RFQ 1333ND23QNB680388 CO2 6-30-23.pdf

Technical Grade Carbon Dioxide and Telemetry / 1333ND23QNB680388

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 13.5.

The solicitation number is 1333ND23QNB680388 and is a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2023-04 dated June 2, 2023.

1352.215-72 INQUIRIES (APR 2010)

Offerors must submit all questions concerning this solicitation in writing to both the Contract Specialist Nina Lin at nina.lin@nist.gov and the Contracting Officer Donald Collie at donald.collie@nist.gov. Questions should be received no later than seven (7) 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, only the responses included in the amendment to the solicitation will govern performance of the contract.

(End of Provision)

The associated North American Industrial Classification System (NAICS) code for this procurement is 325120 – Industrial Gas Manufacturing with a small business size standard of 1,200 employees.

This acquisition is 100% set-aside for woman owned, small business (WOSB).

BACKGROUND:

The National Institute of Standards and Technology (NIST) Center for Neutron Research (NCNR) intends to procure liquid carbon dioxide. This acquisition is necessary to allow for the safe and efficient operation of the Nuclear Reactor associated with the NCNR. The Liquid Carbon Dioxide (CO2) is used in a gaseous state as a purge gas around the reactor and experimental stations. It helps prevent the formation of radioactive gases that would be released to the environment. Failure to procure this product would cause the reactor to cease operation leading to a failure of the NCNR mission. The contractor shall deliver the liquid carbon dioxide by filling NCNR’s CO2 Bulk Tank with Technical Grade; Liquid; Grade B; 99.5 percent purity;

bulk and provide telemetry for the CO2 Bulk Tank. The bulk tank will be filled on an “as needed” basis with telemetry services over a period of performance consisting of a one-year base period beginning October 31, 2023, through October 30, 2024, followed by up to four consecutive option periods to be exercised on a yearly basis thereafter the end of the base year.

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 A: Statement of Work (SOW) Technical Grade Liquid Carbon Dioxide

All offerors shall provide a firm-fixed-price quotation for the following line items:

Contract Line Item Number (CLIN) Qty UNIT

UNIT

PRICE

APPLICABLE

DISCOUNTS

TOTAL

Base Year CLIN 0001 – Carbon Dioxide, delivered to NIST, Gaithersburg, MD. The Contractor shall fill a Government owned 52,000-pound storage tank with Carbon Dioxide on an AS REQUESTED basis in accordance with the Statement of Work

(SOW).

Carbon Dioxide Specifications: Technical Grade; Liquid; Grade B; 99.5 percent purity; bulk. Deliveries of carbon dioxide that do not meet these specifications will be rejected by the Government and replaced by the Contractor at no additional cost to the Government.

Estimated Usage: The total estimated usage for Base Year is 1,000,000 pounds.

Usage totals are estimates only. NIST shall pay for the actual amount of the delivery.

Lot

(Indicate price per pound here:

CLIN 0002 – Telemetry units in accordance with the attached SOW.

Minimum Percentage of 20%: The Contractor shall not let the 52,000-pound CO2 storage tank level go below the Minimum Percentage of 20% tank capacity, unless approved by the

COR/ACOR.

Reorder Percentage of 40%: The Contractor shall reorder a delivery if the 52,000-pound CO2 storage tank level

Months reaches the Reorder Percentage of 40% tank capacity, unless approved by the

COR/ACOR.

Option Year I CLIN 1001 – Carbon Dioxide, delivered to NIST, Gaithersburg, MD. The Contractor shall fill a Government owned 52,000-pound storage tank with Carbon Dioxide on an AS REQUESTED basis in accordance with the SOW.

Carbon Dioxide Specifications: Technical Grade; Liquid; Grade B; 99.5 percent purity; bulk. Deliveries of carbon dioxide that do not meet these specifications will be rejected by the Government and replaced by the Contractor at no additional cost to the Government.

Estimated Usage: The total estimated usage for Option Year I is 1,000,000 pounds. Usage totals are estimates only.

NIST shall pay for the actual amount of the delivery.

pound

CLIN 1002 – Telemetry units in

Minimum Percentage of 20%: The Contractor shall not let the 52,000-pound CO2 storage tank level go below the Minimum Percentage of 20% tank capacity, unless approved by the

COR/ACOR.

Reorder Percentage of 40%: The Contractor shall reorder a delivery if the 52,000-pound CO2 storage tank level reaches the Reorder Percentage of 40% tank capacity, unless approved by the

COR/ACOR.

Option Year II

CLIN 2001 – Carbon Dioxide, delivered to NIST, Gaithersburg, MD. The Contractor shall fill a Government owned 52,000-pound storage tank with Carbon Dioxide on an AS REQUESTED basis in accordance with the SOW.

Carbon Dioxide Specifications: Technical Grade; Liquid; Grade B; 99.5 percent purity; bulk. Deliveries of carbon dioxide that do not meet these specifications will be rejected by the Government and replaced by the Contractor at no additional cost to the Government.

Estimated Usage: The total estimated usage for Option Year II is 1,000,000 pounds. Usage totals are estimates only.

pound

CLIN 2002 – Telemetry units in

Minimum Percentage of 20%: The Contractor shall not let the 52,000-pound CO2 storage tank level go below the Minimum Percentage of 20% tank capacity, unless approved by the

COR/ACOR.

Reorder Percentage of 40%: The Contractor shall reorder a delivery if the 52,000-pound CO2 storage tank level reaches the Reorder Percentage of 40% tank capacity, unless approved by the

Option Year III

CLIN 3001 – Carbon Dioxide, delivered to NIST, Gaithersburg, MD. The Contractor shall fill a Government owned 52,000-pound storage tank with Carbon Dioxide on an AS REQUESTED basis in accordance with the SOW.

Carbon Dioxide Specifications: Technical Grade; Liquid; Grade B; 99.5 percent purity; bulk. Deliveries of carbon dioxide that do not meet these specifications will be rejected by the Government and replaced by the Contractor at no additional cost to the Government.

Estimated Usage: The total estimated usage for Option Year III is 1,000,000 pound pounds. Usage totals are estimates only.

CLIN 3002 – Telemetry units in

Minimum Percentage of 20%: The Contractor shall not let the 52,000-pound CO2 storage tank level go below the Minimum Percentage of 20% tank capacity, unless approved by the

COR/ACOR.

Reorder Percentage of 40%: The Contractor shall reorder a delivery if the 52,000-pound CO2 storage tank level reaches the Reorder Percentage of 40% tank capacity, unless approved by the

Option Year IV

CLIN 4001 – Carbon Dioxide, delivered to NIST, Gaithersburg, MD. The Contractor shall fill a Government owned 52,000-pound storage tank with Carbon Dioxide on an AS REQUESTED basis in accordance with the SOW.

Carbon Dioxide Specifications: Technical Grade; Liquid; Grade B; 99.5 percent purity; bulk. Deliveries of carbon dioxide that do not meet these specifications will be rejected by the Government and replaced by the Contractor at no additional cost to the Government.

Estimated Usage: The total estimated usage for Option Year IV is 1,000,000 pounds. Usage totals are estimates only.

pound

CLIN 4002 – Telemetry units in

Minimum Percentage of 20%: The Contractor shall not let the 52,000-pound CO2 storage tank level go below the Minimum Percentage of 20% tank capacity, unless approved by the

COR/ACOR.

Reorder Percentage of 40%: The Contractor shall reorder a delivery if the 52,000-pound CO2 storage tank level reaches the Reorder Percentage of 40% tank capacity, unless approved by the

TOTAL Base and All Options: $ _____________________

FAR PROVISION 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES, applies to this acquisition and below is an addendum to this provision:

INSTRUCTIONS:

System for Award Management (SAM) Registration

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.

DUE DATE FOR QUOTATIONS

Offerors shall submit their electronic quotations, via email, so that NIST receives them not later than the offers due date and time specified in the SAM.gov solicitation announcement. E-mail quotations shall be submitted directly to the Contract Specialist Nina Lin at nina.lin@nist.gov and the Contracting Officer Donald Collie at donald.collie@nist.gov.

Please reference the RFQ number in the subject line of email communications. 0fferors quotations shall not be deemed received by the Government until the quotation is entered in the e-mail inbox set forth above.

Addendum to FAR 52.212-1, 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. All pages of the quotation shall be appropriately numbered.

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 – Price Quotation Volume III – Terms and Conditions

Volume I - Technical Quotation:

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

Technical Quotation: No pricing information shall be included in this volume. The offeror 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 SOW (Attachment A). The documentation shall clearly describe, in sufficient detail, the vendor's authority, proposed items, resources and methods to successfully fulfill the requirements. The submission shall clearly identify each line item above. The submission must demonstrate that the proposed solution meets or exceeds requirements described in the SOW by providing a citation between the SOW 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.

Volume II - Price Quotation

The offeror shall submit one (1) copy of their entire price quotation, electronically via e-mail to the above identified Contract Specialist and Contracting Officer. The price quotation shall be separate from any other portion of the quotation. The offeror shall propose a firm-fixed-price 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.

Volume III - Terms and Conditions

Offerors shall provide a completed copy of FAR provisions listed below:

1. 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services (DEC 2022). 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.

2. 52.225-6, Trade Agreements Certificate (Feb 2021)

3. 52.225-18, Place Of Manufacture (Aug 2018)

4. 52.229-11, Tax on Certain Foreign Procurements—Notice and Representation (Jun 2020)

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 quotation any exceptions to the terms and conditions of the solicitation. If the contractor does not include such a statement, the submission of a quotation in response to this solicitation will be regarded as the Contractor's acceptance of the Government's terms and conditions for inclusion into the resultant purchase order (PO).

Note: This procurement is not being conducted under the GSA Federal Supply Schedule (FSS) program or another Government-Wide Area Contract (GWAC). If an Offeror submits a quotation based upon an FSS or GWAC contract, the Government will accept the proposed price.

However, the terms and conditions stated herein will be included in any resultant purchase order, not the terms and conditions of the Offeror's FSS or GWAC contract, and the statement required above shall be included in the quotation.

NAICS Code:

If the Offeror’s representations and certifications do not reflect the NAICS code governing this solicitation, Offerors must submit documentation that they are a small business under the NAICS code governing this solicitation.

(End of Addendum to Provision 52.212-1)

FAR PROVISION 52.212-2, EVALUATION-COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES applies to this acquisition. 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 using simplified acquisitions procedures for Certain Commercial Products and Commercial Services in accordance with FAR subpart 13.5. The Government reserves the right not to award a PO and to make an award without discussions based solely upon initial quotes.

Contractors are strongly encouraged to submit their best technical solutions and price in response to this RFQ.

Basis for Award:

The government will make an award to the responsible offeror who: (1) Meets all required technical specifications as determined by a review of documentation submitted in accordance with this solicitation.; (2) Proposes a reasonable price.

Evaluation Factors:

Factor 1: Technical Capability: The Government will evaluate the adequacy of the proposed solution to meet solicitation requirements. Evaluation of technical capability shall be based on the information provided in the quotation. NIST will evaluate whether the offeror has demonstrated that its proposed products meets all requirements. Quotations that do not demonstrate the proposed products meets all requirements will not be considered further for award. If an offeror does not indicate whether its proposed products meets a certain requirement, NIST will determine that it does not.

Factor 2: Price: Price will be evaluated on quotations that are technically acceptable. The evaluation will determine whether the proposed prices are fair and 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.

(End of Provision 52.212-2)

SOLICITATION PROVISIONS AND CLAUSES:

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

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

PROVISIONS Incorporated By Reference FAR 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (SEP 2007) FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements – Representation (JAN 2017) FAR 52.204-7 System for Award Management (OCT 2018) FAR 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020) FAR 52.204-17 Ownership or Control of Offeror (August 2020) FAR 52.204-20 Predecessor Of Offeror (AUG 2020) FAR 52.204-24 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) FAR 52.204-26 Covered Telecommunications Equipment or Services - Representation (OCT 2020) FAR 52.209-2 Prohibition on Contracting With Inverted Domestic Corporations-Representation

(NOV 2015)

FAR 52.209-5 Certification Regarding Responsibility Matters. (AUG 2020) FAR 52.209-7 Information Regarding Responsibility Matters. (OCT 2018) FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (FEB 2016) FAR 52.212-1 Instructions to Offerors -- Commercial Items (NOV 2021)

FAR 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (DEC 2022) FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran – Representation and Certifications (JUN 2020)

PROVISIONS Incorporated By Full Text Additionally, the highlighted provisions are required to be completed and returned with the quotation Volume III response:

FAR 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (Dec 2022) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(b)

(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(End of provision)

FAR 52.225-6 Trade Agreements Certificate (February 2021)

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

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

Other End Products:

Line Item No. Country of Origin

[List as necessary]

(c) The Government will evaluate offers in accordance with the policies and procedures of part 25 of the Federal Acquisition Regulation. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for those products are insufficient to fulfill the requirements of this solicitation.

(End of provision)

FAR 52.225-18 Place of Manufacture (August 2018)

(a) Definitions. As used in this provision— “Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000- 9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

(b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- [ ] (1) In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

[ ] (2) Outside the United States.

(End of provision)

FAR 52.229-11 Tax on Certain Foreign Procurements--Notice and Representation (JUN 2020)

(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.

(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.

(End of Provision)

CAR 1352.233-70 Agency Protests (APR 2010)

(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: Donald Collie, 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 (APR 2010)

(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 Incorporated by Reference FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020) FAR 52.204-13 System for Award Management Maintenance (OCT 2018) FAR 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) FAR 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) FAR 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services

(DEC 2022)

FAR 52.229-12 Tax on Certain Foreign Procurements (FEB 2021) FAR 52.232-39 Unenforceability Of Unauthorized Obligations (JUN 2013) FAR 52.247-35 F.O.B. Destination, Within Consignee`s Premises (APR 1984) CAR 1352.201-70 Contracting Officer's Authority (APR 2010) CAR 1352.209-73 Compliance with the Laws (APR 2010) CAR 1352.209-74 Organizational Conflict of Interest (APR 2010)

CLAUSES Incorporated by Full Text

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (MAR 2023)

(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) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 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:

52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (31 U.S.C. 6101 note).

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).

52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

52.219-8, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C. 637(d)(2) and (3)).

52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637(a)(14)).

52.219-28, Post Award Small Business Program representation (Oct 2022) (15 U.S.C.

632(a)(2).

52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) ( 15 U.S.C. 637(m)).

52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).

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

52.222-19, Child Labor—Cooperation with Authorities and Remedies (Dec 2022) (E.O.

13126).

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

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

52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

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

52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

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

13627).

52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (June 2020) (E.O. 13513).

52.225-5, Trade Agreements (DEC 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note) 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).

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

(End of clause)

FAR 52.217-7 Option for Increased Quantity-Separately Priced Line Item (MAR 1989) The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting

Officer may exercise the option by written notice to the Contractor within 5 days prior to expiration. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

FAR 52.217-9, Option to Extend the Term of the Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 5 days before expiration of the current period of performance; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 10 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months.

(End of Clause)

FAR 52.252-2 Clauses Incorporated By Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

FAR Clauses: https://www.acquisition.gov/browse/index/far CAR Clauses: https://www.acquisition.gov/car

(End of Clause)

CAR 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. 20899-0001.

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

During 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 you have been, or are notified that you are to work under an excepted status, you will automatically enter a temporary work stoppage. The work stoppage shall remain in effect until the lapse is resolved and notification is provided via the NIST website at https://www.nist.gov/ and/or the NIST operating status lines. 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 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 cause the government to incur additional obligations during the lapse in appropriation may continue performance.

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.

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

Department of Commerce Electronic Submission of Payment Requests for Existing Contract Actions 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: 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.