CSS RFQ.docx

1333ND23QNB680196 – BMF Pump Repairs

THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS PREPARED IN ACCORDANCE WITH THE FORMAT IN FAR SUBPART 12.6-STREAMLINED PROCEDURES FOR EVALUATION AND SOLICITATION FOR COMMERCIAL ITEMS-AS SUPPLEMENTED WITH ADDITIONAL INFORMATION INCLUDED IN THIS NOTICE. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTATIONS ARE BEING REQUESTED, AND A SEPARATE WRITTEN SOLICITATION DOCUMENT WILL NOT BE ISSUED. THE SOLICITATION IS BEING ISSUED USING SIMPLIFIED ACQUISITION PROCEDURES FOR CERTAIN COMMERCIAL ITEMS UNDER THE AUTHORITY OF FAR 13.

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) 2023-03 dated April 26, 2023.

1352.215-72 INQUIRIES (APR 2010)

Offerors must submit all questions concerning this solicitation in writing to both the Contract Specialist Elizabeth Timberlake at elizabeth.timberlake@nist.gov and the Contracting Officer Forest Crumpler at Forest.crumpler@nist.gov Questions should be received no later than five (5) calendar days after the issuance date of this solicitation. 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 responses included in the amendment to the solicitation will govern performance of the contract.

(End of Provision)

The associated North American Industrial Classification System (NAICS) code for this procurement is 811210 – Electronic and Precision Equipment Repair and Maintenance.

This acquisition is being set aside 100% for small businesses.

BACKGROUND:

The National Institute of Standards and Technology (NIST) proposes to acquire vacuum pump rebuild services for a collection of vacuum pumps that serve a variety of nanofabrication equipment in support of nanofabrication research and development in the Boulder Microfabrication Facility (BMF) and the Nanofabrication facility on the NIST Gaithersburg, MD campus. The Boulder and Gaithersburg facilities have periodic vacuum pump failures that render the vacuum pump unable to support the connected equipment. In most cases, the failure can be repaired. Both facilities seek contractors that can provide competitive vacuum pump rebuild services.

LIST OF ATTACHMENTS:

The following documents and forms are hereby provided as attachments. The purpose of these attachments is for reference and to provide specification requirements to the Contractor for quotation purposes only.

Attachment #1: NIST Requirements Document

All offerors shall provide a firm-fixed-price quotation for the following repair pumps:

The contractor shall repair the following vacuum pumps for the Boulder Location:

1. CTI 8 Cryopump

a. Part Number: 8116289G002

b. Serial Number: 1710CHE11636

2. CTI 8 Cryopump

a. Part Number: 8033083

b. Serial Number: 1710CHE11546

3. CTI 8 Cryopump

a. Part Number: 8033083

b. Serial Number: I05379318

4. CTI 8200 Compressor required for CTI OnBoard 8 Cryopump

a. Part Number: 8032550G002

b. Serial Number: 1711MON10044

5. Adixen ACP 28

a. Part Number: AC654214

b. Serial Number: EMD08111853

6. Edwards iH80

a. Part Number: A590-00-945

b. Serial Number: 139340676

7. Edwards iH80

a. Part Number: A533-81-945

b. Serial Number: 006422371

8. Edwards nXDS 10i (newer model of Edwards XDS 10)

a. Part Number: A73601983

b. Serial Number: 180556585

9. Edwards XDS 10

a. Part Number: A726-01-903

b. Serial Number: 086380752

10. Edwards XDS 10

a. Part Number: A726-01-906

b. Serial Number: 139493681

11. Edwards XDS 10

a. Part Number: A726-01-906

b. Serial Number: 119485780

12. Adixen ATP 80 turbo controller (ACT 200 T)

a. Part Number: ACT 200 T

b. Serial Number: 96426B

The contractor shall repair the following vacuum pumps for the Gaithersburg Md Location:

1. Edwards iH1000 MK5

0. Part Number: iH1000

0. Serial Number:170124892 , 170123544

1. Edwards iH600

1. Part Number:

1. Serial Number:139336973

1. Edwards iH80 MK5

2. Part Number:

2. Serial Number:139341260

1. Adixen ACP28G

3. Part Number:

3. Serial Number:AC668356

1. Edwards nXDS6i

4. Part Number:

4. Serial Number:180574894, 149587763

1. Scrollvac SC30D

5. Part Number:

5. Serial Number:KL623C Addendum to FAR 52.212-1, Quotation Preparation Instructions

System for Award Management (SAM) Registration

In accordance with FAR 52.204-7, the awardee must be registered in the System for Award Management (www.sam.gov) prior to award. Refusal to register shall forfeit award.

Due Date for Quotations

Offerors shall submit their electronic quotations, via email, so that NIST receives them not later than 12:00 p.m. Eastern Time on June 27, 2023. E-mail quotations shall be submitted directly to the Contract Specialist at elizabeth.timberlake@nist.gov and the Contracting Officer at forest.crumpler@nist.gov.

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

Quotations:

Price Quotation (Vol. I), Technical Quotation (Vol. II), Past Performance/References & Experience (Vol. III)

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

Volume I - Price Quotation:

The offeror shall submit an electronic copy of the completed price quotation. The price quotation shall be separate from any other portion of the quotation. The offeror shall propose a separate firm-fixed-price, FOB Destination, for each pump listed above for the Boulder and Gaithersburg locations, inclusive of shipping. Price quotations shall remain valid for a period of 90 days from the date quotations are due. Contractor shall state express warranty coverage.

Volume II - Technical Quotation:

The offeror shall submit one (1) copy of their entire quotation, electronically, via E-mail to Contract Specialist at Elizabeth.timberlake@nist.gov and Contracting Officer at forest.crumpler@nist.gov. The technical quotation shall address the following:

Technical Capability: For each vacuum pump the contractor is responsible for the following deliverables:

1. Make repairs included in a standard vacuum pump repair and perform testing within the standard repair lead time of 90 days ARO.

2. Provide test and repair report with each vacuum pump.

3. If enclosed in a crate or other packaging, clearly label the outside of the packaging to identify which pump is enclosed.

4. Return vacuum pump(s) to NIST Boulder.

The offeror must not simply state they will meet or exceed the requirement; evidence must be provided. If applicable, evidence that the offeror is authorized by the original provider to provide the services in the quotation should be included.

Volume III - Past Performance & Experience:

Past Performance:

The offeror shall provide past performance information regarding relevant contracts over the past three years with Federal, state, or local governments, or commercial customers.

A list of references, preferably at least 3, if available, to whom the same or similar service has been provided. The list of references shall include, at a minimum:

1. The name of the reference contact person and the company or organization;

2. The telephone number and email address of the reference contact person;

3. The contract or grant number, the amount of the contract and the address and the telephone number of the Contracting Officer if applicable; the date of delivery or the date services were completed, and a description of the equipment sold to each reference.

If the offeror has no relevant past performance, it may include a statement to that effect in its quotation. The government reserves the right to consider data obtained from sources other than those described by the offeror in its quotation.

Experience:

The offeror shall provide information which demonstrates the offeror’s experience in providing a Standard Rebuild service for vacuum pumps. The vendor shall provide a list of at least three similar awards for similar service supplied in the past three (3) years. Information shall include the model name/number, end username, and end user contact information.

Acceptance of Terms and Conditions (Addendum to FAR 52.212-1(b) (11)):

If the contractor objects to any of the terms and conditions contained in this solicitation, the contractor 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:” [Contractor shall list exception(s) and rationale for the exception(s)]. It is the sole responsibility of the contractor to identify in their quote any exceptions to the terms and conditions of the solicitation.

If the contractor does not include such a statement, the submission of a quotation in response to this solicitation will be regarded as the Contractor’s acceptance of the Government’s terms and conditions for inclusion into the resultant purchase order.

Note: This procurement is not being conducted under the GSA Federal Supply Schedule (FSS) program or another Government-Wide Area Contract (GWAC). If an Offeror 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 Offeror’s FSS or GWAC contract, and the statement required above shall be included in the quotation.

QUOTATION EVALUATION:

Evaluation Factors:

Award shall be made to the offeror whose quotation offers the best value to the Government price and other factors considered. The Government will evaluate quotations based on the following evaluation criteria: 1) Price, 2) Technical Capability, 3) Past Performance, and 4) Experience. All non-price factors, when combined, are more important than price.

Price:

The Government will evaluate price for reasonableness. The Government will evaluate price by totaling the price of a quantity of one pump of each type.

Technical Capability:

Evaluation of technical capability shall be based on the information provided in the quotation. NIST will evaluate whether the offeror has demonstrated that it offers a Standard Rebuild service for the pump types listed. Quotations that do not demonstrate all required tasks within the Standard Rebuild service will not be considered further for award.

Past Performance:

The Government will evaluate the Offeror's past performance information and, if appropriate, its proposed subcontractors' past performance to determine its relevance to the current requirement and the extent to which it demonstrates that the offeror has successfully completed relevant contracts in the past three years.

In assessing the offeror's past performance information, NIST will evaluate, as appropriate, successful performance of contract requirements, quality and timeliness of delivery of goods and services, cost management, communications between contracting parties, proactive management and customer satisfaction.

Evaluation of this factor will be based on information contained in the technical portion of the quotation and information provided by references. The Government will evaluate past performance information by contacting appropriate references, including NIST references, if applicable.

The Government may also consider other available information in evaluating the Offeror’s past performance.

The Government will assign a neutral rating if the offeror has no relevant past performance information.

Experience:

NIST will evaluate the extent of the offeror’s experience providing similar service. NIST will give preference to offerors who demonstrate they have experience maintaining the same equipment they are proposing for the current requirement.

DUE DATE FOR QUOTATIONS

Offerors shall submit their electronic quotations, via email, so that NIST receives them not later than 12:00pm Eastern Time on June 27, 2023. E-mail quotations shall be submitted directly to the Contract Specialist at Elizabeth.timberlake@nist.gov Contracting Officer at forest.crumpler@nist.gov

Please reference the RFQ number in the subject line of email communications. 0fferors quotations shall not be deemed received by the Government until the quotation is entered in the e-mail inbox set forth above.

PROVISIONS AND CLAUSES:

The following provisions and clauses apply to this acquisition and are hereby incorporated by reference.

All FAR clauses may be viewed at https://www.acquisition.gov/browse/index/far All CAR clauses may be viewed at https://www.acquisition.gov/car

PROVISIONS

FAR 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation (JAN 2017) FAR 52.204-7, System for Award Management (OCT 2018) FAR 52.204-10, Reporting Executive Compensation and First Tier Subcontract Awards (JUN 2020) FAR 52.204-16, Commercial and Government Entity Code Reporting (AUG 2020) FAR 52.204-18 Commercial and Government Entity Code Reporting (AUG 2020) FAR 52.204-20 Predecessor Of Offeror (AUG 2020) FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) FAR 52.209-6 Protecting the Government’s interest when subcontracting with contractors debarred, suspended or proposed for debarment (NOV 2021) FAR 52.212-1 Instructions to Offerors -- Commercial Items (NOV 2021) FAR 52.212-3 Offeror Representations and Certifications -- Commercial Items (NOV 2021) FAR 52.225-25, Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran (JUNE 2020)

Additionally, the following clauses are required to be completed and returned with the solicitation response:

(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; 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.

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)

FAR 52.209-2 Prohibition on Contracting With Inverted Domestic Corporations-Representation (NOV 2015)

(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)

52.229-11 Tax on Certain Foreign Procurements – Notices and Representation (JUN 2020)

(a) Definitions. As used in this provision— Foreign person means any person other than a United States person.

Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area.

United States person as defined in 26 U.S.C. 7701(a)(30) means

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31)); and

(5) Any trust if–

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.

(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The Offeror would claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/w14. Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue. The IRS Form W-14 is provided to the acquiring agency rather than to the IRS.

(d) For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that

(1) It [_] is [_] is not a foreign person; and

(2) If the Offeror indicates “is” in paragraph (d)(1) of this provision, then the Offeror represents that—I am claiming on the IRS Form W-14 [__] a full exemption, or [__] partial or no exemption [Offeror shall select one] from the excise tax.

(e) If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision, then—

(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract; and

(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent of each payment.

(f) If the Offeror selects “is” in paragraph (d)(1) and “partial or no exemption” in paragraph (d)(2) of this provision, the Offeror will be subject to withholding in accordance with the clause at FAR 52.229-12, Tax on Certain Foreign Procurements, in any resulting contract.

(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

(End of provision)

FAR 52.225-25, Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran (JUN 2020)

FULL TEXT CAR PROVISIONS:

CAR 1352.233-70 Agency Protests

(a) An agency protest may be filed with either: (1) the contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 Fed. Reg. 16,651 (April 6, 1999)

(b) Agency protests filed with the Contracting Officer shall be sent to the following address:

NIST/ACQUISITION MANAGEMENT DIVISION

ATTN: Forest Crumpler, CONTRACTING OFFICER 100 Bureau Drive, MS 1640 Gaithersburg, MD 20899

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

ATTN: HEAD OF THE CONTRACTING OFFICE (HCO)

100 Bureau Drive, MS 1640 Gaithersburg, MD 20899

(d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority.

(e) Service upon the Contract Law Division shall be made as follows:

U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W. Washington, D.C. 20230.

FAX: (202) 482-5858

(End of clause) CAR 1352.233-71 GAO and Court Of Federal Claims Protests

(a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed.

(b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims.

(c) Service upon the Contract Law Division shall be made as follows:

U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W. Washington, D.C. 20230.

FAX: (202) 482-5858

(End of clause)

CLAUSES

FAR 52.204-13, System for Award Management Maintenance (OCT 2018) FAR 52.204-18, Commercial and Government Entity Code Maintenance (AUG 2020) FAR 52.204-19, Incorporation by Reference of Representations and Certifications; (DEC 2014) FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) FAR 52.212-4, Contract Terms and Conditions—Commercial Items (NOV 2021) FAR 52.212-5 - Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (MAY 2022)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) 52.219-28, Post Award Small Business Program representation (Jul 2013) (15 U.S.C. 632(a)(2)).

52.222-3, Convict Labor (June 2003) (E.O. 11755).

52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

52.222-21, Prohibition of Segregated Facilities (Apr 2015).

52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Certification (May 2014) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

52.225-1, Buy American-supplies (Nov 2021) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

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)

(End of clause)

FAR 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013) FAR 52.232-40, Providing Accelerated Payment to Small Business Subcontractors (DEC 2013) FAR 52.247-35 F.O.B. Destination, Within Consignee’s Premises (APR 1984) FAR 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 address:

CAR PROVISIONS & CLAUSES FULL TEXT CAN BE ACCESSED AT:

http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl

(End of clause)

CAR 1352.201-70, Contracting Officer's Authority (APR 2010) CAR 1352.209-72 Restrictions Against Disclosure (ARP 2010) CAR 1352.209-73, Compliance with the Laws (APR 2010) CAR 1352.209-74 Organizational Conflict of Interest (APR 2010) CAR 1352.246-70 Place of Acceptance (APR 2010)

(a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract.

(b) The place of acceptance will be:

100 Bureau Drive, Gaithersburg, MD. 20899-0001.

(End of clause)

NIST LOCAL CLAUSES

NIST LOCAL-53 Contract Performance During Changes in NIST Operating Status

All contractors performing work on active contracts at the U.S. Department of Commerce (DOC), National Institute of Standards and Technology (NIST) campuses and/or working in NIST workspaces should go to the www.nist.gov website and under the “About NIST” tab click on “Visit”. This site includes information about campus access and security information; identification requirements; parking information and more.

Contractor personnel are required to check the appropriate campus operating status and personnel requirements at https://www.nist.gov/campus-status daily prior to arriving on site. All personnel must adhere to the requirements set forth in the operating status.

Unless otherwise stated in the contract terms and conditions, normal days of business operation are Monday through Friday, excluding Federal Holidays. However, throughout the contract period of performance, there may be circumstances beyond the control of NIST that will impact normal days of business operation such as inclement weather, power outages, etc. In circumstances such as these, the Contractor must call the appropriate NIST campus status line to verify the operating status:

Gaithersburg Campus Operating Status Line:

(301) 975-8000

(800) 437-4385 x8000 (toll free)

Boulder Campus Operating Status Line:

(303) 497-4000

(303) 497-3000 option 2

In the event of a lapse in appropriation, access to Government facilities and resources, including equipment and systems will be limited to excepted personnel for both Federal employees and contractor personnel. If performance of the contract is onsite and/or requires Government interaction, unless the contractor has been, or is notified that it is required to work under an excepted status, the contractor must stop work. The work stoppage shall remain in effect until the lapse is resolved and notification is provided via the NIST website at www.nist.gov (banner on front page) and/or the NIST operating status line(s). Additionally, contractors are encouraged to monitor public broadcasts or the Office of Personnel Management’s website at www.opm.gov for the Federal Government operating status.

NIST will provide notification to all contractors that are determined to have excepted status. All excepted contractors are required to continue performance and communicate with the appointed Contracting Officer’s Representative (COR) for further guidance, or NIST Contracting Officer if a COR is not appointed.

Contractors with active supply or service contracts that are fully funded at the time of contract award and do not require access to Government facilities, resources, or active administration by Government personnel in a manner that would not cause the Government to incur additional obligations during the lapse in appropriation may continue performance.

Please note that in all circumstances that impact operations on the NIST campuses, contractors are expected to follow all direction and guidance provided by NIST authorities.

(End of clause)

NIST LOCAL-54 ELECTRONIC BILLING INSTRUCTIONS

Instructions: use in all awards that require electronic submission of invoices.

NIST requires that Invoice/Voucher submissions are sent electronically via email to INVOICE@NIST.GOV.

Each Invoice or Voucher submitted shall include the following:

(1) Contract number;

(2) Contractor name and address;

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

(4) Date of invoice;

(5) Invoice number;

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

(7) Contract Line Item Number (CLIN);

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

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

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

NIST LOCAL – 56 DEPARTMENT OF COMMERCE ELECTRONIC SUBMISSION OF PAYMENT REQUESTS FOR EXISTING CONTRACT ACTIONS INVOICING PROCESSING PLATFORM-ALTERNATE I (DEC 2022)

Upon written notice from the contracting officer the following supersedes all other instructions for the submission of payment requests. Accordingly, following written notice payment requests must be submitted electronically through the U.S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable payment request or invoicing instructions, Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice: SEE NIST LOCAL-54 for documentation requirements.

The Contractor must use the IPP website to register, access, and use IPP for submitting payment requests. If not already enrolled, the Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email within three to five business days of the addition of the contract award to IPP. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email: IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting payment requests, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation. Contact the contracting officer for more information on submitting a waiver request.