FormSF1442.pdf

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

See Attached

STANDARD FORM 1442 (REV. )

Prescribed by GSA - FAR (48 CFR) 53.236-1(d)

1333ND20QNB190030

NATIONAL INST OF STDS AND TECHNOLOGY

100 BUREAU DRIVE STOP 1640

BUILDING 301 ROOM B129

GAITHERSBURG MD 20899-1640

NATIONAL INST OF STDS AND TECHNOLOGY

100 BUREAU DRIVE STOP 1640

BUILDING 301 ROOM B129

GAITHERSBURG MD 20899-1640

NB193000-20-00128

000SB

DECHANTA VAUGHAN 301-975-4686 dechanta.vaughan@nist.gov

1 77

JUN 10, 2020

12:00 PM ET

000SB

8/2014

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT

NUMBER

DATE.

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

27. PAYMENT WILL BE MADE BY

10 U.S.C. 2304(c) ( )

20b. SIGNATURE 20c. OFFER DATE

STANDARD FORM 1442 (REV. ) BACK1333ND20QNB190030

8/2014

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Base Ordering Period

Contractor shall provide labor, equipment, materials and supervision to perform task orders for mechanical construction services at the NIST Gaithersburg campus in accordance with the terms and conditions of the contract.

Period of performance is one year.

PR NUMBER: NB193000-20-00128

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

BUILDING 301 SHIPPING AND RECEIVING

100 BUREAU DRIVE

GAITHERSBURG MD 20899-0001

FOB : Destination

1.00 JB

0002 Ordering Period 1 and supervision to perform task orders for mechanical construction services at the NIST Gaithersburg campus in accordance with the terms and conditions of the contract.

Period of performance is one year.

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

BUILDING 301 SHIPPING AND RECEIVING

100 BUREAU DRIVE

GAITHERSBURG MD 20899-0001

0003 Ordering Period 2 and supervision to perform task orders for mechanical construction services at the NIST Gaithersburg campus in accordance with the terms and conditions of this contract.

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

BUILDING 301 SHIPPING AND RECEIVING

100 BUREAU DRIVE

GAITHERSBURG MD 20899-0001

PAGE 3 OF 77 1333ND20QNB190030

Table of Contents

SECTION C DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 Statement of Work

SECTION E INSPECTION AND ACCEPTANCE

E.1 Inspection & Acceptance

E.2 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

E.3 1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

SECTION F DELIVERIES OR PERFORMANCE

F.1 Period of Performance

F.2 52.242-14 SUSPENSION OF WORK (APR 1984)

SECTION G CONTRACT ADMINISTRATION DATA

G.1 1352.201-70 CONTRACTING OFFICER?s AUTHORITY (APR 2010)

G.2 1352.201-72 CONTRACTING OFFICER`S REPRESENTATIVE (COR) (APR 2010)

G.3 1352.216-75 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (APR 2010)

G.4 52.232-99 DEVPROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS CONTRACTORS (AUG 2012)

G.5 NIST LOCAL-40BILLING INSTRUCTIONS FOR DELIVERY/TASK ORDERS

G.6 NIST LOCAL-53CONTRACT PERFORMANCE DURING CHANGES IN NIST OPERATING STATUS

SECTION H SPECIAL CONTRACT REQUIREMENTS

H.1 Task Order Solicitation

H.2 52.236-8 OTHER CONTRACTS (APR 1984)

H.3 1352.208-70 RESTRICTIONS ON PRINTING AND DUPLICATING (APR 2010)

H.4 1352.209-71 LIMITATION OF FUTURE CONTRACTING (APR 2010)

H.5 1352.209-72 RESTRICTIONS AGAINST DISCLOSURE (APR 2010)

H.6 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

H.7 1352.228-70 INSURANCE COVERAGE (APR 2010)

H.8 1352.228-72 DEDUCTIBLES UNDER REQUIRED INSURANCE COVERAGE- FIXED PRICE (APR 2010)

H.9 1352.237-71 SECURITY PROCESSING REQUIREMENTS - LOW RISK CONTRACTS (APR 2010)

SECTION I CONTRACT CLAUSES

I.1 52.202-1 DEFINITIONS (NOV 2013)

I.2 52.203-3 GRATUITIES (APR 1984)

I.3 52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

I.4 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)

I.5 52.203-7 ANTI-KICKBACK PROCEDURES (MAY 2014)

I.6 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

I.7 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010)

I.8 52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST (DEC 2011)

I.9 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS (APR 2014)

I.10 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS

(JAN 2017)

I.11 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011)

I.12 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

I.13 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (OCT 2018)

I.14 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

I.15 52.204-15 SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE-DELIVERY CONTRACTS (OCT 2016) 24

I.16 52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

PAGE 4 OF 77 1333ND20QNB190030

I.17 52.209-6 PROTECTING THE GOVERNMENT`S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (OCT 2015)

I.18 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) 24

I.19 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015)

I.20 52.210-1 MARKET RESEARCH (APR 2011)

I.21 52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)

I.22 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011)

I.23 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2018)

I.24 52.219-14 LIMITATIONS ON SUBCONTRACTING (JAN 2017)

I.25 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)

I.26 52.222-3 CONVICT LABOR (JUN 2003)

I.27 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS --OVERTIME COMPENSATION (MAY 2018)

I.28 52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS (AUG 2018)

I.29 52.222-7 WITHHOLDING OF FUNDS (MAY 2014)

I.30 52.222-8 PAYROLLS AND BASIC RECORDS (AUG 2018)

I.31 52.222-9 APPRENTICES AND TRAINEES (JUL 2005)

I.32 52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)

I.33 52.222-11 SUBCONTRACTS (LABOR STANDARDS) (MAY 2014)

I.34 52.222-12 CONTRACT TERMINATION--DEBARMENT (MAY 2014)

I.35 52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND RELATED REGULATIONS (MAY

2014)

I.36 52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

I.37 52.222-15 CERTIFICATION OF ELIGIBILITY (MAY 2104)

I.38 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

I.39 52.222-26 EQUAL OPPORTUNITY (SEPT 2016)

I.40 52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (APR 2015)

I.41 52.222-32 CONSTRUCTION WAGE RATE REQUIREMENTS--PRICE ADJUSTMENT (ACTUAL METHOD) (AUG 2018)..26

I.42 52.222-37 EMPLOYMENT REPORTS ON VETERANS (FEB 2016)

I.43 52.222-50 COMBATING TRAFFICKING IN PERSONS (JAN 2019)

I.44 52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (DEC 2015)

I.45 52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2017)

I.46 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS

(SEP 2013)

I.47 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)

I.48 52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

I.49 52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (DEC 2007)

I.50 52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS

(AUG 2018)

I.51 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011)

I.52 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

I.53 52.227-4 PATENT INDEMNITY--CONSTRUCTION CONTRACTS (DEC 2007)

I.54 52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)

I.55 52.228-5 INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

I.56 52.228-11 PLEDGES OF ASSETS (AUG 2018)

I.57 52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS (MAY 2014)

I.58 52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)

I.59 52.228-15 PERFORMANCE AND PAYMENT BONDS--CONSTRUCTION (OCT 2010)

I.60 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)

I.61 52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014)

I.62 52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

I.63 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2017)

PAGE 5 OF 77 1333ND20QNB190030

I.64 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

I.65 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

I.66 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

I.67 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

I.68 52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

I.69 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)

I.70 52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

I.71 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

I.72 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

I.73 52.236-8 OTHER CONTRACTS (APR 1984)

I.74 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS

(APR 1984)

I.75 52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)

I.76 52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)

I.77 52.236-12 CLEANING UP (APR 1984)

I.78 52.236-13 ACCIDENT PREVENTION (NOV 1991)

I.79 52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)

I.80 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

I.81 52.236-17 LAYOUT OF WORK (APR 1984)

I.82 52.236-19 ORGANIZATION AND DIRECTION OF THE WORK (APR 1984)

I.83 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)

I.84 52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

I.85 52.242-13 BANKRUPTCY (JUL 1995)

I.86 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

I.87 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

I.88 52.249-2 I TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR 2012)-- ALTERNATE

I (SEP 1996)

I.89 52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)

I.90 52.203-14 DISPLAY OF HOTLINE POSTER(S) (OCT 2015)

I.91 52.204-2 II SECURITY REQUIREMENTS (AUG 1996)--ALTERNATE II (APR 1984)

I.92 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

I.93 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

I.94 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

I.95 52.222-35 EQUAL OPPORTUNITY FOR VETERANS. [OCT 2015]

I.96 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)

I.97 52.225-11 BUY AMERICAN ACT--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (OCT 2019)

I.98 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS

(MAY 2014)

I.99 52.228-1 BID GUARANTEE (SEP 1996)

I.100 52.233-1 DISPUTES (MAY 2014)

I.101 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

I.102 52.236-4 PHYSICAL DATA (APR 1984)

I.103 52.236-28 PREPARATION OF PROPOSALS--CONSTRUCTION (OCT 1997)

I.104 52.242-14 SUSPENSION OF WORK (APR 1984)

I.105 52.243-4 CHANGES (JUN 2007)

I.106 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

I.107 52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

I.108 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

I.109 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

I.110 1352.233-70 AGENCY PROTESTS (APR 2010)

I.111 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

PAGE 6 OF 77 1333ND20QNB190030

I.112 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT. (AUG 2019)

I.113 52.216-24 LIMITATION OF GOVERNMENT LIABILITY (APR 1984)

I.114 52.216-25 CONTRACT DEFINITIZATION (OCT 2010)

I.115 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (AUG 2019)

I.116 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (MAY

2014)

I.117 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT 2015)

I.118 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

I.119 52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS (OCT 2016)

I.120 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MANAGEMENT (JUL 2016)

I.121 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

I.122 52.215-2 AUDIT AND RECORDS--NEGOTIATION (OCT 2010)

I.123 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

I.124 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

I.125 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION (OCT 2014)

I.126 52.222-5 Construction Wage Rate Requirements Secondary Site of the Work (May 2014)

I.127 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2015)

I.128 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011)

I.129 52.225-20 PROHIBITION ON CONDUCTING RESTRICTED BUSINESS OPERATIONS IN SUDAN--CERTIFICATION (AUG

2009)

I.130 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS

RELATING TO IRAN--REPRESENTATION AND CERTIFICATIONS (AUG 2018)

I.131 52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)

I.132 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (DEC 2007)

I.133 52.232-17 INTEREST (MAY 2014)

I.134 52.233-2 SERVICE OF PROTEST (SEP 2006)

I.135 52.243-5 CHANGES AND CHANGED CONDITIONS (APR 1984)

I.136 52.248-3 VALUE ENGINEERING--CONSTRUCTION (OCT 2015)

I.137 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY

FOR CONSTRUCTION (FEB 1999)

I.138 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

SECTION J LIST OF ATTACHMENTS

J.1 List of Attachments

SECTION K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

K.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

K.2 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY

FOR CONSTRUCTION (FEB 1999)

K.3 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS

RELATING TO IRAN--REPRESENTATION AND CERTIFICATIONS (AUG 2018)

K.4 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)

K.5 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

K.6 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES

OR EQUIPMENT (DEC 2019)

K.7 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (DEC 2019)

K.8 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (SEP 2007)

K.9 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014)

K.10 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

PAGE 7 OF 77 1333ND20QNB190030

K.11 52.223-1 BIOBASED PRODUCT CERTIFICATION (MAY 2012)

K.12 52.223-4 RECOVERED MATERIAL CERTIFICATION (MAY 2008)

K.13 52.236-28 PREPARATION OF PROPOSALS--CONSTRUCTION (OCT 1997)

K.14 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

SECTION L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

L.2 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

L.3 52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2017)

L.4 52.216-27 SINGLE OR MULTIPLE AWARDS (OCT 1995)

L.5 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY

FOR CONSTRUCTION (FEB 1999)

L.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

L.7 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-REPRESENTATION (NOV

2015)

L.8 52.215-6 PLACE OF PERFORMANCE (OCT 1997)

L.9 52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

L.10 52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

L.11 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT--CONSTRUCTION MATERIALS (MAY 2014)

L.12 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

L.13 52.216-1 TYPE OF CONTRACT (APR 1984)

L.14 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

L.15 Instructions to Offerors

L.16 1352.215-72 INQUIRIES (APR 2010)

SECTION M EVALUATION FACTORS FOR AWARD

M.1 Evaluation Criteria

PAGE 8 OF 77 1333ND20QNB190030

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 Statement of Work

PAGE 9 OF 77 1333ND20QNB190030

Mechanical Construction Indefinite Delivery Indefinite Quantity (IDIQ) Statement of Work (SOW)

Background

The National Institute of Standards and Technology (NIST) Gaithersburg, Maryland campus is a Research and Development facility with 52 buildings located on a 578-acre campus. The majority of the buildings were constructed in the early to late 1960s. There are several buildings that were constructed from the 1990s to the present. The majority of the buildings contain laboratory facilities with specialized environmental and utility systems although there are also administrative and support buildings on campus.

The mission of the Office of Facilities and Property Management (OFPM) is to safely and reliably manage and operate the NIST facilities at the NIST Gaithersburg, MD campus. This includes providing cost-effective and efficient services and infrastructure programs essential for NIST’s operations while ensuring maximum responsiveness to the needs of the NIST technical programs. The OFPM is responsible for facility activities and services including facilities planning and building design, construction, and renovation.

Utilities are typically distributed to the individual buildings by underground piping from an on-campus central utility plant (steam, chilled water, compressed air) or municipal utility (domestic water, natural gas, sanitary sewage). Some services (i.e. vacuum, nitrogen, helium, pure-water, hot water) are generated and distributed at the building level. Piping and associated equipment can date back to original building construction or be a more recent installation.

Building environmental control is typically provided by central air-handling units with a variety of systems used for individual space control. Those systems can include constant- or variable-volume air-handling units with hot deck/cold deck mixing boxes, reheat coils (hot-water, steam, electric), or variable-air-volume boxes (with or without reheat) for space control. Control is provided by a mixture of direct-digital controls (primarily Alerton, Andover, and Siemens) and pneumatic controls.

Construction will be considered “design-bid-build.” Architect/engineering services are not included in this contract.

Scope

Contractor shall provide the necessary supervision, management, personnel, materials, and equipment to perform repairs, renovations, and alterations to facilities and utilities.

Activities may consist of but are not limited to:

PAGE 10 OF 77 1333ND20QNB190030

Demolition, repair, replacement, modification, or addition to hydronic, plumbing, refrigeration, and steam/condensate piping systems including associated equipment.

This may include campus distribution systems as well as building-level systems.

Demolition, repair, replacement, modification, or addition to air-conditioning/distribution and exhaust air systems and associated equipment. Work may include performing air and water balance of systems.

Demolition, repair, replacement, modification, or addition to air-conditioning/distribution control systems including direct-digital, electric, and pneumatic systems.

Demolition, repair, replacement, modification, or addition to fire sprinkler systems Demolition, repair, replacement, modification, or addition to laboratory safety equipment such as safety showers and eye wash stations Maintenance activities for air-conditioning/distribution equipment, exhaust air equipment, hydronic equipment, plumbing equipment, and refrigeration equipment Demolition, repair, replacement, modification, or addition to electrical, communication, and fire detection/alarm systems when associated with work mentioned above Demolition, excavation, repair, replacement, modification, or addition to site and building structures when associated with work mentioned above Hazardous material abatement when associated with work mentioned above Permit applications to regulatory agencies including completing applications from inception

Work will generally be performed in occupied areas and may involve phasing to maintain or limit disturbances to on-going operations. Such restrictions will be identified in the scope of work for the individual task orders. Work shall be performed in accordance with the general requirements listed in the “Guidelines for OFPM Contractors and A/E Firms Performing Site Investigations and Fieldwork (Including Construction) at the National Institute of Standards and Technology, Gaithersburg, MD (June 4, 2018).” Prior to issuance of a notice to proceed for each task order, the contractor shall submit and have approved by NIST a job-specific safety plan with Activity Hazard Analysis (AHA). This plan shall meet the requirements listed in “Safety Procedures (5/13/09).”

Task Orders

Task orders are the individual contract actions to perform work within the structure of this contract. Task orders will vary in size and complexity. A specific scope of work will be issued for each task order. This document will specify the general and specific requirements of the particular task. A pre-proposal site visit will typically be arranged to review the scope of work.

Task order technical evaluation criteria and method will be listed in each task and may be lowest price/technically-acceptable, best-value, or price. Task orders will have a period of performance identified in the scope of work and/or request for proposal (RFP).

PAGE 11 OF 77 1333ND20QNB190030

SECTION E

INSPECTION AND ACCEPTANCE

E.1 Inspection & Acceptance

PAGE 12 OF 77 1333ND20QNB190030

E.2 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

(a) "Definition." "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not--

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer`s written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work.

Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may--

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor;

or

(2) Terminate for default the Contractor`s right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government`s rights under any warranty or guarantee.

(End of Clause)

E.3 1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

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

(b) The place of acceptance will be:

National Institute of Standards and Technology (NIST) 100 Bureau Drive Gaithersburg, MD 20899

(End of clause)

PAGE 13 OF 77 1333ND20QNB190030

SECTION F

DELIVERIES OR PERFORMANCE

F.1 Period of Performance

PAGE 14 OF 77 1333ND20QNB190030

F.2 52.242-14 SUSPENSION OF WORK (APR 1984)

(Reference 52.242-14)

PAGE 15 OF 77 1333ND20QNB190030

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 1352.201-70 CONTRACTING OFFICER?s AUTHORITY (APR 2010)

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

G.2 1352.201-72 CONTRACTING OFFICER`S REPRESENTATIVE (COR) (APR 2010)

(a) CARRIE KELLY 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:

100 Bureau Dr Gaithersburg, MD 20899

Phone Number: 301-975-6914 Email: carrie.kelly@nist.gov

(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.

G.3 1352.216-75 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (APR 2010)

During the term of the contract, the Government shall place orders totaling a minimum of $2,500.00 . The amount of all orders shall not exceed $8,000,000.00 .

G.4 52.232-99 DEV PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS CONTRACTORS (AUG 2012) This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012.

(a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor.

(b) Include the substance of this clause, including paragraph (b), in all subcontracts will small business concerns.

(c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

G.5 NIST LOCAL-40 BILLING INSTRUCTIONS FOR DELIVERY/TASK ORDERS

(a) NIST prefers electronic Invoice/Voucher submissions and they should be emailed to

INVOICE@NIST.GOV.

(b) Each Delivery/Task Order Invoice or Voucher submitted shall include the following: (1) Contract Number; identified in Block 2 of the OF347. (2) Delivery/Task Order number identified in Block

PAGE 16 OF 77 1333ND20QNB190030

3 of the OF347. (3) Contractor Name and Address. (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. (10) Any other information or documentation required by the contract.

(c) In the event electronic submissions are not used, the Contractor shall submit an original invoice or voucher in accordance with paragraph (b) above to the address identified in Block 21 of the OF347.

(END OF CLAUSE)

G.6 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.

PAGE 17 OF 77 1333ND20QNB190030

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 Task Order Solicitation

PAGE 18 OF 77 1333ND20QNB190030

H.2 52.236-8 OTHER CONTRACTS (APR 1984)

(Reference 52.236-8)

H.3 1352.208-70 RESTRICTIONS ON PRINTING AND DUPLICATING (APR 2010)

(a) The contractor is authorized to duplicate or copy production units provided the requirement does not exceed 5,000 production units of any one page or 25,000 production units in the aggregate of multiple pages. Such pages may not exceed a maximum image size of 10-3/4 by 14-1/4 inches. A "production unit" is one sheet, size 8-1/2 x 11 inches (215 x 280 mm), one side only, and one color ink. Production unit requirements are outlined in the Government Printing and Binding Regulations.

(b) This clause does not preclude writing, editing, preparation of manuscript copy, or preparation of related illustrative material as a part of this contract, or administrative duplicating/copying (for example, necessary forms and instructional materials used by the contractor to respond to the terms of the contract).

(c) Costs associated with printing, duplicating, or copying in excess of the limits in paragraph

(a) of this clause are unallowable without prior written approval of the Contracting Officer.

If the contractor has reason to believe that any activity required in fulfillment of the contract will necessitate any printing or substantial duplicating or copying, it shall immediately provide written notice to the Contracting Officer and request approval prior to proceeding with the activity. Requests will be processed by the Contracting Officer in accordance with FAR 8.802.

(d) The contractor shall include in each subcontract which may involve a requirement for any printing, duplicating, and copying in excess of the limits specified in paragraph (a) of this clause, a provision substantially the same as this clause, including this paragraph (d).

H.4 1352.209-71 LIMITATION OF FUTURE CONTRACTING (APR 2010)

(a) The following restrictions and definitions apply to prevent conflicting roles, which may bias the contractor?s judgment or objectivity, or to preclude the contractor from obtaining an unfair competitive advantage in concurrent or future acquisitions.

(1) Descriptions or definitions:

(i) "Contractor" means the business entity receiving the award of this contract, its parents, affiliates, divisions and subsidiaries, and successors in interest.

(ii) "Development" means all efforts towards solution of broadly defined problems. This may encompass research, evaluating technical feasibility, proof of design and test, or engineering of programs not yet approved for acquisition or operation.

(iii) "Proprietary Information" means all information designated as proprietary in accordance with law and regulation, and held in confidence or disclosed under restriction to prevent uncontrolled distribution. Examples include limited or restricted data, trade secrets, sensitive financial information, and computer software; and may appear in cost and pricing data or involve classified information.

(iv) "System" means the system that is the subject of this contract.

(v) "System Life" means all phases of the system?s development, production, or support.

(vi) "Systems Engineering" means preparing specifications, identifying and resolving interface problems, developing test requirements, evaluating test data, and supervising design.

(vii) "Technical Direction" means developing work statements, determining parameters, directing other contractors'' operations, or resolving technical controversies.

(2) Restrictions: The contractor shall perform systems engineering and/or technical direction, but will not have overall contractual responsibility for the system?s development, integration, assembly and checkout, or production. The parties recognize that the contractor shall occupy a highly influential and responsible position in determining the system?s basic concepts and supervising their execution by other contractors. The contractor?s judgment and recommendations must be objective, impartial, and independent. To avoid the prospect of the contractor?s judgment or recommendations being influenced by its own products or capabilities, it is agreed that the contractor is precluded for the life of the system from award of a DOC contract to supply the system or any of its major components, and from acting as a subcontractor or consultant to a DOC supplier for the system or any of its major components.

H.5 1352.209-72 RESTRICTIONS AGAINST DISCLOSURE (APR 2010)

PAGE 19 OF 77 1333ND20QNB190030

(a) The contractor agrees, in the performance of this contract, to keep the information furnished by the Government or acquired/developed by the contractor in performance of the contract and designated by the Contracting Officer or Contracting Officer?s Representative, in the strictest confidence. The contractor also agrees not to publish or otherwise divulge such information, in whole or in part, in any manner or form, nor to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the contractor?

s possession, to those employees needing such information to perform the work described herein, i.e., on a "need to know" basis. The contractor agrees to immediately notify the Contracting Officer in writing in the event that the contractor determines or has reason to suspect a breach of this requirement has occurred.

(b) The contractor agrees that it will not disclose any information described in subsection (a) to any person unless prior written approval is obtained from the Contracting Officer. The contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

H.6 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

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

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

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

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

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

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

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

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

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

PAGE 20 OF 77 1333ND20QNB190030

H.7 1352.228-70 INSURANCE COVERAGE (APR 2010)

(a) Workers Compensation and Employer?s Liability. The contractor is required to comply with applicable federal and state workers'' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer?s liability section of the insurance policy, except when contract operations are so commingled with a contractor?s commercial operations that it would not be practical to require this coverage. Employer?s liability coverage of at least $100,000 shall be required, except in states with exclusive or monopolistic funds that do not permit workers'' compensation to be written by private carriers.

(b) General liability.

(1) The contractor shall have bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(2) When special circumstances apply in accordance with FAR 28.307-2(b), Property Damage Liability Insurance shall be required in the amount of $1,000,000.00 .

(c) Automobile liability. The contractor shall have automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract.

Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

(d) Aircraft public and passenger liability. When aircraft are used in connection with performing the contract, the contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

(e) Vessel liability. When contract performance involves use of vessels, the Contractor shall provide, vessel collision liability and protection and indemnity liability insurance as determined by the Government.

H.8 1352.228-72 DEDUCTIBLES UNDER REQUIRED INSURANCE COVERAGE- FIXED PRICE (APR 2010)

When the Government is injured, wholly or partially as a result of the contractor?s actions and such actions are covered by the insurance required by 1352.228-70, Insurance Coverage, the Government is entitled to recover from the contractor the full amount of any such injury attributable to the contractor regardless of a deductible. The Contracting Officer may offset the amount of recovery against any payment due to the contractor.

H.9 1352.237-71 SECURITY PROCESSING REQUIREMENTS - LOW RISK CONTRACTS (APR 2010)

(a) Investigative Requirements for Low Risk Contracts. All contractor (and subcontractor) personnel proposed to be employed under a Low Risk contract shall undergo security processing by the Department?s Office of Security before being eligible to work on the premises of any Department of Commerce owned, leased, or controlled facility in the United States or overseas, or to obtain access to a Department of Commerce IT system. All Department of Commerce security processing pertinent to this contract will be conducted at no cost to the contractor.

(b) Investigative requirements for Non-IT Service Contracts are:

(1) Contracts more than 180 days - National Agency Check and Inquiries (NACI)

(2) Contracts less than 180 days - Special Agency Check (SAC)

(c) Investigative requirements for IT Service Contracts are:

(1) Contracts more than 180 days - National Agency Check and Inquiries (NACI)

(2) Contracts less than 180 days - National Agency Check and Inquiries (NACI)

(d) In addition to the investigations noted above, non-U.S. citizens must have a background check that includes an Immigration and Customs Enforcement agency check.

PAGE 21 OF 77 1333ND20QNB190030

(e) Additional Requirements for Foreign Nationals (Non-U.S. Citizens). Non-U.S. citizens (lawful permanent residents) to be employed under this contract within the United States must have:

(1) Official legal status in the United States;

(2)…