FormSF1442.pdf

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Attached to
Install ACU unit in several buildings Federal contract opportunity
Solicitation number
1333ND25RNB190003
Issued by
Department of Commerce National Institute of Standards and Technology

About this file

This is a Request for Proposal (RFP) issued by the National Institute of Standards and Technology (NIST) for construction services to replace Air Handling Units (AHUs) 12, 13, and 14 in Building 226 at the NIST Gaithersburg campus. The solicitation number is 1333ND25RNB190003 and will be awarded as a firm-fixed-price contract.

The work involves replacing the original AHUs from 1965 that are located in the attic of Building 226 and supply conditioned air to environmental chambers. The contract includes duct cleaning, providing a design-build solution for new energy-efficient attic lighting, and handling all HAZMAT remediation. The period of performance is 730 days after Notice to Proceed, with substantial completion required within 180 days of demolition start. Key dates include a pre-proposal site visit on January 15, 2025, questions due by January 22, 2025, and proposals due January 31, 2025 at 2:00 PM EST. Proposals will be evaluated on Technical Approach, Experience, Project Personnel, Past Performance, and Price. The contractor must provide a bid guarantee of 20% of the bid price or $3,000,000, whichever is less. Key personnel requirements include a Project Manager and Construction Superintendent with minimum 5 years relevant experience. This is a small business set-aside under NAICS code 238220 with a size standard of $19 million.

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Other files for this federal contract opportunity

Other files attached to Install ACU unit in several buildings, newest first.
File Type Posted
NIST B226 Replace HVAC 100 Submission Specs.pdf PDF
Guidelines for Contractors and A-E firms - March 11 2024.pdf PDF
Amendment 001.docx DOCX document
RFI Reponses 071723.pdf PDF
Material Inventory.pdf PDF
Guidelines for Contractors and A-E firms - May 25 2022.docx DOCX document
FAQ Response Package 20231129.pdf PDF
OFPM Asbetos-containing-material-master-specs_-05012021_Official.docx DOCX document
PAYNE-NIST Sprayed Coil Liquid Defrost Air Handler SEQUENCE OF OPERATIONS 210112b.pdf PDF
NIST B226 Replace HVAC 100 Submission BOD.pdf PDF
md53 wage rates.txt TXT text file
NIST B226 Replace HVAC Final Submission Dwgs.pdf PDF
Material ID.pdf PDF
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(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)

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. ) BACK

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 B226 ACUs 12, 13, & 14

Construction Services IAW SOW

PR NUMBER: NB195000-25-00006

DELIVERY DATE: 04/27/2027

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

BUILDING 301 SHIPPING AND RECEIVING

100 BUREAU DRIVE

GAITHERSBURG MD 20899-0001

FOB : Destination

1.00 LS

PAGE 3 OF 64 1333ND25RNB190003

Table of Contents

SECTION C DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 Statement of Work

SECTION E INSPECTION AND ACCEPTANCE

E.1 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

E.2 1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

SECTION F DELIVERIES OR PERFORMANCE

F.1 52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

F.2 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

F.3 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

F.4 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 NIST LOCAL-04BILLING INSTRUCTIONS

SECTION H SPECIAL CONTRACT REQUIREMENTS

H.1 1352.208-70 RESTRICTIONS ON PRINTING AND DUPLICATING (APR 2010)

H.2 1352.209-71 LIMITATION OF FUTURE CONTRACTING (APR 2010)

H.3 1352.209-72 RESTRICTIONS AGAINST DISCLOSURE (APR 2010)

H.4 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

H.5 1352.228-70 INSURANCE COVERAGE (APR 2010)

H.6 1352.228-72 DEDUCTIBLES UNDER REQUIRED INSURANCE COVERAGE- FIXED PRICE (APR 2010)

H.7 1352.237-71 SECURITY PROCESSING REQUIREMENTS - LOW RISK CONTRACTS (APR 2010)

H.8 1352.237-75 KEY PERSONNEL (APR 2010)

SECTION I CONTRACT CLAUSES

I.1 52.202-1DEFINITIONS (JUN 2020)

I.2 52.203-3 GRATUITIES (APR 1984)

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

I.4 52.203-6RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN 2020)

I.5 52.203-7ANTI-KICKBACK PROCEDURES (JUN 2020)

I.6 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (MAY

2014)

I.7 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

I.8 52.203-12LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN 2020)

I.9 52.203-13CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (NOV 2021)

I.10 52.203-17CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS (NOV 2023)

I.11 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS

(JAN 2017)

I.12 52.204-4{52.204-4} [RESERVED]

I.13 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

I.14 52.204-10REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (JUN 2020)

I.15 52.204-13SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

I.16 52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS (OCT 2016)

I.17 52.204-18COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

I.18 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

I.19 52.204-23PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED

BY KASPERSKY LAB COVERED ENTITIES (DEC 2023)

PAGE 4 OF 64 1333ND25RNB190003

I.20 52.204-25PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT (NOV 2021)

I.21 52.209-6PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (NOV 2021)

I.22 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) 22

I.23 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015)

I.24 52.215-2AUDIT AND RECORDS--NEGOTIATION (JUN 2020)

I.25 52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)

I.26 52.215-10 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA (AUG 2011)

I.27 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

I.28 52.219-8UTILIZATION OF SMALL BUSINESS CONCERNS (FEB 2024)

I.29 52.219-28POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (FEB 2024)

I.30 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)

I.31 52.222-3 CONVICT LABOR (JUN 2003)

I.32 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS --OVERTIME COMPENSATION (MAY 2018)

I.33 52.222-5 Construction Wage Rate Requirements Secondary Site of the Work (May 2014)

I.34 52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS (AUG 2018)

I.35 52.222-7 WITHHOLDING OF FUNDS (MAY 2014)

I.36 52.222-8PAYROLLS AND BASIC RECORDS (JUL 2021)

I.37 52.222-9 APPRENTICES AND TRAINEES (JUL 2005)

I.38 52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)

I.39 52.222-11 SUBCONTRACTS (LABOR STANDARDS) (MAY 2014)

I.40 52.222-12 CONTRACT TERMINATION--DEBARMENT (MAY 2014)

I.41 52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND RELATED REGULATIONS (MAY

2014)

I.42 52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

I.43 52.222-15 CERTIFICATION OF ELIGIBILITY (MAY 2104)

I.44 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

I.45 52.222-26 EQUAL OPPORTUNITY (SEPT 2016)

I.46 52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (APR 2015)

I.47 52.222-35EQUAL OPPORTUNITY FOR VETERANS. (JUN 2020)

I.48 52.222-36EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020)

I.49 52.222-37EMPLOYMENT REPORTS ON VETERANS (JUN 2020)

I.50 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010). 23

I.51 52.222-50COMBATING TRAFFICKING IN PERSONS (NOV 2021)

I.52 52.222-54EMPLOYMENT ELIGIBILITY VERIFICATION (MAY 2022)

I.53 52.222-55MINIMUM WAGES FOR CONTRACTOR WORKERS UNDER EXECUTIVE ORDER 14026. (JAN 2022)

I.54 52.222-62PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2022)

I.55 52.223-2REPORTING OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (MAY 2024)..23

I.56 52.223-5POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2024)

I.57 52.223-6{52.223-6} [RESERVED]

I.58 52.223-18{52.223-18} [RESERVED]

I.59 52.225-13RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2021)

I.60 52.227-1AUTHORIZATION AND CONSENT (JUN 2020)

I.61 52.227-2NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (JUN 2020)

I.62 52.227-4 PATENT INDEMNITY--CONSTRUCTION CONTRACTS (DEC 2007)

I.63 52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)

I.64 52.228-5 INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

I.65 52.228-11INDIVIDUAL SURETY--PLEDGE OF ASSETS (FEB 2021)

I.66 52.228-12PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS (DEC 2022)

I.67 52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)

PAGE 5 OF 64 1333ND25RNB190003

I.68 52.228-15PERFORMANCE AND PAYMENT BONDS--CONSTRUCTION (JUN 2020)

I.69 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)

I.70 52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014)

I.71 52.232-17 INTEREST (MAY 2014)

I.72 52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

I.73 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2017)

I.74 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

I.75 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

I.76 52.232-40PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (MAR 2023)

I.77 52.233-1 DISPUTES (MAY 2014)

I.78 52.233-3 PROTEST AFTER AWARD (AUG 1996)

I.79 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

I.80 52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

I.81 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)

I.82 52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

I.83 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

I.84 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

I.85 52.236-8 OTHER CONTRACTS (APR 1984)

I.86 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS

(APR 1984)

I.87 52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)

I.88 52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)

I.89 52.236-12 CLEANING UP (APR 1984)

I.90 52.236-13 ACCIDENT PREVENTION (NOV 1991)

I.91 52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)

I.92 52.236-17 LAYOUT OF WORK (APR 1984)

I.93 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)

I.94 52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

I.95 52.242-13 BANKRUPTCY (JUL 1995)

I.96 52.242-14 SUSPENSION OF WORK (APR 1984)

I.97 52.243-4 CHANGES (JUN 2007)

I.98 52.244-6SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (FEB 2024)

I.99 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

I.100 52.247-26 GOVERNMENT DIRECTION AND MARKING (APR 1984)

I.101 52.248-3VALUE ENGINEERING--CONSTRUCTION (OCT 2020)

I.102 52.249-2 I TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR 2012)-- ALTERNATE

I (SEP 1996)

I.103 52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)

I.104 52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

I.105 52.225-9BUY AMERICAN--CONSTRUCTION MATERIALS (OCT 2022)

I.106 52.225-20 PROHIBITION ON CONDUCTING RESTRICTED BUSINESS OPERATIONS IN SUDAN--CERTIFICATION (AUG

2009)

I.107 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

I.108 52.236-4 PHYSICAL DATA (APR 1984)

I.109 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

I.110 NIST LOCAL-53CONTRACT PERFORMANCE DURING CHANGES IN NIST OPERATING STATUS

I.111 NIST LOCAL-56INVOICING PROCESSING PLATFORM-ALTERNATE I (DEC 2022)

SECTION J LIST OF ATTACHMENTS

J.1 Attachments

J.2 Past Performance Questionnaire

PAGE 6 OF 64 1333ND25RNB190003

J.3 Project Data Sheet

SECTION K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

K.1 52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

K.2 52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

K.3 52.236-28 PREPARATION OF PROPOSALS--CONSTRUCTION (OCT 1997)

K.4 52.252-5AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

K.5 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

K.6 52.204-8ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2024)

K.7 52.204-24REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (NOV 2021)

K.8 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

K.9 52.215-1INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (NOV 2021)

K.10 52.216-1 TYPE OF CONTRACT (APR 1984)

K.11 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY

FOR CONSTRUCTION (FEB 1999)

K.12 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT--CONSTRUCTION MATERIALS (MAY 2014)

K.13 52.228-1 BID GUARANTEE (SEP 1996)

K.14 52.228-17INDIVIDUAL SURETY--PLEDGE OF ASSETS (BID GUARANTEE) (FEB 2021)

K.15 52.233-2 SERVICE OF PROTEST (SEP 2006)

K.16 52.236-27 I SITE VISIT (CONSTRUCTION) (FEB 1995)--ALTERNATE I (FEB 1995)

K.17 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

K.18 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

K.19 1352.215-72 INQUIRIES (APR 2010)

K.20 1352.215-76 COST OR PRICING DATA (APR 2010)

SECTION L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 Instructions to Offorers

SECTION M EVALUATION FACTORS FOR AWARD

M.1 Evaluation Factors for Award

PAGE 7 OF 64 1333ND25RNB190003

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 Statement of Work

PAGE 8 OF 64 1333ND25RNB190003

226 – ACUs 12, 13, & 14

226 – ACUs 12, 13, & 14 November 29, 2023

Statement of Work (SOW)

PART 1 - Background

PART 2 - The NIST Gaithersburg site is a 578-acre research campus containing over 2.5 million gross square feet of research, office, and support space. As a part of General-Purpose Laboratories (GPL) Buildings, 226 is called “Building Research” Building. Air Handling Units (AHU’s) 12, 13 & 14 are original to the building (circa 1965) and are much older than their rated life. These AHU’s are in attic of Bldg. 226 and supply conditioned air to environmental chambers.

These AHU’s have been repaired and serviced regularly, but major repairs are needed to replace corroded components of the AHU’s. These systems have had chronic issues that have significantly impacted the safety of staff and equipment, as well as the ability to conduct research. The most critical safety issues associated with this aged equipment are the significant water leaks that have occurred multiple times over the past decades, posing a risk of to those labs as well as to the floors beneath them. In addition to the safety issues, the fans and pumps that are used in these systems are inefficient, unreliable, and frequently require maintenance that disrupts experimentation. Using this equipment requires our staff to diagnose and repair the systems in the attic of Bldg. 226. Furthermore, the controls are not well suited for stable operating conditions, which require staff to continually monitor experiments to ensure that test conditions do not deviate from their set points. Complete replacement of these AHU’s and their associated controls is the requirement.

PART 3 - Scope

A. Construct contract per the drawings and specifications.

1. Replace AHU’s 12, 13, and 14, to include DUCT CLEANING.

2. Provide Design-Build solution for new, energy efficient replacement Attic Lighting.

3. All HAZMAT is the responsibility of the contractor.

B. Attachments:

1. Guidelines for Contractors and A-E firms – March 11, 2024

2. Wage Determination

3. FAQ Response Package 20231129

a. RFI Reponses 071723

b. 226 ACU 12, 13, 14 Ductwork

PAGE 9 OF 64 1333ND25RNB190003

226 – ACUs 12, 13, & 14

c. Material Inventory

d. Material ID

4. OFPM Asbestos-Containing-Material-Master-Specs-05012021

5. Payne-NIST Sprayed Coil Liquid Defrost Air Handler Sequence of Operations 210112b

6. NIST B226 Replace HVAC - Final Submission Dwgs

7. NIST B226 Replace HVAC - 100% Submission Specs

8. NIST B226 Replace HVAC - 100% Submission BOD

Deliverable Schedule

Delivera ble

Description Quantity/Media Date Completed

1 Contractor Badge Application (NAIS) – Green.

Contractor Badge Application - Yellow

Every onsite contract employee

Completed forms, or Electronic PDF submission via

NFILES

Within 14 days of contract award

2 Contractor activity hazard analysis (job specific health and safety plan)

Electronic PDF submission

Within 14 days of award

3 Contractor Security Plan Electronic PDF submission

Within 30 days of award

4 Contract material (specification) submittals

Electronic PDF submission

Within 21 days of

NTP

5 All remaining contract submittals

Electronic PDF submission

Within 28 days of

NTP

PAGE 10 OF 64 1333ND25RNB190003

PART 4 - Security

All contract employees are required to obtain badging for this contract. A combination of badge types is anticipated. Contractor shall plan for up to 2 full days per employee to apply for and collect badges, and a third (3rd) day for supervisors and others that can serve as Escorts.

Definitions:

Paper Badge (Sticker) – Visitor Pass

• The paper badge looks and functions like a sticker, with the person’s name, photo, and visit dates. It does not allow electronic access to any door and/or gate. The same visitor can only come to the campus a maximum of 10 days in a 365-day period using a paper badge.

Limited Access Pass - Yellow Badge (Hard Plastic)

Associates and contractors may be issued a Limited Access Pass for entry on to NIST campus. A federal employee must sponsor an individual for a Limited Access Pass. This requires the sponsor to submit a DN-52 on behalf of the intended recipient for an NCIC Check

Allows 179-day access in a two-year period.

Site Access Card (Site Badge) (GREEN)

A Green Badge for longer than 180 days requires a Tier-1 investigation., National Agency Check with Inquiries (NACI) Application , Successful submission of fingerprints, Successful submission of eQIP.

o The SF-85 Form highlights the information that will be required for eQIP

PART 5 - SPECIAL REQUIREMENTS

1) Prime Contractor shall employ a Superintendent, with decision making authority, to be always on site whenever work is being performed.

a) Provide verification of employment with Prime Contractor

2) An Q&A package is available to clarify some questions.

PART 6 - Place of Performance Gaithersburg, MD – NIST

PART 7 - Period of Performance The period of performance shall be 730 days after Notice to Proceed.

From first day of demolition to substantial completion shall be no more than 180 days; contractor shall plan accordingly.

PAGE 11 OF 64 1333ND25RNB190003

PART 8 - PART 8 - Asbestos Asbestos abatement shall be the responsibility of the general contractor. All areas of HAZMAT concern shall be identified by the contractor at the pre-bid walkthrough and tested by NIST Industrial Hygienist (IH). The government will provide test results in approximately seven (7) business days or calendar days, which will allow the general contractor time to price remediation efforts prior to proposal submittal.

END OF SOW

PAGE 12 OF 64 1333ND25RNB190003

SECTION E

INSPECTION AND ACCEPTANCE

E.1 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

(Reference 52.246-12)

E.2 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 64 1333ND25RNB190003

SECTION F

DELIVERIES OR PERFORMANCE

F.1 52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

(Reference 52.211-18)

F.2 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

(Reference 52.236-15)

F.3 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to

(a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed,

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than 730 The time stated for completion shall include final cleanup of the premises.

(End of Clause)

F.4 52.242-14 SUSPENSION OF WORK (APR 1984)

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted

(1) by an act of the Contracting Officer in the administration of this contract, or

(2) by the Contracting Officer`s failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed--

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

PAGE 14 OF 64 1333ND25RNB190003

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) Drew Comley 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 Drive Building 301, Room B172 Gaithersburg, MD 20899

Phone Number: 301-975-6178 Email: drew.comley@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 NIST LOCAL-04 BILLING INSTRUCTIONS

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

INVOICE@NIST.GOV.

(b) Each Invoice or Voucher submitted shall include the following: (1) Contract Number. (2) Contractor Name and Address. (3) Date of Invoice. (4) Invoice Number. (5) Amount of Invoice and Cumulative Amount Invoiced to-date. (6) Contract Line Item Number (CLIN). (7) Description, Quantity, Unit of Measure, Unit Price, and Extended Price of Supplies/Services Delivered. (8) Prompt Payment Discount Terms, if Offered. (9) 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 the payment provisions of this contract to:

NIST: Accounts Payable Office 100 Bureau Drive, Mail Stop 1621 Gaithersburg, MD 20899-1621

PAGE 15 OF 64 1333ND25RNB190003

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 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.2 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.3 1352.209-72 RESTRICTIONS AGAINST DISCLOSURE (APR 2010)

(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

PAGE 16 OF 64 1333ND25RNB190003

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.4 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 17 OF 64 1333ND25RNB190003

H.5 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 $500,000.00 .

(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.6 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.7 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.

(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;

PAGE 18 OF 64 1333ND25RNB190003

(2) Continuously resided in the United States for the last two years; and

(3) Obtained advance approval from the servicing Security Officer in consultation with the Office of Security headquarters.

(f) DOC Security Processing Requirements for Low Risk Non-IT Service Contracts. Processing requirements for Low Risk non-IT Service Contracts are as follows:

(1) Processing of a NACI is required for all contract employees employed in Low Risk non-IT service contracts for more than 180 days. The Contracting Officer?s Representative (COR) will invite the prospective contractor into e-QIP to complete the SF-85. The contract employee must also complete fingerprinting.

(2) Contract employees employed in Low Risk non-IT service contracts for less than 180 days require processing of Form OFI-86C Special Agreement Check (SAC), to be processed. The Sponsor will forward a completed Form OFI-86C, FD-258, Fingerprint Chart, and Credit Release Authorization to the servicing Security Officer, who will send the investigative packet to the Office of Personnel Management for processing.

(3) Any contract employee with a favorable SAC who remains on the contract over 180 days will be required to have a NACI conducted to continue working on the job site.

(4) For Low Risk non-IT service contracts, the scope of the SAC will include checks of the Security/Suitability Investigations Index (SII), other agency files (INVA), Defense Clearance Investigations Index (DCII), FBI Fingerprint (FBIF), and the FBI Information Management Division

(FBIN).

(5) In addition, for those individuals who are not U.S. citizens (lawful permanent residents), the Sponsor may request a Customs Enforcement SAC on Form OFI-86C, by checking Block #7, Item I. In Block 13, the Sponsor should enter the employee?s Alien Registration Receipt Card number to aid in verification.

(6) Copies of the appropriate forms can be obtained from the Sponsor or the Office of Security.

Upon receipt of the required forms, the Sponsor will forward the forms to the servicing Security Officer. The Security Officer will process the forms and advise the Sponsor and the Contracting Officer whether the contract employee can commence work prior to completion of the suitability determination based on the type of work and risk to the facility (i.e., adequate controls and restrictions are in place). The Sponsor will notify the contractor of favorable or unfavorable findings of the suitability determinations. The Contracting Officer will notify the contractor of an approved contract start date.

(g) Security Processing Requirements for Low Risk IT Service Contracts. Processing of a NACI is required for all contract employees employed under Low Risk IT service contracts.

(1) Contract employees employed in all Low Risk IT service contracts will require a National Agency Check and Inquiries (NACI) to be processed. The Contracting Officer?s Representative (COR) will invite the prospective contractor into e-QIP to complete the SF-85. Fingerprints and a Credit Release Authorization must be completed within three working days from start of work, and provided to the Servicing Security Officer, who will forward the investigative package to OPM.

(2) For Low Risk IT service contracts, individuals who are not U.S. citizens (lawful permanent residents) must undergo a NACI that includes an agency check conducted by the Immigration and Customs Enforcement Service. The Sponsor must request the ICE check as a part of the NAC.

(h) Notification of Disqualifying Information. If the Office of Security receives disqualifying information on a contract employee, the Sponsor and Contracting Officer will be notified. The Sponsor shall coordinate with the Contracting Officer for the immediate removal of the employee from duty requiring access to Departmental facilities or IT systems. Contract employees may be barred from working on the premises of a facility for any of the following reasons:

(1) Conviction of a felony crime of violence or of a misdemeanor involving moral turpitude.

(2) Falsification of information entered on security screening forms or of other documents submitted to the Department.

(3) Improper conduct once performing on the contract, including criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct or other conduct prejudicial to the Government regardless of whether the conduct was directly related to the contract.

(4) Any behavior judged to pose a potential threat to Departmental information systems, personnel, property, or other assets.

(i) Failure to comply with security processing requirements may result in termination of the contract or removal of contract employees from Department of Commerce facilities or denial of access to IT systems.

(j) Access to National Security Information. Compliance with these requirements shall not be construed as providing a contract employee clearance to have access to national security information.

(k) The contractor shall include the substance of this clause, including this paragraph, in all subcontracts.

PAGE 19 OF 64 1333ND25RNB190003

H.8 1352.237-75 KEY PERSONNEL (APR 2010)

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

Project Manager Construction Superintendent

(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 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.

PAGE 20 OF 64 1333ND25RNB190003

SECTION I

CONTRACT CLAUSES

I.1 52.202-1 DEFINITIONS (JUN 2020)

(Reference 52.202-1)

I.2 52.203-3 GRATUITIES (APR 1984)

(Reference 52.203-3)

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

(Reference 52.203-5)

I.4 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN 2020)

(Reference 52.203-6)

I.5 52.203-7 ANTI-KICKBACK PROCEDURES (JUN 2020)

(Reference 52.203-7)

I.6 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014) (Reference 52.203-8)

I.7 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014) (Reference 52.203-10)

I.8 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN 2020) (Reference 52.203-12)

I.9 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (NOV 2021)

(Reference 52.203-13)

I.10 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS (NOV 2023)

(Reference 52.203-17)

I.11 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS

(JAN 2017)

(Reference 52.203-19)

I.12 52.204-4 {52.204-4} [RESERVED]

(Reference 52.204-4)

I.13 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

(Reference 52.204-9)

I.14 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (JUN 2020) (Reference 52.204-10)

I.15 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

(Reference 52.204-13)

I.16 52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS (OCT 2016)

(Reference 52.204-14)

I.17 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

(Reference 52.204-18)

I.18 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) (Reference 52.204-19)

I.19 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED

BY KASPERSKY LAB COVERED ENTITIES (DEC 2023)

(Reference 52.204-23)

PAGE 21 OF 64 1333ND25RNB190003

I.20 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT (NOV 2021)

(Reference 52.204-25)

I.21 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (NOV 2021)

(Reference 52.209-6)

I.22 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) (Reference 52.209-9)

I.23 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015) (Reference 52.209-10)

I.24 52.215-2 AUDIT AND RECORDS--NEGOTIATION (JUN 2020)

(Reference 52.215-2)

I.25 52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)

(Reference 52.215-8)

I.26 52.215-10 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA (AUG 2011) (Reference 52.215-10)

I.27 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

(Reference 52.215-19)

I.28 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (FEB 2024)

(Reference 52.219-8)

I.29 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (FEB 2024)

(Reference 52.219-28)

I.30 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)

(Referenc…

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