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 28 1333ND26QNB640602

(I) This is a solicitation for commercial products or commercial services prepared in accordance with the format in part 12 - Acquisition of Commercial Products and Commercial Services as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

(II) The solicitation number is [1333ND26QNB640602] and this solicitation is a Request for

Quotation (RFQ). This acquisition is being solicited as a brand name only.

Brand name only justification: NIST is expanding and upgrading its current Living Measurement

Systems Foundry (LMSF) to double the LMSF's capacity by procuring "functional clones" of the existing automation system for microbial culture preparation, growth, and measurement and the existing high-throughput flow cytometry system for high-dimensional microbial measurements. A critical component of the Government's current need is that new systems and instruments operate with identical principles of operation, methods, and data analyses, to within manufacturing tolerances. This requirement is driven by a need for ongoing, high-priority measurement projects to be rapidly bridged between the "functional clone" systems without a need to spend time and resources re-characterizing the sources and magnitudes of measurement uncertainty that arise from measurement system operations.

The data measured by a flow cytometer is intrinsically dependent on multiple instrument design and operation parameters including sample flow path design; laser wavelength, power, and focusing; excitation and emission filter design and light-path placement; detector technology

(photomultiplier tube/PMT, avalanche photodiode/APD, charge-coupled device/CCD), light-path placement and digital encoding; etc. Each parameter contributes a unique source of uncertainty in the resulting measurements derived from the measured data. LMSF's existing Attune flow cytometry system has been in use for approximately 10 years, over which time, its measurement uncertainties have become well understood. Procuring any high-throughput flow cytometry system other than a

ThermoFisher Scientific brand-name Attune NxT and CytKick Max autosampler will not meet the

Government's current need for expanding the Living Measurement Systems Foundry with instruments can be used interchangeably for ongoing measurements.

(III) The solicitation document and incorporated provisions and clauses are those in effect through the

Revolutionary FAR Overhaul (RFO), supplemented by Department of Commerce Acquisition Policy.

(IV) The associated North American Industry Classification System (NAICS) code for this procurement is NAICS # 334516 – Analytical Laboratory Instrument Manufacturing, with a Small

Business Size Standard of 1,000 employees.

(V) All quoters shall provide a firm-fixed-price quotation for the following line item(s):

Contract Line-Item Number

(CLIN)

QTY UNIT UNIT PRICE APPLICABLE

DISCOUNTS

TOTAL

CLIN 0001 – Thermo Scientific

Attune NXT Flow Cytometer system IAW Attachment #1

Statement of Requirement, inclusive of shipping/delivery, installation, training, and initial warranty, as applicable.

1 Each

Attune Flow Cytometer and CytKick Autosampler

PAGE 4 OF 28 1333ND26QNB640602

CLIN 0002 – Option Year 1 of

Service/Maintenance Agreement

IAW Attachment #1 Statement of

Requirement.

1 Year

CLIN 0003 – Option Year 2 of

Service/Maintenance Agreement

IAW Attachment #1 Statement of

Requirement.

1 Year

CLIN 0004 – Option Year 3 of

Service/Maintenance Agreement

IAW Attachment #1 Statement of

Requirement.

1 Year

TOTAL:

(VI) The requirements for the line items to be acquired above are in the attached Statement of

Requirement document.

Attachment #1: Statement of Requirement

Attachment #2: Applicable Provisions and Clauses

(VII) Date(s) and place(s) of delivery and acceptance and FOB point are required in accordance with the attached Statement of Requirement document.

(VIII) Quoters/Contractors must possess an ACTIVE registration in the System for Award

Management system, www.SAM.gov, when submitting a quotation and shall continue to be registered until time of award, during performance, and through final payment of any contract resulting from this solicitation. The Contracting Officer shall confirm that quoters have an “active” registration at the www.sam.gov website upon receipt of the quotation. If the SAM.gov registration is not active, the quotation will not be considered for award

(IX) The provision at FAR 52.212-1, Instructions to Quoters—Commercial Products and Commercial

Services (DEVIATION Jan 2026), applies to this acquisition. See Addendum to FAR 52.212-1 below.

Addendum to FAR 52.212-1, Instructions to Quoters – Commercial Products and

Commercial Services (DEVIATION Jan 2026):

DUE DATE FOR QUOTATIONS

Quoters shall submit their electronic quotations, via email, so that NIST receives them not later than

9:00AM Eastern Time, 9/25/2026. E-mail quotations shall be submitted directly to the Contracting

Officer at Sadaf.Afkhami@nist.gov.

Please reference the RFQ number in the subject line of all email communications. Quotations shall not be deemed received by the Government until the quotation is received in the e-mail inbox set forth above.

PAGE 5 OF 28 1333ND26QNB640602

INQUIRIES:

Quoters must submit all questions concerning this solicitation in writing to the Contracting Officer, Sadaf Afkhami at Sadaf.Afkhami@nist.gov. Questions should be received no later than 9:00AM

Eastern Time, 9/17/2026. All responses to timely submitted questions, will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, only the responses included in the amendment to the solicitation will be deemed as the Government’s formal response and govern performance of the contract.

QUOTATION PREPARATION INSTRUCTIONS:

All quotations shall conform to solicitation provisions/clauses and be prepared in accordance with this section. The quotation shall be clearly and concisely written as well as be neat and logically assembled. All pages of the quotation shall be appropriately numbered.

The quotation shall be clearly divided into the following distinct volumes:

Volume I – Technical Quotation

Volume II – Price Quotation

Volume III- Terms and Conditions

Volume I - Technical Quotation:

The quoter shall submit one (1) copy of their technical quotation, electronically, via E-mail to the

Contracting Officer identified above. The technical quotation shall address the following:

Technical Capability:

a) Technical description and/or product literature of brand name equipment. Quoters shall include the manufacturer, make and model of the product, manufacturer sales literature, or other product literature that CLEARLY DOCUMENTS that the quoted products meet or exceed all specifications outlined in the Statement of Requirement. The quoter is responsible for ensuring the submitted documentation clearly addresses all specifications and requirements.

b) Country of origin of all manufactured end products quoted.

c) If applicable, the quoter must provide evidence that the quoter is an authorized reseller of the manufacturer and is permitted to sell the item(s) in the quotation.

d) Confirmation of the quoter’s ability to meet the required delivery terms and delivery timelines.

e) Confirmation of the quoter’s ability to meet any applicable installation, training, and/or warranty requirements.

Volume II - Price Quotation:

The quoter shall submit one (1) copy of their entire quotation, electronically, via E-mail to the

Contracting Officer identified above. The price quotation shall address, at minimum, the following information.

a) The solicitation number.

b) The name, phone number, and email address of the quoter's/contractor’s point of contact.

c) Unique Entity Identifier # for quoter's/contractor’s active SAM.Gov registration.

PAGE 6 OF 28 1333ND26QNB640602

d) A firm fixed price for each required line item, including a unit price and total amount where applicable, and the aggregate quoted firm fixed price for the requirement. Where the

Government has identified a line item as requiring a Not to Exceed price, quoters shall comply with this.

e) Shipping and Delivery costs must be included in the quotation either as a separate line item or contained in the total price of the quote. The quotation shall include a total firm fixed price for the requirement that includes all shipping/delivery costs

f) Any applicable discount terms.

Volume III – Terms and Conditions:

The quoter shall review the provision and clauses attachment and complete any required information as record via a separate volume response to this solicitation.

Note: System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in this solicitation. Contracting officers will rely on representations from offers based on provisions in the solicitation. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

Acceptance of Terms and Conditions:

If the contractor objects to any of the terms and conditions contained in this solicitation, the contractor shall state "The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:" [Contractor shall list exception(s) and rationale for the exception(s)]. It is the sole responsibility of the contractor to identify in their quotation any exceptions to the terms and conditions of the solicitation. If the contractor does not include such a statement, the submission of a quotation in response to this solicitation will be regarded as the Contractor's acceptance of the Government's terms and conditions for inclusion into the resultant purchase order (PO).

Note: This procurement is not being conducted under the GSA Federal Supply Schedule (FSS) program or another Government-Wide Area Contract (GWAC). If a quoter submits a quotation based upon an FSS or GWAC contract, the Government will accept the proposed price. However, the terms and conditions stated herein will be included in any resultant purchase order, not the terms and conditions of the quoter’s FSS or GWAC contract, and the statement required above shall be included in the quotation.

FAR 52.212-2 Evaluation- Commercial Products and Commercial Services (DEVIATION

Jan 2026)

Basis for award: Award shall be made to the responsible quoter whose quotation, conforming to the solicitation, is the lowest priced, technically acceptable quote.

A quoter's failure to address any factor may be considered indicative of the quoter's lack of understanding of the Government's requirements and may result in the offer being determined unacceptable.

PAGE 7 OF 28 1333ND26QNB640602

The Government intends to award a single firm fixed price purchase order (PO) from this solicitation utilizing simplified acquisitions procedures in accordance with FAR part 12 of the Revolutionary FAR Overhaul. The Government reserves the right not to award a

PO and to make an award without discussions based solely upon initial quotes.

(a) Evaluation factors.

Technical Capability: No prototypes, demonstration models, used or refurbished instruments will be considered. Evaluation of technical capability shall be based on the information provided in the quotation. NIST will evaluate the extent to which the quoter has demonstrated that its proposed brand name equipment meets or exceeds all minimum requirements. Quotations that do not demonstrate the proposed equipment meets all requirements will not be considered further for award. If a quoter’s technical description and/or product literature does not indicate whether its proposed equipment meets a certain minimum requirement, NIST will determine that it does not meet the requirements.

Price: The proposed price will be evaluated. The evaluation will determine whether the proposed prices are reasonable in relation to the solicitation requirements. Prices must be entirely compatible with the technical portion of the quotation.

(b) Options (if applicable). The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The

Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. The evaluation of options does not obligate the Government to exercise the option(s).

(End of provision)

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Thermo Scientific Attune NXT Flow Cytometer system

IAW Attachment #1 Statement of Requirement, inclusive of shipping/delivery, installation, training, and initial warranty, as applicable.

1.00 EA

0002 Option Year 1 of Service/Maintenance Agreement IAW

Attachment #1 Statement of Requirement.

1.00 YR

0003 Option Year 2 of Service/Maintenance Agreement IAW

0004 Option Year 3 of Service/Maintenance Agreement IAW

PAGE 8 OF 28 1333ND26QNB640602

Table of Contents

Attachment 1- Statement of Requirement

Attachment 2- Applicable Provisions and Clauses

PAGE 9 OF 28 1333ND26QNB640602

CLAUSES

Attachment 1- Statement of Requirement

PAGE 10 OF 28 1333ND26QNB640602

STATEMENT OF REQUIREMENT

TITLE: High Throughput Four Laser Flow Cytometer

I. BACKGROUND INFORMATION

The Biosystems and Biomaterials Division (BBD), Material Measurement Laboratory, NIST performs high-dimensional measurements of engineered microbes to create and characterize biological sensing circuits and test AI-designed nucleic acid and protein sequences. High throughput flow cytometry is a critical tool supporting these measurements.

II. SPECIFICATIONS

The Contractor shall provide one brand name (1) ThermoFisher Scientific manufactured Attune

NXT Flow Cytometer that meets the following specifications. The Contractor shall install the instrument and provide training as described below.

System Requirements:

• The instrument shall be configured with four excitation lasers: blue, red, violet and yellow.

• The instrument shall be configured with a CytKick Max autosampler for sampling from 96-well sample plates.

• Contractor shall provide a Windows-based control PC, with necessary hardware and software for controlling the flow cytometer.

• Contractor shall provide consumable fluids and calibrators/QC beads that are necessary for first-time system startup.

• Contractor shall provide an operations and maintenance manual covering proper operation, routine maintenance, and troubleshooting for the instrument and controlling software o The manual may be supplied in hard copy or electronic format (or both).

Installation:

The Contractor shall install the instrument in Building 227, at NIST Gaithersburg, MD.

Installation shall include, at a minimum, uncrating/unpacking of all equipment, set-up and hook-up of all equipment, start-up, demonstration of specifications, and removal of all trash.

Instrument shall operate to manufacturer’s specifications upon installation. Installation shall take place during normal business hours, between 8:30 am and 5:00 pm Eastern Time, Monday through Friday except Federal Holidays, and shall be coordinated with the NIST Contract Officer

Representative (COR) and the Technical Subject Matter Expert (SME).

Installation shall occur within 30 calendar days of delivery.

Warranty:

The Contractor shall provide, at a minimum, a one year warranty for the equipment. The warranty shall cover all parts, labor and travel. The warranty shall commence upon successful completion of delivery, installation, training and demonstration of all required specifications.

PAGE 11 OF 28 1333ND26QNB640602

Training:

The Contractor shall provide training at NIST for up to 3 NIST personnel covering normal operation, troubleshooting, and routine maintenance. Training shall be provided during normal business hours, between 8:30am and 5:00pm Eastern Time, Monday through Friday, except

Federal Holidays, and will be coordinated with the NIST Contract Officer Representative (COR) and the Technical subject Matter Expert (SME) to ensure maximum availability of NIST personnel.

Training shall occur within 10 business days of installation. Training may be completed on-site at NIST immediately after installation and demonstration of specifications.

Options for Service Agreement

The Contractor shall provide three, 12-month option periods for service agreement covering (1) annual preventative maintenance visit and emergency repair service, inclusive of all travel and labor costs. The first option period of performance should immediately follow the end of the 12-month warranty that commences upon Government acceptance. Service agreement options shall include the following:

1. One (1) preventative maintenance service call per year to ensure long-term performance and reliability of the instrument. Preventative maintenance visits shall be scheduled at least 30 days in advance with the NIST COR and technical SME. The Contractor shall contact the COR/SME to schedule a mutually acceptable date and time for the preventative maintenance visits. Preventative maintenance shall include all tasks recommended by the OEM.

2. Unlimited dispatches of a technician or engineer for emergency service visits when the instrument becomes inoperable or fails to perform to specifications due to a failure of the instrument. Emergency service shall meet the following specifications:

a. Guaranteed response time of 2 business days after receipt of a service request.

b. Include telephone- and email-provided instrument technical support.

c. Include telephone- and email-provided application support.

d. Include replacement of defective parts with OEM replacement parts or OEM-certified replacement parts.

III. SERVICE REPORT

The Contractor shall submit a servicer report to the NIST COR and/or SMEM prior to departure from NIST for any preventative maintenance or emergency repair service visit. The service report must include the following for all instrument repairs and maintenance:

a. Model number

b. Serial number

c. Date and time of arrival to NIST

d. Description of service performed

e. Name and quantity of any parts that were repaired

f. Name and quantity of any parts that were replaced

g. Date and time of departure from NIST

PAGE 12 OF 28 1333ND26QNB640602

h. Diagnostic test results or narrative summary demonstrating that the instrument is meeting performance specifications

i. Any additional comments or recommendations

j. Printed name and signature of service technician

k. Signature block for NIST COR.

IV. PERIOD OF PERFORMANCE

Base Year: 12 months after Government acceptance of base award deliverables

Option Year I: 12 to 24 months after Government acceptance of base award deliverables

Option Year II: 25 to 36 months after Government acceptance of base award deliverables

Option Year III: 37 to 48 months after Government acceptance of base award deliverables

V. PLACE OF PERFORMANCE

The contractor shall perform maintenance and repair services at NIST, 100 Bureau Drive, Gaithersburg, MD. Services shall be performed during NIST regular business hours, which are

8:30 a.m. to 5:00 p.m. Eastern time, Monday through Friday, except for Federal holidays.

VI. CONTRACTOR’S MINIMUM QUALIFICATIONS

The Contractor shall provide original equipment manufacturer (OEM) certified and/or trained engineers and/or service technicians to perform equipment maintenance and repairs. Contractor personnel shall have experience in maintenance, repair, and calibration of the Attune NXT and

CytKick instruments and accessories for which services are rendered.

PAGE 13 OF 28 1333ND26QNB640602

PERFORMANCE REQUIREMENTS SUMMARY

Desired Output Performance Standard Monitoring Method

Provide one (1) preventative maintenance visit during each year of the service agreement.

System performs to manufacturer specifications upon completion of the maintenance. Contractor uses only tools, instruments, software, test apparatus, methodologies, techniques, and/or procedures approved for use with the instrument by the OEM. All parts are from the OEM or documented as acceptable equivalents by the

OEM. Efforts to secure part(s), if needed are initiated within one (1) business day after identifying need.

Acceptance by COR of the service report.

Onsite response to an unlimited number of requests for emergency repair visits due to instrument failure.

Contractor uses only tools, instruments, software, test apparatus, methodologies, techniques, and/or procedures approved for use with the instrument by the OEM. All parts are from the OEM or documented as acceptable equivalents by the

OEM. Efforts to secure part(s), if needed are initiated within one (1) business day after identifying need.

To the maximum extent practicable, work is performed at the

Government’s facility, NIST, Gaithersburg, MD. Response time for emergency repair service request shall be two (2) business days or less. Follow-up visits and/or continuing telephone or other virtual support is provided until instrument is returned to functionality if functionality cannot be restored during the service visit.

Acceptance by COR of the service report.

VII. DELIVERY

Delivery shall be F.O.B Destination and shall occur within 120 calendar days of award.

F.O.B. Destination means: The contractor shall pack and mark the shipment in conformance with carrier requirements, deliver the shipment in good order and condition to the point of delivery specified in the purchase order, be responsible for any loss of and/or damage to the goods occurring before receipt and acceptance of the shipment by the consignee at the delivery point specified in the order, and pay all charges to the specified point of delivery.

Delivery shall occur during normal business hours, between 8:30 am and 5:00 pm Eastern time, PAGE 14 OF 28 1333ND26QNB640602

Monday through Friday, with the exception of Federal holidays and shall be made to:

National Institute of Standards and Technology

100 Bureau Drive

Gaithersburg, MD 20899

ATTN: Bldg 227 / David J. Ross

VIII. DELIVERABLES

Description

(and Format) Quantity Recipient Due Date

Attune NXT Flow Cytometer

(Ship to NIST)

One (1) NIST

COR

120 calendar days after award

CytKick Max Autosampler

(Ship to NIST)

One (1) NIST

COR

120 calendar days after award

Operations and maintenance manual

(Hardcopy or electronic)

One (1) set

NIST

COR

120 calendar days after award

Installation

(On-site at NIST)

Once NIST

COR

30 calendar days after delivery.

Training of NIST personnel at NIST, Gaithersburg, MD

(On-site at NIST)

Once NIST

COR

10 business days after installation.

IX. ACCEPTANCE CRITERIA

Formal acceptance of the system shall be given at the time the Contractor successfully demonstrates that all performance specifications in this Statement of Requirements have been met including installation and training. The NIST COR shall review all deliverables and determine if these criteria are met.

X. GENERAL INFORMATION

Safety: The Contractor employee shall be responsible for knowing and complying with site safety regulations. Such regulations include, but are not limited to, general safety, fire prevention, and waste disposal.

Security: NIST is a restricted campus. An identification badge is required for access for entry into buildings and also is shown to the armed Security Police when entering the campus.

Identification Badges: Contractor employees shall comply with NIST identification and access requirements. The Contractor shall provide the name and citizenship information of employees for on-site visits to the NIST COR and/or SME prior to arrival. The COR and/or SME will submit the name(s) and citizenship information to the NIST Office of Security in order for a given Contractor employee to enter the NIST campus. The Contractor employee is responsible for absences due to missing or expired identification and access documents. Each Contractor

PAGE 15 OF 28 1333ND26QNB640602

employee shall wear a visible identification badge provided by the NIST Security Office.

Vehicle Registration: All Contractor employees must register their vehicles with the NIST

Security Office to gain access to the campus. A valid driver’s license, Government-furnished, REAL ID compliant civilian ID (which in most cases can be a valid driver's license), proof of insurance and current registration must be presented to the NIST Security Office.

Federal Holidays:

• New Year’s Day (January 1)

• Martin Luther King Jr. Day (Third Monday in January)

• Presidents’ Day / Washington’s Birthday (Third Monday in February)

• Memorial Day (Last Monday in May)

• Juneteenth (June 19)

• Independence Day (July 4)

• Labor Day (First Monday in September)

• Columbus Day (Second Monday in October)

• Veterans Day (November 11)

• Thanksgiving Day (Fourth Thursday in November)

• Christmas Day (December 25)

Attachment 2- Applicable Provisions and Clauses

PAGE 16 OF 28 1333ND26QNB640602

PROVISIONS AND CLAUSES

52.252-1 Solicitation Provisions Incorporated by Reference.

As prescribed in 52.107(a), insert the following provision:

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):

FAR Overhaul (DEVIATIONS JAN 2026): https://www.acquisition.gov/far-overhaul/far-part-deviation-guide

CAR: https://www.ecfr.gov/current/title-48/chapter-13

PROVISIONS INCORPORATED BY REFERENCE:

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality

Agreements or Statements-Representation. (DEVIATION JAN 2026)

52.204-7 System for Award Management (DEVIATION JAN 2026)

52.209-2 Prohibition on Contracting With Inverted Domestic Corporations-Representation

(DEVIATION JAN 2026)

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (DEVIATION JAN 2026)

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services (DEVIATION JAN

2026)

52.212-2 Evaluation—Commercial Products and Commercial Services (DEVIATION JAN 2026)

52.222-18 Certification Regarding Knowledge of Child Labor for Listed End Products (DEVIATION JAN

2026)

52.240-90 Security Prohibitions and Exclusions Representations and Certifications (DEVIATION JAN

2026)

PAGE 17 OF 28 1333ND26QNB640602

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

FAR Overhaul (DEVIATIONS JAN 2026): https://www.acquisition.gov/far-overhaul/far-part-deviation-guide

CAR: https://www.ecfr.gov/current/title-48/chapter-13

(End of clause)

CLAUSES INCORPORATED BY REFERENCE:

52.203-12 Limitation on Payments to Influence Certain Federal Transactions

52.203-17 Contractor Employee Whistleblower Rights (Nov 2023)

52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan

2017)

52.204-13 System for Award Management Maintenance (DEVIATION JAN 2026)

52.204-19 Incorporation by Reference Of Representations And Certifications (Dec 2014)

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (DEVIATION JAN 2026)

52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (DEVIATION JAN 2026)

52.217-5 Evaluation of Options (DEVIATION JULY 2026)

52.219-28, Post-award Small Business Program Rerepresentation (DEVIATION JAN 2026)

52.222-3, Convict Labor (Jun 2003)

52.222-19, Child Labor—Cooperation with Authorities and Remedies (DEVIATION JAN 2026)

52.222-50, Combating Trafficking in Persons (DEVIATION JAN 2026)

52.222.35 Equal Opportunity for Veterans (DEVIATION JAN 2026)

52.222-36, Equal Opportunity for Workers with Disabilities (DEVIATION JAN 2026)

52.222-37 Employment Reports on Veterans (DEVIATION JAN 2026)

52.222-54 Employment Eligibility Verification (DEVIATION JAN 2026)

52.222-90 Addressing DEI Discrimination by Federal Contractors

52.225-5 Trade Agreements

52.223-23, Sustainable Products and Services (May 2024)

52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024)

52.232-29 Terms for Financing of Commercial Products and Commercial Services (Nov 2021)

52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018)

52.232-39 Unenforceability of Unauthorized Obligations (JUNE 2013)

52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023)

52.233-3, Protest After Award (DEVIATION JAN 2026)

52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)

52.244-6 Subcontracts for Commercial Products and Commercial Services (DEVIATION JAN 2026)

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1352.201-70 Contracting Officer Authority (APR 2010)

1352.209-73 Compliance with The Laws (APR 2010)

1352.209-74 Organizational Conflict of Interest (APR 2010)

Full Text Provision and Clauses:

FAR 52.212-4 TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (DEVIATION APR 2026)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price.

If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence.

Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

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(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C.

3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable;

(D) Contractor point of contact; and

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(5) Interest.(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the

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Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a termination for cause.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon—

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. In the event of termination for cause, the Government shall not be liable to

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the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered under this contract are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.

(r) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services;

(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government-authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

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(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (s)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(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 part 4, longer period required by statute, or periods specified in 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 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 clause 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.

(u) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

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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 5 days before contract expires.

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 5 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 3 years and 6 months).

52.225-6 Trade Agreements Certificate.

As prescribed in 25.601(c)(2), insert the following provision:

Trade Agreements Certificate (Feb 2021)

(a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements."

(b) The offeror shall list as other end products those supplies that are not U.S.-made or designated country end products.

Other End Products:

Line item No. Country of origin

[List as necessary]

(c) The Government will evaluate offers in accordance with the policies and procedures of part 25 of the Federal Acquisition Regulation. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute.

The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such…