Lambda CSS.pdf

1333ND24QNB680496 – Service contract for PerkinElmer Lambda 950

THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS PREPARED IN

ACCORDANCE WITH THE FORMAT IN FAR SUBPART 12.6-STREAMLINED PROCEDURES

FOR EVALUATION AND SOLICITATION FOR COMMERCIAL ITEMS-AS SUPPLEMENTED

WITH ADDITIONAL INFORMATION INCLUDED IN THIS NOTICE. THIS ANNOUNCEMENT

CONSTITUTES THE ONLY SOLICITATION; QUOTATIONS ARE BEING REQUESTED, AND A

SEPARATE WRITTEN SOLICITATION DOCUMENT WILL NOT BE ISSUED. THE

SOLICITATION IS BEING ISSUED USING SIMPLIFIED ACQUISITION PROCEDURES FOR

CERTAIN COMMERCIAL ITEMS UNDER THE AUTHORITY OF FAR 13.

The solicitation number is 1333ND24QNB680496. This solicitation is a Request for Quotation (RFQ).

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2024-05 dated May 22, 2024.

Defense Priorities and Allocations System (DPAS) is not applicable.

The associated North American Industrial Classification System (NAICS) code for this procurement is 334516 - Analytical Laboratory Instrument Manufacturing with a small business size standard of 1,000 employees.

This acquisition is being solicited for full and open competition.

CAM 1352.215-72 INQUIRIES

Offerors must submit all questions concerning this solicitation in writing to both the Contract Specialist Jenna Bortner at jenna.bortner@nist.gov and the Contracting Officer Forest Crumpler at forest.crumpler@nist.gov. Questions should be received no later than five (5) calendar days after the issuance date of this solicitation. All responses to the 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, on the question responses included in the amendment to the solicitation will govern performance of the contract.

(End of provision)

BACKGROUND:

The National Institute of Standard and Technology (NIST), Sensor Science Division (SSD) requires proper and reliable operation of a PerkinElmer spectrophotometer to meet the research and calibration needs of the Division. Purchasing a service contract will save money and shorten downtime in event of equipment failure. Additionally, the preventive maintenance visit will allow for the instrument to be serviced and parts replaced prior to failure. Advanced scheduling of the preventive maintenance visit will minimize downtime. If failure occurs, the service contract will enable the repair to occur without the delays that would occur if the repair needed to be procured separately at an unknown cost.

LIST OF ATTACHMENTS:

The following documents and forms are hereby provided as attachments. The purpose of these attachments is for reference and to provide specification requirements to the Contractor for quotation purposes only.

Attachment #1: Statement of Work mailto:jenna.bortner@nist.gov

All offerors shall provide a firm-fixed-price quotation for the following services.

Contract Line-Item Number (CLIN QTY UNIT UNIT PRICE APPLICABLE

DISCOUNTS

TOTAL

CLIN 0001 – Service Contract for a PerkinElmer Spectrophotometer Lambda950 Serial Number: 950N6030802 NIST Property: 627106 in accordance with the attached Requirements Document.

1 EA

CLIN 0002 – OPTION YEAR 1

Service Contract for a PerkinElmer Spectrophotometer Lambda950 Serial Number: 950N6030802 NIST Property: 627106 in accordance with the attached Requirements Document.

1 EA

CLIN 0003 – OPTION YEAR 2

Service Contract for a PerkinElmer Spectrophotometer Lambda950 Serial Number: 950N6030802 NIST Property: 627106 in accordance with the attached Requirements Document.

1 EA

The provision at FAR 52.212-1, Instructions to Offerors—Commercial Products and Commercial Services, applies to this acquisition. Addenda to this provision is as follows:

System for Award Management (SAM) Registration

In accordance with FAR 52.204-7, the awardee must be registered in the System for Award Management (www.sam.gov) prior to award. Refusal to register shall forfeit award.

Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, with its offer. The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

DUE DATE FOR QUOTATIONS

Offerors shall submit their electronic quotations, via email, so that NIST receives them not later than 11:00 a.m. Eastern Time on Wednesday, August 7, 2024. E-mail quotations shall be submitted directly to the Contract Specialist Jenna Bortner at jenna.bortner@nist.gov and the Contracting Officer Forest Crumpler at forest.crumpler@nist.gov.

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

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, indexed (cross-indexed as appropriate) and logically assembled. Note: The term “indexed” refers to a table of contents that lists sections and page numbers. In the event that the Offeror is unable to create an indexed quotation, an alternative approach such as a Table of Contents shall suffice. All pages of the quotation shall be appropriately numbered. A cover letter may be included in addition to Volumes I-IV discussed below.

In preparing the quotation, each volume shall stand on its own. For each given evaluation factor the Government will only evaluate the information provided in the corresponding section of the quotation.

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

Volume I – Technical Quotation Volume II – Relevant Experience Volume III – Price Quotation Volume IV – Terms and Conditions

Volume I - Technical Quotation:

The offeror shall submit one (1) copy of their technical quotation, electronically, via E-mail to the Contract Specialist and Contracting Officer identified above. The technical quotation shall address the following:

Technical Capability:

The quoter shall submit technical approach and capability documentation which may include a narrative, charts, graphs, tables, drawings, product / service literature, and as applicable, demonstrated authority to provide the necessary items and perform the required services identified in the statement of work (Attachment 1). The documentation shall clearly describe, in sufficient detail, the vendor's authority, proposed items, resources and methods to successfully fulfill the requirements including specifications, performance capability requirements, delivery schedules, warranties, and all service requirements. The submission shall clearly identify each line item above. The submission must demonstrate that the proposed service meets or exceeds each minimum requirement described within the attached statement of work document by providing a citation between the statement of work paragraph and the relevant section of the technical description or product literature. The offeror must not simply state they will meet or exceed the requirement; evidence must be provided. Evidence that the offeror is authorized by the manufacturer to provide the items and services in the quotation shall be included.

Stronger consideration will be given to the following specifications:

Specification Submission Requirement

1.1 Stronger consideration will be given to

Contractors who guarantee service visits will be performed by OEM certified technicians that have priority access to proprietary parts, training, etc.

If this specification is being offered, please provide sufficient information to indicate that the services meet this requirement to include but not limited to technical data sheets or other ways of demonstrating capability.

1.4 Stronger consideration will be given to

Contractors who provide unlimited service visits performed by OEM certified technicians, with OEM parts, without a dollar value limit.

If this specification is being offered, please provide sufficient information to indicate that the services meet this requirement to include but not limited to technical data sheets or other ways of demonstrating capability.

2.1 Stronger consideration will be given to

Contractors who guarantee all service visits will be performed by OEM certified technicians.

If this specification is being offered, please provide sufficient information to indicate that the services meet this requirement to include but not limited to technical data sheets or other ways of demonstrating capability.

Volume II – Relevant Experience:

The offeror shall provide information which demonstrates the offeror’s experience in providing for maintenance/service on existing PerkinElmer Instruments. The vendor shall provide a list of at least three similar awards for similar service supplied in the past three (3) years. Information shall include the model name/number, end username, and end user contact information. Please include information that demonstrates experience scheduling and providing the same or similar services from PerkinElmer.

Volume III - Price Quotation:

The offeror shall submit one (1) copy of their entire quotation, electronically, via E-mail to the Contract Specialist and Contracting Officer identified above. The pricing quotation shall be separate from any other portion of the quotation. The offeror shall propose a firm-fixed-price quotation for each CLIN to include all shipping costs (FOB Destination). Price quotations shall remain valid for a period of 90 days from the date quotations are due. Contractor shall state express warranty coverage (if applicable).

Acceptance of Terms and Conditions (Addendum to FAR 52.212-1(b) (11)):

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 quote 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.

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

Provision 52.212-2, Evaluation-Commercial Products and Commercial Services applies to this procurement. The evaluation criteria included in paragraph (a) of the provision are as follows:

EVALUATION CRITERIA

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 13. The Government reserves the right not to award a PO and to make an award without discussions based solely upon initial quotes.

Basis for Award:

The Government will award a firm fixed price purchase order resulting from this solicitation once the Contractor is verified as responsible and the quotation conforming to the solicitation is found most advantageous to the Government, price and other factors considered. The Government will evaluate quotations based on the following evaluation criteria factors: 1) Technical Capability 2) Past Performance, 3) Price, and 4) Experience. Technical Capability is more important than price.

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

Evaluation Factors:

Technical Capability:

This procurement is for commercial services and repair. Therefore, prototypes or demonstration models will not be accepted. Additionally, used or refurbished instruments will not be considered. Evaluation of technical capability shall be limited to the information provided in the quotation.

Evaluation of this factor is a subjective evaluation of the vendor's demonstrated resources, capability, and methods to meet all requirements. This may include the authority to provide the required items (i.e.

authorized dealer/seller/reseller), authority to provide maintenance and repair services, and the capability and method to successfully meet all the requirements in the statement of work. Quotations that do not demonstrate that the proposed equipment meets or exceeds all requirements will not be considered further for award. If an offeror’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 requirement.

Stronger consideration will be given to the following specifications:

Specification Submission Requirement

1.1 Stronger consideration will be given to

Contractors who guarantee service visits will be performed by OEM certified technicians that have priority access to proprietary parts, training, etc.

If this specification is being offered, please provide sufficient information to indicate that the services meet this requirement to include but not limited to technical data sheets or other ways of demonstrating capability.

1.4 Stronger consideration will be given to

Contractors who provide unlimited service visits performed by OEM certified technicians, with OEM parts, without a dollar value limit.

If this specification is being offered, please provide sufficient information to indicate that the services meet this requirement to include but not limited to technical data sheets or other ways of demonstrating capability.

2.1 Stronger consideration will be given to

Contractors who guarantee all service visits will be performed by OEM certified technicians.

If this specification is being offered, please provide sufficient information to indicate that the services meet this requirement to include but not limited to technical data sheets or other ways of demonstrating capability.

Relevant Experience:

NIST will evaluate the extent of the offeror’s experience scheduling and providing similar services. NIST will give preference to offerors who demonstrate they have experience maintaining the same equipment they are proposing for the current requirement.

Price:

The Government will evaluate price for reasonableness. The evaluation will determine whether the proposed prices are reasonable in relation to the solicitation requirements. A price realism analysis will not be conducted. Prices must be proportionate with the technical portion of the quotation.

PROVISIONS AND CLAUSES:

The following provisions and clauses apply to this acquisition and are hereby incorporated by reference.

All FAR clauses may be viewed at https://www.acquisition.gov/browse/index/far All CAR clauses may be viewed at https://www.acquisition.gov/car

PROVISIONS

FAR 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation FAR 52.204-7, System for Award Management FAR 52.204-16, Commercial and Government Entity Code Reporting FAR 52.204-18 Commercial and Government Entity Code Reporting FAR 52.204-20 Predecessor Of Offeror FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment FAR 52.217-5. Evaluation of Options FAR 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Certification FAR 52.225-25, Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/car

Iran

Additionally, the following clauses are required to be completed and returned with the solicitation response:

FAR 52.204-17 Ownership or Control of Offeror

(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; 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:

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)

(End of provision)

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

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209- 10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ] is, [ ] is not an inverted domestic corporation; and

(2) It [ ] is, [ ] is not a subsidiary of an inverted domestic corporation.

52.229-11 Tax on Certain Foreign Procurements – Notices and Representation

(a) Definitions. As used in this provision—

Foreign person means any person other than a United States person.

Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area.

United States person as defined in 26 U.S.C. 7701(a)(30) means

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31)); and

(5) Any trust if–

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section7701&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section701&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim

(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The Offeror would claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/w14. Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C.

5000C tax is a tax matter, not a contract issue. The IRS Form W-14 is provided to the acquiring agency rather than to the IRS.

(d) For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that

(1) It [_] is [_] is not a foreign person; and

(2) If the Offeror indicates “is” in paragraph (d)(1) of this provision, then the Offeror represents that—I am claiming on the IRS Form W-14 [__] a full exemption, or [__] partial or no exemption [Offeror shall select one] from the excise tax.

(e) If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision, then—

(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract; and

(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent of each payment.

(f) If the Offeror selects “is” in paragraph (d)(1) and “partial or no exemption” in paragraph (d)(2) of this provision, the Offeror will be subject to withholding in accordance with the clause at FAR 52.229- 12, Tax on Certain Foreign Procurements, in any resulting contract.

(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

FULL TEXT CAR PROVISIONS:

CAR 1352.233-70 Agency Protests

(a) An agency protest may be filed with either: (1) the contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 Fed. Reg.

16,651 (April 6, 1999)

(b) Agency protests filed with the Contracting Officer shall be sent to the following address:

https://www.irs.gov/w14 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim https://www.acquisition.gov/far/52.229-12#FAR_52_229_12 https://www.acquisition.gov/far/52.229-12#FAR_52_229_12 https://www.acquisition.gov/far/52.229-12#FAR_52_229_12 https://www.irs.gov/help/tax-law-questions

NIST/ACQUISITION MANAGEMENT DIVISION

ATTN: Forest Crumpler, CONTRACTING OFFICER 100 Bureau Drive, MS 1640 Gaithersburg, MD 20899

(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address:

ATTN: HEAD OF THE CONTRACTING OFFICE (HCO)

100 Bureau Drive, MS 1640

Gaithersburg, MD 20899

(d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority.

(e) Service upon the Contract Law Division shall be made as follows:

U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room

Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W. Washington, D.C. 20230.

FAX: (202) 482-5858

(End of clause)

CAR 1352.233-71 GAO and Court Of Federal Claims Protests

(a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed.

(b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims.

(c) Service upon the Contract Law Division shall be made as follows:

U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W.

Washington, D.C. 20230.

FAX: (202) 482-5858

(End of clause)

CLAUSES

FAR 52.204-13, System for Award Management Maintenance FAR 52.204-18, Commercial and Government Entity Code Maintenance FAR 52.204-19, Incorporation by Reference of Representations and Certifications;

FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment FAR 52.212-4, Contract Terms and Conditions—Commercial Items FAR 52.212-5 - Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

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

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

52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) (Pub. L. 115–390, title II).

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

52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) 52.219-28, Post Award Small Business Program representation (Feb 2024) (15 U.S.C. 632(a)(2)).

52.222-3, Convict Labor (June 2003) (E.O. 11755).

52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2024).

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

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

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

52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) (E.O. 13513).

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

FAR 52.217-8, Option to Extend Services FAR 52.217-9, Option to Extend the Term of the Contract FAR 52.219-1, Small Business Program Representations FAR 52.232-8, Discounts for Prompt Payment FAR 52.232-39, Unenforceability of Unauthorized Obligations

FAR 52.232-40, Providing Accelerated Payment to Small Business Subcontractors FAR 52.247-35 F.O.B. Destination, Within Consignee’s Premises FAR 52.252-2 Clauses Incorporated by Reference

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 address:

CAR PROVISIONS & CLAUSES FULL TEXT CAN BE ACCESSED AT:

http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl

CAR 1352.201-70, Contracting Officer's Authority CAR 1352.209-72 Restrictions Against Disclosure CAR 1352.209-73, Compliance with the Laws CAR 1352.209-74 Organizational Conflict of Interest CAR 1352.246-70 Place of Acceptance

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

(b) The place of acceptance will be:

100 Bureau Drive, Gaithersburg, MD. 20899-0001.

NIST LOCAL CLAUSES

NIST LOCAL-53 Contract Performance During Changes in NIST Operating Status

All contractors performing work on active contracts at the U.S. Department of Commerce (DOC), National Institute of Standards and Technology (NIST) campuses and/or working in NIST workspaces should go to the www.nist.gov website and under the “About NIST” tab click on “Visit”. This site includes information about campus access and security information; identification requirements; parking information and more.

Contractor personnel are required to check the appropriate campus operating status and personnel requirements at https://www.nist.gov/campus-status daily prior to arriving on site. All personnel must adhere to the requirements set forth in the operating status.

Unless otherwise stated in the contract terms and conditions, normal days of business operation are Monday through Friday, excluding Federal Holidays. However, throughout the contract period of performance, there may be circumstances beyond the control of NIST that will impact normal days of business operation such as inclement weather, power outages, etc. In circumstances such as these, the Contractor must call the appropriate NIST campus status line to verify the operating status:

http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl

Gaithersburg Campus Operating Status Line:

(301) 975-8000

(800) 437-4385 x8000 (toll free)

Boulder Campus Operating Status Line:

(303) 497-4000

(303) 497-3000 option 2

In the event of a lapse in appropriation, access to Government facilities and resources, including equipment and systems will be limited to excepted personnel for both Federal employees and contractor personnel. If performance of the contract is onsite and/or requires Government interaction, unless the contractor has been, or is notified that it is required to work under an excepted status, the contractor must stop work. The work stoppage shall remain in effect until the lapse is resolved and notification is provided via the NIST website at www.nist.gov (banner on front page) and/or the NIST operating status line(s).

Additionally, contractors are encouraged to monitor public broadcasts or the Office of Personnel Management’s website at www.opm.gov for the Federal Government operating status.

NIST will provide notification to all contractors that are determined to have excepted status. All excepted contractors are required to continue performance and communicate with the appointed Contracting Officer’s Representative (COR) for further guidance, or NIST Contracting Officer if a COR is not appointed.

Contractors with active supply or service contracts that are fully funded at the time of contract award and do not require access to Government facilities, resources, or active administration by Government personnel in a manner that would not cause the Government to incur additional obligations during the lapse in appropriation may continue performance.

Please note that in all circumstances that impact operations on the NIST campuses, contractors are expected to follow all direction and guidance provided by NIST authorities.

(End of clause)

NIST LOCAL-54 ELECTRONIC BILLING INSTRUCTIONS

Instructions: use in all awards that require electronic submission of invoices.

NIST requires that Invoice/Voucher submissions are sent electronically via email to

INVOICE@NIST.GOV.

Each Invoice or Voucher submitted shall include the following:

(1) Contract number;

(2) Contractor name and address;

(3) Unique entity identifier (see www.sam.gov for the designated entity for establishing unique entity identifiers);

(4) Date of invoice;

(5) Invoice number;

(6) Amount of invoice and cumulative amount invoiced to-date;

(7) Contract Line Item Number (CLIN);

(8) Description, quantity, unit of measure, unit price, and extended price of supplies/services delivered;

(9) Prompt payment discount terms, if offered; and mailto:INVOICE@NIST.GOV http://www.sam.gov/

(10) Any other information or documentation required by the contract.

NIST LOCAL – 56 DEPARTMENT OF COMMERCE ELECTRONIC SUBMISSION OF

PAYMENT REQUESTS FOR EXISTING CONTRACT ACTIONS INVOICING PROCESSING

PLATFORM-ALTERNATE I

Upon written notice from the contracting officer the following supersedes all other instructions for the submission of payment requests. Accordingly, following written notice payment requests must be submitted electronically through the U.S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable payment request or invoicing instructions, Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice: SEE NIST LOCAL-54 for documentation requirements.

The Contractor must use the IPP website to register, access, and use IPP for submitting payment requests.

If not already enrolled, the Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email within three to five business days of the addition of the contract award to IPP. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email: IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting payment requests, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation. Contact the contracting officer for more information on submitting a waiver request.

https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov