RFP 1333ND21RNB610021.pdf

SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 7900)

RATING

PAGE OF

PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER

1333ND21RNB610021 SEALED BID (IFB)

NEGOTIATED (RFP)

NB610010-21-00119

NB610010-21-00119

7. ISSUED BY CODE 000SB 8. ADDRESS OFFER TO (If other than Item 7)

NATIONAL INST OF STDS AND TECHNOLOGY

100 BUREAU DRIVE STOP 1640

BUILDING 301 ROOM B129

GAITHERSBURG MD 20899-1640

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in * until 12:00

PM ET

local time SEP 03, (Hour) (Date)

CAUTION - LATE Submissions, Modifications, and Withdrawls: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

B. TELEPHONE (NO COLLECT CALLS)10. FOR

INFORMATION CALL

A. NAME

RANAE ARMSTRONG AREA CODE

NUMBER

975-8088

EXTENSION

C. E-MAIL ADDRESS

RMA1@MAIL.NIST.GOV

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART 1 - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 - 1 X I CONTRACT CLAUSES 30 - 35

X B SUPPLIES OR SERVICES AND PRICES/COSTS 2 - 10 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK STATEMENT 11 - 17 X J LIST OF ATTACHMENTS 36 - 69

X D PACKAGING AND MARKING 18 - 18 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 19 - 19 X K REPRESENTATIONS, CERTIFICATIONS AND OTHER 70 - 80

X F DELIVERIES OR PERFORMANCE 20 - 20 STATEMENTS OF OFFERORS

X G CONTRACT ADMINISTRATION DATA 21 - 25 X L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS 81 - 87

X H SPECIAL CONTRACT REQUIREMENTS 26 - 29 X M EVALUATION FACTORS FOR AWARD 88 - 95

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS (%)

14. ACKNOWLEDGMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

15A. NAME AND

ADDRESS OF

OFFEROR

(Type or print)

15B. TELEPHONE NUMBER 15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT

AREA CODE NUMBER

EXTENSION FROM ABOVE - ENTER SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c) 41 U.S.C. 3304(a) ( )

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

24. ADMINISTERED BY (If other than Item 7) 25. PAYMENT WILL BE MADE BY CODE

26. NAME OF CONTRACTING OFFICER(Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

(Signature of Contracting Officer)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (REV. 6/2014)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

PAGE 1 OF 95 1333ND21RNB610021

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

BASE PERIOD

0001 Fabrication/Manufacturing of Instruments and Instrumentation in accordance with the attached Statement of Work.

PR NUMBER: NB610010-21-00119

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

BUILDING 301 SHIPPING AND RECEIVING

100 BUREAU DRIVE

GAITHERSBURG MD 20899-0001

FOB : Destination

1.00 EA

Option Period I

0002 Fabrication/Manufacturing of Instruments and Instrumentation in accordance with the attached Statement of Work.

Period of Performance: 12 months

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

BUILDING 301 SHIPPING AND RECEIVING

100 BUREAU DRIVE

GAITHERSBURG MD 20899-0001

OPTION PERIOD II

0003 Fabrication/Manufacturing of Instruments and Instrumentation in accordance with the attached Statement of Work.

Period of Performance: 12 Months

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

BUILDING 301 SHIPPING AND RECEIVING

100 BUREAU DRIVE

GAITHERSBURG MD 20899-0001

OPTION PERIOD III

0004 Fabrication/Manufacturing of Instruments and Instrumentation in accordance with the attached Statement of Work.

Period of Performance: 12 Months

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

BUILDING 301 SHIPPING AND RECEIVING

100 BUREAU DRIVE

GAITHERSBURG MD 20899-0001

OPTION PERIOD IV

0005 Fabrication/Manufacturing of Instruments and Instrumentation in accordance with the attached Statement of Work.

Period of Performance: 12 Months

PAGE 2 OF 95 1333ND21RNB610021

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

BUILDING 301 SHIPPING AND RECEIVING

100 BUREAU DRIVE

GAITHERSBURG MD 20899-0001

FOB : Destination

0006 MOCK DELIVERY ORDER in accordance with the attached Mock Delivery Order

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

BUILDING 301 SHIPPING AND RECEIVING

100 BUREAU DRIVE

GAITHERSBURG MD 20899-0001

PAGE 3 OF 95 1333ND21RNB610021

Table of Contents

SECTION B SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 1352.216-75 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (APR 2010)

B.2 Description of Requirement

SECTION C DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 Statement of Work

C.2 Mock Order

SECTION D PACKAGING AND MARKING

D.1 NIST LOCAL-39MARKING/PACKING INSTRUCTIONS

SECTION E INSPECTION AND ACCEPTANCE

E.1 52.246-2 INSPECTION OF SUPPLIES--FIXED-PRICE (AUG 1996)

E.2 52.246-4 INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996)

E.3 52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)

E.4 1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

SECTION F DELIVERIES OR PERFORMANCE

F.1 52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

F.2 52.242-15 STOP-WORK ORDER (AUG 1989)

F.3 52.247-35 F.O.B. DESTINATION, WITHIN CONSIGNEE`s PREMISES (APR 1984)

F.4 NIST LOCAL-10DELIVERY INSTRUCTIONS

F.5 1352.270-70 PERIOD OF PERFORMANCE (APR 2010)

SECTION G CONTRACT ADMINISTRATION DATA

G.1 1352.201-70 CONTRACTING OFFICER?s AUTHORITY (APR 2010)

G.2 1352.201-72 CONTRACTING OFFICER`S REPRESENTATIVE (COR) (APR 2010)

G.3 1352.216-76 PLACEMENT OF ORDERS (APR 2010)

G.4 NIST LOCAL-55ELECTRONIC BILLING INSTRUCTIONS FOR DELIVERY/TASK ORDERS

G.5 Ordering Procedures

SECTION H SPECIAL CONTRACT REQUIREMENTS

H.1 1352.209-71 LIMITATION OF FUTURE CONTRACTING (APR 2010)

H.2 1352.209-71 IV LIMITATION OF FUTURE CONTRACTING (APR 2010) -- ALTERNATE IV (APR 2010)

H.3 1352.209-72 RESTRICTIONS AGAINST DISCLOSURE (APR 2010)

H.4 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

H.5 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

H.6 1352.216-74 TASK ORDERS (APR 2010)

H.7 1352.228-70 INSURANCE COVERAGE (APR 2010)

H.8 1352.237-75 KEY PERSONNEL (APR 2010)

H.9 1352.245-70 GOVERNMENT FURNISHED PROPERTY (APR 2010)

H.10 1352.271-83 GOVERNMENT REVIEW, COMMENT, ACCEPTANCE AND APPROVAL (APR 2010)

H.11 NIST LOCAL-22ORDERING PROCEDURES UNDER MULTIPLE AWARD CONTRACTS

H.12 NIST LOCAL-35TASK ORDER PROCEDURES

SECTION I CONTRACT CLAUSES

I.1 52.202-1DEFINITIONS (JUN 2020)

I.2 52.203-3 GRATUITIES (APR 1984)

I.3 52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

I.4 52.203-6RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN 2020)

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I.5 52.203-7ANTI-KICKBACK PROCEDURES (JUN 2020)

I.6 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (MAY

2014)

I.7 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

I.8 52.203-12LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN 2020)

I.9 52.203-13CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (JUN 2020)

I.10 52.203-17CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS (JUN 2020)

I.11 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011)

I.12 52.204-10REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (JUN 2020)

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

I.14 52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS (OCT 2016)

I.15 52.204-15 SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE-DELIVERY CONTRACTS (OCT 2016) 30

I.16 52.204-18COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

I.17 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

I.18 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED

BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018)

I.19 52.204-25PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT (AUG 2020)

I.20 52.209-6PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (JUN 2020)

I.21 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

I.22 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) 31

I.23 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015)

I.24 52.215-2AUDIT AND RECORDS--NEGOTIATION (JUN 2020)

I.25 52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)

I.26 52.216-19 ORDER LIMITATIONS (OCT 1995)

I.27 52.219-6NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2020)

I.28 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2018)

I.29 52.219-14 LIMITATIONS ON SUBCONTRACTING (MAR 2020)

I.30 52.219-28POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (NOV 2020)

I.31 52.222-3 CONVICT LABOR (JUN 2003)

I.32 52.222-19 CHILD LABOR--COOPERATION WITH AUTHORITIES AND REMEDIES (JAN 2020)

I.33 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

I.34 52.222-26 EQUAL OPPORTUNITY (SEPT 2016)

I.35 52.222-35EQUAL OPPORTUNITY FOR VETERANS. (JUN 2020)

I.36 52.222-36EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020)

I.37 52.222-37EMPLOYMENT REPORTS ON VETERANS (JUN 2020)

I.38 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010). 33

I.39 52.222-50COMBATING TRAFFICKING IN PERSONS (OCT 2020)

I.40 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2015)

I.41 52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

I.42 52.223-18ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (JUN 2020)

I.43 52.227-1AUTHORIZATION AND CONSENT (JUN 2020)

I.44 52.227-3 PATENT INDEMNITY (APR 1984)

I.45 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)

I.46 52.232-1 PAYMENTS (APR 1984)

I.47 52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

I.48 52.232-11 EXTRAS (APR 1984)

I.49 52.232-17 INTEREST (MAY 2014)

PAGE 5 OF 95 1333ND21RNB610021

I.50 52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

I.51 52.232-25 PROMPT PAYMENT (JAN 2017)

I.52 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

I.53 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

I.54 52.233-1 DISPUTES (MAY 2014)

I.55 52.233-3 PROTEST AFTER AWARD (AUG 1996)

I.56 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

I.57 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984)

I.58 52.242-13 BANKRUPTCY (JUL 1995)

I.59 52.243-1 CHANGES--FIXED-PRICE (AUG 1987)

I.60 52.243-7 NOTIFICATION OF CHANGES (JAN 2017)

I.61 52.246-23 LIMITATION OF LIABILITY (FEB 1997)

I.62 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR 2012)

I.63 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984)

I.64 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

I.65 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

I.66 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

I.67 52.245-1 GOVERNMENT PROPERTY (JAN 2017)

SECTION J LIST OF ATTACHMENTS

J.1 NIST Safety and Health Plan Guidelines

SECTION K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

K.1 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (SEP 2007)

K.2 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

K.3 52.204-17OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020)

K.4 52.204-20PREDECESSOR OF OFFEROR (AUG 2020)

K.5 52.204-24REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (OCT 2020)

K.6 52.204-26COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT 2020)

K.7 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-REPRESENTATION (NOV

2015)

K.8 52.209-5CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

K.9 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

K.10 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY

CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

K.11 52.209-12CERTIFICATION REGARDING TAX MATTERS (OCT 2020)

K.12 52.215-6 PLACE OF PERFORMANCE (OCT 1997)

K.13 52.219-1SMALL BUSINESS PROGRAM REPRESENTATIONS (NOV 2020)

K.14 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

K.15 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

K.16 52.225-18 PLACE OF MANUFACTURE (AUG 2018)

K.17 52.225-25PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS

RELATING TO IRAN--REPRESENTATION AND CERTIFICATIONS (JUN 2020)

K.18 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

K.19 52.233-2 SERVICE OF PROTEST (SEP 2006)

SECTION L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

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L.2 52.204-16COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

L.3 52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2017)

L.4 Addendum to FAR 215-1

L.5 52.216-1 TYPE OF CONTRACT (APR 1984)

L.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

L.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

L.8 1352.215-72 INQUIRIES (APR 2010)

L.9 1352.233-70 AGENCY PROTESTS (APR 2010)

L.10 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

SECTION M EVALUATION FACTORS FOR AWARD

M.1 Evaluation Factors

PAGE 7 OF 95 1333ND21RNB610021

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 1352.216-75 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (APR 2010)

During the term of the contract, the Government shall place orders totaling a minimum of $2,500.00 . The amount of all orders shall not exceed $9,000,000.00 .

(End of clause)

PAGE 8 OF 95 1333ND21RNB610021

B.2 Description of Requirement

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DESCRIPTION OF REQUIREMENT

This is an Indefinite Delivery Indefinite Quantity (IDIQ) for the fabrication/manufacturing of specialized engineering instrumentation.

The period of performance is one base year plus four 12-month Option Years.

The Government maximum ceiling for all orders issued under this IDIQ shall not exceed $9,000,000.00.

It is anticipated that firm fixed-price orders will be placed under this IDIQ.

An IDIQ is a contract which contains 1) Terms and Clauses applicable to the orders, 2) a statement of work which provides the types/range of requirements that will be set forth in individual delivery orders, if placed, and 3) methods for pricing, issuing, and delivering order under the IDIQ.

PAGE 10 OF 95 1333ND21RNB610021

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 Statement of Work

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STATEMENT OF WORK

Title: Fabrication/Manufacturing of Instruments and Instrumentation IDIQ Requesting Laboratory: National Institute of Standards & Technology (NIST) Center for Neutron Research (NCNR)

The Contractor must furnish the necessary personnel, material, equipment, and facilities (except as otherwise specified), to perform the following Statement of Work/Specifications.

A. Background Information General description of the requirement

The National Institute of Standards and Technology (NIST) Center for Neutron Research (NCNR) focuses on providing neutron measurement capabilities to the U.S. research community. It is the national center for research using thermal and cold neutrons, offering its instrumentation for the performance of world class scientific research by all qualified applicants. The focus of NCNR relies upon the safe, cost-effective, and reliable operation of the National Bureau of Standards Reactor (NBSR) as well as its ability to operate under and adhere to the licensing agreements of the Nuclear Regulatory Commission (NRC). Over the many years of its existence the reactor has undergone many modifications and upgrades to maintain it in good running order.

B. Purpose and Objectives of This Requirement

Overall program/project objectives:

The primary purpose of this contract is to identify and make awards for up to 6 contractors who are proficient in the development, design, manufacture, and installation of complex systems (sub-systems) in support of the NCNR facility operations and safety systems described herein.

This requires constant improvement of the facility in order to serve the nation as a whole in the capacity of the sole U.S. steady state neutron source available to the international scientific and engineering communities. This requires constant improvement and replacement of the Systems, Structures and Components (SSC) that comprise the NCNR. All the SSC act together to maintain the NCNR as a world class facility in which analytical science is performed.

Specific objectives of this requirement:

The objective of this procurement is to allow the NCNR to have access to world-class Fabrication/Manufacturing of Instruments and Instrumentation services under one or more IDIQ contract(s). Actual design-and-build objectives will be specified in subsequent Task Orders. Examples of requirements to be procured under this contract include, but are not limited to the following:

1 Improvements to, or replacement of NBSR components (for example temperature measurement, flow measurement, pressure measurement, or pH measurement).

2 Upgrades of key reactor systems and peripheral systems (for example gas analysis, water flow definition and analysis, and radioactivity measurements).

3 Installation of new existing scientific instrumentation or upgrades of existing instrumentation (for example neutron spectrometry, diffractometry, and reflectometry).

PAGE 12 OF 95 1333ND21RNB610021

C. Contractor Requirements

Typical Tasks to be performed by the Contractor.

The Government intends to order from a predefined schedule of tasks, examples of which are below. Typical tasks include, but are not limited to, items included on the reference list below.

1. CONCEPT DEVELOPMENT AND REQUIREMENTS ANALYSIS

Activity required under this contract involves concept studies, analysis, requirements definition, preliminary planning, the evaluation of alternative technical approaches and associated costs for the development or enhancement of high-level general performance specifications for analytical systems, structures and components.

1.1. Requirements analysis

1.2. Simulation

1.3. Modeling

1.4. Feasibility analysis

1.5. Manufacturability analysis

1.6. Reporting

2. DESIGN, ENGINEERING AND INTEGRATION

Services required involve the translation of a system, structure, or component concept into a detailed design (engineering documents, such as drawings and specifications).

2.1. Computer-aided design and modeling

2.2. Design studies and analysis

2.3. Detailed specification preparation

2.4. Document control

2.5. Fabrication/manufacture/construction instructions

2.6. Assembly instructions

2.7. Design Review

2.8. Reporting

3. BUILDING OF A FUNCTIONAL SYSTEM, STRUCTURE, OR COMPONENT (SSC)

Activity required involves the integration of various Systems, Structures and Components into a working sub-system (or sub-structure, or sub-components) that can be integrated into the

NCNR.

3.1. Parts manufacturing

3.2. Parts procurement

3.3. Building/assembling/constructing an integrated system.

3.4. Overseeing sub-contractors as required.

3.5. Physically Integrate (sub-)system into the NCNR

3.6. Providing manuals and other relevant paperwork related to the new SSC

3.7. Training on the use of the new SSC.

PAGE 13 OF 95 1333ND21RNB610021

4. TEST AND EVALUATION

Services required involve the application of various techniques demonstrating that a prototype system (subsystem, program, project or activity) performs in accordance with the objectives outlined in the original design

4.1. Testing of a prototype or first article

4.2. Verification and Validation

4.3. Safety Analysis

4.4. Quality Assurance

4.5. Reporting

D. Government Responsibilities

List of any Government-furnished data, property, or facilities:

At the Contractor's request, the Government will provide the Contractor access to the NCNR facilities for meetings and or observation of the circumstances that generated a particular requirement.

E. Reporting Requirements and Deliverables The Contractor(s) must provide to the Government all engineering documentation and any other defined deliverables, as defined in – or derived from – each Task Order awarded under the contract.

F. Program Management and Control Requirements Contractors must submit, with the quotation package, their internal Engineering Quality Plan, under the provisions of which task orders under the contract must be performed.

C.2 Mock Order

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MOCK DELIVERY ORDER

Title: Fabrication/Manufacturing of Instruments and Instrumentation

Requesting Laboratory: National Institute of Standards & Technology (NIST) Center for Neutron Research (NCNR)

NOTE: The Mock Delivery Order is a sample of the type of specialized instrumentation/equipment anticipated to be acquired under this IDIQ. This Mock Delivery Order does not constitute actual work and will only be used to assess the offeror’s capabilities in accordance with Section 6.

1. Background The NIST NCNR owns and operates a Test Reactor. This reactor is known by and licensed under the initialism NBSR, which stands for the National Bureau of Standards (NBS) Reactor. The NBSR is located on the NIST campus in Gaithersburg, Maryland, USA. The NBSR is heavy water (D2O) moderated and cooled, enriched fuel, tank-type reactor designed to operate at a thermal power level of 20 MW. The core is immersed in heavy water to thermalize fast neutrons to sustain the nuclear chain reaction, remove heat created by the reaction and serve as the first stage of shielding. The D2O inventory is contained in an enclosed process system that is blanketed by high purity helium gas to insulate the D2O from environmental air. The D2O must be sampled and analyzed at regular intervals. Samples are taken from a ½” pipeline that is transporting very pure Heavy Water (D2O) that is somewhat tritiated (with DTO). The average tritium concentration amounts to about 3 Curie/liter. This requirement seeks to eliminate the sample taking and replace the functionality thereof with an in-line monitoring system.

2. Requirements

2.1. The Contractor must provide all labor, materials and equipment to select, design, fabricate, deliver to NIST, and install dedicated in-line analytical equipment that can perform the following tasks:

2.1.1. Determine the tritium activity in the heavy water (D2O).

2.1.2. Determine the electrical conductivity of the D2O.

2.2. All material shall be compatible with purified D2O.

2.3. All analytical equipment shall be installed in the ½” lines mentioned above.

2.4. On future delivery orders, material selection will need to be approved by the

Contracting Officer’s Representative (COR) at some point during delivery order performance (for example during review). Since there will be no actual performance this does not apply to this mock delivery order.

2.5. Equipment must be able to be read remotely (4-20 mA).

2.6. Equipment must provide a graphical interface for the two parameters.

2.7. Contractor must provide training in the use of the equipment. Training shall be either in-person, virtual, or by the concomitant delivery of an appropriate manual.

3. Deliverables

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3.1. Draft Schedule (due with quotation).

3.2. Conceptual design documents.

3.3. Drawings (*.pdf format).

3.4. Kickoff meeting (typically 1 week after award of delivery order) – This is not a requirement of the Mock Order. It is listed here to demonstrate it may be required when/if an order is awarded against the IDIQ.

3.5. Kick-off meeting to be held using MicroSoft Teams or equivalent.

3.6. Preliminary design documents and drawings (*.pdf format). This is where the COR will review the choice of materials that are in touch with the D2O.

3.7. Final design documents and drawings (*.pdf format).

3.8. Bi-weekly status and planning meetings (kickoff meeting being the first one) from award of delivery order completion of the order. The meetings shall be virtual, arranged by the contractor and held on mutually agreed upon dates and times. NIST uses Microsoft Teams.

3.9. Contractor must submit to the COR written summaries of the content of each meeting (*.pdf format) Meeting schedule may be modified by mutual agreement between the contractor and the government’s technical representative.

3.10. In-line tritium activity measurement device and in-line conductivity measurement device.

3.11. Electronic copies of all final documentation (calculations, reports, drawings and final schedule) and user manuals.

3.12. User-manual must minimally include operational instructions, maintenance requirements, bill of materials, list of recommended spare parts and troubleshooting instructions.

4. Delivery The Contractor shall provide and deliver all assembled products, tools, documents and accessories to NIST within the period of performance.

Delivery shall be FOB Destination.

FOB 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 purchase order; and pay charges to the specified point of delivery. The Contractor shall deliver all Line Items to:

The National Institute of Standards & Technology 100 Bureau Drive, Building 235, Room K122 Gaithersburg, MD 20899

***Due to ongoing limited site access of the NIST facilities, the Awardee shall confirm with the Designated Government Official (COR TBA) and Contracting Officer (CO) prior to any shipment to NIST***

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5. Period of Performance For proposal preparation purposes, the period of performance for this Mock Delivery order shall be 6 months from DATE OF DELIVERY ORDER AWARD.

6. Acceptance The Government will deploy the delivered equipment to measure tritium activity and conductivity using a standard D2O sample with known tritium activity and know conductivity. It will also verify that appropriate materials have been used (in accordance with the documentation that was submitted by the contractor under deliverable 3.6).

7. Price The price offer for the Mock Delivery Order will be evaluated for price reasonableness. The Government will assess if the offered price is consistent with the technical approach and other requirements under this Mock Delivery Order. The Government will not conduct a price realism analysis for the Mock Order.

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SECTION D

PACKAGING AND MARKING

D.1 NIST LOCAL-39 MARKING/PACKING INSTRUCTIONS

(1)If the total contract/order includes multiple quantities of the same or like item(s), segregated as separate CLIN/Item numbers, deliverables shall be packed accordingly. Each individual package/container in the shipment shall include deliverables on a per-CLIN or Item basis.

(2)For each shipment made under this contract/order, the Contractor shall furnish itemized packing list(s), enumerating the specific contents of each shipping container and what specific individual components constitute a full and complete "unit" for each bid item. The packing list shall include the brief description of each item found in the Schedule. If more than one container is required for each unit, each container should be marked accordingly, e.g., "Box 1 of 2," "Box 2 of 2," and the boxes, where feasible, should be taped or shrink-wrapped together as an issuable unit.

(3)The contract number AND CONTRACT LINE ITEM NUMBER (CLIN) OR

ORDER ITEM NUMBER shall be placed on the exterior of all containers.

(End of Clause)

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SECTION E

INSPECTION AND ACCEPTANCE

E.1 52.246-2 INSPECTION OF SUPPLIES--FIXED-PRICE (AUG 1996)

(Reference 52.246-2)

E.2 52.246-4 INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996)

(Reference 52.246-4)

E.3 52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)

(Reference 52.246-16)

E.4 1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

(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

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SECTION F

DELIVERIES OR PERFORMANCE

F.1 52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

(Reference 52.242-17)

F.2 52.242-15 STOP-WORK ORDER (AUG 1989)

(Reference 52.242-15)

F.3 52.247-35 F.O.B. DESTINATION, WITHIN CONSIGNEE`s PREMISES (APR 1984) (Reference 52.247-35)

F.4 NIST LOCAL-10 DELIVERY INSTRUCTIONS

Contractor shall coordinate delivery (including installation and training if applicable) with the Technical Information Contact identified herein.

(END OF CLAUSE)

F.5 1352.270-70 PERIOD OF PERFORMANCE (APR 2010)

(a) The base period of performance of this contract is from DATE OF AWARD OFFER through 12 MONTH PLUS 4 OPTION YEARS . If an option is exercised, the period of performance shall be extended through the end of that option period.

(b) The option periods that may be exercised are as follows:

Period Start Date End Date Option I END DATE OF OF BASE PERIOD 12 MONTHS AFTER START DATE Option II End Date of Opt. Period I 12 Month After Start Date Option III End Date of Opt. Period II 12 Month After Start Date Option IV End Date of Opt. Period III 12 Month After Start Date

(c) The notice requirements for unilateral exercise of option periods are set out in FAR 52.217-9.

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SECTION G

CONTRACT ADMINISTRATION DATA

G.1 1352.201-70 CONTRACTING OFFICER?s AUTHORITY (APR 2010) (Reference 1352.201-70)

G.2 1352.201-72 CONTRACTING OFFICER`S REPRESENTATIVE (COR) (APR 2010)

(a) TBD is hereby designated as the Contracting Officer`s Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at:

100 Bureau Drive Gaithersburg, MD 20899

Phone Number: TBD Email: TBD

(b) The responsibilities and limitations of the COR are as follows:

(1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.

(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor.

G.3 1352.216-76 PLACEMENT OF ORDERS (APR 2010)

(a) The contractor shall provide goods and/or services under this contract only as directed in orders issued by authorized individuals. In accordance with FAR 16.505, each order will include:

(1) Date of order;

(2) Contract number and order number;

(3) Item number and description, quantity, and unit price or estimated cost or fee;

(4) Delivery or performance date;

(5) Place of delivery or performance (including consignee);

(6) Packaging, packing, and shipping instructions, if any;

(7) Accounting and appropriation data;

(8) Method of payment and payment office, if not specified in the contract;

(9) Any other pertinent information.

(b) In accordance with FAR 52.216-18, Ordering, the following individuals (or activities) are authorized to place orders against this contract:

The contractor shall provide goods and/or services under this contract only as directed in orders issued by authorized individuals. In accordance with FAR 16.505, each order will include:

(1) Date of order;

(2) Contract number and order number;

(3) Item number and description, quantity, and unit price or estimated cost or fee;

(4) Delivery or performance date;

(5) Place of delivery or performance (including consignee);

(6) Packaging, packing, and shipping instructions, if any;

(7) Accounting and appropriation data;

(8) Method of payment and payment office, if not specified in the contract;

(9) Any other pertinent information.

All warranted Contracting Officers in the NIST Acquisition Management Division are authorized to place orders against this IDIQ. A delivery order shall become a binding contract upon issuance. A delivery order is considered "issued" when signed by the Contracting Officer.

Delivery Orders will be issued on a firm fixed price basis. In accordance with FAR 16.505, each delivery order will include the following:

1- Date of order

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2 - Contract number and delivery order number 3 - Item number, description, quantity, and unit price or estimated cost or fee 4 - Delivery or performance date 5 - Place of delivery or performance (including consignee) 6 - Packaging, packing and shipping instructions (if any) 7 - Accounting and appropriation data 8 - Method of payment and payment office, if not specified in the contract 9 - Any other pertinent information

(c) If multiple awards have been made, the contact information for the DOC task and delivery order ombudsman is LaJuene Desmukes U.S Department of Commerce Office of Small & Disadvantaged Business Utilization Email: LDesmukes@doc.gov

G.4 NIST LOCAL-55 ELECTRONIC BILLING INSTRUCTIONS FOR DELIVERY/TASK ORDERS

NIST requires that Invoice/Voucher submissions are sent electronically via email to INVOICE@NIST.GOV.

Each Delivery/Task Order 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.

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G.5 Ordering Procedures

PAGE 23 OF 95 1333ND21RNB610021

ORDERING PROCEDURES UNDER MULTIPLE INDEFINITE DELIVERY INDEFINITE QUANTITY (IDIQ)

CONTRACT

The Contracting Officer will issue written orders prior to the Contractor’s commencement of any work.

This clause establishes procedures and criteria that will be used to provide multiple awardee a fair opportunity to be considered for each order issued under the Indefinite Delivery Indefinite Quantity (IDIQs).

(a) Except as provided for in paragraph (b) of this clause, for orders issued under multiple award IDIQs, each awardee will be provided a fair opportunity to be considered for each order in excess of $2,500.00.

Individual orders will be procured through competition among IDIQ awardees. The Government intends to limit competition to IDIQ awardees only.

Awardees are not obligated to submit quotes for all Requests for Quotation (RFQ), nor is the Government obligated to award an order, of any amount, to any IDIQ awardee. Failure to submit a quote for one order and/or late submission of a quote in response to a RFQ, will not preclude an awardee from being considered for future orders.

(b) Awardees need not be given an opportunity to be considered for each order in excess of $2,500.00 under the multiple award IDIQ if the Government determines that:

a. The agency’s need for supplies is of an urgency that providing such opportunity would result in unacceptable delays;

b. Only one Contractor is capable of providing the supplies required at the level of quality required because the supplies ordered are unusual or highly specialized.

c. The order should be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the agreement, provided that all awardees were given a fair opportunity to be considered on the original award.

d. Past performance information from previous orders may be used as a screen in selecting participants for solicitation of quotations for any given order.

This determination shall be documented in the delivery order file.

(c) Ordering shall take place through a competitive process. A RFQ package shall be forwarded to all awardees via e-mail to the attention of each awardees Project Director/Point of Contact.

RFQs shall identify a due date and time for quotes. It is the responsibility of the Contractor to provide updated Project Managers/directors and/or Point of Contacts to the Government in order to receive information and RFQs related to the IDIQ. The following documents shall be included in the RFQ package:

a. A listing of the deliverable(s), the quantities, and any special instructions or notes that apply;

b. The due date for quotations;

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c. The due date for delivery, after receipt of delivery order;

d. If award will be based on technical evaluation factors in addition to price, those factors shall be stated.

(d) Upon receipt of the RFQ Package, Contractor’s shall prepare a firm fixed-price quotation and submit that quotation to the Contract Specialist on or before the due date and time specified in the RFQ. Faxed and/or mailed quotation(s) will not be accepted. Quotations shall be sent via email submission.

All submissions must be received on or before the due date and time specified in the RFQ.

Quotations and/or supporting documentation received after the due date and time shall be considered late and will not be considered for award.

(e) The firm fixed-price quotation shall include all costs associated with the deliverable(s) and must include FOB Destination delivery terms for the parts specified in the RFQ.

(f) When submitting an e-mail response, the Contractor agrees to be bound by the originator of the email the same as if submitted under an original signature.

(g) All timely quotations shall be reviewed by the Contract Specialist, and if necessary, other authorized NIST Technical Personnel. The Contracting Officer reserves the right to enter into discussions with quoter’s as appropriate.

(h) Quoters must submit their best quotation in responding to individual RFQ. The Government intends to evaluate quotations and award an order without discussions. Therefore, the awardees’ initial quotation should contain the offeror’s best terms from a price standpoint and technical standpoint, when applicable. If discussions are conducted, the Contracting Officer will provide a common cut-off date for revised quotations to be submitted. Revised quotations shall be re-evaluated by the Contracting Officer and the COR as appropriate.

(i) Award shall be made to the Contractor submitting the lowest price quotation unless other evaluation factors are identified in the RFQ.

(j) In the absence of adequate price competition, the price quoted shall be evaluated for reasonableness by the Contracting officer with technical input from the COR if necessary.

(k) Upon completion of evaluation, the Contracting Officer will issue a firm fixed-price order to the successful quoter.

(l) Upon receipt of an executed order, the Contractor shall commence work.

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SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 1352.209-71 LIMITATION OF FUTURE CONTRACTING (APR 2010)

(Reference 1352.209-71)

H.2 1352.209-71 IV LIMITATION OF FUTURE CONTRACTING (APR 2010) -- ALTERNATE IV (APR 2010) (Reference 1352.209-71 IV)

H.3 1352.209-72 RESTRICTIONS AGAINST DISCLOSURE (APR 2010)

(Reference 1352.209-72)

H.4 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

(Reference 1352.209-73)

H.5 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

(Reference 1352.209-74)

H.6 1352.216-74 TASK ORDERS (APR 2010)

(Reference 1352.216-74)

H.7 1352.228-70 INSURANCE COVERAGE (APR 2010)

(a) Workers Compensation and Employer?s Liability. The contractor is required to comply with applicable federal and state workers'' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer?s liability section of the insurance policy, except when contract operations are so commingled with a contractor?s commercial operations that it would not be practical to require this coverage. Employer?s liability coverage of at least $100,000 shall be required, except in states with exclusive or monopolistic funds that do not permit workers'' compensation to be written by private carriers.

(b) General liability.

(1) The contractor shall have bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(2) When special circumstances apply in accordance with FAR 28.307-2(b), Property Damage Liability Insurance shall be required in the amount of $TBD .

(c) Automobile liability. The contractor shall have automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract.

Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

(d) Aircraft public and passenger liability. When aircraft are used in connection with performing the contract, the contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

(e) Vessel liability. When contract performance involves use of vessels, the Contractor shall provide, vessel collision liability and protection and indemnity liability insurance as determined by the Government.

H.8 1352.237-75 KEY PERSONNEL (APR 2010)

(a) The contractor shall assign to this contract the following key personnel:

NIST: TBD

(b) The contractor shall obtain the consent of the Contracting Officer prior to making key personnel substitutions. Replacements for key personnel must possess qualifications equal to or exceeding the qualifications of the personnel being replaced, unless an exception is approved by the Contracting Officer.

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(c) Requests for changes in key personnel shall be submitted to the Contracting Officer at least 15 working days prior to making any permanent substitutions. The request should contain a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. The Contracting Officer will notify the contractor within 10 working days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes.

H.9 1352.245-70 GOVERNMENT FURNISHED PROPERTY (APR 2010)

(Reference 1352.245-70)

H.10 1352.271-83 GOVERNMENT REVIEW, COMMENT, ACCEPTANCE AND APPROVAL (APR 2010)

(Reference 1352.271-83)

H.11 NIST LOCAL-22 ORDERING PROCEDURES UNDER MULTIPLE AWARD CONTRACTS

(a) If the government elects to award multiple contracts, the ordering procedures are as follows:

Except as provided for in paragraph (b) of this section, for orders issued under multiple award contracts, each awardee will be provided a fair opportunity to be considered for each order in excess of

$2,500.00. In determining the procedures for providing awardees a fair opportunity to be considered for each order, the Government shall compete the orders among all contract awardees. Accelerated or streamlined procedures may be used, such as oral proposals, when selecting a task order awardee. The government need not contact each of the awardees under the contract before selecting a task order awardee if the government has information available to ensure that each contractor is provided a fair opportunity to be considered for each order.

(b) Contract awardees need not be given an opportunity to be considered for each order in excess of $2,500.00 under multiple award contracts if the Government determines that:

(1) The agency's need for such supplies or services is of an urgency that providing such opportunity would result in unacceptable delays;

(2) Only one contractor is capable of providing such supplies or services required at the level of quality required because

PAGE 27 OF 95 1333ND21RNB610021

the supplies or services ordered are unique or highly specialized;

(3) The order should be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered on the original award; or

(4) It is necessary to place an order to satisfy a minimum guarantee.

H.12 NIST LOCAL-35 TASK ORDER PROCEDURES

(a) Any services to be furnished under this contract shall be ordered by the issuance of task orders. The Contracting Officer will issue written task orders prior to the contractor commencing any work. Each order, prior to issuance, will be separately evaluated for price reasonableness, or realism, as appropriate. The Contracting Officer will evaluate the technical and price proposals/quotes and if necessary, enter into written or oral discussions. Upon completion of all evaluations, and discussions, the Contracting Officer will issue a task order. A task order shall become a binding contract upon issuance. A task order is considered "issued" when signed by the Contracting Officer.

(b) A task order may be issued on a firm-fixed price basis, or with a ceiling price, which the contractor may not exceed. If the order includes a ceiling price, and the contractor has reason to believe that the labor payment and support costs for the order, which will accrue in the next thirty (30) days, will bring total cost to over 85 percent of the ceiling price specified in the order, the Contractor shall notify the Contracting

Officer in writing.

(c) Each task order will include (1) a numerical designation, (2) a description of the work, (3) delivery location, (4) the period of performance and schedule of deliverables, and (5) accounting and appropriation data certifying maximum dollar obligations(s).

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SECTION I

CONTRACT CLAUSES

I.1 52.202-1 DEFINITIONS (JUN 2020)

(Reference 52.202-1)

I.2 52.203-3 GRATUITIES (APR 1984)

(Reference 52.203-3)

I.3 52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

(Reference 52.203-5)

I.4 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN 2020)

(Reference 52.203-6)

I.5 52.203-7 ANTI-KICKBACK PROCEDURES (JUN 2020)

(Reference 52.203-7)

I.6 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014) (Reference 52.203-8)

I.7 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014) (Reference 52.203-10)

I.8 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN 2020) (Reference 52.203-12)

I.9 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (JUN 2020)

(Reference 52.203-13)

I.10 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS (JUN 2020)

(Reference 52.203-17)

I.11 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011) (Reference 52.204-4)

I.12 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (JUN 2020) (Reference 52.204-10)

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

(Reference 52.204-13)

I.14 52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS (OCT 2016)

(Reference 52.204-14)

I.15 52.204-15 SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE-DELIVERY CONTRACTS (OCT 2016) (Reference 52.204-15)

I.16 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

(Reference 52.204-18)

I.17 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) (Reference 52.204-19)

I.18 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED

BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018)

(Reference 52.204-23)

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I.19 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT (AUG 2020)

(Reference 52.204-25)

I.20 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (JUN 2020)

(Reference 52.209-6)

I…