Solicitation_-_Mechanical.pdf

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Attached to
Multiple Award IDIQ for Mechanical Work Federal contract opportunity
Solicitation number
SB1341-14-RP-0050
Issued by
Department of Commerce National Institute of Standards and Technology

About this file

Solicitation The only site visit for this action will take place on Wednesday July 30th at 10 00am. If you would like to attend please contact Joshua Alderoty at joshua.alderoty nist.gov with the subject line Site Visit for Mechanical IDIQ . This will be the only site visit offered for this action. Telephone requests will not be honored and a bidders list will not be maintained. Potential offerors are requested to direct all questions via e-mail to joshua.alderoty nist.gov.

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Other files for this federal contract opportunity

Other files attached to Multiple Award IDIQ for Mechanical Work, newest first.
File Type Posted
Site_Visit_Sign_In.pdf PDF
Amendment_3.pdf PDF
Section_L-Mechanical_IDIQ.docx DOCX document
Amendment_2.pdf PDF
Drawings.zip ZIP file
Amendment_1.pdf PDF
Map_of_NIST.pdf PDF

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Text version

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

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

SOLICITATION

1. SOLICITATION NO.

5. REQUISITION/PURCHASE REQUEST NO.

CODE

6. PROJECT NO.

8. ADDRESS OFFER TO

4. CONTRACT NO.

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

11. The contractor shall begin performance

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than

NSN 7540-01-155-3212 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

See Attached

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE

STANDARD FORM 1442 (REV. 4-85) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

27. PAYMENT WILL BE MADE BY

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )

20b. SIGNATURE 20c. OFFER DATE

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

PAGE 3 OF 68 SB1341-14-RP-0050

0001 Base Year: Mechanical IDIQ

Contractor to provide all labor, material, equipment, and supervision to complete Mechanical Construction activities to include: HVAC installtion/repair, plumbing, sheetmetal fabrication, and modify/repair sprinkler systems.

PR NUMBER: NB193000-14-01320

DELIVERY DATE: 04/01/2014

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

BUILDING 301 SHIPPING AND RECEIVING

100 BUREAU DRIVE

GAITHERSBURG MD 20899-0001

FOB : Destination Period of Performance: 08/01/2014 to 07/31/2015

1.00 JB

OPT

0002 Option Year 1: Mechanical IDIQ

Contractor to provide all labor, material, equipment, and supervision to complete Mechanical Construction activities to include: HVAC installtion/repair, plumbing, sheetmetal fabrication, and modify/repair sprinkler systems.

PR NUMBER: NB193000-14-01320

DELIVERY DATE: 04/01/2014

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

BUILDING 301 SHIPPING AND RECEIVING

100 BUREAU DRIVE

GAITHERSBURG MD 20899-0001

FOB : Destination Period of Performance: 08/01/2015 to 07/31/2016

1.00 JB

OPT

0003 Option Year 2: Mechanical IDIQ

Contractor to provide all labor, material, equipment, and supervision to complete Mechanical Construction activities to include: HVAC installtion/repair, plumbing, sheetmetal fabrication, and modify/repair sprinkler systems.

PR NUMBER: NB193000-14-01320

DELIVERY DATE: 04/01/2014

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

BUILDING 301 SHIPPING AND RECEIVING

100 BUREAU DRIVE

GAITHERSBURG MD 20899-0001

FOB : Destination Period of Performance: 08/01/2016 to 07/31/2017

1.00 JB

OPT

0004 Option Year 3: Mechanical IDIQ

Contractor to provide all labor, material, equipment, and supervision to complete Mechanical Construction activities to include: HVAC installtion/repair, plumbing,

1.00 JB

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

PAGE 4 OF 68 SB1341-14-RP-0050

sheetmetal fabrication, and modify/repair sprinkler systems.

PR NUMBER: NB193000-14-01320

DELIVERY DATE: 04/01/2014

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

BUILDING 301 SHIPPING AND RECEIVING

100 BUREAU DRIVE

GAITHERSBURG MD 20899-0001

FOB : Destination Period of Performance: 08/01/2017 to 07/31/2018

OPT

0005 Option Year 4: Mechanical IDIQ

Contractor to provide all labor, material, equipment, and supervision to complete Mechanical Construction activities to include: HVAC installtion/repair, plumbing, sheetmetal fabrication, and modify/repair sprinkler systems.

PR NUMBER: NB193000-14-01320

DELIVERY DATE: 04/01/2014

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

BUILDING 301 SHIPPING AND RECEIVING

100 BUREAU DRIVE

GAITHERSBURG MD 20899-0001

FOB : Destination Period of Performance: 08/01/2018 to 07/31/2019

1.00 JB

Table of Contents

PAGE 5 OF 68 SB1341-14-RP-0050

SECTION B SUPPLIES OR SERVICES AND PRICES/COSTS

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

SECTION C DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C. 1 Statement of Work

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 (C0R) (APR 2010)

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

G. 4 1352.270-70 PERIOD OF PERFORMANCE (APR 2010)

G. 5 52.232-99 DEV PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS CONTRACTORS (AUG 2012)

G. 6 NIST LOCAL-40 BILLING INSTRUCTIONS FOR DELIVERY/TASK ORDERS

SECTION H SPECIAL CONTRACT REQUIREMENTS

H. 1 1352.216-74 TASK ORDERS (APR 2010)

SECTION I CONTRACT CLAUSES

I. 1 52.202-1 DEFINITIONS (NOV 2013)

I. 2 52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984)

I. 3 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)

I. 4 52.203-7 ANTI-KICKBACK PROCEDURES (OCT 2010)

I. 5 52.210-1 MARKET RESEARCH (APR 2011)

I. 6 52.214-22 EVALUATION OF BIDS FOR MULTIPLE AWARDS (MAR 1990)

I. 7 52.216-27 SINGLE OR MULTIPLE AWARDS (OCT 1995)

I. 8 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011)

I. 9 52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

I. 10 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011). 14

I. 11 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

I. 12 52.216-18 ORDERING (OCT 1995)

I. 13 52.216-19 ORDER LIMITATIONS (OCT 1995)

I. 14 52.216-22 INDEFINITE QUANTITY (OCT 1995)

I. 15 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

I. 16 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

I. 17 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)

I. 18 52.223-4 RECOVERED MATERIAL CERTIFICATION (MAY 2008)

I. 19 52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION

CONTRACTS (MAY 2008)

I. 20 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

I. 21 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR

TRANSACTIONS RELATING TO IRAN--REPRESENTATION AND CERTIFICATIONS (DEC 2012)

I. 22 52.228-15 PERFORMANCE AND PAYMENT BONDS--CONSTRUCTION (OCT 2010)

I. 23 52.233-2 SERVICE OF PROTEST (SEP 2006)

I. 24 52.233-3 PROTEST AFTER AWARD (AUG 1996)

I. 25 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

I. 26 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

I. 27 52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

I. 28 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)

I. 29 52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

I. 30 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

I. 31 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

Table of Contents

PAGE 6 OF 68 SB1341-14-RP-0050

I. 32 52.236-8 OTHER CONTRACTS (APR 1984)

I. 33 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND

IMPROVEMENTS (APR 1984)

I. 34 52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)

I. 35 52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)

I. 36 52.236-12 CLEANING UP (APR 1984)

I. 37 52.236-13 ACCIDENT PREVENTION (NOV 1991)

I. 38 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)

I. 39 52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

I. 40 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

I. 41 52.236-28 PREPARATION OF PROPOSALS--CONSTRUCTION (OCT 1997)

I. 42 52.243-1 CHANGES--FIXED-PRICE (AUG 1987)

I. 43 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

I. 44 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

I. 45 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

SECTION J LIST OF ATTACHMENTS

J. 1 Accident Provisions

J. 2 General Purpose Lab Standards

J. 3 Guidelines for Contractors

J. 4 Initial Task Order Statement of Work

SECTION L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L. 1 Instructions to Offerors

SECTION M EVALUATION FACTORS FOR AWARD

M. 1 Evaluation Criteria

PAGE 7 OF 68 SB1341-14-RP-0050

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 $10,000.00 . The amount of all orders shall not exceed $9,000,000.00 for all awardees. .

(End of clause)

PAGE 8 OF 68 SB1341-14-RP-0050

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C. 1 Statement of Work

Statement of Work, Mechanical Construction IDIQ Contract, NIST Synopsis:

NIST is seeking qualified mechanical contractors in anticipation of awarding an Indefinite

Delivery / Indefinite Quantity (IDIQ) contract to up to three (3) contractors. The contracts will be awarded as an Indefinite-Delivery Indefinite-Quantity (IDIQ) contract with a base period of one year and four one-year option periods. The IDIQ is for repairs, renovations, and alterations to facilities and utilities located at the NIST Gaithersburg, Maryland campus. This procurement will result in the award of one Firm Fixed Price Indefinite Delivery Indefinite Quantity (IDIQ) contract, awarded to multiple contractors.

The contract award will be based on Best Value to the Government, which may or may not result in accepting the lowest offered price. To determine best value, the Governments proposal evaluation will consist of, but not be limited to, evaluation of the offeror’s technical and management capabilities as well as price/cost on the first task order included in this solicitation.

Specifically, the major factors in the Technical Proposal shall consist of Safety Program and record, Management Ability, Past Performance, Quality Control Program, Subcontracting

Support Capability and Clarity of Proposal. Specifically, the evaluation of price/cost will be based primarily upon each Offeror’s Completeness, Reasonableness, and Realism.

The contractor shall implement contract management systems involved in supporting, monitoring and controlling the project operations. The contractor shall implement necessary work control procedures to ensure quality and timely work completion and tracking of the work progress. The contractor shall plan and schedule work to assure material, labor and equipment are available to complete the work within the specified time limits and in conformance with the quality and safety and health standards required. The contractor shall provide adequate on site supervision of all subcontractor employees at all time for all active work sites. The contractor shall perform all required work in conformance with industry standards and higher NIST safety standards.

Individual task orders will vary in size and complexity. The task orders will include, but are not limited to HVAC repair/replacement, plumbing, sheet metal, insulation, and welding. All work shall be in conformance with the requirements of the contract including furnishing all materials, labor, tools, equipment, transportation, supervision, management and other services (including engineering/technical support), items and incidentals necessary thereto.

The basic contract period is for 12 months. The contract will contain four additional twelve month option periods. The minimum contract amount is $10,000.00.The maximum contract amount, including all option periods, is $9 million. The task order minimum is $2,000.00. The task order maximum is $300,000.00. The proposed contract work will be at the NIST campus, in

PAGE 9 OF 68 SB1341-14-RP-0050

Gaithersburg, Maryland. Proposals under the IDIQ contract will be required within 15 work days for tasks under $10,000 and within 10 work days for urgent mission critical tasks and within 20 work days for tasks over $10,000. Prior to receiving a notice to proceed, the Contractor shall submit an Activity Hazard Analysis (AHA) to the Government for approval. Refer to the attached Safety procedures for guidance in preparing the AHA.

Scope of Work: Mechanical Construction

Work may include, but not limited to:

Install/repair/perform maintenance on air distribution, exhaust air, heating and domestic water distribution, natural gas, refrigeration, steam and condensate systems and man holes. To include sheet metal duct fabrication, fire damper installation, booster cooling and heating coils, and other air duct accessories. May include repairing ice making equipment, walk-in coolers, refrigerated water coolers, and split and ductless DX refrigeration systems.

Typical maintenance activities my include: adjusting/replacing belts and aligning sheaves, filter replacement, coil and casing cleaning, lubricating/replacing bearings and seals, inspect/lubricate damper operators, inspect/replace gages or sight glasses, inspect/re-pack/replace valves, inspect/clean drains, pump replacement, and inspect/adjust/repair control systems for proper operation.

Work from building plans, blueprints, engineering drawings, and HVAC O&M manuals to plan and layout the routing, sizing, and capacity of HVAC systems.

Direct Digital Control (DDC) – HVAC control equipment, Water Detection System, Energy and

Building Management. (Siemens, Alerton, and Andover DDC Control Systems)

Perform air and water balance of systems.

Install laboratory services, to include compressed air (15# and 100#), vacuum, natural gas, hot and cold water, potable water, laboratory waste, chilled water, and pure water systems.

Install safety showers, eye wash stations, and mixing valves to provide tempered water.

Insulate HVAC and water lines.

Modify/repair fire sprinkler systems.

Install fume hoods/canopy hoods and localized (Elephant Exhaust) systems.

PAGE 10 OF 68 SB1341-14-RP-0050

Note: All work must be performed in accordance with industry, NIST, and OSHA standards, SMACNA, ASHRAE, and NEBB Standards. Lock out/tag out procedures must be followed at all times. All workers must have the appropriate personal protective equipment (PPE).

General Notes:

Most tasks will be performed in and around occupied areas performing scientific/research experiments where vibration, noise, outages of utilities, and disturbances to the physical environment may hinder the ability of the Government to perform required activities. All activities must be planned, scheduled and posted for a minimum of two weeks, unless prior authorization is given by the CO, prior to the activity beginning. Certain activities may have to be performed outside of normal business hours. In this event, overtime rates would be applicable.

Ordering:

NIST will make task order awards based on either best value/trade off or lowest price technically acceptable after competition amongst the awardees. Evaluation factors will be posted in each Task Order solicitation. All Task Orders will be awarded in accordance with FAR 16.505 Ordering.

PAGE 11 OF 68 SB1341-14-RP-0050

SECTION G

CONTRACT ADMINISTRATION DATA

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

The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

G. 2 1352.201-72 CONTRACTING OFFICER?s REPRESENTATIVE (C0R) (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.

Each task order is anticipated to be made using the Lowest Price Technically Acceptable process.

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:

(c) If multiple awards have been made, the contact information for the DOC task and delivery order ombudsman is TBD

PAGE 12 OF 68 SB1341-14-RP-0050

Anticipated

G. 4 1352.270-70 PERIOD OF PERFORMANCE (APR 2010)

(a) The base period of performance of this contract is from 08/01/2014 through 07/31/2015 . 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 08/01/2015 07/31/2016 Option II 08/01/2016 07/31/2017 Option III 08/01/2017 07/31/2018 Option IV 08/01/2018 07/31/2019

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

G. 5 52.232-99 DEV PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS CONTRACTORS (AUG 2012)

This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012.

(a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor.

(b) Include the substance of this clause, including paragraph (b), in all subcontracts will small business concerns.

(c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

G. 6 NIST LOCAL-40 BILLING INSTRUCTIONS FOR DELIVERY/TASK ORDERS

(a) NIST prefers electronic Invoice/Voucher submissions and they should be emailed to INVOICE@NIST.GOV.

(b) Each Delivery/Task Order Invoice or Voucher submitted shall include the following: (1) Contract Number; identified in Block 2 of the OF347. (2) Delivery/Task Order number identified in Block 3 of the OF347. (3) Contractor Name and Address. (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. (10) Any other information or documentation required by the contract.

(c) In the event electronic submissions are not used, the Contractor shall submit an original invoice or voucher in accordance with paragraph (b) above to the address identified in Block 21 of the OF347.

(END OF CLAUSE)

PAGE 13 OF 68 SB1341-14-RP-0050

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H. 1 1352.216-74 TASK ORDERS (APR 2010)

(a) In task order contracts, all work shall be initiated only by issuance of fully executed task orders issued by the Contracting Officer. The work to be performed under these orders must be within the scope of the contract. The Government is only liable for labor hours and costs expended under the terms and conditions of this contract to the extent that a fully executed task order has been issued and covers the required work and costs. Charges for any work not authorized shall be disallowed.

(b) For each task order under the contract, the Contracting Office shall send a request for proposal to the contractor(s). The request will contain a detailed description of the tasks to be achieved, a schedule for completion of the task order, and deliverables to be provided by the contractor.

(c) The contractor shall submit a proposal defining the technical approach to be taken to complete the task order, work schedule and proposed cost/price.

(d) After any necessary negotiations, the contractor shall submit a final proposal.

(e) Task orders will be considered fully executed upon signature of the Contracting Officer. The contractor shall begin work on the task order in accordance with the effective date of the order.

(f) The contractor shall notify the Contracting Officer of any instructions or guidance given that may impact the cost, schedule or deliverables of the task order. A formal modification to the task order must be issued by the Contracting Officer before any changes can be made.

(g) Task orders may be placed during the period of performance of the contract. Labor rates applicable to hours expended in performance of an order will be the contract rates that are in effect at the time the task order is issued.

(h) If multiple awards are made by the Government, the CO shall provide each awardee a fair opportunity to be considered for each task order over the micro-purchase threshold unless one of the exceptions at FAR 16.505(b) applies.

PAGE 14 OF 68 SB1341-14-RP-0050

SECTION I

CONTRACT CLAUSES

I. 1 52.202-1 DEFINITIONS (NOV 2013)

(Reference 52.202-1)

I. 2 52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984)

(Reference 52.203-5)

I. 3 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)

(Reference 52.203-6)

I. 4 52.203-7 ANTI-KICKBACK PROCEDURES (OCT 2010)

(Reference 52.203-7)

I. 5 52.210-1 MARKET RESEARCH (APR 2011)

(Reference 52.210-1)

I. 6 52.214-22 EVALUATION OF BIDS FOR MULTIPLE AWARDS (MAR 1990)

(Reference 52.214-22)

I. 7 52.216-27 SINGLE OR MULTIPLE AWARDS (OCT 1995)

(Reference 52.216-27)

I. 8 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011)

(Reference 52.219-6)

I. 9 52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

(Reference 52.223-6)

I. 10 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011)

(Reference 52.223-18)

I. 11 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

(Reference 52.232-40)

I. 12 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 08/01/2014 through 07/31/2015

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

PAGE 15 OF 68 SB1341-14-RP-0050

(End of Clause)

I. 13 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) "Minimum order." When the Government requires supplies or services covered by this contract in an amount of less than $2,000.00 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) "Maximum order." The Contractor is not obligated to honor--

(1) Any order for a single item in excess of $300,000.00

(2) Any order for a combination of items in excess of $9,000,000.00 or

(3) A series of orders from the same ordering office within 10 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 14 days after issuance, with written notice stating the Contractor`s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

I. 14 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor`s and Government`s rights and obligations with respect to that order to the same extent as if the order were completed during the contract`s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after six months after the end of ther period of performance of the base or option period

I. 15 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 calendar days before the end of the period of performance

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I. 16 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 30 days of the end of the contract provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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 5 years

I. 17 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)

(a) "Hazardous material," as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

| Material | Identification No. | | (If none, insert "None") | |

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause.

Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government`s rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to--

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

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(2) To use, duplicate, and disclose data furnished under this clause, in accordance with paragraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

I. 18 52.223-4 RECOVERED MATERIAL CERTIFICATION (MAY 2008)

As required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6962(c)(3)(A)(i)), the offeror certifies, by signing this offer, that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the contract will be at least the amount required by the applicable contract specifications or other contractual requirements.

(End of Provision)

I. 19 52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION

CONTRACTS (MAY 2008)

(a) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired--

(1) Competitively within a timeframe providing for compliance with the contract performance schedule;

(2) Meeting contract performance requirements; or

(3) At a reasonable price.

(b) Information about this requirement is available at EPA`s Comprehensive Procurement Guidelines web site, http://www.epa.gov/cpg/. The list of EPA-designated items is available at http:// www.epa.gov/cpg/products.htm.

I. 20 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

(a) Except as authorized by the Office of Foreign Assets Control (OFAC) in the Department of the Treasury, the Contractor shall not acquire, for use in the performance of this contract, any supplies or services if any proclamation, Executive order, or statute administered by OFAC, or if OFAC`s implementing regulations at 31 CFR chapter V, would prohibit such a transaction by a person subject to the jurisdiction of the United States. (b) Except as authorized by OFAC, most transactions involving Cuba, Iran, and Sudan are prohibited, as are most imports from Burma or North Korea, into the United States or its outlying areas. Lists of entities and individuals subject to economic sanctions are included in OFAC?s List of Specially Designated Nationals and Blocked Persons at http://www.treas.gov/offices/enforcement/ofac/sdn. More information about these restrictions, as well as updates, is available in the OFAC?s regulations at 31 CFR Chapter V and/or on OFAC?s website at http://www.treas.gov/offices/enforcement/ofac.

(c) The Contractor shall insert this clause, including this paragraph (c), in all subcontracts.

I. 21 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR

TRANSACTIONS RELATING TO IRAN--REPRESENTATION AND CERTIFICATIONS (DEC 2012)

(a) Definitions.

"Person"--

(1) Means--

(i) A natural person;

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(ii) A corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and

(iii) Any successor to any entity described in paragraph (1)(ii) of this definition; and

(2) Does not include a government or governmental entity that is not operating as a business enterprise.

"Sensitive technology"--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

(b) The offeror shall e-mail questions concerning sensitive technology to the Department of State at CISADA106@state.gov.

(c) Except as provided in paragraph (d) of this provision or if a waiver has been granted in accordance with 25.703-4, by submission of its offer, the offeror--

(1) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;

(2) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act.

These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran`s ability to acquire or develop certain weapons or technologies;

and

(3) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,000 with Iran`s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC`s Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/ t11sdn.pdf).

(d) Exception for trade agreements. The representation requirement of paragraph (c)(1) and the certification requirements of paragraphs (c)(2) and (c)(3) of this provision do not apply if--

(1) This solicitation includes a trade agreements notice or certification (e.g., 52.225-4, 52.225-6, 52.225-12, 52.225-24, or comparable agency provision); and

(2) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.

(End of provision)

I. 22 52.228-15 PERFORMANCE AND PAYMENT BONDS--CONSTRUCTION (OCT 2010)

(a) "Definitions." As used in this clause-- "Original contract price" means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) "Amount of required bonds." Unless the resulting contract price is $150,000 or less, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

(1) "Performance bonds (Standard Form 25)." The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) "Payment Bonds (Standard Form 25-A)." The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.

(3) "Additional bond protection."

(i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.

(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

(c) "Furnishing executed bonds." The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.

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(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier`s check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the:

U.S. Department of Treasury Financial Management Service Surety Bond Branch 3700 East West Highway, Room 6F01 Hyattsville, MD 20782.

Or via the internet at http://www.fms.treas.gov/c570/.

(e) "Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)." Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract.

I. 23 52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the General Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

I. 24 52.233-3 PROTEST AFTER AWARD (AUG 1996)

(a) Upon receipt of a notice of protest (as defined in FAR 33.101) or a determination that a protest is likely (see FAR 33.102(d)), the Contracting Officer may, by written order to the Contractor, direct the Contractor to stop performance of the work called for by this contract. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stop-page.

Upon receipt of the final decision in the protest, the Contracting Officer shall either--

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled either before or after a final decision in the protest, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if--

(1) The stop-work order results in an increase in the time required for, or in the Contractor`s cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to an adjustment within 30 days after the end of the period of work stoppage; provided, that if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon a proposal at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

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(e) The Government`s rights to terminate this contract at any time are not affected by action taken under this clause.

(f) If, as the result of the Contractor`s intentional or negligent misstatement, misrepresentation, or miscertification, a protest related to this contract is sustained, and the Government pays costs, as provided in FAR 33.102(b)(2) or 33.104(h)(1), the Government may require the Contractor to reimburse the Government the amount of such costs. In addition to any other remedy available, and pursuant to the requirements of Subpart 32.6, the Government may collect this debt by offsetting the amount against any payment due the Contractor under any contract between the Contractor and the Government.

I. 25 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

United States law will apply to resolve any claim of breach of this contract.

I. 26 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least fifty percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

I. 27 52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

(a) The Contractor shall promptly, and before the conditions are disturbed, give a written notice to the Contracting Officer of--

(1) Subsurface or latent physical conditions at the site which differ materially from those indicated in this contract; or

(2) Unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in the contract.

(b) The Contracting Officer shall investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the Contractor`s cost of, or the time required for, performing any part of the work under this contract, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause and the contract modified in writing accordingly.

(c) No request by the Contractor for an equitable adjustment to the contract under this clause shall be allowed, unless the Contractor has given the written notice required; provided, that the time prescribed in paragraph (a) of this clause for giving written notice may be extended by the Contracting Officer.

(d) No request by the Contractor for an equitable adjustment to the contract for differing site conditions shall be allowed if made after final payment under this contract.

I. 28 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)

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(a) The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to

(1) conditions bearing upon transportation, disposal, handling, and storage of materials;

(2) the availability of labor, water, electric power, and roads;

(3) uncertainties of weather, river stages, tides, or similar physical conditions at the site;

(4) the conformation and conditions of the ground; and

(5) the character of equipment and facilities needed preliminary to and during work performance.

The Contractor also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the Government, as well as from the drawings and specifications made a part of this contract. Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the Government.

(b) The Government assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by the Government.

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