FormSF1449 1333ND23QNB190002.pdf

RFQ IFB RFP

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODEFACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

17a CONTRACTOR/

OFFEROR.

CODE

8 (A)

SIZE STANDARD:

NAICS:

% FOR:SET ASIDE:UNRESTRICTED OR

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

10. THIS ACQUISITION IS

EDWOSB

SMALL BUSINESS PROGRAM

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

Attachment Page

PAGE 3 OF 54 1333ND23QNB190002

General Information

1. Type of Order:

This is a request for quotation to provide Pop Up food services and catering services for the National Institute of Standards and Technology (NIST) in Gaithersburg, MD in accordance with the statement of work. The Government intends to award a single purchase order for a base period of one year.

Pop Up Food Services Services provided by the Contractor shall be limited to the services identified in the statement of work.

An administration fee for providing Pop Up food service to the NIST Gaithersburg Campus will be firm fixed price. The administration fee will be paid per day of Pop up Food Service. Prices for Pop up food service meals shall be set by contractor and shall be reasonable and appropriate, however they shall not be incorporated into purchase order.

Catering Services Services provided by the Contractor, shall be limited to the items and services identified in the statement of work, and shall be priced. Firm fixed prices shall be incorporated into the billing schedule at the time of award.

The Government will not issue individual orders for each event. Reference the post award ordering procedures in the statement of work.

2. Contractor’s Point of Contact:

Name: (TO BE IDENTIFIED AT THE TIME OF AWARD) Phone Number:

Email:

3. NIST Technical Point of Contact:

Name: (TO BE IDENTIFIED AT THE TIME OF AWARD) Phone Number:

Email:

4. NIST Contracting Officer’s Representative (COR) if Applicable:

Name: (TO BE IDENTIFIED AT THE TIME OF AWARD) Phone Number:

Email:

5. NIST Contract Specialist Name: Laurie Morris Phone Number: 601-818-1509 Email: laurie.morris@nist.gov

6. NIST Contracting Officer Name: Jillian Staskin Phone Number: 267-243-3015 Email: jillian.staskin@nist.gov

7. Designated Government Official (Reference NIST SOP 01-14):

a. ______ Technical Point of Contact /Administrative Officer

b. __X__ COR/ACOR

c. _____ Contracting Officer

Attachment Page

PAGE 4 OF 54 1333ND23QNB190002

8. Extended Test/Acceptance Period: N/A

9. Additional Information:

The Government’s terms and conditions, identified herein, shall be the sole terms and conditions that shall govern this contract.

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Pop-Up Food Service

0001 Administrative Fee to provide Pop-up Food service to the NIST Gaithersburg Campus. Fee will be per day of Food Service.

DELIVERY DATE: 01/17/2023

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

BUILDING 301 SHIPPING AND RECEIVING

100 BUREAU DRIVE

GAITHERSBURG MD 20899-0001

FOB : Destination Period of Performance: 01/17/2023 to 01/16/2024

1.00 LO

Conference Catering

0002 Ad hoc catering services for conferences and meetings

DELIVERY DATE: 01/17/2023

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

BUILDING 301 SHIPPING AND RECEIVING

100 BUREAU DRIVE

GAITHERSBURG MD 20899-0001

FOB : Destination Period of Performance: 01/17/2023 to 01/16/2024

1.00 LO

PAGE 5 OF 54 1333ND23QNB190002

Table of Contents

STATEMENT of WORK

Billing Schedule

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017) 16

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

52.204-12 UNIQUE ENTITY IDENTIFIER MAINTENANCE (OCT 2016)

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

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

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

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

52.212-4CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

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

52.232-1 PAYMENTS (APR 1984)

52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

52.232-11 EXTRAS (APR 1984)

52.232-17 INTEREST (MAY 2014)

52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

52.232-40PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (NOV 2021)

52.233-1 DISPUTES (MAY 2014)

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

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984)

52.242-13 BANKRUPTCY (JUL 1995)

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

1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

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

52.212-5CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (MAY 2022)

52.216-24 LIMITATION OF GOVERNMENT LIABILITY (APR 1984)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

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

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

1352.215-72 INQUIRIES (APR 2010)

1352.228-70 INSURANCE COVERAGE (APR 2010)

1352.233-70 AGENCY PROTESTS (APR 2010)

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS--REPRESENTATION (JAN 2017)

52.204-17OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020)

52.204-24REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

(NOV 2021)

52.204-26COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT 2020)

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-REPRESENTATION (NOV 2015)... 25

52.209-5CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

52.212-3OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY

2022)

52.225-25PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING

TO IRAN--REPRESENTATION AND CERTIFICATIONS (JUN 2020)

52.204-6 UNIQUE ENTITY IDENTIFIER (OCT 2016)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

PAGE 6 OF 54 1333ND23QNB190002

Table of Contents

52.204-16COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

52.212-1INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

Instructions to Quoters

Evaluation - Basis of Award

Wage Determination 15-4269, June 2022

Site Visit

PAGE 7 OF 54 1333ND23QNB190002

CLAUSES

STATEMENT of WORK

PAGE 8 OF 54 1333ND23QNB190002

STATEMENT OF WORK

Food Service

I. Purpose

National Institute of Standards and Technology (NIST) requires food services for NIST employees, associates, and visitors, on-site at the NIST campus in Gaithersburg, MD while the National Institute of Standards and Technology (NIST) cafeteria is under renovation. In addition, Catering services are required for conferences services.

II. Background

The cafeteria and coffee bar located in Building 101 is currently under construction with an expected completion in fall 2023. NIST does not have a “back of house” site. “Back of house” refers to the kitchen, where food and beverage items are prepped, cooked, and stored. Food/beverage preparation cannot be done at the NIST site. The site does not have a kitchen, refrigerator, stove, ice, or the inherent ability to brew coffee.

NIST employees, associates, and visitors have transitioned from a mandatory telework environment to a hybrid work environment. Approximately 2,000 full-time employees and associates are transitioning to a work environment that combines work on-site at the NIST campus and telework.

There is not an incumbent Contractor for this statement of work. NIST’s cafeteria service was contracted to IL Creations of Maryland, prior to closing for renovation. IL Creations provided ad hoc catering service, via the cafeteria, for some on-site NIST events.

In recent months, the Government has been serviced by different food trucks. NIST has 1800-2000 employees and associates on-site daily. Average sale of food trucks is $566.51 per event.

III. General Requirements

Applies to food services for NIST employees, associates, and visitors.

The Contractor shall:

1) Prepare, store, transport, serve, clean up, and remove all food and beverages in accordance with all required laws, regulations, policy, and guidelines to ensure that all beverage items are served hot or cold, as appropriate, and all items are 100% safe for human consumption. Entrees/items shall be served at temperatures compliant with relevant food codes. Beverage items shall be served hot or cold, as appropriate.

2) Prepare, package, and deliver all food products using clean and sanitary conditions. All foods served shall be wholesome and free from spoilage, free from adulteration and misbranding (reference 21 U.S.

Code § 343 and 21 U.S. Code § 342), and safe for human consumption. Uncooked items, such as fresh fruits and vegetables shall be thoroughly cleaned and free from blemishes. All served foods shall be attractive in appearance.

3) Provide a portable hand sink.

4) Be responsible for all set-up, break down, clean up, ensuring that the site is broom swept clean and free of all debris, spots, and trash daily.

5) Any leftover food shall be transported in accordance with Federal Acquisition Regulation (FAR) clause

52.226-6. Any leftover food that cannot be donated in accordance with the clause shall be removed/disposed by the contractor.

6) Provide indoor Pop Up food service.

7) Provide substitutions to accommodate vegan, vegetarian and gluten-free.

PAGE 9 OF 54 1333ND23QNB190002

8) Label all food products with the name of the item and any specific information such as gluten-free, vegan, etc. and/or if there are any allergens (nuts, eggs, etc.)

9) Possess a full understanding of today’s common allergens and food safety guidelines.

10) Provide staff trained in food handling techniques.

11) Designate a point of contact to coordinate food service and catering service.

12) Ability to start providing daily foodservice on 7 days after award of contract.

IV. Specific Requirements for Food Service

Pop-up food services are required for lunch from 11:00am – 2:00pm.

The Contractor shall offer food options, that vary each week and includes local in-season offerings and a variety of multicultural cuisines. The Government requires the following options each week:

- Hot lunch entrée option(s)

- Sandwich option(s)

- Vegetarian/vegan option(s)

- Coffee, decaf, tea, an assortment of soft drinks and bottled water

The Government reserves the right to add breakfast/coffee service between the hours of 7am and 10am on Tuesday, Wednesday, and Thursday. Breakfast/coffee service may include assorted baked goods, jams, fruit, potatoes, eggs, breakfast meats, coffee (regular and decaf), assorted teas, with condiments including, at a minimum, creamer, sugar, and assorted artificial sweeteners. The Government will notify the Contractor that breakfast service shall commence at least two weeks in advance of the intended start date.

At the discretion of the Government and agreement by the Contractor, the Pop-Up restaurant service may be discontinued and converted to pre-ordered group meals.

A. Pop-Up Restaurant Requirements The Contractor shall be on-site in Building 101 of the NIST campus in Gaithersburg, MD, to set-up and serve food items.

The primary location is on the first floor between Lecture Room A and the lobby elevators. The alternate location, if necessary, will be around the corner in the Poster Hallway.

Onsite food service shall be provided on Tuesdays, Wednesdays, and Thursdays between the hours of 11 am and 2 pm.

The Government will provide notice of schedule changes to the Contractor not less than one week in advance.

Food service shall not be provided on federal holidays or if the NIST campus is closed for any reason. Federal holidays are published on the Office of Personnel and Management (OPM) website: https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/. The Contractor shall monitor the NIST website for campus closings https://www.nist.gov/campus-status. Telephone Status update at (301) 975-8000 and (800) 437-4385 (toll free).

The Contractor shall make lunch menus available with food options at least one week in advance. On-line menu access shall be required. Hard copy menus shall include a QR code.

All food options shall be available for “take out” to be picked up by individuals at the NIST site.

The Contractor shall provide an on-line mechanism for NIST employees, associates, and visitors to order food items in advance. The mechanism shall provide an electronic notification to the customer when the order is available for pickup.

The Contractor shall be responsible for monitoring the mechanism and ensure all orders are accurately filled.

The Contractor shall have the ability to accept cash and credit/debit payments on-site.

PAGE 10 OF 54 1333ND23QNB190002

B. Reporting Requirements The Contractor shall provide a sales report daily via emailed to the COR and the CO. The sales report shall include, at a minimum, the total number of sales transactions, the total amount of sales in dollars, and the total number of advanced orders for each day of service.

V. Specific Requirements for Catering Services The Contractor shall provide catering services for NIST events in accordance with the List of Items and Services identified herein. The location for events will be provided by the government.

Catering services provided by the Contractor shall be limited to the items and services identified herein, and shall be priced, based upon prices negotiated between the Government and the Contractor.

The aggregate value of all catering events shall not exceed the amount identified in the line-item schedule for each one-year period.

Ordering Instructions The Government will not issue individual orders for each event. The Government will confirm the total price for each event, prior to authorizing the Contractor to proceed with work.

For each catering order, the NIST Contract Specialist (CS) or Contracting Officer (CO) will email the Contractor, with a cc to the Contracting Officer’s Representative and specify the following, as appropriate:

- The required catering services, in accordance with the menu categories described below;

- The number of attendees;

- The date(s)/time(s) and location for each event;

- Dietary restriction requirements;

- Relevant agenda items for each event; and

- Equipment and service packages that will be required and the length of time each will be needed.

NIST intends to provide a minimum of two weeks’ notice to the Contractor for catering requests, however, the Contractor shall be prepared to confirm pricing and provide catering services in timelines as short as 3-5 business days.

The Contractor shall confirm the total amount of the catering service, based upon the negotiated prices in the contract award, and the information provided by the CS/CO. The Contractor shall email the CS/CO, with a cc to the COR, the total price for catering services. The total price shall be broken down as follows:

- Item name from list of items and services

- Quantity

- Unit Price in accordance with negotiated prices

- Total amount for each item/service

- Total amount for the event.

NIST, as a federal government agency, is tax exempt. Invoices shall not include sales tax.

The CS/CO shall provide written authorization to the Contractor, with a cc to the COR, to proceed with work. No work shall commence on any catering event until NIST, and the Contractor mutually agree on menu items and a schedule of deliverables for each event.

No changes shall be made to any catering event without the prior written concurrence of the Contracting Officer. Changes made without such concurrence shall be made at the Contractor’s sole financial risk.

List of Items and Services

PAGE 11 OF 54 1333ND23QNB190002

Food and Beverage Requirements Continental Breakfast Assorted baked goods, jams, fruit, coffee (regular and decaf), assorted teas with condiments such as creamer, sugar, and assorted artificial sweeteners

Continental Breakfast with hot item options Continental Breakfast with potatoes, eggs, or breakfast meat, coffee (regular and decaf), assorted teas with condiments such as creamer, sugar and assorted artificial sweeteners

Coffee, Tea and Decaf Service Coffee (Regular and Decaf), Assorted Teas, with condiments such as creamer, sugar, assorted artificial sweeteners

AM Coffee Break with Snack options (minimum 5 different snack options)

Coffee, Tea, and Decaf Service with snacks of choice, such as: whole fresh fruit, fruit tray, breakfast bars, hard-boiled eggs, yogurt

PM Coffee Break with Snack options (minimum 5 different snack options)

Coffee, Tea, and Decaf Service with snacks of choice, such as: whole fresh fruit, baked good cookies or brownies, granola bar, bagged chips, vegetable tray with dip

Buffet Lunch options (minimum 4 different options)

Buffet-Style entrée, starch, vegetable or green salad, and bottled beverage assortment

Box Lunch options (minimum 5 different options) Sandwich, wrap, or salad, bag of chips, baked goods such as cookie or brownie, fresh fruit or cut up fruit, and bottled beverage assortment

Assorted bottled beverages Assortment of regular and diet, caffeinated and non-caffeinated beverages

Assorted canned soft drinks Assortment of regular and diet, caffeinated and non-caffeinated beverages

Bottled water Assortment of 16 oz and/or other sizes Assortment of hot and cold reception fare (minimum of 10 options)

An assortment of hot and cold buffet and passed hors d'oeuvres

Fruit Tray Assortment of sliced fruit tray Assorted Fresh Fruit Assortment of whole fruit Vegetarian, vegan and gluten-free options for breakfast, lunch, snacks and reception fare

Assortment of substitutions

Optional Seasonal Menu Assortment of substitutions that utilizes seasonal ingredients

Service Requirements

Delivery Setup and Breakdown -Includes table set-up, placement of food, and trash removal.

-After verification with the NIST COR or Technical Point of Contact, the Contractor shall package and remove all unused food and beverage along with equipment. The Government intends that the Contractor shall remove what they bring at the close of each event.

Attendants to help serve buffet lunch and reception The Contractor shall remove all trash from the meeting site. The Contractor may not have access to NIST-provided dumpsters.

Equipment Requirements

Serving Dishes and Utensils Compostable Paper Goods for all menu items (cups, napkins, plates, stirrers, cutlery, etc.)

Paper or Linen Tablecloths for Serving Tables Hand sanitizing station

PAGE 12 OF 54 1333ND23QNB190002

Décor (centerpieces for tables for VIP events) Trash Cans Recycling bins

VI. COVID-19 Precautions

The NIST campus may, at times, be subject to limited access due to the impact of COVID-19. The Government reserves the right to require all Contractor personnel to complete a personal health screen checklist prior to entering the NIST campus. The vendor shall complete the electronic Personal Health Screening Checklist as appropriate prior to entering campus:

https://www.nist.gov/system/files/documents/2022/09/06/Daily%20Health%20and%20Screening%20Form%20for%20Revision_Aug ust%202022_V6.pdf. (Note: this is a self-screening form which is not collected by the Government)

The Contractor shall comply with all requirements relevant to COVID-19 when working on-site at NIST. The Contractor shall monitor the NIST website for requirements.

VII. Security

Not later than 7 business days after award, the Contractor shall provide the Contracting Officer’s Representative and the Contracting Officer a complete list of personnel who are likely to work on-site when services are provided. This list can be updated periodically at the Contractor’s discretion.

Only personnel on the list will be allowed access to NIST Gaithersburg. Personnel not on the list will be denied access to NIST. NIST shall not be responsible for service delays/interruptions due to personnel being denied access to the facility.

NIST is a restricted campus. An identification badge is required for access for entry into buildings. NIST will provide the contractor with the appropriate form for personnel who will be working on site to request their access badge. Contractor personnel must present current, valid photo identification to obtain an identification badge. Contractor personnel shall wear the identification badge issued by NIST Security while working onsite at NIST.

The Government prefers, but does not require, that Contractor personnel be U.S. Citizens and/or possess a valid green card. Additional security processes are required for individuals who are not U.S. citizens or do not possess a valid green card to gain access to Government facilities. The Contractor shall provide the COR notice a minimum of 30 days whereas any member of the Contractor’s team is not a U.S. Citizen and/or does not possess a green card. This timeline is required to complete the security process.

VIII. Licenses and Permits (State and Local)

The Contractor, including all subcontractors, shall have all business licenses, health permits, food handler's permits, and related documentation as may be required by local or federal law.

IX. Burn Permit (NIST-issued)

If the Contractor will utilize heat or open flame, the NIST Fire Department may require a burn permit be issued. The COR will be responsible for obtaining this permit on the Contractor’s behalf. The Contractor shall have the permit in hand prior to use of heat or open flame.

X. Period Of Performance

The period of performance shall be for a period of one year from the date of award.

PAGE 13 OF 54 1333ND23QNB190002

XI. Invoices The Contractor shall submit a proper invoice in accordance with the Billing Clause incorporated herein. Invoices shall include all information required by the billing clause in addition to the information below.

Please note, Contractor shall submit a separate invoice for each type of service: 1) Pop Up Food Services monthly and 2) Catering Services by event.

Food Services for NIST Employees, Associates and Visitors The Contractor shall submit an invoice monthly for the performance period. The invoice shall include the date of service, type of service (i.e. lunch), and cost.

Catering Services The Contractor shall invoice for each event. The invoice shall include the event date, event name and total amount of the event.

Billing Schedule

PAGE 14 OF 54 1333ND23QNB190002

DESCRIPTION QTY

UNIT OF

ISSUE PRICE

000201 COFFEE & DECAF SERVICE 1 EA

000202

CONTINENTAL BREAKFAST WITH

COFFEE/DECAF/TEA 1 EA

000203

CONTINENTAL BREAKFAST WITH HOT

ITEMS & COFFEE/DECAF/TEA 1 EA

000204

AM COFFEE BREAKS WITH SNACK

OPTIONS (MINIMUM 5 DIFFERENT SNACK

OPTIONS) 1 EA

000205

PM COFFEE BREAKS WITH SNACK

OPTIONS (MINIMUM 5 DIFFERENT SNACK

OPTIONS) 1 EA

000206 BUFFET LUNCH OPTIONS 1 EA

000207 BOX LUNCH OPTIONS 1 EA

000208 ASSORTED BOTTLED BEVERAGES 1 EA

000209 ASSORTED CANNED SOFT DRINKS 1 EA

000210 BOTTLED WATER 1 EA

000211

ASSORTMENT OF HOT AND COLD

RECEPTION FARE (MINIMUM OF 10

OPTIONS) 1 EA

000212 FRUIT TRAY 1 EA

000213 ASSORTED FRESH FRUIT 1 EA

000214

VEGETARIAN, VEGAN, AND GLUTEN

FREE OPTOINS FOR BREAKFAST, LUNCH,

SNACKS AND RECEPTION FARE 1 EA

000215 OPTIONAL SEASONAL MENU 1 EA

000216 DELIVERY 1 LO

000217 SETUP AND BREAKDOWN 1 LO

000218 LABOR 1 EA

000219 HAND SANITIZING STATION 1 EA

BILLING SCHEDULE

LINE ITEM 0001 POP UP FOOD SERVICE

ADMINSTRATIVE FEE

LINE ITEM 0002 CATERING SERVICES

REFERENCE THE STATEMENT OF WORK FOR COMPLETE DESCRIPTIONS OF ITEMS,

EQUIPMENT AND SERVICES

Food and Beverage Requirements

Service Requirements

Equipment Requirements

BASE PERIOD

PAGE 15 OF 54 1333ND23QNB190002

000220 DÉCOR (CENTERPIECES FOR VIP EVENTS 1 EA

000221

PAPER OR LINEN TABLECLOTHS FOR

SERVING TABLES 1 LO

000222 SERVING DISHES AND UTENSILS 1 LO

000223

COMPOSTABLE PAPER GOODS FOR ALL

MENU ITEMS (CUPS, NAPKINS, PLATES,

STIRRERS, CUTLERY ETC.) 1 LO

000224 TRASH CANS 1 EA

000225 RECYCLING BINS 1 EA

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017) (Reference 52.203-19)

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

(Reference 52.204-9)

52.204-12 UNIQUE ENTITY IDENTIFIER MAINTENANCE (OCT 2016)

(Reference 52.204-12)

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

(Reference 52.204-13)

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

(Reference 52.204-18)

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

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

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) (Reference 52.212-4)

52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

(Reference 52.223-6)

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

(Reference 52.229-3)

52.232-1 PAYMENTS (APR 1984)

(Reference 52.232-1)

52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

(Reference 52.232-8)

52.232-11 EXTRAS (APR 1984)

(Reference 52.232-11)

52.232-17 INTEREST (MAY 2014)

(Reference 52.232-17)

52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

(Reference 52.232-23)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

(Reference 52.232-39)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (NOV 2021) (Reference 52.232-40)

52.233-1 DISPUTES (MAY 2014)

(Reference 52.233-1)

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

(Reference 52.233-4)

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984) (Reference 52.237-2)

PAGE 16 OF 54 1333ND23QNB190002

52.242-13 BANKRUPTCY (JUL 1995)

(Reference 52.242-13)

1352.201-70 CONTRACTING OFFICER?s AUTHORITY (APR 2010) (Reference 1352.201-70)

1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

(Reference 1352.209-73)

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

(Reference 1352.233-71)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (MAY 2022)

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

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

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

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

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

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

[Contracting Officer check as appropriate.] X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021)(41 U.S.C. 4704 and 10 U.S.C. 2402).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) [Reserved]

(6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

(10) [Reserved]

(11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).

(12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021)) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C.

657a).

(13) [Reserved] X (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020)) (15 U.S.C. 644).

(ii) Alternate I (MAR 2020) of 52.219-6.

(iii) Alternate II (NOV 2011) of 52.219-6.

(15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020)) (15 U.S.C. 644).

(ii) Alternate I (MAR 2020)) of 52.219-7.

(iii) Alternate II (MAR 2004) of 52.219-7.

X (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

(17)(i) 52.219-9, Small Business Subcontracting Plan (NOV 2021) (15 U.S.C. 637(d)(4)).

PAGE 17 OF 54 1333ND23QNB190002

(ii) Alternate I (JAN 2017) of 52.219-9.

(iii) Alternate II (NOV 2016) of 52.219-9.

(iv) Alternate III (JUN 2020) of 52.219-9.

(v) Alternate IV (SEP 2021) of 52.219-9.

(18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

(ii) Alternate I (MAR 2020) of 52.219-13.

X (19) 52.219-14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 657s).

(20) 52.219-16, Liquidated Damages-Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021)) (15 U.S.C. 657f).

X (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (SEP 2021)) (15 U.S.C.

632(a)(2)).

(ii) Alternate I (MAR 2020) of 52.219-28.

(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (SEP 2021) (15 U.S.C. 637(m)).

(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (SEP 2021) (15 U.S.C. 637(m)).

(25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C.

644(r)).

(26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

X (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

X (28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2022) (E.O.

13126).

X (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

X (30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

(ii) Alternate I (FEB 1999) of 52.222-26.

X (31) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020)(38 U.S.C. 4212).

(ii) Alternate I (JUL 2014) of 52.222-35.

X (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.

793).

(ii) Alternate I (JUL 2014) of 52.222-36.

X (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

X (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

X (35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O.

13627).

(ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

X (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

(37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons

(JUN, 2016) (E.O. 13693).

(39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN, 2016) (E.O. 13693).

(40) (i) 52.223-13, Acquisition of EPEAT(R) -Registered Imaging Equipment(JUN 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (OCT 2015) of 52.223-13.

(41) (i) 52.223-14, Acquisition of EPEAT(R) -Registered Television (JUN 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (JUN 2014) of 52.223-14.

(42) 52.223-15, Energy Efficiency in Energy-Consuming Products(MAY 2020) (42 U.S.C. 8259b).

(43) (i) 52.223-16, Acquisition of EPEAT(R)-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

(ii) Alternate I (JUN 2014) of 52.223-16.

X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

(45) 52.223-20, Aerosols (JUN, 2016) (E.O. 13693).

(46) 52.223-21, Foams (JUN, 2016) (E.O. 13693).

(47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(ii) Alternate I (JAN 2017) of 52.224-3.

(48) 52.225-1, Buy American--Supplies (NOV 2021) (41 U.S.C. chapter 83).

PAGE 18 OF 54 1333ND23QNB190002

(49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (NOV 2021) (41 U.S.C.

chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub.

L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41,112-42, and 112-43).

(ii) Alternate I (JAN 2021) of 52.225-3.

(iii) Alternate II (JAN 2021) of 52.225-3.

(iv) Alternate III (JAN 2021) of 52.225-3.

(50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;

10 U.S.C. 2302 Note).

(53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

(54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

(55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

(56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C.4505, 10 U.S.C.2307(f)).

(57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (58) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (OCT 2018) (31 U.S.C. 3332).

(59) 52.232-34, Payment by Electronic Funds Transfer - Other Than System for Award Management

(JUL 2013) (31 U.S.C. 3332).

(60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

(61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

(62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

(63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

(ii) Alternate I (APR 2003) of 52.247-64.

(iii) Alternate II (NOV 2021) of 52.247-64.

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

[Contracting Officer check as appropriate.] X (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

X (2) 52.222-42, Statement of Equivalent Rates for Federal Hires(MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

X (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -Price Adjustment (Multiple Year and Option Contracts) (AUG 2018)(29 U.S.C. 206 and 41 U.S.C. chapter 67).

X (4)52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

(5)52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C.

chapter 67).

(6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

X (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

(8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

X (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C.

1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or

PAGE 19 OF 54 1333ND23QNB190002

to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

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

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

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

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities(JUN 2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (AUG 2018),(41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O.

13627).

(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) 41 U.S.C.

chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xix) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End Of Clause)

52.216-24 LIMITATION OF GOVERNMENT LIABILITY (APR 1984)

(a) In performing this contract, the Contractor is not authorized to make expenditures or incur obligations exceeding the total contract value.

(b) The maximum amount for which the Government shall be liable if this contract is terminated is the total contract value.

PAGE 20 OF 54 1333ND23QNB190002

(End of Clause)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 5 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 10 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 18 months

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

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/far https://www.acquisition.gov/car

(End of Provision)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/far https://www.acquisition.gov/car

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

(a) TBD 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:

PAGE 21 OF 54 1333ND23QNB190002

Phone Number:

Email:

(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.