non-price factors considered. All quotes received will be evaluated in accordance with the stated evaluation factors. Evaluation Factor 1- EPA Part A and/or Part B TSDF permit is a Go - No Go Decision. If an offeror does not have one of the permits required, the rest of vendor’s quotation will not be evaluated and is not eligible for award. Those vendors who pass the Go no go decision will be evaluated utilizing best value trade-off as described below.

NIST intends to award the offeror who in NIST’s evaluation and estimation provides the greatest overall benefit in response to this solicitation. NIST reserves the right to make an award other than the lowest priced offeror if the Contracting Officer determines that doing so would result in the best value to government.

mailto:robert.singman@nist.gov

Each offeror must submit information sufficient for NIST to evaluate the quotation based on the Evaluation Criteria below. NIST’s evaluation will be based on the demonstrated capabilities of the prospective offerors in direct relation to NIST's requirements as set forth in this solicitation.

NIST intends to evaluate quotations and issue a contract based on the initial quotations received.

Therefore, the offeror’s initial quotation should contain the offeror’s best terms from a price and technical standpoint. NIST reserves the right to select the best-suited, then negotiate final contract terms.

TECHNICAL QUOTATION EVALUATION CRITERIA:

The following non-price factors, listed in descending order of importance, will be used to evaluate quotations: Corporate Experience, Staff Experience, and Small Business Subcontracting Plan

All Technical Quotation Evaluation Factors, when combined, are significantly more important than price. Subfactors are considered equally important within a given evaluation factor.

Evaluation Factor 1- EPA Part A and/or Part B TSDF permit and Compliance with Federal and State Regulations (Go - No Go Decision)

Factor 1A - EPA Part A and/or Part B TSDF permit The offeror (prime contractor) shall demonstrate that it has either an EPA Part A and/or Part B TSDF permit. The EPA Part A and/or Part B TSDF permits cannot be with a subcontractor. The offeror must have access to a Licensed Treatment, Storage or Disposal Facility (TSDF) or Facilities and describe the arrangement, providing the name and location of the TSDF(s). The offeror must provide a plan to maintain access to the TSDF(s) across the entire period of performance and demonstrate that it will have continuing access to the TSDF(s) to meet the NIST’s normal and emergency waste needs.

The offeror’s evidence and documentation will be examined for authenticity, validity and currency to ensure that the offeror is in compliance with Code of Federal Regulations (CFR) 49 Part § 387— Minimum Levels of Financial Responsibility for Motor Carriers. The offeror’s evidence and documentation will be examined to determine whether it meets minimum levels of financial responsibility for motor carriers as required under CFR 49 Part § 387.

Factor 1B – Regulations The offeror’s evidence and documentation will be examined for authenticity, validity and currency to ensure that the offeror is in compliance with Code of Maryland Regulations (COMAR) 26.13.04, Code of Colorado Regulations 6 CCR 1007-3, Part 263 and 40 CFR 263—Standards Applicable to Transporters of Hazardous Waste. The offeror’s evidence and documentation will be examined to determine whether it meets minimum levels of liability insurance coverage, minimum insurance requirements and minimum bonding requirements as required under COMAR 26.13.04.01 and COMAR 26.13.04.04.

The offeror must provide evidence and documentation that it is compliant with Federal, Colorado, and Maryland regulations.

Factor 1C – Proof of Liability Insurance The offeror must provide evidence and documentation that it has liability insurance of a minimum of $1m wrongful death, $1m personal injury, and $1m property; or $1m comprehensive commercial; or $250k for categories 1, 2, 3, and 4, totaling $1m.

Evaluation will be based on examination of documentation, evidence and information provided by the offeror to show it has an EPA Part A and/or Part B TSDF permits, compliance with the foregoing state and federal regulations and has the minimum lability policy of $1,000,000. An offeror’s failure to provide documentation, evidence and information, as requested and as required in this solicitation, will be evaluated as a no go and will not be further evaluated or eligible for award.

Those quotes meeting all mandatory requirements will be considered a go and will be evaluated utilizing the trade-off method.

Factor 2: Corporate Experience:

Factor 2a - List of citations and items of non-compliance will be evaluated utilizing confidence ratings based on an examination of the offeror’s list of citations of non-compliance, based on violations, occurring within the past twelve months (12) from the issuance of this solicitation, involving:

1) The EPA or the “agreement state(s) administering the EPA program, under the RCRA program,

2) The OSHA; and,

3) The DOT.

NIST will determine the relative degree of risk associated with the offeror and the offeror’s likelihood of success in fulfilling the solicitation and SOW requirements and performance of a contract. If a offeror did not incur any citations or items of non-compliance then the offeror’s provided affirmation will be examined by NIST and may be verified through searches of public information and contact with agency or/and public officials. If a offeror does not submit a list of citations/items of non-compliance or affirmation of no citations/items of non-compliance, then this offeror may be evaluated unfavorably due to the omission of this information.

Factor 2b - General Technical Approach: The offeror will be evaluated to determine the extent to which the proposed approach provides specific methods and techniques for completing each task such that the NIST will successfully achieve its goals. The quote will be evaluated for the degree to which the offeror:

1) Demonstrates a firm and comprehensive understanding of the requirements and goals set forth in the

SOW;

2) Demonstrates the ability to prepare, plan and timely deliver all reports and other deliverables within the timeframes required; and

3) Demonstrates feasible plans and methodologies for providing all necessary resources required to efficiently carry out the SOW requirements, including personnel, vehicles, and equipment required to efficiently carry out the SOW requirements.

4) Demonstrates that it maintains access to a fleet of specialized vehicles (e.g., Turbo-vac style vacuum truck capable of hauling hazardous waste; and, backhoes/excavators, dump trucks, tractor trailers, roll offs and other vehicles capable of hauling hazardous waste) which are capable of meeting NIST’s requirements, including prompt access to emergency equipment sufficient to ensure compliance with the required four (4) hour emergency response time..

5) Demonstrates that its emergency response plan is in compliance with COMAR 26.14— Hazardous Substances Response Plan. The emergency response plan will be evaluated for compliance under COMAR 26.14.01 and COMAR 26.14.02 and to determine the extent of the potential impact on NIST, public health and the environment.

Factor 3: Staff Experience:

Evaluation of this factor will include: 1) The examination of the resumes of the Hazardous Waste Chemist and Back-Up Hazardous Waste Chemist key personnel to determine the degree of experience accumulating, characterizing, labeling, packing, manifesting and disposing of hazardous waste and the likelihood of successful performance by these personnel; and, 2) The examination of the resume of the Project Manager key personnel to determine the degree of experience ‘managing and overseeing performance’ involving accumulating, characterizing, labeling, packing, manifesting and disposing of hazardous waste and the likelihood of successful performance by this personnel, measured by confidence ratings.

The offeror’s evidence and documentation will be examined to determine whether the offeror’s proposed staff (to include drivers and technicians) meet the minimum training and license requirements for the handling and transport of hazardous waste as follows:

1) All contractor staff working on the NIST Site are trained in accordance with OSHA 1910 HAZWOPER; 2) All Hazardous Waste Chemists are trained in accordance with DOT 49 CFR for Hazardous Material Shipment; and, 3) All transportation drivers are trained and commercially licensed for Hazardous Material Transport in accordance with the 49 CFR. Evaluation will determine whether the offeror possesses a staff with all necessary training and licenses to safely operate equipment in compliance with the foregoing regulations and will be measured by confidence ratings.

Factor 4 - Small Business Subcontracting Plan:

The Government will review the plan to ensure it contains all the mandatory elements as required by

RFO 19.109.

Factor 5 - Price Evaluation:

The offeror's price quote will be evaluated for completeness , fairness, and reasonableness. NIST will utilize the pricing spreadsheet to determine the total price inclusive of all option periods. In addition to considering the total evaluated price, NIST will also review individual unit prices for fairness and reasonableness.

End of Provision

III. CLAUSES, PROVISIONS & ATTACHMENTS:

52.252-2 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):

FAR Overhaul (DEVIATIONS JAN 2026): https://www.acquisition.gov/far-overhaul/far-part-deviation-guide

CAR: https://www.ecfr.gov/current/title-48/chapter-13

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)**Filled in SAM** FAR 52.209-12 Certification Regarding Tax Matters (Oct 2025) FAR 52.217-5 Evaluation of Options 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 52.219-9 Small Business Subcontracting Plan (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 52.222-35 Equal Opportunity for Veterans (DEVIATION JAN 2026) FAR 52.222-36 Equal Opportunity for Workers with Disabilities (DEVIATION JAN 2026) FAR 52.222-37 Employment Reports on Veterans (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 52.233-1 Disputes (MAY 2014) 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 52.240-90 Security Prohibitions and Exclusions Representations and Certifications (DEVIATION

APR 2026)

FAR 52.240-91 Security Prohibitions and Exclusions (DEVIATION APR 2026) FAR 52.240-93 Basic Safeguarding of Covered Contractor Information Systems (DEVIATION APR 2026)

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)

FAR 52.212-4 TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (DEVIATION JAN 2026) (Alternate 1)

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

Direct materials means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.

Hourly rate means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are—

(1) Performed by the contractor;

(2) Performed by the subcontractors; or

(3) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.

Materials means—

(1) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control;

(2) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;

(3) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.);

(4) The following subcontracts for services which are specifically excluded from the hourly rate: [Insert any subcontracts for services to be excluded from the hourly rates prescribed in the schedule.]; and

(5) Indirect costs specifically provided for in this clause.

Subcontract means any contract, as defined in FAR 2.101, entered into with a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

(b) Inspection/Acceptance.

(1) The Government has the right to inspect and test all materials furnished and services performed under this contract at all places and times before acceptance. The Government will perform inspections and tests in a manner that will not unduly delay the work.

(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (b)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the “hourly rate” for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the “hourly rate” attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. [Insert portion of labor rate attributable to profit.]

(5)(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may—

(A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or

(B) Terminate this contract for cause.

(ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract.

(6) Notwithstanding paragraphs (b)(4) and (5) of this clause, the Government may, at any time, require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to—

(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor’s managerial personnel;

or

(ii) The conduct of one or more of the Contractor’s employees selected or retained by the Contractor after any of the Contractor’s managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

(7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.

(8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.

(9) Unless otherwise specified in the contract, the Contractor’s obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.

(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) Payments.

(1) Work performed. The Government will pay the Contractor as follows upon the submission of commercial invoices approved by the Contracting Officer:

(i) Hourly rate.

(A) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract by the number of direct labor hours performed. Fractional parts of an hour shall be payable on a prorated basis.

(B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by individuals that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer.

(C) Invoices may be submitted once each month (or at more frequent intervals, if approved by the Contracting Officer) to the Contracting Officer or the authorized representative.

(D) When requested by the Contracting Officer or the authorized representative, the Contractor shall substantiate invoices (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment, individual daily job timecards, records that verify the employees meet the qualifications for the labor categories specified in the contract, or other substantiation specified in the contract.

(E) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis.

(1) If no overtime rates are provided in the Schedule and the Contracting Officer approves overtime work in advance, overtime rates shall be negotiated.

(2) Failure to agree upon these overtime rates shall be treated as a dispute under the Disputes clause of this contract.

(3) If the Schedule provides rates for overtime, the premium portion of those rates will be reimbursable only to the extent the overtime is approved by the Contracting Officer.

(ii) Materials.

(A) If the Contractor furnishes materials that meet the definition of a commercial product at FAR 2.101, the price to be paid for such materials shall not exceed the Contractor’s established catalog or market price, adjusted to reflect the—

(1) Quantities being acquired; and

(2) Any modifications necessary because of contract requirements.

(B) Except as provided for in paragraph (i)(1)(ii)(A) and (D)(2) of this clause, the Government will reimburse the Contractor the actual cost of materials (less any rebates, refunds, or discounts received by the contractor that are identifiable to the contract) provided the Contractor—

(1) Has made payments for materials in accordance with the terms and conditions of the agreement or invoice; or

(2) Makes these payments within 30 days of the submission of the Contractor’s payment request to the Government and such payment is in accordance with the terms and conditions of the agreement or invoice.

(C) To the extent able, the Contractor shall—

(1) Obtain materials at the most advantageous prices available with due regard to securing prompt delivery of satisfactory materials; and

(2) Give credit to the Government for cash and trade discounts, rebates, scrap, commissions, and other amounts that are identifiable to the contract.

(D) Unless listed below, other direct and indirect costs will not be reimbursed.

(1) Other direct costs. The Government will reimburse the Contractor on the basis of actual cost for the following, provided such costs comply with the requirements in paragraph (i)(1)(ii)(B) of this clause:

[Insert each element of other direct costs (e.g., travel, computer usage charges, etc. Insert “None” if no reimbursement for other direct costs will be provided. If this is an indefinite delivery contract, the Contracting Officer may insert “Each order must list separately the elements of other direct charge(s) for that order or, if no reimbursement for other direct costs will be provided, insert ‘None’”.]

(2) Indirect costs (material handling, subcontract administration, etc.). The Government will reimburse the Contractor for indirect costs on a pro-rata basis over the period of contract performance at the following fixed price: [Insert a fixed amount for the indirect costs and payment schedule. Insert “$0” if no fixed price reimbursement for indirect costs will be provided. (If this is an indefinite delivery contract, the Contracting Officer may insert “Each order must list separately the fixed amount for the indirect costs and payment schedule or, if no reimbursement for indirect costs, insert ‘None’).”]

(2) Total cost. The total cost to the Government for the performance of this contract shall not exceed the ceiling price set forth in the Schedule. The Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within such ceiling price. If at any time the Contractor has reason to believe that the hourly rate payments and material costs that will accrue in performing this contract in the next succeeding 30 days, if added to all other payments and costs previously accrued, will exceed 85 percent of the ceiling price in the Schedule, the Contractor shall notify the Contracting Officer giving a revised estimate of the total price to the Government for performing this contract with supporting reasons and documentation. If at any time during the performance of this contract, the Contractor has reason to believe that the total price to the Government for performing this contract will be substantially greater or less than the stated ceiling price, the Contractor shall so notify the Contracting Officer, giving a revised estimate of the total price for performing this contract, with supporting reasons and documentation. If at any time during performance of this contract, the Government has reason to believe that the work to be required in performing this contract will be substantially greater or less than the stated ceiling price, the Contracting Officer will so advise the Contractor, giving the revised estimate of the total amount of effort to be required under the contract.

(3) Ceiling price. The Government will not be obligated to pay the Contractor any amount in excess of the ceiling price in the Schedule, and the Contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the Schedule, unless and until the Contracting Officer notifies the Contractor in writing that the ceiling price has been increased and specifies in the notice a revised ceiling that shall constitute the ceiling price for performance under this contract. When and to the extent that the ceiling price set forth in the Schedule has been increased, any hours expended and material costs incurred by the Contractor in excess of the ceiling price before the increase shall be allowable to the same extent as if the hours expended and material costs had been incurred after the increase in the ceiling price.

(4) Access to records. At any time before final payment under this contract, the Contracting Officer (or authorized representative) will have access to the following (access shall be limited to the listing below unless otherwise agreed to by the Contractor and the Contracting Officer):

(i) Records that verify that the employees whose time has been included in any invoice meet the qualifications for the labor categories specified in the contract;

(ii) For labor hours (including any subcontractor hours reimbursed at the hourly rate in the schedule), when timecards are required as substantiation for payment—

(A) The original timecards (paper-based or electronic);

(B) The Contractor’s timekeeping procedures;

(C) Contractor records that show the distribution of labor between jobs or contracts; and

(D) Employees whose time has been included in any invoice for the purpose of verifying that these employees have worked the hours shown on the invoices.

(iii) For material and subcontract costs that are reimbursed on the basis of actual cost—

(A) Any invoices or subcontract agreements substantiating material costs; and

(B) Any documents supporting payment of those invoices.

(5) Overpayments/Underpayments. Each payment previously made shall be subject to reduction to the extent of amounts, on preceding invoices, that are found by the Contracting Officer not to have been properly payable and shall also be subject to reduction for overpayments or to increase for underpayments. The Contractor shall promptly pay any such reduction within 30 days unless the parties agree otherwise. The Government will pay any such increases within 30 days, unless the parties agree otherwise. The Contractor’s payment will be made by check. If the Contractor becomes aware of a duplicate invoice payment or that the Government has otherwise overpaid on an 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; and

(D) Contractor point of contact.

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

(6) 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, and then at the rate applicable for each six-month period as established 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) The Contracting Officer will issue a final decision if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt in a timely manner;

(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.

(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…