final Provisions and Clauses_MHB.docx

Provisions and Clauses:

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-04 dated 06/11/2025. The following provisions and clauses apply to this acquisition and are hereby incorporated by reference. All FAR clauses may be viewed at http://farsite.hill.af.mil/.

FAR Provisions

52.204-7, System for Award Management 52.204-16, Commercial and Government Entity Code Reporting 52.204-17, Ownership or Control of Offeror (JUL 2016) 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment 52.204-26, Covered Telecommunications Equipment or Services-Representation 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations – Representation 52.225-25, Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation.

52.212-1 Instructions to Offerors - Commercial Items 52.212-3 Offeror Representations and Certifications-Commercial Items (MAY 2024) (DEVIATION FEB 2025)

52.212-2 Evaluation - Commercial Items

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

The quotation received will be evaluated for its technical merits, conformance with the requirements identified in the Statement of Work, and for price reasonableness.

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer`s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.252-1 Solicitation Provisions Incorporated by Reference.

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):

Federal Acquisition Regulation (FAR): www.acquisition.gov/far/ Commerce Acquisition Regulation (CAR): http://www.ecfr.gov/cgi-bin/text-idx?SID=8b5f22b07c12a52e8b29841ad60f1fd9&mc=true&tpl=/ecfrbrowse/Title48/48chapter13.tpl

PROVISIONS

FAR 52.204-7, System for Award Management Comment by Brown, Monica H. (Fed): Some of these are duplicated above. Please make sure they are only listed once.

In accordance with FAR 52.204-7, offerors must be registered in the System for Award Management (www.sam.gov) at the time of quotation submission and shall continue to be registered until time of award, during performance, and through final payment of any resultant contract. Refusal to register shall forfeit award.

FAR 52.204-16, Commercial and Government Entity Code Reporting FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment FAR 52.204-26, Covered Telecommunications Equipment or Services – Representation FAR 52.204-29 Federal Acquisitions Supply Chain Security Act Order – Representation and Disclosures FAR 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations- Representation FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services FAR 52.225-25, Prohibition On Contracting With Entities Engaging In Certain Activities Or Transactions Relating To Iran-Representation And Certifications FAR 52.252-1, Solicitation Provisions Incorporated by Reference

FAR 52.225-2 Buy American Certificate

Buy American Certificate (Oct 2022) (a)(1)The Offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product and that each domestic end product listed in paragraph (c) of this provision contains a critical component.

(2)The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.

(3)The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

(4)The terms “commercially available off-the-shelf (COTS) item,” “critical component,” "domestic end product," "end product," and "foreign end product" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(b)Foreign End Products:

Line Item no.

Country of Origin

Exceeds 55% domestic content (yes/no)

(b)[List as necessary] (c)Domestic end products containing a critical component:

Line Item No. ___ [List as necessary] (d)The Government will evaluate offers in accordance with the policies and procedures of part 25 of the Federal Acquisition Regulation.

(End of provision)

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/these address(es):

Federal Acquisition Regulation (FAR): www.acquisition.gov/far/ Commerce Acquisition Regulation (CAR): http://www.ecfr.gov/cgi-bin/text-idx?SID=8b5f22b07c12a52e8b29841ad60f1fd9&mc=true&tpl=/ecfrbrowse/Title48/48chapter13.tpl

52.204-13 System for Award Management Maintenance 52.204-18, Commercial and Government Entity Code Maintenance 52.204-19, Incorporation by Reference of Representations and Certifications 52.212-4 Contract Terms and Conditions—Commercial Items 52.232-39 Unenforceability of Unauthorized Obligations 52.232-40 Providing Accelerated Payments to Small Business Subcontractors 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (JAN 2025) (DEVIATION FEBRUARY 2025)-- including subparagraphs:

52.203-17, Contractor Employee Whistleblower Rights 52.204-10 - Reporting Executive Compensation and First-Tier Subcontract Awards 52.204-27, Prohibition on a ByteDance Covered Application 52.209-6 - Protecting the Government’s Interests when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment 52.219-28 - Post Award Small Business Program Representation 52.222-3 - Convict Labor 52.222-19 - Child Labor - Cooperation with Authorities and Remedies;

52,222-36 – Equal Opportunity for Works with Disabilities 52.222-50 - Combating Trafficking in Persons 52.223-18 - Encouraging Contractor Policies to Ban Text Messaging While Driving 52.223-23 – Sustainable Products and Services (MAY 2024) (DEVIATION FEBRUARY 2025) 52.2225-1 Buy America Supplies 52.225-3 - Buy American-Free Trade Agreements-Israeli Trade Act 52.225-13 - Restriction on Certain Foreign Purchases 52.232-33 - Payment by Electronic Funds Transfer- System for Award Management (End of clause)

Department of Commerce Acquisition Regulation (CAR) clauses. Please view the full text of these clauses at http://www.ecfr.gov/cgi-bin/text-idx?SID=8b5f22b07c12a52e8b29841ad60f1fd9&mc=true&tpl=/ecfrbrowse/Title48/48chapter13.tpl.

Commerce Acquisition Regulations (CAR) Provisions and Clauses:

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:

NIST/ACQUISITION MANAGEMENT DIVISION

ATTN: MONICA BROWN, 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:

NIST/ACQUISITION MANAGEMENT DIVISION

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 5893, Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W. Washington, D.C. 20230.

FAX: (202) 482-5858

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

CAR Clauses

1352.201-70 Contracting Officer’s Authority 1352.209-73 Compliance with The Laws 1352.209-74 Organizational Conflict of Interest

NIST Local Clauses

NIST LOCAL-53 Contract Performance During Changes in NIST 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 the U.S. Department of Commerce, National Institute of Standards and Technology (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:

Gaithersburg Campus Operating Status Line:

(301) 975-8000

(800) 437-4385 x8000 (toll free)

Boulder Campus Operating Status Line:

(303) 497-4000

(End of clause)

NIST LOCAL-54 Electronic Billing Instructions

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

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

(End of clause)

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

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: **

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.