D2_-_FormSF1449.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.

DATE . 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

NB647050-17-00665

ARON KRISCHEL

aron.krischel@nist.gov 303-497-3032

000014

NATIONAL INST OF STDS AND TECHNOLOGY

325 BROADWAY

BOULDER CO 80305-3328

See Schedule 000014

NATIONAL INST OF STDS AND TECHNOLOGY

325 BROADWAY

BOULDER CO 80305-3328

00001059

CARL ZEISS MICROSCOPY, LLC

ONE ZEISS DRIVE

THORNWOOD NY 10594

000002

SEE LOCAL BILLING CLAUSE

SEE LOCAL BILLING CLAUSE

MD

see continuation page for line item details.

See Schedule $514,589.21

WILLARD ZBAEREN 303-497-5534

willard.zbaeren@nist.gov

0 Days 0% Net 30

SB1341-17-SU-0056

Please

131495820TIN: DUNS:

CAGE:

038376674 325W6

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

SB1341-17-SU-0056

Attachment Page

PAGE 3 OF 24 SB1341-17-SU-0056

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE $ AMOUNT $

PAGE 4 OF 24 SB1341-17-SU-0056

The contractor shall deliver the following:

0001 GEMINISEM 300VP FESEM with aSTEM and Advanced

Software Options API and ATLAS 5.

Includes 2 Years Service Coverage 1 Year Warranty, and 1 year service contract

One (1) GeminiSEM 300 Promotional Package, Catalog No. 4109009599000000. $410,000.00.

Includes:

349599-9001-065 Basic Unit GeminiSEM 300 349520-9031 20nA High resolution mode VP 347823-9056 Operating system Windows 346023-9011-140 Control Panel USB, US 349503-9001-010 PC-Table Expanded 349512-9004 Detector Inlens - Doublet 349506-9016 BSD4 Detector Smart 349553-9003 BeamSleeve with Diode, Kit 347823-9117-100 X-Ray/Externl Scan Input 349512-9002 BeamSleeve with Diode

One Year Warranty

Installation for promotions, Catalog No. 0000001935405 $0.00

Basic Unit GeminiSEM 300.

GEMINI column with large field of view optics, oil-free pumping system, solid chamber with 3 EDS ports, auto pendulum anti vibration system, 5-axes mot. eucentric stage with dual joystick controller. Detection System containing SE- & In-lens SE-detector, specimen current monitor.

Chamber scope, carousel 9x sample holder and 24" TFT monitor.

aSTEM detector smart,assembly kit Pneumatic retractable STEM detector with annular detection diode design. Diode consists of a central segmenet (BF) and 4 additional segements for dark field (DF) detection:

normal dark field (DF), oriented dark field (ODF), annular dark field (ADF), high angle annular dark field (HAADF).

The aSTEM allows parallel read-out of up to 4 virtual STEM modes.

Comes with a 12x sample holder for 3mm TEM grids.

Catalog no. 3495069015000000 $30,270.00

SOFTWARE

The following software options are included in the base unit:

350700-1056-000 Dual Channel License 350076-0361-000 Dual Magnification SW 350076-0882-000 Image Maths SW 350076-2343-000 Compucentric Stage Lic 350076-2402-000 Stage Registration SW 350076-0357-000 Stage Scan Pattern SW 348224-6014-000 RS 232 Remote Control SW

1.00 EA 514,589.21 514,589.21

PAGE 5 OF 24 SB1341-17-SU-0056

350700-0613-000

One (1) Fish-eye Mode Software License.

Catalog no. 348224080000000 $2,061.00 one (1) AVI - Image capture software for recording of audio visual interleaves. Note: standard for Auriga if FIB column is selected.

Catalog no. 3482246056000000.

$2,237.00

One (1) SmartSEM Remote API Dev Kit API - Application Programming Interface Software Kit for SmartSEM (NDA required) Catalog no. 35114346098 $8,156.00

Atlas 5 base package for Merlin and GeminiSEM.

Workflow oriented high throughput acquisition platform.

Fusion of images from multiple instrument, detectors and sessions in one correlative workspace. Import of one background and one overlay image (BMP, TIF, JPG, CZI, TXM). Protocol based automated 2D acquisition.

Large framestore up to 32k x 32k x 100ns 8bit/16bit, 2 channels.

xROI imaging (exact regions of interest) Manual stitching of 2D mosaics.

Additional application specific modules available Atlas Scan Generator, PC Workstation (8 GB memory, 2 GB Video, Quad-Core CPU, 4 TB Hard disk, 480 GB SSD) and 24" LCD monitor Catalog no. 3478239032000000 $37,000.00

TRAINING

2 day basic applications training class for Electron Microscopy at customer's site.

Each class will be customized to customer's needs and include all training materials and handouts.

Classes will be conducted by an Applications Specialist.

Maximum of 6 participants per class Catalog No. 4107901002000000 $5,400.00

Credit for applications training for new systems.

Catalog No. 4107901005000000 One (1) credit allowed for MERLIN/AURIGA Two (2) credits allowed for EVO/SIGMA Valid for up to one year from date of acceptance $0.01 x 2 units = $0.02

Discount - 30% off Above Zeiss Equipment 4-Manager's Strategic Discount, Catalog No.

0000001795638 -$25,537.21

GV10x DS Asher Source w/ Controller, Cables, Variable Constriction, 0.5?m inlet filter, & Communication Software/GUI CD GV10x DS Asher consists of a patented Plasma Source: Operating parameters power & pressure can be continuously adjustable # power from

PAGE 6 OF 24 SB1341-17-SU-0056

10 to 99 Watts & pressure from 2.0 to <5 mTorr, KF40 quick connect mounting.

Dimensions: H 6.25" W 3" D 7" Shut off leak rate 1E-8 Torr l/s, 1.3E-9 Pa-m3/s GV10x Controller: 13.56 MHz RF generator. Remote Control Operation via Com Port settings 9600,8,N,1,N w/Retentive Menus On/Off, Time, Tuning Voltage, Power requirements, 100-230 VAC 50/60 Hz, power consumption, 500 VA, Impedeance 50 Ohms.

Dimensions, H 6 3/4" x W 8" x D 17"

From the GUI or Controller the operator may: set, monitor and change operation power during a run and pressure is selectable from the Source mounted Variable Constriction.

The GV10x wide pressure range allows hydrocarbon removal to proceed at safely at TMP speeds without danger to the TMP or interruption of system interlock software.

Catalog no. 4107090001000000 $12,800.00

One (1) Spooler KF40/KF16/EM port cover for CrossBeam 540 Dwg 70-045 Catalog no. 4107090002000000 $750.00

ANCILLARY EQUIPMENT

Haskris Air Cooled Chiller LX1-A1, Catalog No.

4107082009000000 $4,841.00 Jun-Air oil-less compressor with Autodrain. Catalog No.

4107011001000000.

$2,730.00

Discount. 10% off Above 3rd Party Equipment 4-Managers Strategic Discount.

Catalog No. 0000001795638.

-$2,112.10

SERVICE CONTRACT

Protect Prem: GeminiSEM 300

* One (1) year preventative maintenance inspection per agreement year. This includes all labor and travel associated with conducting this PM inspection visit

* All labor & travel related charges associated with any service visit in addition to the PM visit as maybe required during the contract year is included

* All covered replacement parts

* 10% discount on consumable purchases

* 10% discount on instrument upgrades

* Software version upgrades when available

* Schedule and emergency service performed between the hours of 8 - 5, M - F excluding Carl Zeiss Microscopy, LLC holidays

PAGE 7 OF 24 SB1341-17-SU-0056

* Factory trained Customer Support Engineers Catalog no. 4107980000231000 $26,560.00

Time of Sale Discount for Service Contract Catalog No. 0000001836017 -$2,656.00

One (1) CCD Camera Adaption 2nd CCD camera on 32mm port Catalog no. 3495569001000000 $2,985.00

4-Manager's Strategic Discount Catalog no. 0000001795638 -$895.00

Accounting and Appropriation Data:

57.17.0098.031000000.6470800.000.

3063064700000000.31290000.000000 $514,589.21

DELIVERY DATE: 04/22/2017

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

325 BROADWAY

BOULDER CO 80305-3328

Pricing Option: Firm-Fixed-Price

Table of Contents

PAGE 8 OF 24 SB1341-17-SU-0056

SECTION

. 1 Specifications

. 2 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS (APR 2014)

. 3 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (MAY 2015)

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

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

. 6 1352.237-71 SECURITY PROCESSING REQUIREMENTS - LOW RISK CONTRACTS (APR 2010)

. 7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--

COMMERCIAL ITEMS (SEPT 2016)

. 8 52.225-2 BUY AMERICAN CERTIFICATE (MAY 2014)

. 9 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

. 10 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

. 11 52.233-2 SERVICE OF PROTEST (SEP 2006)

. 12 52.233-3 PROTEST AFTER AWARD (AUG 1996)

. 13 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

. 14 52.247-35 F.O.B. DESTINATION, WITHIN CONSIGNEE`s PREMISES (APR 1984)

. 15 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

. 16 1352.201-70 CONTRACTING OFFICER?s AUTHORITY (APR 2010)

. 17 1352.201-72 CONTRACTING OFFICER`S REPRESENTATIVE (COR) (APR 2010)

. 18 1352.228-70 INSURANCE COVERAGE (APR 2010)

. 19 1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

. 20 NIST LOCAL-04 BILLING INSTRUCTIONS

. 21 NIST LOCAL-10 DELIVERY INSTRUCTIONS

PAGE 9 OF 24 SB1341-17-SU-0056

SECTION

. 1 Specifications

SPECIFICATIONS

TITLE: Procurement of a variable-pressure (VP) field emission scanning electron microscope (FE-SEM)

LAB REQUESTING SERVICE: Material Measurement Laboratory, Applied Chemicals and Materials Division

I. BACKGROUND INFORMATION

The NIST Applied Chemicals and Materials Division (ACMD) houses three Groups whose primary work addresses improving the utility and reliability of engineering materials for varied applications ranging from massive load-bearing structures to high-performance semiconductor components. Critical to that work is the ability to measure the surface topography, internal microscopic structure (microstructure), and elemental make-up of materials over length scales ranging from centimeters to nanometers; the measurements must be performed under conditions ranging from high vacuum to humid environments. Within this context, the Nanoscale Reliability Group develops microscopy methods to advance the broad field of material characterization, including methods based on the measurement foundation of a scanning electron microscope

(SEM).

II. SCOPE OF WORK

The contractor shall provide one high-resolution, variable-pressure field-emission SEM (FE- SEM), including all hardware, software, accessories, peripherals, documentation, installation, and training required to operate the FE-SEM.

III. SPECIFICATIONS

The Contractor shall provide one (1) high-resolution, variable-pressure field-emission SEM (FE- SEM) that meets the following minimum technical requirements. The Contractor shall install the microscope at NIST and provide training as described below.

Minimum Technical System Requirements:

A. Electron source shall have field emission gun – source may be of Schottky or thermal type B. Accelerating voltage and landing energy

1. voltage shall be adjustable in steps of no greater than 100 V (volts) increments

2. maximum voltage shall reach a minimum of 30 kV (kilovolts)

3. minimum landing energy shall reach a maximum of 100 eV (electron volts); beam deceleration technology may be used to achieve this minimum C. Probe current

1. shall be adjustable

2. maximum shall reach a minimum of 20 nA (nanoamps)

3. minimum shall reach a maximum of 5 pA (picoamps)

D. Spatial resolution

1. at accelerating voltage of 15 kV or higher, under high vacuum conditions:

a. shall attain a minimum of 1.2 nm in a non-STEM (scanning transmission

PAGE 10 OF 24 SB1341-17-SU-0056

electron microscopy) detection mode

2. at accelerating voltage of 1 kV or lower, under high vacuum conditions:

a. a minimum of 2.0 nm (beam deceleration technology may be used to achieve this value)

3. at accelerating voltage of at least 15 kV, under low vacuum (variable pressure) conditions:

a. a minimum of 3.0 nm in a non-STEM detection mode

4. these resolutions shall be attained with NO immersion lens

E. Magnification

1. Minimum setting shall reach a maximum of 25 X

2. Maximum setting shall reach a minimum of 800,000 X

F. Vacuum system

1. Gun and specimen chambers must achieve operational vacuum with oil-free pumps within no more than 30 minutes

2. Specimens shall be routinely exchanged with no load lock/air lock

G. Variable pressure operation:

1. Microscope shall operate under “variable pressure” conditions, wherein nominally non-conductive specimens can be routinely imaged without conductive coatings or without operating in high vacuum under low energy conditions

2. Variable pressure operation:

a. shall reach a maximum pressure of at least 50 Pa

b. shall reach a minimum pressure of no greater than 10 Pa in variable pressure mode H. Shall include a plasma-based anti-contamination system I. Specimen chamber

1. A minimum of 11 chamber ports shall be available for mounting detectors, accessories, and feedthroughs, including EBSD detector and EDS detector

2. Specimen chamber interior shall have a minimum horizontal diameter of at least 280 mm

J. Specimen stage

1. shall be motorized in 5 axes (X, Y, Z, tilt, rotation)

2. shall have graphical indication of specimen position on stage

3. shall have mechanically eucentric or computer-compensated eucentric

(“compucentric”) capability, where focus is maintained upon change in tilt position of specimen

4. shall have continuous focus capability, where focus is maintained upon change in Z position of specimen

5. total displacement range shall be at least:

a. X = 100 mm

b. Y = 50 mm

c. Z = 40 mm

6. Tilt range shall cover a minimum range of -2 degrees to +70 degrees (where positive tilt results in a specimen being tilted towards the EBSD detector port)

7. Rotation shall allow continuous 360-degree rotation

8. Positioning stability: stage position shall be adjustable in steps of size of no greater than 100 nm in X, Y, and Z axis

PAGE 11 OF 24 SB1341-17-SU-0056

9. Touch alarm: shall indicate if the stage, specimen holder, or specimen has touched another component such as a retractable detector; once the alarm is triggered, stage motion must automatically halt

10. Specimen weight: the stage shall be able to support a specimen weighing a minimum of 500 g

11. Stage drift: the maximum drift shall be no greater than 50 nm in 360 seconds K. Specimen stage control software shall include:

1. Specimen position storage and recall

2. Ability to center a user-defines point in the image

3. Ability to center and auto-adjust magnification associated with a user-defined feature.

L. Detectors

1. Chamber interior shall be visible with chamber door closed, via infrared or similar camera

2. Contractor shall submit an option for multiple chamber cameras

3. High vacuum detection shall include:

a. In-lens secondary electron (SE) detector

b. Conventional out-of-lens Everhart-Thornley (ET) detector; adjustable bias must cover range -250 V to + 250 V or broader

c. Out-of-lens backscattered electron (BSE) detector for compositional, topographic, and crystallographic contrast must be of either multi-segment solid state, YAG (yttrium-aluminum-garnet), or scintillator type

d. Specimen current monitor with picoammeter

e. Multi-segment STEM detector with bright-field and dark-field imaging channels

4. VP detection shall include:

a. At least one electron detector capable of working under variable pressure conditions; may be either SE or BSE

M. Scanning features:

1. Shall achieve a maximum raster speed of at least 10 full frames per second

2. Shall allow minimum pixel dwell time of a maximum of 60 nanoseconds

3. Shall allow maximum pixel dwell time of at least 1 millisecond

N. Image storage

1. Shall be capable of saving image files in a tiff format as a minimum

2. variable image resolutions – up to a maximum size of at least 5120 x 3840 pixels

3. minimum of 16-bit image depth

O. Noise reduction: shall be able to perform the following imaging operations

1. pixel averaging

2. frame integration

3. line integration

P. Microscope controls: shall have the following controls

1. dynamic focus

2. tilt compensation

3. scan rotation

4. dual magnification viewing

5. multiple detector viewing (minimum 3 simultaneous detection modes)

6. analog control panel for magnification, focus, stigmation, detector brightness/contrast

PAGE 12 OF 24 SB1341-17-SU-0056

controls Q. Computer and control software

1. Windows 7 Enterprise-compatible, unless this conflicts with the manufacturer’s system requirements. If a conflict exists, the contractor shall note this in their quotation

2. remote vendor service/diagnostic capability

3. minimum 128 Gb hard drive

4. CD/DVD

5. A minimum of 12 user logins

6. user-customizable interface

7. image annotation

8. measurement:

a. line width (horizontal and vertical)

b. point to point

9. on-demand observation of system status

10. video recording capability

R. Operations Manual. The system shall include an electronically formatted operations and maintenance manual covering proper operation, routine maintenance, and troubleshooting for the instrument and controlling software

S. Onsite Survey. The contractor shall perform an onsite survey of the targeted room, to assist in meeting performance specifications. A survey report shall be provided to the technical point of contact within seven (7) days after the onsite survey identifying the fitness of the intended location and any issues that need addressing before installation.

Installation:

The Contractor shall install the instrument in Building 81, Room 1E-106, at NIST Boulder, CO.

If that room is found to be unsuitable to meet performance specifications, contractor shall coordinate with NIST staff to identify a suitable location.

Installation shall include, at a minimum, uncrating/unpacking of all equipment, set-up and hook-up of all equipment, start-up, and demonstration of performance specifications. The Contractor shall provide an installation report documenting that performance specifications have been met.

Instrument shall operate to manufacturer’s specifications upon installation. Installation shall take place during normal business hours, between 8:30 AM and 5:00 PM Mountain Time, Monday through Friday except Federal Holidays, and will be coordinated with the NIST Technical Point of Contact (TPOC). Installation is to occur within 120 days of contract award.

Warranty:

The Contractor shall provide, at a minimum, a two-year warranty for the equipment. The warranty shall cover all parts, labor and travel. The warranty shall commence upon successful completion of delivery, installation, training and demonstration of all required specifications.

Training:

Include training at the NIST Boulder facility for up to three (3) NIST personnel covering normal operation, troubleshooting, and routine maintenance within 10 days of installation and demonstration of specifications. Training shall be provided during normal business hours, PAGE 13 OF 24 SB1341-17-SU-0056 between 8:30 AM and 5:00 PM Mountain Time, Monday through Friday, except Federal Holidays, and shall be coordinated with the NIST Technical Point of Contact (TPOC) to ensure maximum availability of NIST personnel.

IV. PLACE OF DELIVERY

NIST Applied Chemicals and Materials Division, 325 Broadway, Boulder, CO 80305.

Installation of the instrument and training shall be accomplished at NIST, Boulder, Colorado.

Normal duty hours are 8:30 AM and 5:00 PM Mountain Time, with the exception of Federal holidays.

V. DELIVERABLES

Description Quantity Due Date Site survey One (1) Within 15 days of contract award Site survey report One (1) Within one (1) week of completion of site survey Variable-pressure field-emission scanning electron microscope

One (1) Within 120 days after award

Installation of the variable-pressure field-emission scanning electron microscope.

Installation report.

One (1) Within 30 days after delivery of equipment.

Operations and maintenance manual for the variable-pressure field-emission scanning electron microscope.

One (1) With delivery of electron microscope

Training of NIST personnel at NIST, Boulder, CO

One (1) Within 10 days after completion of installation.

VI. GENERAL INFORMATION

Safety: The contractor shall be responsible for knowing and complying with NIST installation safety policies. Such regulations include, but are not limited to, general safety, fire prevention, and waste disposal. Information to be provided by the technical point of contact.

Security: NIST is a restricted campus. An identification badge is required for access for entry into buildings and also is shown to the armed Security Police when entering the campus.

Identification Badges: Contractor employees shall comply with NIST identification and access requirements. The Contractor employee is responsible for absences due to expired identification and access documents. Each Contractor employee shall wear a visible identification badge provided by the NIST Security Office. The badge must show the full name, title, and if required by NIST, the words “Contractor” in front. The Contractor employee shall turn in the NIST identification badge and vehicle pass to the TPOC, COR, or Contracting Officer (CO) upon

PAGE 14 OF 24 SB1341-17-SU-0056

termination of their services under this contract.

Vehicle Registration: All Contractor employees must register their vehicles with the NIST Security Office to gain access to the campus. A valid driver’s license, Government-furnished civilian ID, proof of insurance and current registration must be presented to the NIST Security Office, at which time a NIST vehicle pass will be issued. The pass shall be displayed on the vehicle’s rear view mirror in accordance with instructions. The Contractor employee shall follow NIST procedures for removal and turn-in of the vehicle pass upon termination of services under this contract.

PAGE 15 OF 24 SB1341-17-SU-0056

. 2 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS (APR 2014)

(Reference 52.203-17)

. 3 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (MAY 2015)

(Reference 52.212-4)

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

(Reference 1352.209-73)

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

(Reference 1352.209-74)

. 6 1352.237-71 SECURITY PROCESSING REQUIREMENTS - LOW RISK CONTRACTS (APR 2010)

(Reference 1352.237-71)

. 7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--

COMMERCIAL ITEMS (SEPT 2016)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clause, which is incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(2) 52.233-3, Protest after Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

XXX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 4704 and 10 U.S.C. 2402).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(3) 52.203-15, Whistleblower Protections Under the American Recovery L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

XXX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) [Reserved]

(6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).

XXX (8) 52.209-6, Protecting the Government`s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

XXX (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

(10) [Reserved] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C.

657a).

(ii) Alternate I (NOV 2011) of 52.219-3.

(12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(ii) Alternate I (JAN 2011) of 52.219-4.

(13) [Reserved] (14)

(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

(ii) Alternate I (Nov 2011) of 52.219-6.

(iii) Alternate II (Nov 2011) of 52.219-6.

PAGE 16 OF 24 SB1341-17-SU-0056

(15)

(i) 52.219-7, Notice of Partial Small Business Set-Aside (Jun 2003) (15 U.S.C. 644).

(ii) Alternate I (Oct 1995) of 52.219-7.

(iii) Alternate II (Mar 2004) of 52.219-7.

(16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)).

(17)

(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637(d)(4)).

(ii) Alternate I (Oct 2001) of 52.219-9.

(iii) Alternate II (Oct 2001) of 52.219-9.

(iv) Alternate III (Oct 2015) of 52.219-9.

(18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

(19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

(20) 52.219-16, Liquidated Damages--Subcontracting Plan (Jan 1999)(15 U.S.C. 637(d)(4)(F)(i)).

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

XXX (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

XXX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

XXX (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2016) (E.O.

13126).

XXX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

XXX (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

XXX (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

XXX (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

(33)(i) 52.222-50, Combating Trafficking in Persons (March 2,2015) (22 U.S.C. chapter 78 and E.O. 13627).

XXX (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 7 and E.O. 13627).

(34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

(35) (i) 52.223-9, Estimate of Percentage of Recovered Material Contentfor EPA-Designated Items (May 2008) (42 U.S.C.6962(c) (3)(A)(ii)). (Notapplicable to the acquisition of commercially available off-the-shelf items.)

(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693).

(37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O. 13693).

(38) (i) 52.223-13, Acquisition of EPEAT(R) -Registered Imaging Equipment(Jun 2014) (E.O.s 13423 and 13514)

(ii) Alternate I (Oct 2015) of 52.223-13.

(39) (i) 52.223-14, Acquisition of EPEAT(R) -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-14.

(40) 52.223-15, Energy Efficiency in Energy-Consuming Products(Dec 2007) (42 U.S.C. 8259b).

(41) (i) 52.223-16, Acquisition of EPEAT(R)-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-16.

XXX (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

(43) 52.223-20, Aerosols (June, 2016) (E.O. 13693).

(44) 52.223-21, Foams (June, 2016) (E.O. 13693).

XXX (45) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C.chapter 83).

(46) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C.

chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub.

L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41,112-42, and 112-43).

(ii) Alternate I (May 2014) of 52.225-3.

(iii) Alternate II (May 2014) of 52.225-3.

PAGE 17 OF 24 SB1341-17-SU-0056

(iv) Alternate III (May 2014) of 52.225-3.

(47) 52.225-5, Trade Agreements (FEB 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XXX (48) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.`s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(49) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

(51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

(52) 52.232-29, Terms for Financing of Purchases of Commercial Items(Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

(53) 52.232-30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C. 4505, 10 U.S.C.

2307(f)).

XXX (54) 52.232-33, Payment by Electronic Funds Transfer - System for Award Management (Jul 2013) (31 U.S.C. 3332).

(55) 52.232-34, Payment by Electronic Funds Transfer - Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

(56) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

(57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(58) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C.2631).

(ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

(2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

(3) 52.222-42, Statement of Equivalent Rates for Federal Hires(MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(4) 52.222-43, Fair Labor Standards Act and Service Contract Labor --Price Adjustment (Multiple Year and Option Contracts)(MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(5)52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

(6)52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C.

chapter 67).

(7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

(8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

(9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C.

1792).

(10) 52.237-11, Accepting and Dispensing of $1 Coin (Aug 2007)(31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess ofthe simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records- Negotiation.

(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 3years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be madeavailable for 3 years after any resulting final termination settlement. Records relating to appeals underthe 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 does notrequire 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.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause,other than those in this paragraph

PAGE 18 OF 24 SB1341-17-SU-0056

(e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii)52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

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

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities(Jul2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014),(41 U.S.C. chapter 67).

(xi) (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) 41 U.S.C.

chapter 67.)

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractualobligations.

(End of Clause)

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. 8 52.225-2 BUY AMERICAN CERTIFICATE (MAY 2014)

(a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States.

The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of domestic end product. The terms commercially available off-the-shelf (COTS) item, component, domestic end product, end product, foreign end product, and United States are defined in the clause of this solicitation entitled Buy American -Supplies.

(b) Foreign End Products:

| Line Item No. | Country of Origin | [List as necessary]

(c) The Government will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation.

(End of Provision)

. 9 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

(a) Except as stated in paragraph (b) 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:

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

(2) 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.

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

(b) Paragraph (a) 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. (End of clause)

. 10 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

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

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

(End of clause)

. 11 52.233-2 SERVICE OF PROTEST (SEP 2006)

PAGE 20 OF 24 SB1341-17-SU-0056

(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.

(End of Provision)

. 12 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.

(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.

(End of Clause)

. 13 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.

PAGE 21 OF 24 SB1341-17-SU-0056

. 14 52.247-35 F.O.B. DESTINATION, WITHIN CONSIGNEE`s PREMISES (APR 1984)

(a) The term "f.o.b. destination, within consignee`s premises," as used in this clause, means free of expense to the Government delivered and laid down within the doors of the consignee`s premises, including delivery to specific rooms within a building if so specified.

(b) The Contractor shall-- (1)

(i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

(End of Clause)

. 15 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

PAGE 22 OF 24 SB1341-17-SU-0056

. 16 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.

(End of clause)

. 17 1352.201-72 CONTRACTING OFFICER`S REPRESENTATIVE (COR) (APR 2010)

(a) 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:

Email:

(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.

(End of clause)

. 18 1352.228-70 INSURANCE COVERAGE (APR 2010)

(a) Workers Compensation and Employer?s Liability. The contractor is required to comply with applicable federal and…