FormSF1449.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

X

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 60 1333ND24QNB190112

General Information

1. Type of Order:

This is a request services to recycle scrap metals produced on site at National Institute of Standards and Technology (NIST) in Gaithersburg, MD.

2. Contractor’s Point of Contact:

Name:

Phone Number:

Email:

3. NIST Technical Point of Contact:

Name: Michelle Wims Phone Number: (301) 975-3326 Email: michelle.wims@nist.gov

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

Name: Michelle Wims Phone Number: (301) 975-3326 Email: michelle.wims@nist.gov

5. NIST Contract Specialist Name: Sharrion Young-Mosley Phone Number: (303) 479-6906 Email: sharrion.young-mosley@nist.gov

6. NIST Contracting Officer Name: Tony Schmidt Phone Number: (303) 497-3141 Email: tony.schmidt@nist.gov

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

a. ____ Technical Point of Contact /Administrative Officer

b. ____ COR/ACOR

c. __X_ Contracting Officer

8. The contractor should submit invoices to: invoice@nist.gov

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

Base: 09 September 2024 - 8 September 2025

0001 Hauling Rate: $0 The contractor shall reimburse NIST for scrap metal at the current market value.

The Contractor shall perform the service in accordance with the attached PERFORMANCE Work STATEMENT (PWS), Standing Order for roll-off scrap metal pickup service on an "as required" basis.

The dumpsters will be exchanged within 24 hours after call is received. There shall be no cost to the government for dropping/picking-up dumpsters.

PR NUMBER: NB192020-24-00848

DELIVERY DATE: 09/08/2025

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: 09/09/2024 to 09/08/2025

1.00 EA

Option Year 1: 09 September 2025 - 08 September 2026

OPT

1001 Hauling Rate: $0

The contractor shall reimburse NIST for scrap metal at the current market value.

The Contractor shall perform the service in accordance with the attached PERFORMANCE Work STATEMENT (PWS), Standing Order for roll-off scrap metal pickup service on an "as required" basis.

The dumpsters will be exchanged within 24 hours after call is received. There shall be no cost to the government for dropping/picking-up dumpsters.

DELIVERY DATE: 09/08/2026

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

100 BUREAU DRIVE STOP 1640

BUILDING 301 ROOM B129

GAITHERSBURG MD 20899-1640

FOB : Destination Period of Performance: 09/09/2025 to 09/08/2026

Option Year 2: 09 September 2026 - 08 June 2027

2001 Hauling Rate: $0

The contractor shall reimburse NIST for scrap metal at the current market value.

The Contractor shall perform the service in accordance with the attached PERFORMANCE Work STATEMENT (PWS), Standing Order for roll-off scrap metal pickup service on an "as required" basis.

The dumpsters will be exchanged within 24 hours after call is received. There shall be no cost to the government for dropping/picking-up dumpsters.

DELIVERY DATE: 09/08/2027

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

100 BUREAU DRIVE STOP 1640

BUILDING 301 ROOM B129

PAGE 4 OF 60 1333ND24QNB190112

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

GAITHERSBURG MD 20899-1640

FOB : Destination Period of Performance: 09/09/2026 to 09/08/2027

Option Year 3: 09 September 2027 - 08 September 2028

3001 Hauling Rate: $0

The contractor shall reimburse NIST for scrap metal at the current market value.

The Contractor shall perform the service in accordance with the attached PERFORMANCE Work STATEMENT (PWS), Standing Order for roll-off scrap metal pickup service on an "as required" basis.

The dumpsters will be exchanged within 24 hours after call is received. There shall be no cost to the government for dropping/picking-up dumpsters.

DELIVERY DATE: 09/08/2028

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

100 BUREAU DRIVE STOP 1640

BUILDING 301 ROOM B129

GAITHERSBURG MD 20899-1640

FOB : Destination Period of Performance: 07/01/2027 to 06/30/2028

Option Year 4: 09 September 2028 - 08 September 2029

4001 Hauling Rate: $0

The contractor shall reimburse NIST for scrap metal at the current market value.

The Contractor shall perform the service in accordance with the attached PERFORMANCE Work STATEMENT (PWS), Standing Order for roll-off scrap metal pickup service on an "as required" basis.

The dumpsters will be exchanged within 24 hours after call is received. There shall be no cost to the government for dropping/picking-up dumpsters.

DELIVERY DATE: 09/08/2029

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

100 BUREAU DRIVE STOP 1640

BUILDING 301 ROOM B129

GAITHERSBURG MD 20899-1640

FOB : Destination Period of Performance: 09/09/2028 to 09/08/2029

PAGE 5 OF 60 1333ND24QNB190112

Table of Contents

PERFORMANCE WORK STATEMENT

52.202-1DEFINITIONS (JUN 2020)

52.203-7ANTI-KICKBACK PROCEDURES (JUN 2020)

52.204-6 UNIQUE ENTITY IDENTIFIER (OCT 2016)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.204-12 UNIQUE ENTITY IDENTIFIER MAINTENANCE (OCT 2016)

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

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

52.212-4CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

52.244-6SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2023)

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

AGREEMENTS OR STATEMENTS--REPRESENTATION (JAN 2017)

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

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

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

52.204-20PREDECESSOR OF OFFEROR (AUG 2020)

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

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

(NOV 2021)

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

52.204-29FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS--REPRESENTATION AND DISCLOSURES (DEC

2023)

52.204-30FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS--PROHIBITION (DEC 2023)

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-REPRESENTATION (NOV 2015)... 22

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER

ANY FEDERAL LAW (FEB 2016)

52.212-1INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)

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

2023)

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

PRODUCTS AND COMMERCIAL SERVICES (DEC 2023)

52.216-24 LIMITATION OF GOVERNMENT LIABILITY (APR 1984)

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

52.219-1SMALL BUSINESS PROGRAM REPRESENTATIONS (SEP 2023)

52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

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

TO IRAN--REPRESENTATION AND CERTIFICATIONS (JUN 2020)

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)

1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

NIST LOCAL-53CONTRACT PERFORMANCE DURING CHANGES IN NIST OPERATING STATUS

NIST LOCAL-54ELECTRONIC BILLING INSTRUCTIONS

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

Evaluation of Basis of Award

Instructions to Quoters

Wage Determination

PAGE 6 OF 60 1333ND24QNB190112

CLAUSES

PERFORMANCE WORK STATEMENT

PAGE 7 OF 60 1333ND24QNB190112

Recycle Scrap Metal Contract Jan 14, 2024 Attachment IV – Statement of Work, PERFORMANCE WORK STATEMENT (PWS)

BACKGROUND

The National Institute of Standards and Technology (NIST), located in Gaithersburg, MD, has an excess property program responsible for the reuse, recycle and disposition of equipment. This program produces over 500,000 pound of scrap metal each year. The NIST excess program is anticipated to expand in the coming years, with an anticipated increase in scrap of 200,000 to 300,000 pound per year.

OBJECTIVE

NIST requires services to recycle scrap metals produced on the NIST Gaithersburg campus. The objective is the removal, sale, and recycling of scrap metal from the National Institute of Standards and Technology (NIST), 100 Bureau Drive, Gaithersburg, Maryland, 20899.

SCOPE

The contractor shall purchase and recycle 100% of the scrap metal produced, through the NIST excess program, at no cost to the government. The types of scrap metal included in this contract are:

(1) scrap aluminum

(2) stainless steel

(3) light iron

(4) tin

(5) copper

(6) brass

Under the Code of Federal Regulations (CFR) Title 41, Part 102-38, Section 295, NIST has the statutory authority to retain the proceeds from sales of these recyclables. The proceeds from these recyclables shall be mailed as designated in the Payment Terms/Invoicing section of this scope of work.

NIST shall be paid for the proceeds of the scrap metal based on the verifiable current market value for when the metal is weighed.

NIST shall be paid a set percentage based on the value of the metal after the direct and indirect costs have been applied. The agreed upon percentage(s) shall be incorporated into the contract. Proceeds paid to NIST shall be calculated by:

PROCEEDS

PAID TO NIST

= [(weight of scrap metal x current market value) – contractor’s direct & indirect costs] x (percentage paid to NIST)

Direct and Indirect Costs include : container rental hauling fee labor general & administrative (G&A)

Page | 1

PAGE 8 OF 60 1333ND24QNB190112

Recycle Scrap Metal Contract Jan 14, 2024 Attachment IV – Statement of Work, Note: Any direct/indirect costs not indicated above that the contractor determines is applicable, and the Government has determined to be allowable prior to award, will incorporate into the contract at time of award.

The container rental and hauling fee costs shall be a set fee over the duration of the contract, unless otherwise agreed upon through a modification.

The contractor shall provide all personnel, scrap metal roll-off containers, equipment, tools, materials, supervision, licenses, insurance, and other items and services necessary to remove and recycle the scrap metal as defined in this statement of work.

The contractor shall perform to the standards in this contract, and conform to all state, federal, and local laws and regulations in the processing, sale, and recycling/disposal of materials received.

The contractor shall be responsible for maintaining accurate weight records to include date of pick-up, type of scrap, current market value/pound, cost per material, total cost per month and year.

CONTRACT REQUIREMENTS

1. The contractor shall deliver 40-yard roll-off containers, galore boxes, or hoppers to collect the scrap metal to various locations on the NIST Gaithersburg campus. The main locations are near buildings 301 and 309 on the main campus. Additional containers of various sizes may be required at any time during the contract. The contractor shall deliver the requested container within 1-2 business days after request by an authorized NIST personnel.

Additionally, the contractor shall provide, at a minimum 20, 55-gallon metal drums to catch the turnings/shavings from building 304. The contractor shall pick-up and recycle the turnings/shavings and scrap pieces. The turnings/shavings have cutting fluids on the metal. Some of these drums will be sitting on Government catch/drain carts. If the contractor removes the Government catch/drain carts when the drums are removed, the catch/drain carts shall be returned to the NIST campus the same day they are taken and emptied, unless otherwise agreed upon by the Government.

The contractor shall also pick up large-sized scrap metal that do not fit into the containers as required.

2. Within 48 hours of notification by an authorized NIST representative, the contactor shall pick up the full container and/or large-sized scrap metal and deliver an empty container of like size the same day.

Securing the load is the sole responsibility of the contractor. There shall be no cost to the government for the delivery or pick-up of the scrap metal recyclable containers.

The following NIST personnel are authorized to place a call to the contractor for scrap metal pick-up and container exchange. The authorized NIST personnel may change at time throughout the duration of the contract.

Brett Whitworth

Page | 2

PAGE 9 OF 60 1333ND24QNB190112

Attachment IV – Statement of Work, Bruce Connelly Patrick Murphy Michelle Wims – Contracting Officer Representative (COR)

Vehicles used for the removal of scrap metal by the contractor shall comply with all Department of Transportation (DOT) rules and regulations, and must be adequate in configuration so that all property loaded thereon will be confined within the outside dimensions of the vehicle and said materials shall be stacked, tied, or otherwise secured by the Contractor to prevent any portion of said load from being dislodged in any manner while said vehicle is on Government property. The contractor agrees to furnish labels to comply with DOT shipping requirements. It is the sole responsibility of the Contractor to ensure that the containers and equipment are properly loaded on the vehicle in a safe manner.

3. All scrap metal removed from the NIST campus shall be purchased by the contractor and recycled.

There shall be no cost to the government for delivery or pick up of the roll-off containers. A rate for gross tonnage shall be negotiated for comingled scrap metal. For the other kinds of scrap metals, the negotiated rate shall be by pound for each separate kind.

NIST shall be paid for the proceeds of the scrap metal based on the verifiable current market value for when the metal is weighed. NIST shall be paid a set percentage based on the value of the metal. The agreed upon percentage shall be incorporated into the contract.

4. The contractor shall use the scales at their own facility to weigh the scrap metal. NIST does not have access to scales large enough to weigh all the metals generated at NIST. At the discretion of the Government, the COR or appointed NIST personnel, may be present during weighing of metals at the contractor’s facility.

5. The contractor shall provide a copy of the weight records to the NIST contracting officer’s representative (COR) within 14 calendar days after a pickup. The contractor shall submit a quarterly and a yearly summary report. Should a report be needed at an unscheduled time, the contractor shall also provide the report to the COR and/or contracting office.

6. The contractor shall be in compliance with:

a. Appendix A – General Contract Requirements

b. Appendix B – NIST Guidelines for OFPM Contractors

c. Service Contract Act Wage Determination – A new wage determination schedule shall be incorporated on a yearly basis.

7. If the NIST campus is open, the contractor shall perform the services stated herein in accordance to the schedule, unless the COR and the contractor mutually agree upon a modified schedule in light of an emergency situation.

8. All contractor-supplied equipment shall remain the contractor’s property during and subsequent to the contract period. Roll-off containers may be added/removed at any time during the contract.

Page | 3

PAGE 10 OF 60 1333ND24QNB190112

Attachment IV – Statement of Work,

9. The contractor shall remove all containers from NIST before 3:00 p.m. EST, on the last day of the contract.

CONTAINER EXCHANGES

The contractor shall only pick up the scrap metal during regular NIST hours while the campus is open. The contractor shall not be pickup in the event of unplanned closure of the facility due to natural disasters, emergency, or severe weather. Also, there shall be no services on federal holidays:

New Year’s Day Martin Luther King’s Birthday President’s Day Memorial Day Independence Day Labor Day Columbus Day Veteran’s Day Thanksgiving Day Christmas Day

QUALITY ASSURANCE

The contractor shall develop and submit a quality assurance surveillance plan (QASP) with their quote. The final plan will be approved by the Contracting Officer (CO) and COR within 10 business days after award of the contract. The QASP shall address the areas identified in the scope of work described herein, and implement procedures to identify, prevent, and ensure non-recurrence of defective services.

The contractor and the CO shall be informed of all issues affecting the quality of service, which shall include timeliness and effectiveness of corrective actions implemented.

INSPECTION/ACCEPTANCE

The Government reserves the right to inspect and accept the services performed. At the discretion of the COR, the COR will inspect the condition of the containers, and their location as the method of surveillance.

HOURS OF OPERATION:

Normal Hours of Operation. The contractor shall perform the services required under this contract Monday through Friday and as early in the morning as possible after 6:00 AM EST and no later than 2:00 PM EST.

Optimum time is between 6:00 AM EST and 8:00 AM EST.

The contractor shall not have access to NIST employees or to the NIST facilities during federal holidays or when federal facilities are closed due to emergencies or Executive Orders. The contractor must call the NIST status line at 301-975-8000 to determine whether NIST is open before its personnel report to work during national emergencies or during inclement weather.

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PAGE 11 OF 60 1333ND24QNB190112

Attachment IV – Statement of Work, Holidays. Services are not required on federal holidays. The current federal holidays are: New Year’s Day, Martin Luther King’s Birthday, President’s Day, Memorial Day, July 4 th, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, and Christmas Day.

MISCONDUCT OR DISRUPTION OF SERVICES

At any time during the performance period of this contract, the Contracting Officer, COR or Operating Unit (OU) Director may request the contractor employee be immediately removed from the premises if they determine, at their unilateral discretion, that any of the contractor employee’s actions or impaired state to be a disruption to the workforce.

MAINTENANCE OF EQUIPMENT:

1. All equipment shall be maintained in good physical, mechanical, and working condition without rust, damaged seams, tops, or rollers, or leaking hydraulics. All metal containers shall be maintained in a good painted condition.

2. In the case of damaged equipment or equipment determined to be unacceptable by the COR or the contracting officer due to mechanical failure, or sanitary or aesthetic reasons, the contractor shall correct the deficiencies or replace the equipment within twenty-four hours of notification by the COR.

3. Marking of Trucks and Containers. All trucks and containers shall be clearly marked with the contractor’s company name and/or logo. All containers shall be clearly marked with the type of material acceptable.

GOVERNMENT-FURNISHED PROPERTY, MATERIAL, EQUIPMENT, OR INFORMATION (GFP, GFM, GFE, OR GFI)

All property, data and information provided by the Government in the performance of this task remains the property of the Government and shall be surrendered to the government upon completion or termination of this contract. Likewise, all deliverables generated under this requirement remain the property of the Government.

The catch/drain carts as stated under Contract Requirements item #1, are Government issued equipment.

DELIVERABLES

1. QUALITY ASSURANCE SURVEILLANCE PLAN

The contractor shall develop and submit a quality assurance surveillance plan (QASP) with their quote. The final plan will be approved by the Contracting Officer (CO) and COR within 10 business days after award of the contract. The QASP shall address the areas identified in the scope of work described herein, and implement procedures to identify, prevent, and ensure non-recurrence of defective services.

2. QUARTERLY REPORTS

The contractor shall submit quarterly reports to the COR with the total amounts of all types and grades

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PAGE 12 OF 60 1333ND24QNB190112

Attachment IV – Statement of Work, of waste, and recycled materials removed from NIST. The contractor shall use the form in

3. YEARLY REPORTS

The contractor shall submit a yearly report to the COR by January 15 th with dates of pick-up, type of scrap, current market value/pound, cost per material, total cost per month and year.

PLACE OF PERFORMANCE

Roll-off containers and other equipment shall be provided, and scrap metal shall be removed from the following location:

National Institute of Standards and Technology Building 301, 309 and additional buildings as needed 100 Bureau Drive Gaithersburg, Maryland, 20899

PERIOD OF PERFORMANCE

The period of performance is for a FIVE (5) year period. There are no option periods for this contract.

May 1, 2024, through April 30, 2029 (anticipated)

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PAGE 13 OF 60 1333ND24QNB190112

Attachment IV – Statement of Work, PAYMENT TERMS

Under the Code of Federal Regulations (CFR) Title 41, Part 102-38, Section 295, NIST has the statutory authority to retain the proceeds from sales of the scrap metal.

The contractor shall pay NIST within 30 calendar days after pick-up. All payments shall be made payable to:

The National Institute of Standards and Technology

Payments must include a receipt that documents, at a minimum, date of pick-up, type of scrap, weight of each type of scrap, verifiable current market value/pound, direct/indirect costs, and total cost paid to NIST for each type of scrap.

The proceeds from the scrap metal shall be mailed to:

National Institute of Standards and Technology Facilities Services Division, Excess Recyclables Program ATTN: Gail Lantion 100 Bureau Drive, MS 1920 Gaithersburg, Maryland, 20899

APPENDIXES

(1) Appendix A – General Contract Requirements

(2) Appendix B - NIST Guidelines for OFPM Contractors

ATTACHMENTS

(1) Attachment A – Wage Determination Schedule under the Service Contract Act

Page | 7

52.202-1 DEFINITIONS (JUN 2020)

(Reference 52.202-1)

52.203-7 ANTI-KICKBACK PROCEDURES (JUN 2020)

(Reference 52.203-7)

52.204-6 UNIQUE ENTITY IDENTIFIER (OCT 2016)

(Reference 52.204-6)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

(Reference 52.204-7)

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)

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

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023) (Reference 52.212-4)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

(Reference 52.232-39)

52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2023)

(Reference 52.244-6)

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

AGREEMENTS OR STATEMENTS--REPRESENTATION (JAN 2017)

(a) Definition. As used in this provision-- "Internal confidentiality agreement or statement", "subcontract", and "subcontractor", are defined in the clause at 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(b) In accordance with 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), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(c) The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(End of provision)

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

(a) Definition. As used in this provision-- Commercial and Government Entity (CAGE) code means--

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(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

(b) The Offeror shall provide its CAGE code with its offer with its name and location address or otherwise include it prominently in its proposal. The CAGE code must be for that name and location address. Insert the word "CAGE" before the number. The CAGE code is required prior to award.

(c) CAGE codes may be obtained via--

(1) Registration in the System for Award Management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Commercial and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).

(2) The DLA Commercial and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the Offeror does not otherwise register in SAM, an offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at https://cage.dla.mil.

(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an CAGE code by contacting the Codification Bureau in the foreign entity's country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx if the foreign entity's country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus, as well as additional information on obtaining NCAGE codes, are available at http://www.nato.int/structur/AC/135/main/links/contacts.htm.

(d) Additional guidance for establishing and maintaining CAGE codes is available at https:// cage.dla.mil.

(e) When a CAGE code is required for the immediate owner and/or the highest-level owner by Federal Acquisition Regulation (FAR) 52.204-17 or 52.212-3(p), the Offeror shall obtain the respective CAGE code from that entity to supply the CAGE code to the Government.

(f) Do not delay submission of the offer pending receipt of a CAGE code.

(g) If the solicitation includes FAR clause 52.204-2, Security Requirements, a subcontractor requiring access to classified information under a contract shall be identified with a CAGE code on the DD Form 254. The Contractor shall require a subcontractor requiring access to classified information to provide its CAGE code with its name and location address or otherwise include it prominently in the proposal. Each location of subcontractor performance listed on the DD Form 254 is required to reflect a corresponding unique CAGE code for each listed location unless the work is being performed at a Government facility, in which case the agency location code shall be used. The CAGE code must be for that name and location address. Insert the word ''CAGE'' before the number. The CAGE code is required prior to award.

(End of Provision)

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

(a) Definitions. As used in this provision-- Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

(b) The Offeror represents that it has or does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph

(c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates has in paragraph (b) of this provision, enter the following information:

PAGE 15 OF 60 1333ND24QNB190112

Immediate owner CAGE code:

Immediate owner legal name:

(Do not use a doing business as name) Is the immediate owner owned or controlled by another entity?:

[--] Yes or [--] No.

(d) If the Offeror indicates yes in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a doing business as name)

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

(a) Definition. As used in this clause-- Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

(b) Contractors shall ensure that the CAGE code is maintained throughout the life of the contract for each location of contract, including subcontract, performance. For contractors registered in the System for Award Management (SAM), the DLA Commercial and Government Entity (CAGE) Branch shall only modify data received from SAM in the CAGE master file if the contractor initiates those changes via update of its SAM registration. Contractors undergoing a novation or change-of-name agreement shall notify the contracting officer in accordance with subpart 42.12. The contractor shall communicate any change to the CAGE code to the contracting officer within 30 days after the change, so that a modification can be issued to update the CAGE code on the contract.

(c) Contractors located in the United States or its outlying areas that are not registered in SAM shall submit written change requests to the DLA Commercial and Government Entity (CAGE) Branch.

Requests for changes shall be provided at https://cage.dla.mil. Change requests to the CAGE master file are accepted from the entity identified by the code.

(d) Contractors located outside the United States and its outlying areas that are not registered in SAM shall contact the appropriate National Codification Bureau (points of contact available at http://www.nato.int/structur/AC/135/main/links/contacts.htm) or NSPA at https:// eportal.nspa.nato.int/AC135Public/scage/CageList.aspx to request CAGE changes.

(e) Additional guidance for maintaining CAGE codes is available at https://cage.dla.mil.

(f) If the contract includes Federal Acquisition Regulation clause 52.204-2, Security Requirements, the contractor shall ensure that subcontractors maintain their CAGE code(s) throughout the life of the contract.

(End of Clause)

52.204-20 PREDECESSOR OF OFFEROR (AUG 2020)

(a) Definitions. As used in this provision-- Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor

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may vary, depending on State law and specific circumstances. (b) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last three years. (c) If the Offeror has indicated "is" in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ____ (or mark "Unknown").

Predecessor legal name: ____.

(Do not use a "doing business as" name).(End of provision)

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

(a) The Government recognizes that the line items established in this solicitation may not conform to the Offeror's practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.

(b) The Offeror may submit one or more additional proposals with alternative line items, provided that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation.

However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.

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

EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision- Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section;

and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that-- It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable);

or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable);

or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End Of Provision)

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

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry'' have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

PAGE 18 OF 60 1333ND24QNB190112

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c) Representations. (1) The Offeror represents that it [ ] does, [ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ] does, [ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS--REPRESENTATION AND DISCLOSURES (DEC 2023)

(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition.

(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition.

(c) Procedures. (1) The Offeror shall search for the phrase "FASCSA order" in the System for Award Management (SAM)(https://www.sam.gov) for any covered article, or any products…