RFQ 1333ND26QNB610342 NON_DESTRUCTIVE TESTING TRAINING COURSE.pdf

RFQ IFB RFP

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODEFACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

17a CONTRACTOR/

OFFEROR.

CODE

8 (A)

SIZE STANDARD:

NAICS:

% FOR:SET ASIDE:UNRESTRICTED OR

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

10. THIS ACQUISITION IS

EDWOSB

SMALL BUSINESS PROGRAM

NB610010-26-01723

1333ND26QNB610342

ROBERT SINGMAN

RJS2@EMAIL.NIST.GOV 301-975-6388

11:00 AM ET

000SB

NATIONAL INST OF STDS AND TECHNOLOGY

100 BUREAU DRIVE STOP 1640

BUILDING 301 ROOM B129

GAITHERSBURG MD 20899-1640

541690

$19.0M

000004

NATIONAL INST OF STDS AND TECHNOLOGY

BUILDING 301 SHIPPING AND RECEIVING

100 BUREAU DRIVE

GAITHERSBURG MD 20899-0001

see continuation page for line item details.

See Schedule

JUL 17, 2026

Please

RFQ 1333ND26QNB610342– NON-DESTRUCTIVE TESTING TRAINING COURSE

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

(II) The solicitation number is 1333ND26QNB610342 and this solicitation is a Request for Quotation (RFQ).

(III) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2026-01 dated March 13, 2026, and the Revolutionary FAR Overhaul (RFO), supplemented by Department of Commerce Acquisition Policy

(IV) The applicable North American Industrial Classification System (NAICS) code for this procurement is 541690 – Other Scientific and Technical Consulting Services. The associated small business size standard is $19.0 million.

(V) This RFQ is unrestricted. No set aside is used.

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

BACKGROUND

The National Institute of Standards and Technology (NIST) Center for Neutron Research (NCNR) owns and operates a 20 MW nuclear test reactor called the National Bureau of Standards Reactor (NBSR). The NBSR is located on the NIST campus in Gaithersburg, Maryland, USA. The NBSR is a heavy water D2O-cooled and moderated reactor. Maintaining an aging reactor requires the capability to assess and validate the health of system components, such as piping and valves, of materials such as Aluminum, Stainless Steel, and Carbon Steel.

The Government requires a contractor to provide custom, on-site training course for 20 NCNR personnel, that will instruct participants on how to use selected equipment to perform non-destructive testing of reactor system components and how to interpret the data for a health assessment of the system. As a result of this training, NCNR personnel shall be capable of performing non-destructive tests on reactor system piping and valves to preemptively address degradation and effectively develop a system maintenance plan.

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

PRICING

The table below identifies the required contract line item numbering (CLIN) structure for this Solicitation. All line items shall use firm fixed pricing.

Line # Item Description Qty Price

0001 NDT Training

NDT training course in how to use various ultrasonic, eddy current, and magnetic inspection tools and interpretation of results for NDT inspections. (Please see the statement of work for detailed requirements and tasks) 1

0002 Travel

DESCRIPTION OF REQUIREMENTS

Please see the attached Statement of Work/Requirement for specifications.

RESPONSE INSTRUCTIONS

CAR 1352.215-73 INQUIRIES (APR 2010):

Quoters must submit all questions concerning this solicitation in writing electronically to Robert Singman, Contracting Officer, at robert.singman@nist.gov. Questions must be received by or before July 10, 2026, at 11:00 AM ET. Any responses to 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 question responses included in the amendment to the solicitation will govern performance of the contract.

Quotation Due Date Quotations shall be submitted via email to robert.singman@nist.gov so that they are received by or before July 22, 2026, at 11:00 AM ET. To be considered for award, the Quoter must be an “active” registrant in the U.S. System for Award Management (SAM) at time of solicitation close.

Instructions to Offerors—Commercial Products and Commercial Services (JAN 2026) Deviation

The Quoter’s quotation shall be submitted electronically via email to robert.singman@nist.gov and shall consist of three volumes as detailed below. Each quotation volume shall include the Quoter’s name, , UEI number, and CAGE code in the cover page, header/footer, or other easily identified location. The Contracting Officer intends to award a task order without discussions, but reserves the right to enter into discussions if in the best interest of the Government.

QUOTATION PREPARATION INSTRUCTIONS:

All quotations shall conform to solicitation provisions/clauses and be prepared in accordance with this section. The quotation shall be clearly and concisely written as well as be neat, indexed (cross-indexed as appropriate) and logically assembled. Note: The term “indexed” refers to a table of contents that lists sections and page numbers. In the event that the Offeror is unable to create an indexed quotation, an alternative approach such as a Table of Contents shall suffice.

All pages of the quotation shall be appropriately numbered. A cover letter may be included in addition to Volumes I-III discussed below.

In preparing the quotation, each volume shall stand on its own. For each given evaluation factor, the Government will only evaluate the information provided in the corresponding section of the quotation. The Offeror’s quotation shall be clearly divided into the following distinct volumes:

Volume I – Technical Quotation Volume II – Price Quotation Volume III- Terms and Conditions

Volume I - Technical Quotation:

This volume shall contain the Quoter’s cover letter and technical response. Cover letter and technical response (not including cover page, table of contents, or key personnel resume(s)) shall not exceed seven (7) single sided pages. Text shall be no less than 12-point Time New Roman font, in read-only Microsoft Word or searchable Adobe PDF format.

The cover letter shall include the name, title, phone number, and email address of the Quoter’s primary solicitation point of contact and the individual authorized to negotiate on behalf of the Quoter (if negotiations are determined to be necessary).

The technical response shall include the following:

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

Factor 1 - Technical Approach:

The quoter shall describe its technical approach to performing each task in the PWS, demonstrating the quoter’s understanding of the requirements and the effectiveness and feasibility of the proposed approach. The quoter shall also describe how it will manage schedule, logistics and staffing effectively.

1. The offeror shall clearly describe, in sufficient detail, the vendor's experience of equipment such as various ultrasonic, eddy current, and magnetic inspection tools.

2. The offeror shall describe how they will develop the NDT training course.

3. The offeror shall provide two experiences within the past 5 years that is similar in nature to the NDT training requirement.

Factor 2 - Key Personnel-Staff:

The quoter shall provide a resume for each key personnel proposed, demonstrating that the proposed key personnel have the appropriate education, qualifications and experience to efficiently and effectively perform the requirements. The quoter shall clearly demonstrate that the proposed key personnel meet the minimum qualifications detailed in the PWS (The instructor shall be certified to perform non-destructive testing through ASNT (Level II or Level III) or ISO 9712.). In addition, the contractor should provide the proposed staff working on the project. The proposed staff have the appropriate qualifications and experience to efficiently and effectively perform the requirements .

Volume II - Price Quotation:

The offeror shall submit one (1) copy of their entire quotation, electronically, via E-mail to the Contract Specialist and Contracting Officer identified above. The pricing quotation shall be separate from any other portion of the quotation. The offeror shall propose a firm-fixed-price quotation for each CLIN to include all shipping costs (FOB Destination) and tariffs, if applicable.

The price quotations shall remain valid for a period of 90 days from the date quotations are due.

Volume III – Terms and Conditions:

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

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

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

EVALUATION CRITERIA

The Government intends to award a single firm fixed price purchase order (PO) from this solicitation utilizing simplified acquisitions procedures in accordance with FAR part 12. The Government reserves the right not to award a PO and to make an award without discussions based solely upon initial quotes.

Basis for Award:

Award shall be made to the offeror whose quotation offers the best value to the Government price and other factors considered. The Government will evaluate quotations based on the following evaluation criteria: 1) Technical Capability-Approach, 2) Key Personnel and staffing and 3) Price. Technical Capability-Approach is paramount then Key Personnel and staffing. All the non-price factors, when combined, are more importance than price. Price may become the deciding factor if two or more vendors are rated the same. The Government reserves the right to make an award to other than the lowest priced offeror or to the offeror with the highest technical score if the Contracting Officer determines that to do so would result in the best value to the Government.

Factor 1 - Technical Approach - Evaluation of Technical Approach shall be based on the information provided in the quotation. NIST will evaluate whether the quoter demonstrates that the offered product(s) meet or exceed the specifications of the Statement of Work. Quotations that do not demonstrate compliance with the minimum specifications will not be considered further for award. The offeror needs to demonstrate their understanding of the requirement which described in the Statement of Work. In addition, the offeror needs to demonstrate the following

1. The offeror capability to equipment such as various ultrasonic, eddy current, and magnetic inspection tools during the NDT training course.

2. The offeror shall demonstrate their capability to develop NDT training course.

3. The offeror shall demonstrate their capability to perform the NDT training requirement.

Factor 2 - Key Personnel and Staffing - The Government will evaluate the offeror’s key personnel and staff to successfully perform all requirements in regards to the statement of work.

The Government will evaluate the extent to which the key personnel and staff (including subcontractors, if any) demonstrate the experience to perform the requirements in the statement of work. The resumes submitted by the offeror’s proposed staff demonstrate they have the qualifications and experience to meet the requirements in the performance work statement.

1. The offeror needs to demonstrate that the staff is certified to perform non-destructive testing through ASNT (Level II or Level III) or ISO 9712.

Factor 3 - Price: The Government will evaluate price for reasonableness.

(End of provision 52.212-2)

PROVISIONS

FAR 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sept 2024) FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality FAR 52.204-7, System for Award Management (Deviation OCT 2026) FAR 52.204-16, Commercial and Government Entity Code Reporting (JUL 2016) FAR 52.204-17, Ownership or Control of Offeror (JUL 2016) FAR 52.204-20 Predecessor Of Offeror (JUL 2016) FAR 52.209-2 Prohibition On Contracting With Inverted Domestic Corporations-Representation

(NOV 2015)

FAR 52.209-5 Certification Regarding Responsibility Matters (DEVIATION JAN 2026) FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (DEVIATION JAN 2026) FAR 52.209-12 Certification Regarding Tax Matters (Oct 2025) FAR 52.240-90 Security Prohibitions and Exclusions Representations and Certifications.

(DEVIATION JAN 2026)

CLAUSES

FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Jun 2020) FAR 52.203-17 Contractor Employee Whistleblower Rights (Nov 2023) FAR 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

(DEVIATION JAN 2026)

FAR 52.204-13 System For Award Management Maintenance (Deviation Jan 2026) FAR 52.204-19 Incorporation By Reference Of Representations And Certifications (Dec 2014) FAR 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (DEVIATION JAN 2026) FAR 52.209-7 Information Regarding Responsibility Matters (DEVIATION JAN 2026) FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (DEVIATION

JAN 2026)

FAR 52.219-8 Utilization of Small Business Concerns (DEVIATION JAN 2026) FAR 52.219-28 Post-award Small Business Program Representation (DEVIATION JAN 2026) FAR 52.222-3 Convict Labor (Jun 2003) FAR 52.222-18 Certification Regarding Knowledge of Child Labor for Listed End Products

(DEVIATION JAN 2026)

FAR 52.222-19 Child Labor—Cooperation with Authorities and Remedies (DEVIATION JAN 2026) FAR 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) FAR 52.222-41 Service Contract Labor Standards (Deviation Jan 2026) FAR 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Deviation Jan 2026) FAR 52.222-50 Combating Trafficking in Persons (DEVIATION JAN 2026) FAR 52.222-54 Employment Eligibility Verification (Deviation Jan 2026) FAR 52.222-62 Paid Sick Leave Under Executive Order 13706 FAR 52.222-90 Addressing DEI Discrimination by Federal Contractors (DEVIATION APR 2026) FAR 52.223-3 Hazardous Material Identification And Material Safety Data (Jan 1997) FAR 52.223-23 Sustainable Products and Services (May 2024) FAR 52.226-7 Drug-Free Workplace (May 2024) FAR 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) FAR 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) FAR 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) FAR 52.232-40 Providing Accelerated Payment to Small Business Subcontractors (DEC 2013) FAR 52.233-3 Protest After Award (AUG 1996) FAR 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) FAR 52.237-2 Protection Of Government Buildings, Equipment, And Vegetation (APR 1984) FAR 52.239-1 Privacy or Security Safeguards (AUG 1996) FAR 52.247-35 F.O.B. Destination, Within Consignee’s Premises (APR 1984) FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

CAR 1352.201-70, Contracting Officer's Authority (APR 2010) CAR 1352.239-72 Security Requirements for Information Technology Resources (APR 2010) CAR 1352.209-73 Compliance with the Laws (APR 2010) CAR 1352.209-74 Organizational Conflict of Interest (APR 2010) CAR 1352.237-75 Key Personnel (APR 2010)

Full Text Provision and Clauses:

FAR 52.212-4 TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEVIATION DATE)

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

(b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights—

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

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

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

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

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall—

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

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

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

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

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

(i) Payment—

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

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

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

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

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

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

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

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

(D) Contractor point of contact; and

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

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

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

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

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C.

chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services;

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

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

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

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

(8) The specification.

(s) Unauthorized obligations.

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

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

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

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

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

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

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This clause does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

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

(End of clause)

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:

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.

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:

U.S. Department of Commerce National Institute of Standards and Technology ATTN: Robert Singman

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:

U.S. Department of Commerce National Institute of Standards and Technology

ATTN: HEAD OF THE CONTRACTING OFFICE (HCO)

100 Bureau Drive, MS 1640 Gaithersburg, MD 20899

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

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

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

Washington, D.C. 20230.

FAX: (202) 482-5858

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 Washington, D.C. 20230.

FAX: (202) 482-5858

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:

National Institute of Standards and Technology 100 Bureau Drive, Gaithersburg, MD 20899 (End of clause)

NIST LOCAL-53 CONTRACT PERFORMANCE DURING CHANGES IN NIST

OPERATING STATUS

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

identification requirements; parking information and more.

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

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

Gaithersburg Campus Operating Status Line:

(301) 975-8000

(800) 437-4385 x8000 (toll free)

Boulder Campus Operating Status Line:

(303) 497-4000

(303) 497-3000 option 2

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

NIST will provide notification to all contractors that are determined to have excepted status.

All excepted contractors are required to continue performance and communicate with the appointed Contracting Officer's Representative (COR) for further guidance, or NIST Contracting Officer if a COR is not appointed.

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

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

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)

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

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

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

The Contractor must use the IPP website to register, access, and use IPP for submitting payment requests. If not already enrolled, the Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email within three to five business days of the addition of the contract award to IPP. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email: IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131. If the Contractor is unable to comply with the requirement to use IPP for submitting payment requests, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation. Contact the contracting officer for more information on submitting a waiver request.

https://www.ipp.gov/