CSS Tower Inspection.pdf

1333ND24QNB680402 / Radio Antenna Tower Inspection and Repair Services

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 UNDER THE

AUTHORITY OF FAR 13.5.

The solicitation number is 1333ND24QNB680402 and is a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2024-05 dated May 22, 2024.

Defense Priorities and Allocations System (DPAS) is not applicable.

The associated North American Industrial Classification System (NAICS) code for this procurement is 237130 - Power and Communication Line and Related Structures Construction with a small business size standard of $45.0 million.

This acquisition is being solicited as 100% set aside for small business.

CAM 1352.215-72 INQUIRIES (APR 2010)

Offerors must submit all questions concerning this solicitation in writing to both the Contract Specialist Jenna Bortner at jenna.bortner@nist.gov and the Contracting Officer Donald Collie at Donald.collie@nist.gov. Questions should be received no later than five (5) calendar days after the site visit is concluded. 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)

SITE VISIT

A site visit will take place on July 22, 2024 at 10:00 AM MDT. The site visit shall begin promptly at 10:00 AM MDT. The site visit will allow Contractors to view the 16 radio towers and the site where they reside. Potential Contractors are strongly encouraged to attend the site visit. In no event shall failure to inspect the site constitute grounds for a claim after contract award. Attendees shall convene at 5701 CO-1, Fort Collins, Colorado 80524.

Contractors who are planning to attend the site visit shall e-mail their intention to attend to Jenna Bortner at jenna.bortner@nist.gov, not later than 10:00 AM EDT on July 19, 2024, with the following information:

Please note: The name being entered below must match their photo identification (i.e. Thomas, not Tom).

1) Company name

2) Names of all individuals attending the site visit

Special Instructions:

When you arrive at the security gate there is a phone box on a post. Please lift the phone handset and it will ring our office phone. We will ask you to identify yourself and then open the gate to allow access. Procced about ¼ mile to the paved parking lot in front of Radio station WWVB and park. The site representative will meet you in the parking lot for a prompt start time of 10:00

AM MDT.

BACKGROUND:

The National Institute of Standards and Technology (NIST) owns sixteen (16) radio antenna towers located at 5701 CO-1, Fort Collins, CO 80524. These towers are used by NIST radio stations WWVB (Reference 1) and WWV (Reference 2). The towers form and/or support antennas that transmit standard time, standard frequencies, and NOAA space-weather information to the public. Regular inspection, maintenance, repairs, and modifications made relative to industry standards are required to keep the towers 1) operating continuously and safely under the range of expected weather conditions experienced in Fort Collins, Colorado and

2) safe to climb when inspections, maintenance, repairs, or modifications are needed. There is also an urgent requirement to re-sheave the halyard at Tower 4 and replace the halyards on all four towers (Towers 1, 2, 3, and 4) that comprise the southern antenna of WWVB.

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 A: Statement of Work (SOW) Attachment B: Wage Determination

Offeror shall provide pricing for the following line items. All equipment must be new. Used or remanufactured equipment will not be considered for award.

1. This a hybrid firm fixed price (FFP) and Time & Materials (T&M) RFQ. Line Items 0001, 0002, 0003, 0005, 0008, 0009, and 0010 are firm fixed price line items. The Offeror shall submit a firm fixed price offer for Line Items 0001, 0002, 0003, 0005, 0008, 0009, and 0010.

2. Line Items 0004, 0006, 0007, 0011, and 0012 are Time & Material CLINs. For each of these line items, the Offeror must complete the price schedule below.

a. Non-emergency assessments and emergency assessments shall be utilized as fixed-price, fully loaded rates with not to exceed amounts. Offerors shall provide a fixed price, fully loaded rate inclusive of all direct cost, indirect cost, general and administrative cost, and fee, per non-emergency assessment and emergency assessment.

b. Labor shall be utilized as fixed price fully loaded hourly rates with not to exceed amounts. Offerors shall provide their intended labor categories and crew size with fixed fully loaded hourly rate(s) inclusive of all direct cost, indirect cost, general and administrative cost, and fee, per labor category. If the number of intended labor categories exceeds the number of rows provided in the below table, offerors may provide the required information on a separate page.

i. The labor categories provided in the attached Labor Category Definitions are candidate labor categories identified by the Government. Offerors are not required to provide these exact definitions and categories but must provide skill categories and a level of effort that are similar and fulfill the requirements of the SOW.

Contract Line-Item Number (CLIN) QTY UNIT UNIT

PRICE

APPLICABLE

DISCOUNTS

TOTAL

CLIN 0001: Base Line Item/FFP Task 1—Development, documentation, and implementation of a safety and rescue plan in accordance with the SOW.

1 LO

CLIN 0002: Base Line Item/FFP Task 2 –Inspection of the sixteen

(16) radio towers and their associated antenna systems in accordance with the SOW.

1 LO

CLIN 0003: Base Line Item/FFP Task 3 – Documentation and Analysis of Inspection Findings in

CLIN 0004: Base Line Item/T&M Task 4 AND Task 5 – Availability for Emergency Inspection or Repair AND Non-Emergency Maintenance, Repair, or Modifications in

CLIN 0005: Base Line Item/FFP Task 6 – Capacitive Top Hat Antenna Repair in accordance with the SOW.

1 LO

CLIN 0006: Option Year 1 Line Item/T&M Task 4 AND Task 5 – Availability for Emergency Inspection or Repair AND Non-Emergency Maintenance, Repair, or Modifications in accordance with the SOW.

1 LO

CLIN 0007: Option Year 2 Line Item/T&M Task 4 AND Task 5 – Availability for Emergency Inspection or Repair AND Non-Emergency Maintenance, Repair, or Modifications in accordance with the SOW.

1 LO

CLIN 0008: Option Year 3 Line Item/FFP Task 1—Development, documentation, and implementation of a safety and rescue plan in accordance with the SOW.

1 LO

CLIN 0009: Option Year 3 Line Item/FFP Task 2 –Inspection of the sixteen

(16) radio towers and their associated antenna systems in

CLIN 0010: Option Year 3 Line Item/FFP Task 3 – Documentation and Analysis of Inspection Findings in

CLIN 0011: Option Year 3 Line Item/T&M Task 4 AND Task 5 – Availability for Emergency Inspection or Repair AND Non-Emergency Maintenance, Repair, or Modifications in accordance with the SOW.

1 LO

CLIN 0012: Option Year 4 Line Item/T&M Task 4 AND Task 5 – Availability for Emergency Inspection or Repair AND Non-Emergency Maintenance, Repair, or Modifications in

Offeror must complete each schedule provided below for each Time and Materials Line Item

BASE PERIOD LINE ITEM 0004; Availability for Emergency Inspection or Repair AND Non- Emergency Maintenance, Repair, or Modifications

CATEGORY/LABOR FIXED

HOURLY

RATES/FIXED

SERVICE

CHARGE

(inclusive of travel)

UNIT UNIT

PRICE

APPLICABLE

DISCOUNTS

EXTENDED

PRICE

Non-Emergency Repair Assessment

Per Assessment

Emergency Repair

Insert Labor Category Here

Per Hour

**ODCs outside of travel (e.g., materials) will be included in the award. However, the Government does not have a Mock Order for quoting purposes.

OPTION PERIOD 1 LINE ITEM 0006; Availability for Emergency Inspection or Repair AND Non-Emergency Maintenance, Repair, or Modifications

CATEGORY/LABOR FIXED

HOURLY

RATES/FIXED

SERVICE

CHARGE

(inclusive of travel)

UNIT UNIT

PRICE

APPLICABLE

DISCOUNTS

EXTENDED

PRICE

Non-Emergency Repair Assessment

Assessment

OPTION PERIOD 2 LINE ITEM 0007; Availability for Emergency Inspection or Repair AND

CATEGORY/LABOR FIXED

HOURLY

RATES/FIXED

SERVICE

CHARGE

(inclusive of travel)

UNIT UNIT

PRICE

APPLICABLE

DISCOUNTS

EXTENDED

PRICE

Non-Emergency Repair Assessment

OPTION PERIOD 3 LINE ITEM 0011; Availability for Emergency Inspection or Repair AND

CATEGORY/LABOR FIXED

HOURLY

RATES/FIXED

SERVICE

CHARGE

(inclusive of travel)

UNIT UNIT

PRICE

APPLICABLE

DISCOUNTS

EXTENDED

PRICE

Non-Emergency Repair Assessment

OPTION PERIOD 4 LINE ITEM 0012; Availability for Emergency Inspection or Repair AND

CATEGORY/LABOR FIXED

HOURLY

RATES/FIXED

SERVICE

CHARGE

(inclusive of travel)

UNIT UNIT

PRICE

APPLICABLE

DISCOUNTS

EXTENDED

PRICE

Non-Emergency Repair Assessment

The provision at FAR 52.212-1, Instructions to Offerors—Commercial Products and Commercial Services, applies to this acquisition. Addenda to this provision is as follows:

System for Award Management (SAM) Registration

In accordance with FAR 52.204-7, offerors must be registered in the System for Award Management (www.sam.gov) at the time of quotation submission and shall continue to be registered until time of award, during performance, and through final payment of any resultant contract. Refusal to register shall forfeit award.

Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services with its offer. The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

DUE DATE FOR QUOTATIONS

Offerors shall submit their electronic quotations, via email, so that NIST receives them not later than 11:00 AM Eastern Time (ET) on August 12, 2024. E-mail quotations shall be submitted directly to the Contract Specialist Jenna Bortner at jenna.bortner@nist.gov and the Contracting Officer Donald Collie at Donald.collie@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.

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. All pages of the quotation shall be appropriately numbered.

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 – Technical Quotation Volume II – Past Performance Volume III – Experience Volume IV – Price Quotation Volume V – Terms and Conditions

Volume I - Technical Quotation:

The offeror shall submit one (1) copy of their technical quotation, electronically, via E-mail to the Contract Specialist and Contracting Officer identified above. The technical quotation shall address the following:

Technical Capability: The offeror shall submit a technical description or literature for each task listed in the SOW. The submission must demonstrate that the capability of the offeror meets or exceeds each minimum requirement described within the attached SOW by providing a citation to the relevant section of its technical description or product literature. The offeror must not simply state they will meet or exceed the SOW requirements; evidence must be provided.

Stronger consideration will be given to vendors that self-perform all of the requirements under the SOW.

Volume II – Past Performance

The offeror shall provide past performance information regarding relevant contracts over the past three (3) years with Federal, state, or local governments, or commercial customers. If the offeror intends to subcontract with another firm(s) for part of this requirement, that firm’s past performance information shall also be provided. 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.

The description of each contract/order described in this section shall not exceed one half page in length. For each contract/order, the offeror shall provide the following information:

(1) Contract number;

(2) Product Number or Service provided.

(3) Description and relevance to solicitation requirements including dollar value; Ability to meet the desired technical exceedance and minimum specifications in the offered past performance.

(4) Period of Performance – indicate by month and year the state and completion (or “ongoing”) dates for the contract;

(5) Reference Contact – If a non-Government contract, identify the name and address of the client with current telephone number and email address of a point of contact of the client responsible for the contract;

(6) Contracting Office – If a Government contract (Federal or state), identify the Contracting Officer (CO), and Contracting Officer’s Representative (COR), and their names, current telephone numbers and email addresses.

Volume III – Experience

The offeror shall provide answers to the following questions which shall demonstrate the offeror’s experience in providing Radio Tower inspection, maintenance, and repair services.

Responses should demonstrate the depth and breadth of similar experience the offeror possesses.

1. Please describe your experience in safely performing inspection, maintenance, repair, and modifications to guyed radio towers as tall as 122 meters.

i. Be sure to speak to how many years of experience you have doing this work, and how you have utilized subcontractors, if any.

2. How many safety violations have you had, if any? How many falls have you had, if any?

i. What measures did you take to prevent the violations and or falls from re-occurring?

3. Have you had any citations, lawsuits, or prosecutions, safety-related or otherwise?

4. How long has your company been in business?

i. Please describe how you manage crew turnover, and the average employment length of a tower climbing employee.

5. Have you completed projects similar in scope to this requirement, specifically:

i. with towers utilizing systems of cables between them to suspend a capacitance hat;

ii. both free- standing towers and towers supported by guy-wires;

iii. sites that require several towers inspected during a single deployment.

6. What is your involvement with industry groups? Are you or your staff recognized by industry awards or other recognition?

7. How will your prior experience and learning mitigate safety risks?

i. Please include a description of your incident reporting system with your response, and how often it is utilized by your employees.

8. In an emergency situation, who will respond, and how quickly?

9. How many towers per day do you anticipate completing? How long do you anticipate this job to take?

10. How many climbers do you have available at any given time?

11. Please describe how your company and climbers perform inspections and repairs in the following conditions:

i. Thunderstorms – how do you monitor for potential thunderstorms? How do you determine it is safe to start work during/after a thunderstorm?

ii. Wind – how do you and your staff assess the impact of wind on a safe climb? Is there a wind speed or other parameter where you would stop a climb?

iii. Other Inclement Weather (including but not limited to rain and snow) - How do you perform inspections and repairs in rain and/or snow? Are there specific parameters that you monitor?

Volume IV - Price Quotation

The offeror shall submit one (1) copy of their entire quotation, electronically, via E-mail to the Contract Specialist and Contracting Officer identified above. The pricing quotation shall be separate from any other portion of the quotation. The offeror shall propose a firm-fixed-price quotation for each CLIN to include all shipping costs (FOB Destination). Price quotations shall remain valid for a period of 90 days from the date quotations are due.

Volume V - Terms and Conditions Provisions Offerors shall provide a completed copy of all FAR provisions listed below:

1. 52.204-17, Ownership or Control of Offeror (Aug 2020)

2. 52.204-26, Covered Telecommunications Equipment or Services - Representation (Oct 2020)

3. 52.209-2, Prohibition on Contracting With Inverted Domestic Corporations-Representation

(Nov 2015)

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 quotation 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 (PO).

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 proposed 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.

NAICS Code If the Offeror’s representations and certifications do not reflect the NAICS code governing this solicitation, Offerors must submit documentation that they are a small business under the NAICS code governing this solicitation.

(End of provision)

Provision 52.212-2, Evaluation-Commercial Products and Commercial Services applies to this procurement. The evaluation criteria included in paragraph (a) of the provision are as follows:

EVALUATION CRITERIA

Basis of Award:

The Government intends to award a single purchase order (PO) from this solicitation using simplified acquisitions procedures in accordance with FAR part 13.5. The Government reserves the right not to award a PO and to make an award without discussions based solely upon initial quotes. NIST reserves the right to request revised quotes from, or negotiate final contract terms with, one or more, but not all, Contractors if later determined by the Contracting Officer to be necessary.

Evaluation Factors:

The Government will award a firm fixed price and time and materials purchase order resulting from this solicitation once the Contractor is verified as responsible and the quotation is determined to best meet the needs of the Government after consideration of all factors-- i.e., provides the “best value.” Accordingly, the Government may award the PO to other than the lowest priced Quoter or other than the highest technically rated Quoter. All non-price factors, when combined, are significantly more important than price. The Government is more concerned with obtaining superior technical performance capability (represented by the non-price evaluation factors) than with making an award at the lowest overall evaluated price.

Technical Capability: Evaluation of technical capability shall be based on the information provided in the quotation Volume I. NIST will evaluate whether the offeror has demonstrated that its proposed services meet all minimum requirements. Quotations that do not demonstrate the proposed services meet all requirements will not be considered further for award. If an offeror does not indicate whether its proposed services meet a certain minimum requirement, NIST will determine that it does not.

Stronger consideration will be given to vendors that self-perform all of the requirements under the SOW.

Past Performance:

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

Evaluation of this factor will be based on information contained in Volume II, CPARS, 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. Offerors without relevant past performance information will not be rated as favorable or unfavorable.

Experience:

The Government will evaluate the degree to which an offeror has performed similar work in a safe manner based on the offeror’s responses to the posted questions in Volume III. NIST will give higher preference to offerors who can demonstrate how they will provide and maintain a safe work environment through objective measures.

Price: The Government will evaluate price for reasonableness. The evaluation will determine whether the proposed prices are reasonable in relation to the solicitation requirements. A price realism analysis will not be conducted. Prices must be proportionate with the technical portion of the quotation.

(End of provision)

PROVISIONS AND CLAUSES:

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

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

PROVISIONS Incorporated By Reference 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 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020) FAR 52.204-20 Predecessor Of Offeror (AUG 2020) FAR 52.204-24 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) FAR 52.209-7 Information Regarding Responsibility Matters (OCT 2018) FAR 52.212-1 Instructions to Offerors -- Commercial Items (SEPT 2023) FAR 52.212-3 Offeror Representations and Certifications – Commercial Products and Services

(MAY 2024)

FAR 52.217-5 Evaluation of Options (July 1990) FAR 52.219-1 Small Business Program Representations (FEB 2024) FAR 52.222-25 Affirmative Action Compliance (APR 1984) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/car

FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran – Representation and Certifications (JUN 2020) FAR 52.237-1 Site Visit (APR 1984)

PROVISIONS Incorporated By Full Text Additionally, the highlighted full-text provisions are required to be completed and returned with the solicitation Volume III response:

FAR 52.204-17 Ownership or Control of Offeror (August 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; 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)

52.204-26 Covered Telecommunications Equipment or Services-Representation (October 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".

(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.

FAR 52.209-2 Prohibition on Contracting With Inverted Domestic Corporations- Representation (November 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.

CAR 1352.233-70 Agency Protests (APR 2010)

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

16,651 (April 6, 1999)

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

NIST/ACQUISITION MANAGEMENT DIVISION

ATTN: Don Collie, 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

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 (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

(End of clause)

CLAUSES Incorporated by Reference 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 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

(OCT 2018)

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

(NOV 2023)

FAR 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) FAR 52.232-7 Payments under Time-and-Materials and Labor-Hour Contracts (NOV 2021) FAR 52.232-8 Discounts for Prompt Payment (FEB 2002) FAR 52.232-39 Unenforceability Of Unauthorized Obligations (JUN 2013) FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) FAR 52.242-13 Bankruptcy (July 1995) FAR 52.247-35 F.O.B. Destination, Within Consignee`s Premises (APR 1984) CAR 1352.201-70 Contracting Officer's Authority (APR 2010) CAR 1352.209-73 Compliance with the Laws (APR 2010) CAR 1352.209-74 Organizational Conflict of Interest (APR 2010) CAR 1352.228-70 Insurance Coverage (APR 2010) CAR 1352.228-72 Deductibles Under Required Insurance Coverage - Fixed Price (APR 2010) CAR 1352.231-71 Duplication Of Effort (APR 2010)

CLAUSES Incorporated by Full Text

FAR 52.212-5 - Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (MAY 2024)

(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 (Dec 2023) (Section 1634 of Pub. L.

115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 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:

52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (31 U.S.C. 6101 note)

52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition (Dec 2023) (Pub. L. 115–390, title II) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and (3)) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637s) 52.219-28, Post Award Small Business Program representation (Feb 2024) (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 (Feb 2024) 52.222-21, Prohibition of Segregated Facilities (Apr 2015) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O.

13627) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) ( E.O. 13513) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Oct 2018) (31 U.S.C. 3332)

FAR 52.217-8 Option to Extend Services (NOV 1999) 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 30 days.

FAR 52.217-9 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 5 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 years, 6 months.

FAR 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 2014) In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor ( 29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.

This Statement is for Information Only: It is not a Wage Determination

Employee Class Monetary Wage-Fringe Benefits http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

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/these address(es):

FAR Clauses: https://www.acquisition.gov/browse/index/far CAR Clauses: https://www.acquisition.gov/car

(End of Clause)

CAR 1352.201-72, Contracting Officer's Representative (COR) (APR 2010)

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

Phone Number: TBA E-mail: TBA

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

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

(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions.

Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor.

CAR 1352.216-77 Ceiling price (APR 2010) The ceiling price of this contract is $100,000 for time and materials line items for each 12-month period. 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.

CAR 1352.237-75 Key Personnel (APR 2010)

(a) The contractor shall assign to this contract the following key personnel: TBD

(b) The contractor shall obtain the consent of the Contracting Officer prior to making key personnel substitutions. Replacements for key personnel must possess qualifications equal to or exceeding the qualifications of the personnel being replaced unless an exception is approved by https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/car the Contracting Officer.

(c) Requests for changes in key personnel shall be submitted to the Contracting Officer at least 15 working days prior to making any permanent substitutions. The request should contain a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer.

The Contracting Officer will notify the contractor within 10 working days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes.

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:

5701 CO-1, Fort Collins, Colorado 80524.

CAR 1352.270-70 Period of performance (APR 2010)

(a) The base period of performance of this contract is from Receipt of Order through 12 months.

If an option is exercised, the period of performance shall be extended through the end of that option period.

(b) The option periods that may be exercised are as follows:

Period Start Date End Date Option I Expiration of base year Through 12 months Option II Expiration of option period I Through 12 months Option III Expiration of option period II Through 12 months Option IV Expiration of option period III Through 12 months

(c) The notice requirements for unilateral exercise of option periods are set out in FAR 52.217- 9.

(End of clause)

NIST LOCAL CLAUSES

NIST LOCAL-53 Contract Performance During Changes in NIST 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 the U.S. Department of Commerce, National Institute of Standards and Technology (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

During 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 you have been, or are notified that you are to work under an excepted status, you will automatically enter a temporary work stoppage. The work stoppage shall remain in effect until the lapse is resolved and notification is provided via the NIST website at https://www.nist.gov/ and/or the NIST operating status lines. 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 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 cause the government to incur additional obligations during the lapse in appropriation may continue performance.

NIST LOCAL-54 ELECTRONIC BILLING INSTRUCTIONS

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

INVOICE@NIST.GOV.

Each Invoice or Voucher submitted shall include the following:

(1) Contract number;

(2) Contractor name and address;

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

(4) Date of invoice;

(5) Invoice number;

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

(7) Contract Line Item Number (CLIN);

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

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

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

mailto:INVOICE@NIST.GOV http://www.sam.gov/

NIST LOCAL – 56 DEPARTMENT OF COMMERCE ELECTRONIC SUBMISSION OF

PAYMENT REQUESTS FOR EXISTING CONTRACT ACTIONS INVOICING

PROCESSING PLATFORMALTERNATE 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.

https://www.ipp.gov/