Amendment_1-_RFQ-SB1341-16-RQ-1040-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

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

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

PAGE 3 OF 13 SB1341-16-RQ-1040

The Government reserves the right to perform this work in-house or under separate contract as deemed appropriate by the Government. The Vendor may invoice for work performed on this line item monthly in arrears. Invoices must provide the itemized breakdown of work performed to include the date the service was authorized, name of person authorizing the work, date the service was performed, the nature of the work, number of labor hours, labor unit cost per hour, total labor cost, and itemized material or sub-contractor costs.

0001 BASE PERIOD: Firm Fixed Price. Perform maintenance services for security barriers at NIST Boulder Campus and Fort Collins Site in accordance with the Performance Work Statement.

Period of Performance: 10/01/2016 to 09/30/2017

12.00 MO

NTE NTE

0002 BASE PERIOD: This is a Lump Sum Line Item Not to

Exceed $20,000.00.

Perform repair / replacement services for security barriers at NIST Boulder Campus and Fort Collins Site in accordance with the Performance Work Statement.

Contractor shall provide labor, material, and equipment to perform repair/replacement services, including as-needed rental of temporary equipment, on security barriers at the NIST sites located in Boulder, CO and Fort Collins, CO. in accordance with the scope of this contract per the SOW and attachments. All work must be authorized in advance by the CO prior to any work being performed or charged against this line item.

Period of Performance: 10/01/2016 to 09/30/2017

1.00 LS

OPT

1001 Option YR 1: Firm Fixed Price. Perform maintenance services for security barriers at NIST Boulder Campus and Fort Collins Site in accordance with the Performance Work Statement.

Period of Performance: 10/01/2017 to 09/30/2018

12.00 MO

NTE NTE/OPT

1002 Option YR 1:This is a Lump Sum Line Item Not to

Exceed $20,000.00.

Perform repair / replacement services for security barriers at NIST Boulder Campus and Fort Collins Site in accordance with the Performance Work Statement.

Contractor shall provide labor, material, and equipment to perform repair/replacement services, including as-needed rental of temporary equipment, on security barriers at the NIST sites located in Boulder, CO and Fort Collins, CO. in accordance with the scope of this contract per the SOW and attachments. All work must be authorized in advance by the CO prior to any work being performed or charged against this line item.

Period of Performance: 10/01/2017 to 09/30/2018

1.00 LS

OPT

2001 OPTION YR 2: Firm Fixed Price. Perform maintenance services for security barriers at NIST Boulder Campus and Fort Collins Site in accordance with the Performance Work Statement.

12.00 MO

PAGE 4 OF 13 SB1341-16-RQ-1040

Period of Performance: 10/01/2018 to 09/30/2019

NTE NTE/OPT

2002 OPTION YR 2:This is a Lump Sum Line Item Not to

Exceed $20,000.00.

Perform repair / replacement services for security barriers at NIST Boulder Campus and Fort Collins Site in accordance with the Performance Work Statement.

Contractor shall provide labor, material, and equipment to perform repair/replacement services, including as-needed rental of temporary equipment, on security barriers at the NIST sites located in Boulder, CO and Fort Collins, CO. in accordance with the scope of this contract per the SOW and attachments. All work must be authorized in advance by the CO prior to any work being performed or charged against this line item.

Period of Performance: 10/01/2018 to 09/30/2019

1.00 LS

OPT

3001 OPTION YR 3: Firm Fixed Price. Perform maintenance services for security barriers at NIST Boulder Campus and Fort Collins Site in accordance with the Performance Work Statement.

Period of Performance: 10/01/2019 to 09/30/2020

12.00 MO

NTE NTE/OPT

3002 OPTION YR 3:This is a Lump Sum Line Item Not to

Exceed $20,000.00.

Perform repair / replacement services for security barriers at NIST Boulder Campus and Fort Collins Site in accordance with the Performance Work Statement.

Contractor shall provide labor, material, and equipment to perform repair/replacement services, including as-needed rental of temporary equipment, on security barriers at the NIST sites located in Boulder, CO and Fort Collins, CO. in accordance with the scope of this contract per the SOW and attachments. All work must be authorized in advance by the CO prior to any work being performed or charged against this line item.

Period of Performance: 10/01/2019 to 09/30/2020

1.00 LS

OPT

4001 OPTION YR 4: Firm Fixed Price. Perform maintenance services for security barriers at NIST Boulder Campus and Fort Collins Site in accordance with the Performance Work Statement.

Period of Performance: 10/01/2020 to 09/30/2021

12.00 MO

NTE NTE/OPT

4002 OPTION YR 4:This is a Lump Sum Line Item Not to

Exceed $20,000.00.

Perform repair / replacement services for security barriers at NIST Boulder Campus and Fort Collins Site in accordance with the Performance Work Statement.

Contractor shall provide labor, material, and equipment to perform repair/replacement services, including as-needed rental of temporary equipment, on security barriers at the NIST sites located in Boulder, CO and Fort Collins, CO. in accordance with the scope of this

1.00 LS

PAGE 5 OF 13 SB1341-16-RQ-1040

contract per the SOW and attachments. All work must be authorized in advance by the CO prior to any work being performed or charged against this line item.

Period of Performance: 10/01/2020 to 09/30/2021

Table of Contents

PAGE 6 OF 13 SB1341-16-RQ-1040

SECTION

. 1 Performance Work Statement

. 2 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

. 3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

. 4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

. 5 52.222-48 EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT LABOR STANDARDS TO CONTRACTS

FOR MAINTENANCE, CALIBRATION, OR REPAIR OF CERTAIN EQUIPMENT--CERTIFICATION (MAY 2014)

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

. 7 1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

. 8 NIST LOCAL-04 BILLING INSTRUCTIONS

PAGE 7 OF 13 SB1341-16-RQ-1040

SECTION

. 1 Performance Work Statement

SB1341-16-RQ-1040

PERFORMANCE WORK STATEMENT for:

Perform Maintenance on Gates and Barriers

NATIONAL INSTITUTE OF STANDARDS & TECHNOLOGY

325 Broadway

Boulder, CO 80305

1.1. DESCRIPTION

Provide all labor, equipment, and materials to perform preventive/corrective maintenance on four traffic gates and two pop-up barriers at the front gate of the NIST, Boulder campus and one rolling gate at the Fort Collins site for a one-year period to comply with current standards on the National Institute of Standards and Technology (NIST) site cited here in this document.

Provide a quotation for four follow-on option years for the same scope of work. The work is to be performed in accordance with this Performance Work Statement (PWS).

The description, model, and location of the rolling gates and pop-up barriers are as follows:

Equipment List Item # Description Model Location

1 Traffic Gate Automatic Systems BL 229 NIST Boulder Front Gate

2 Traffic Gate Automatic Systems BL 229 NIST Boulder Front Gate

3 Traffic Gate Automatic Systems BL 229 NIST Boulder Front Gate 4 Traffic Gate Automatic Systems BL 229 NIST Boulder Front Gate 5 Pop-up Barrier Delta DSC 501 NIST Boulder Front Gate 6 Pop-up Barrier Delta DSC 501 NIST Boulder Front Gate 7 Rolling Gate LiftMaster SL585 NIST Radio Station, Fort Collins

The work will consist of the following:

1.1.1. Perform monthly preventive maintenance (PM) on gates

1.1.2. Perform yearly preventive maintenance (PM) on gates

1.1.3. Perform monthly preventive maintenance (PM) on pop-up barriers

1.1.4. Perform quarterly preventive maintenance (PM) on pop-up barriers

1.1.5. Perform yearly preventive maintenance (PM) on pop-up barriers

1.1.6. Perform quarterly preventive maintenance (PM) on rolling gate

1.1.7. Perform bi-annual preventive maintenance (PM) on rolling gate

1.1.8. Perform yearly preventive maintenance (PM) on rolling gate

1.1.9. Repair item or repair by replacement of items

The work will be described in detail in the following section 1.3, “Summary of the Work” and must be code compliant as described in section 1.4 “Reference Standards,” safe, accessible, and easily maintainable. This PWS has been written in a manner that will allow the bidder to prepare a cost estimate for each of the areas of work described in this document independently from each other.

The contractor is responsible for the following:

1.1.10. Performing the work as described in this PWS;

1.1.11. Performing a site walk to fully understand the work required and the local conditions;

1.1.12. Preparing and following a site specific safety plan to be reviewed and accepted by NIST Safety Staff;

1.1.13. Performing a daily Job Hazards Analysis (JHA) for maintenance activities;

1.1.14. Coordinating all work with the Contracting Officer’s Representative (COR).

1.2. SPECIAL REQUIREMENTS

PAGE 8 OF 13 SB1341-16-RQ-1040

1.2.1. Pre-proposal site visit required.

1.2.2. Coordination of daily vehicle traffic lane shut-downs for the maintenance work with the COR.

1.2.3. Post-award meeting required.

1.2.4. Provide repairs as separate line item in proposal.

1.3. SUMMARY OF THE WORK

1.3.1. General

1.3.1.1. Preventive maintenance and management shall include, but is not limited to the following:

1.3.1.2. Provide all labor, furnish and install materials, equipment and supplies to accomplish the preventive maintenance in accordance with the Performance Work Statement.

1.3.1.3. Delivery Schedule: This project must be completed 365 calendar days after NTP. With initial proposal and prior to commencement of work the contractor must provide a proposed PM schedule to the COR for acceptance.

Final schedule shall be agreed upon after NTP at post-award meeting.

1.3.1.4. Provide maintenance management and field supervision throughout the project duration.

1.3.1.5. Contractor must be familiar with the work required and local conditions affecting the work.

1.3.1.6. Ensure that the safety of the project is a top priority. Submit a site specific safety plan with project proposal prior to commencement of work to the COR for acceptance.

1.3.1.7. Ensure due diligence and timely delivery of the project.

1.3.1.8. Correct errors and deficiencies in the services provided.

1.3.1.9. Cooperate with NIST Police and Security regarding site security. Contractor is responsible for ensuring its personnel meet all site access requirements. Provide a list of all anticipated employees at least two weeks in advance of their arrival. All employees must fill out specified background check forms for review by NIST Security before security badges will be issued. These forms will be typed.

1.3.1.10. Maintain a record set of all inspections, or other authorizations necessary for the work to proceed.

1.3.1.11. If “Hot Work” will be performed the Contractor must pull a hot work permit through the COR twenty-four

(24) hours in advance of beginning associated work.

1.3.1.12. Notify the COR of the work progress.

1.3.1.13. The contractor is responsible for correcting any damage caused to the NIST Boulder site and field sites as a result of their maintenance work and returning the site to previous conditions at no cost to the Government.

1.3.1.14. The Contractor shall perform clean-up of work areas after preventive maintenance completed.

1.3.1.15. Contractor is responsible for scheduling work.

1.3.1.16. See COR for any conflicts associated with this Performance Work Statement, drawings and any appendixes.

1.3.2. Specification Section

1.3.2.1. Perform monthly preventive maintenance (PM) on gates includes the following:

1.3.2.1.1. Coordinating final date of monthly PM and personnel access with COR.

1.3.2.1.2. Coordinate traffic control during conduct of PM.

1.3.2.1.3. Conducting PM per Attachment C1 Monthly Gate PM Gate & Barrier PM's.

1.3.2.1.4. Provide PM results to the COR.

1.3.2.2. Perform yearly preventive maintenance (PM) on gates includes the following:

1.3.2.2.1. Coordinating final date of yearly PM and personnel access with COR.

1.3.2.2.2. Coordinate traffic control during conduct of PM.

1.3.2.2.3. Conducting PM per Attachment C2 Annual Gate PM Gate & Barrier PM's.

1.3.2.2.4. Provide PM results to the COR.

1.3.2.3. Perform monthly preventive maintenance (PM) on pop-up barriers includes the following:

1.3.2.3.1. Coordinating final date of monthly PM and personnel access with COR.

1.3.2.3.2. Coordinate traffic control during conduct of PM.

1.3.2.3.3. Conducting PM per Attachment C3 Monthly Pop-up PM Gate & Barrier PM's.

1.3.2.3.4. Provide PM results to the COR.

1.3.2.4. Perform quarterly preventive maintenance (PM) on pop-up barriers includes the following:

1.3.2.4.1. Coordinating final date of quarterly PM and personnel access with COR.

1.3.2.4.2. Coordinate traffic control during conduct of PM.

1.3.2.4.3. Conducting PM per Attachment C4 Quarterly Pop-up PM Gate & Barrier PM's.

1.3.2.4.4. Provide PM results to the COR.

1.3.2.5. Perform yearly preventive maintenance (PM) on pop-up barriers includes the following:

1.3.2.5.1. Coordinating final date of yearly PM and personnel access with COR.

1.3.2.5.2. Coordinate traffic control during conduct of PM.

1.3.2.5.3. Conducting PM per Attachment C5 Annual Pop-up PM Gate & Barrier PM's.

1.3.2.5.4. Provide PM results to the COR.

PAGE 9 OF 13 SB1341-16-RQ-1040

1.3.2.6. Perform quarterly preventive maintenance (PM) on rolling gate.

1.3.2.6.1. Coordinate final date of monthly PM and personnel access with COR.

1.3.2.6.2. Conducting PM per page 24 of Attachment C6 Lift Master Manual Gate & Barrier PM.

1.3.2.6.3. Provide PM results to the COR.

1.3.2.7. Perform bi-annual preventive maintenance (PM) on rolling gate.

1.3.2.7.1. Coordinate final date of quarterly PM and personnel access with COR.

1.3.2.7.2. Conducting PM per page 24 of Attachment C6 Lift Master Manual Gate & Barrier PM.

1.3.2.7.3. Provide PM results to the COR.

1.3.2.8. Perform yearly preventive maintenance (PM) on rolling gate.

1.3.2.8.1. Coordinate final date of yearly PM and personnel access with COR.

1.3.2.8.2. Conducting PM per page 24 of Attachment C6 Lift Master Manual Gate & Barrier PM.

1.3.2.8.3. Provide PM results to the COR.

1.3.2.9. Repair or repair by replacement includes the following:

1.3.2.9.1. Repair work on gates or pop-up barriers that may include small parts replacement (typically less than

$100.00).

1.3.2.9.2. Repair by replacement of major parts of the gates or barriers.

1.3.2.9.3. Four (4) hour response time to repair requests to begin diagnosis or repairs, twenty-four (24) hours per day, three-hundred and sixty-five (365) days per year.

1.3.2.9.4. Total repair services for a period of one year not to exceed $20,000, without modification to the contract.

1.3.2.9.5. Coordinate traffic control during repair activities.

1.4. REFERENCE STANDARDS

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor’s fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

1.5. DELIVERABLE SCHEDULE

TASK SOW PARAGRAPH

REFERENCE

DELIVERY DUE DATE DELIVER TO WHO

TENTATIVE

SCHEDULE

1.3.1.3 WITH INITIAL PROPOSAL COR

FINAL SCHEDULE 1..3.1.3 10 DAYS AFTER PROJECT

AWARDED

COR

SITE SPECIFIC

SAFETY PLAN

1.3.1.6 10 DAYS AFTER PROJECT

AWARDED

COR

DAILY JHA’S 1.2.2 DAILY WHEN MAINTENANCE

BEGINS ON SITE

NIST SAFETY

REPRESENTATIVE AND

COR

END OF PERFORMANCE WORK STATEMENT

PAGE 10 OF 13 SB1341-16-RQ-1040

. 2 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government`s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of Provision)

. 3 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 days prior to contract expiration.

(End of Clause)

. 4 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 60 days prior to contract expiration 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 from award date

. 5 52.222-48 EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT LABOR STANDARDS TO CONTRACTS FOR MAINTENANCE, CALIBRATION, OR REPAIR OF CERTAIN EQUIPMENT--CERTIFICATION (MAY 2014)

(a) The offeror shall check the following certification:

Certification

The offeror /_____/ does /_____/ does not certify that--

(1) The items of equipment to be serviced under this contract are used regularly for other than Government purposes, and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontractor) in substantial quantities to the general public in the course of normal business operations;

(2) The services will be furnished at prices which are, or are based on, established catalog or market prices for the maintenance, calibration, or repair of equipment.

(i) An established catalog price is a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or the offeror, is either published or otherwise available for inspection by customers, and states prices at which sales currently, or were last, made to a significant number of buyers constituting the general public.

(ii) An established market price is a current price, established in the usual course of trade between buyers and sellers free to bargain, which can be substantiated from sources independent of the manufacturer or offeror; and

PAGE 11 OF 13 SB1341-16-RQ-1040

(3) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract are the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.

(b) Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.

If the offeror certifies to the conditions in paragraph (a) of this provision, and the Contracting Officer determines in accordance with FAR 22.1003-4(c)(3) that the Service Contract Labor Standards statute--

(1) Will not apply to this offeror, then the Service Contract Labor Standards clause in this solicitation will not be included in any resultant contract to this offeror; or

(2) Will apply to this offeror, then the clause at 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements, in this solicitation will not be included in any resultant contract awarded to this offeror, and the offeror may be provided an opportunity to submit a new offer on that basis.

(c) If the offeror does not certify to the conditions in paragraph (a) of this provision--

(1) The clause in this solicitation at 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-- Requirements, will not be included in any resultant contract awarded to this offeror; and

(2) The offeror shall notify the Contracting Officer as soon as possible, if the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation.

(d) The Contracting Officer may not make an award to the offeror, if the offeror fails to execute the certification in paragraph (a) of this provision or to contact the Contracting Officer as required in paragraph (c) of this provision.

(End of Provision)

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

(a) Investigative Requirements for Low Risk Contracts. All contractor (and subcontractor) personnel proposed to be employed under a Low Risk contract shall undergo security processing by the Department?s Office of Security before being eligible to work on the premises of any Department of Commerce owned, leased, or controlled facility in the United States or overseas, or to obtain access to a Department of Commerce IT system. All Department of Commerce security processing pertinent to this contract will be conducted at no cost to the contractor.

(b) Investigative requirements for Non-IT Service Contracts are:

(1) Contracts more than 180 days - National Agency Check and Inquiries (NACI)

(2) Contracts less than 180 days - Special Agency Check (SAC)

(c) Investigative requirements for IT Service Contracts are:

(1) Contracts more than 180 days - National Agency Check and Inquiries (NACI)

(2) Contracts less than 180 days - National Agency Check and Inquiries (NACI)

(d) In addition to the investigations noted above, non-U.S. citizens must have a background check that includes an Immigration and Customs Enforcement agency check.

(e) Additional Requirements for Foreign Nationals (Non-U.S. Citizens). Non-U.S. citizens (lawful permanent residents) to be employed under this contract within the United States must have:

(1) Official legal status in the United States;

(2) Continuously resided in the United States for the last two years; and

(3) Obtained advance approval from the servicing Security Officer in consultation with the Office of Security headquarters.

(f) DOC Security Processing Requirements for Low Risk Non-IT Service Contracts. Processing requirements for Low Risk non-IT Service Contracts are as follows:

(1) Processing of a NACI is required for all contract employees employed in Low Risk non-IT service contracts for more than 180 days. The Contracting Officer?s Representative (COR) will invite the prospective contractor into e-QIP to complete the SF-85. The contract employee must also complete fingerprinting.

(2) Contract employees employed in Low Risk non-IT service contracts for less than 180 days require processing of Form OFI-86C Special Agreement Check (SAC), to be processed. The Sponsor will forward a completed Form OFI-86C, FD-258, Fingerprint Chart, and Credit Release Authorization to the servicing Security Officer, who will send the investigative packet to the Office of Personnel Management for processing.

(3) Any contract employee with a favorable SAC who remains on the contract over 180 days will be required to have a NACI conducted to continue working on the job site.

(4) For Low Risk non-IT service contracts, the scope of the SAC will include checks of the Security/Suitability Investigations Index (SII), other agency files (INVA), Defense Clearance

PAGE 12 OF 13 SB1341-16-RQ-1040

Investigations Index (DCII), FBI Fingerprint (FBIF), and the FBI Information Management Division

(FBIN).

(5) In addition, for those individuals who are not U.S. citizens (lawful permanent residents), the Sponsor may request a Customs Enforcement SAC on Form OFI-86C, by checking Block #7, Item I. In Block 13, the Sponsor should enter the employee?s Alien Registration Receipt Card number to aid in verification.

(6) Copies of the appropriate forms can be obtained from the Sponsor or the Office of Security.

Upon receipt of the required forms, the Sponsor will forward the forms to the servicing Security Officer. The Security Officer will process the forms and advise the Sponsor and the Contracting Officer whether the contract employee can commence work prior to completion of the suitability determination based on the type of work and risk to the facility (i.e., adequate controls and restrictions are in place). The Sponsor will notify the contractor of favorable or unfavorable findings of the suitability determinations. The Contracting Officer will notify the contractor of an approved contract start date.

(g) Security Processing Requirements for Low Risk IT Service Contracts. Processing of a NACI is required for all contract employees employed under Low Risk IT service contracts.

(1) Contract employees employed in all Low Risk IT service contracts will require a National Agency Check and Inquiries (NACI) to be processed. The Contracting Officer?s Representative (COR) will invite the prospective contractor into e-QIP to complete the SF-85. Fingerprints and a Credit Release Authorization must be completed within three working days from start of work, and provided to the Servicing Security Officer, who will forward the investigative package to OPM.

(2) For Low Risk IT service contracts, individuals who are not U.S. citizens (lawful permanent residents) must undergo a NACI that includes an agency check conducted by the Immigration and Customs Enforcement Service. The Sponsor must request the ICE check as a part of the NAC.

(h) Notification of Disqualifying Information. If the Office of Security receives disqualifying information on a contract employee, the Sponsor and Contracting Officer will be notified. The Sponsor shall coordinate with the Contracting Officer for the immediate removal of the employee from duty requiring access to Departmental facilities or IT systems. Contract employees may be barred from working on the premises of a facility for any of the following reasons:

(1) Conviction of a felony crime of violence or of a misdemeanor involving moral turpitude.

(2) Falsification of information entered on security screening forms or of other documents submitted to the Department.

(3) Improper conduct once performing on the contract, including criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct or other conduct prejudicial to the Government regardless of whether the conduct was directly related to the contract.

(4) Any behavior judged to pose a potential threat to Departmental information systems, personnel, property, or other assets.

(i) Failure to comply with security processing requirements may result in termination of the contract or removal of contract employees from Department of Commerce facilities or denial of access to IT systems.

(j) Access to National Security Information. Compliance with these requirements shall not be construed as providing a contract employee clearance to have access to national security information.

(k) The contractor shall include the substance of this clause, including this paragraph, in all subcontracts.

. 7 1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

(a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract. (b) The place of acceptance will be:

NIST Boulder Bldg. 1 325 Broadway Boulder, CO 80305

(End of clause)

. 8 NIST LOCAL-04 BILLING INSTRUCTIONS

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

PAGE 13 OF 13 SB1341-16-RQ-1040

(b) Each Invoice or Voucher submitted shall include the following: (1) Contract Number. (2) Contractor Name and Address. (3) Date of Invoice. (4) Invoice Number. (5) Amount of Invoice and Cumulative Amount Invoiced to-date. (6) Contract Line Item Number (CLIN). (7) Description, Quantity, Unit of Measure, Unit Price, and Extended Price of Supplies/Services Delivered. (8) Prompt Payment Discount Terms, if Offered. (9) 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 the payment provisions of this contract to:

NIST: Accounts Payable Office 100 Bureau Drive, Mail Stop 1621 Gaithersburg, MD 20899-1621

(End of clause)

HLB@EMAIL.NIST.GOV

100 BUREAU DRIVE STOP 1640

BUILDING 301 ROOM B129

GAITHERSBURG MD 20899-1640

325 BROADWAY

BOULDER CO 80305-3328