SF1449 1333ND26QNB190431.pdf

RFQ IFB RFP

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

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

DATE

7. FOR SOLICITATION

INFORMATION CALL:

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

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODEFACILITY

CODE

CODE

TELEPHONE NO.

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

OFFER

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

BELOW IS CHECKED

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

DATED . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

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

17a CONTRACTOR/

OFFEROR.

CODE

8 (A)

SIZE STANDARD:

NAICS:

% FOR:SET ASIDE:UNRESTRICTED OR

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

10. THIS ACQUISITION IS

EDWOSB

SMALL BUSINESS PROGRAM

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

Compact Articulated Tractor System and Attachments and Accessories

0001 The Contractor shall provide one new compact articulated tractor system, with enclosed cab and heat, compatible attachments and accessories, equivalent to the listed below, manuals, warranty, FOB Destination delivery, and training.

1.00 EA

PAGE 3 OF 80 1333ND26QNB190431

Table of Contents

Requirements Document

Award Documents, Exhibits, And/Or Attachments

Commercial Clauses

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017) 13

52.209-6PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, PROPOSED FOR DEBARMENT, OR VOLUNTARILY EXCLUDED (JAN 2025)

52.222-36EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020)

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)

52.226-8ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (MAY 2024)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.232-40PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (MAR 2023)

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

1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

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

52.252-6AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

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

1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

NIST LOCAL-53CONTRACT PERFORMANCE DURING CHANGES IN NIST OPERATING STATUS

NIST LOCAL-54ELECTRONIC BILLING INSTRUCTIONS

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

RFO FAR Clauses (DEVIATIONS)

Commercial Provisions

52.252-5AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

RFO FAR Provisions (DEVIATIONS)

FAR 52.212-1 Addendum, Instructions to Offerors

FAR 52.212-2 Addendum; Evaluation

PAGE 4 OF 80 1333ND26QNB190431

CLAUSES

Requirements Document

PAGE 5 OF 80 1333ND26QNB190431

REQUIREMENTS DOCUMENT

Compact Articulated Tractor System and Attachments

August 12, 2026

I. BACKGROUND INFORMATION

The National Institute of Standards and Technology (NIST), Office of Facilities and Property Management (OFPM), Grounds Services and Support provide services to the Gaithersburg campus in the form of general grounds services, which includes ornamental bed maintenance, sports field maintenance, reforestation maintenance, turf mowing, curb and sidewalk edging, pond maintenance, and snow removal.

The Government requires a new compact articulated tractor system capable of supporting year-round grounds maintenance activities using compatible attachments from an integrated equipment platform. The system must be capable of safe operation on uneven terrain, pond banks, and slopes up to 30 degrees with continuous operation when equipped in accordance with the manufacturer's requirements and recommendations.

The reference product is the Ventrac 4520Y with Kubota D902 diesel engine and the listed Ventrac attachments and accessories, or equal. The reference product replaces a 1985 Hustler Hillsider that was excessed due to safety issues and had multiple attachments used for grounds maintenance and snow removal.

II. SCOPE

The Contractor shall provide one new Ventrac 4520Y Tractor with a Kubota D902 diesel engine, or equal compact articulated tractor system, with enclosed cab and heat, compatible attachments and accessories, equivalent to the listed below, manuals, warranty, FOB Destination delivery, and training.

III. BRAND-NAME OR EQUAL/MINIMUM REQUIREMENTS

A. Brand-Name or Equal Description

The brand names, model numbers, and part numbers identified in this document are provided as reference products to describe the required level of quality, performance, configuration, compatibility, and functionality. The words "or equal" apply to each brand name, model number, and part number identified below. Equal products will be considered if they meet or exceed the salient physical, functional, and performance characteristics stated in this document.

If proposing an equal product, the Contractor shall provide sufficient information with its quote for the Government to determine technical acceptability. At a minimum, the quote shall identify the manufacturer, model, part numbers, and configuration of the proposed system and shall include manufacturer literature, specifications, warranty documentation, and a compliance matrix or narrative that explains how the proposed equal product meets each salient characteristic.

Unsupported statements of equivalency are not sufficient. The Contractor shall identify all deviations from the reference product or from the requirements stated in this document.

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A quote for the reference Ventrac system is acceptable if it includes the required tractor, attachments, accessories, manuals, warranty, delivery, demonstration, and training described in this document.

B. General Requirements

• All items shall be new, commercially available, production-model items. Used, remanufactured, experimental, prototype, or custom-developed equipment will not be considered for award.

• Gray market items, including items not authorized for sale in the United States by the original equipment manufacturer (OEM), are not acceptable.

• The system shall be configured as a complete integrated equipment package. All attachments shall be compatible with the proposed tractor or power unit without requiring Government modification.

• The system shall include all OEM documentation, operator manuals, parts manuals, service manuals, and attachment manuals in English.

• The system shall include all required safety equipment, markings, guards, warning labels, and manufacturer-recommended components necessary to operate the proposed system safely.

• The proposed system shall be suitable for NIST grounds maintenance functions, including mowing, sports field maintenance, edging, sweeping, snow removal, spreading, power raking, turbine blowing, and pond-bank/slope maintenance.

C. Salient Characteristics for Equal Products

• Compact articulated tractor or equivalent single-operator grounds maintenance power unit designed for year-round commercial grounds maintenance operations.

• Diesel engine or equivalent OEM-supported engine configuration capable of operating the proposed tractor and all required attachments under manufacturer-recommended operating conditions.

• Manufacturer-rated continuous safe operation on slopes up to 30 degrees when equipped with the proposed tires, wheels, counterweights, ballast, dual wheels, or other manufacturer-required components.

• Integrated attachment system that allows the same tractor or power unit to operate each required attachment listed in this document.

• Enclosed cab with heat and defrost capability for snow removal and cold-weather operations.

• Heated suspension seat or equivalent operator comfort feature suitable for multi-season grounds maintenance operations.

• Lighting, hazard/turn indicators, strobe or warning light, backup alarm, and digital slope gauge or equivalent slope-indication safety feature.

• Three-point hitch or equivalent rear attachment capability, rear 12-volt power or equivalent electrical power source, and hydraulic top link or equivalent hydraulic adjustment capability, if required for the proposed system.

• Attachment-change and control system suitable for routine use by NIST grounds personnel without special fabrication or noncommercial modification.

• Warranty, service, and parts support sufficient to maintain the equipment in operational condition during the warranty period.

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D. Required System Components

Item Reference Product (Brand Name or Equal)

Minimum Required Function / Salient Characteristics

0001-1 Qty 1 - Ventrac 4520Y (39.51217) with Kubota D902 engine, or equal

Compact articulated tractor or equivalent grounds maintenance power unit. Must include weight transfer or equivalent traction/ballast feature, operator controls suitable for attachment operation, rear weights or equivalent ballast, front fenders or equivalent protection, foot pegs or equivalent operator support, and configuration required for 30-degree continuous slope operation.

0001-2 Reference accessory package: 3-point hitch kit 70.4160-99; heated suspension seat 70.4167-99; PRO kit 70.4200-99;

armrest kit 47.0452; rear 12-volt plug 70.4179; backup alarm 70.4181; 3-n-1 hitch adapter 39.56114; suitcase weights 47.0115; hydraulic top link 70.4038; or equal

Accessory package shall provide equivalent hitching, seating, operator comfort, electrical, backup alarm, adapter, ballast/counterweight, and hydraulic adjustment capability necessary for the proposed tractor and attachments.

0001-3 Qty 1 - Ballpark groomer package: DR540 (39.55285), groomer brush 70.8156, groomer drag 70.8154, mid-weight bar 70.4137, additional weights 47.0115; or equal

Ballpark groomer attachment package for sports field/infield grooming. Must include grooming brush and drag functionality and any required weight bars/counterweights or equivalent components for proper operation.

0001-4 Qty 1 - Ballpark renovator DG550 (39.55280) with additional weights 47.0115; or equal

Ballpark renovator attachment for sports field/infield renovation, including required weights/counterweights or equivalent components for proper operation.

0001-5 Qty 1 - Edger ED202 (39.55332), optional blower kit 70.8020, additional weights 47.0115; or equal

Edger attachment capable of curb and sidewalk edging, with debris clearing/blower functionality and required weights/counterweights or equivalent components for safe and effective operation.

0001-6 Qty 1 - Broom KJ520 (39.55401) with 12-volt actuator kit 70.8211; or equal

Power broom or equivalent sweeping attachment capable of grounds, pavement, and snow-related sweeping operations, with powered angle/actuation or equivalent control functionality.

0001-7 Qty 1 - Cab kit KW454 (70.2018), hazard/turn light kit 70.8272, strobe light 70.8161, defroster fan 70.2018-1, cab heater kit 70.2014-51; or equal

Enclosed cab package suitable for winter operations. Must include heat, defrost or defogging capability, hazard/turn lights or equivalent warning lights, and strobe/warning light or equivalent visibility feature.

0001-8 Qty 1 - Drop spreader SA252 (70.2017), rear 12-volt plug 70.4179, hopper extension 70.8149; or equal

Drop spreader attachment for grounds maintenance or winter material spreading. Must include any required electrical power and hopper extension or equivalent capacity/accessory required for the proposed system.

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Item Reference Product (Brand Name or Equal)

Minimum Required Function / Salient Characteristics

0001-9 Qty 1 - V-blade SE530 (39.55275) with snow containment flap 70.8205; or equal

V-blade snow plow or equivalent snow removal blade attachment, including snow containment flap or equivalent component for snow control.

0001-10 Qty 1 - Snow blower KX523 52 inch (39.55427), 12-volt actuator kit 70.8025, deep snow kit 70.8072; or equal

Snow blower attachment with a minimum nominal clearing width of 52 inches, powered chute/deflector actuation or equivalent control, and deep-snow capability or equivalent configuration.

0001-11 Qty 1 - Power rake KG540 (39.55436); or equal

Power rake attachment for turf, soil, and grounds renovation functions compatible with the proposed tractor system.

0001-12 Qty 1 - Flail mower MY722 72 inch fast cut (39.55149); or equal

Flail mower attachment with a minimum nominal cutting width of 72 inches, suitable for turf and field mowing operations and compatible with the proposed tractor system.

0001-13 Qty 1 - Turbine blower ET202 (39.55341) with light kit 70.8230; or equal

Turbine blower or equivalent high-volume blower attachment, including lighting or equivalent visibility feature if required for the proposed configuration.

0001-14 Qty 1 - Canopy kit 70.4169 and canopy fan 70.4170; or equal

Canopy and fan or equivalent warm-weather operator protection/comfort package compatible with the proposed tractor system. If the proposed cab configuration makes a separate canopy unavailable or unnecessary, the Contractor shall explain the equivalent protection offered.

0001-15 Qty 1 - Digital slope gauge 70.4140; or equal

Digital slope gauge or equivalent slope-indication system that provides the operator with slope/grade awareness during operation.

0001-16 Manuals: operator manual, parts manual, service manual, and manuals for all purchased attachments; or equal

English-language operator, parts, and service manuals for the tractor/power unit and all supplied attachments and accessories. Manuals may be provided in hard copy or electronic format if accessible to NIST personnel.

IV. DELIVERY TERMS

Delivery shall be F.O.B Destination and shall occur by three months, or as soon as possible, after contract award based upon build time of the system and the attachments.

FOB Destination means: The contractor shall pack and mark the shipment in conformance with carrier requirements, deliver the shipment in good order and condition to the point of delivery specified in the purchase order, be responsible for any loss of and/or damage to the goods occurring before receipt and acceptance of the shipment by the consignee at the delivery point specified in the purchase order; and pay all charges to the specified point of delivery. The contractor shall deliver all Line Items to:

PAGE 9 OF 80 1333ND26QNB190431

National Institute of Standards and Technology (NIST) Grounds Service and Support 100 Bureau Drive, Building 309 Gaithersburg, MD 20899 Patrick Murphy Grounds Supervisor Building 309

***Due to ongoing limited site access of the NIST facilities, the Awardee SHALL confirm with the Designated Government Official and the Contracting Officer prior to ANY shipment to NIST***

V. TRAINING

Demonstration and training for the system and attachments by an authorized manufacturer’s representative shall be completed at time of delivery.

The contractor shall conduct a training session for up to six users at NIST. The training shall provide a thorough demonstration of all tractor and attachment functions, maintenance, and basic troubleshooting. The training may be completed at NIST Monday – Friday during the operating hours of 6:30am to 4:00pm immediately after delivery or must be completed no later than three days after delivery.

VI. INSPECTION & ACCEPTANCE

In addition to the inspection and acceptance terms articulated in 52.212-4, the Government reserves the right to perform such performance tests and evaluations as defined below to verify specified system performance. Such tests and evaluations, if performed, shall be conducted within the environment that the system is to be operated. The Contractor has the right to be present during the tests and evaluations, if performed, at the Contractor’s expense.

Performance Tests:

1. Tractor functions and attachment functions.

A visual inspection of the equipment will be performed by the NIST TPOC to identify surface defects or any form of indication that any equipment was damaged during transport to NIST. The Government shall have sole discretion to require repair or replacement of damaged and/or nonconforming supplies at no cost to the Government. The Government at any time prior to acceptance shall reject the equipment due to defects and/or nonconformance. The vendor is responsible for latent defects discovered any time after final inspection. However, the extent of its liability shall be prorated over the useful life of the equipment.

Ownership of the equipment shall transfer to NIST upon acceptance by the Government.

The Government will test, inspect, and accept or reject the equipment within five working days of the receipt of the equipment unless otherwise indicated above. The Government reserves the right to conduct quality assurance testing to confirm that the equipment meets the manufacturer’s and/or the Government’s performance specifications. It is anticipated that the equipment will meet all manufacturer’s specifications and/or the Government’s performance specifications identified in the most recent operations and maintenance manual for each piece of equipment and/or in this document.

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VII. WARRANTY

The contractor shall warranty the equipment for a period of 2-years after receipt of the equipment and shall be in accordance with terms in FAR 52.212-4. Warranty shall commence upon acceptance of the equipment by the Government and at a minimum shall include the following:

• Minimum two-year warranty for the tractor/power unit and all supplied attachments and accessories.

• Minimum two-year or 2,000-hour engine warranty, or the manufacturer's standard commercial engine warranty if more favorable to the Government.

• Warranty support shall include parts and labor necessary to correct covered defects in materials or workmanship, subject to the manufacturer’s standard commercial warranty items.

VIII. PAYMENT SCHEDULE

Advance payment is not authorized. The Contractor must invoice in arrears according to the payment schedule. The Contractor shall be paid, in accordance with Net 30-day payment terms, upon receipt and acceptance of a proper invoice, in accordance with the following schedule:

1. 100% after delivery and acceptance by the TPOC of Ventrac 4520Y and all attachments, AND

2. After the successful completion of the demonstration and training section set forth in this document, AND

3. After receiving an invoice submitted properly, IAW the purchase order terms and conditions.

NOTE: Partial shipments and partial invoices will not be accepted, unless otherwise requested and accepted by the Contracting Officer prior to award offer. Proposed payment schedules shall be submitted with vendor’s response to the RFQ for consideration.

IX. MISCELLANEOUS INFORMATION

Safety: The Contractor employee must be responsible for knowing and complying with all installation safety prevention regulations. Such regulations include, but are not limited to, general safety, fire prevention, and waste disposal.

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

Delivery drives and training personnel names must be submitted 24 hours before a delivery is made so that their names can be entered into the visitors’ registration system. All delivery drivers and training personnel must have Photo I.D. (federally approved State issued driver's license, Federal ID, or original passport) and Vehicle Registration Card. All deliveries are to be made thru Gate – F located on Muddy Branch Road. Training personnel may enter through Gate – A Visitors Center located on Bureau Drive. Deliveries will only be accepted between the hours of 6:00 am and 3:30 pm Monday through Friday. Any deliveries attempted after 3:30 pm will be turned away. No deliveries will be accepted on Saturday or Sunday or on Federal Holidays. After entering the campus thru Gate – F delivery drivers will be instructed to go to truck inspection. After going through truck

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inspection delivery drives will be instructed to proceed to building 309 where a member of the Grounds Service and Support shop will instruct them where to park for unloading and training.

Regular Business Hours: Regular business hours are Monday through Friday, 6:00am 4:30pm Eastern Time, excluding Federal holidays and NIST closures.

Identification Badges: Contractor employees must comply with NIST identification and access requirements. Each Contractor employee must wear a visible identification badge provided by the NIST Security Office.

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 must be displayed on the vehicle in accordance with NIST Security Office instructions.

Award Documents, Exhibits, And/Or Attachments

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AWARD DOCUMENTS, EXHIBITS, AND/OR ATTACHMENTS

1. Solicitation Questions Questions shall be submitted via email and are due Monday, August 17, 2026 NLT 2PM ET. The government will review all offeror questions and comments; however, the government will only publish answers when it is determined the answer will have a material effect on the offeror’s understanding of the solicitation and/or approach to developing the offer.

2. Payment of Postage and Fees All postage and fees related to submitting information, including forms, reports, etc., to the Contracting Officer or the Contracting Officer's Representative shall be paid by the contractor.

3. Marking All information submitted to the Contracting Officer or the Contracting Officer's Representative shall clearly indicate the Contract Number of the contract for which the information is being submitted.

4. Government Forms Any Government forms referenced or mentioned in this document such as personal history forms, sign-out forms, inspection forms, etc., may be obtained from the CO or designee.

5. Ordinances, Taxes, Permits, and Licenses Without additional expense to the Government, the Contractor shall fully comply with all Local, City, State, and Federal laws, regulations, and ordinances. The Contractor will also be liable for all applicable Federal, State, and Local taxes and shall obtain and pay for all permits and licenses governing performance under the Contract.

6. Discrepancy in the Specifications In any case of discrepancy in the specifications, the matter shall be immediately submitted to the CO. The decision of the CO as to the proper interpretation of the specifications shall be final in accordance with the Disputes Clause of this Contract.

7. Compliance with Federal, State, and Local Codes The Contractor shall comply with all applicable Federal, State and Local laws, regulations and codes. The Contractor is responsible for determining which requirements are applicable and complying appropriately; the Contractor may ask advice of the CO or their designee in this regard. The Contractor shall ask the advice of the CO or their designee when such issues arise.

Commercial Clauses

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):

https://www.acquisition.gov/far-overhaul and https://www.acquisition.gov/car

(End of Clause)

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017) (Reference 52.203-19)

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, PROPOSED FOR DEBARMENT, OR VOLUNTARILY EXCLUDED (JAN 2025)

(Reference 52.209-6)

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020)

(Reference 52.222-36)

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)

(Reference 52.222-42)

52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (MAY 2024) (Reference 52.226-8)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--SYSTEM FOR AWARD MANAGEMENT (OCT 2018) (Reference 52.232-33)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (MAR 2023) (Reference 52.232-40)

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

1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

(Reference 1352.209-73)

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

(Reference 1352.209-74)

1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

(Reference 1352.233-71)

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

(Reference 1352.237-71)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter

1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any (48 CFR clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End Of Clause)

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

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(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.

(End of clause)

1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

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

(b) The place of acceptance will be:

100 Bureau Drive Building 309 Gaithersburg, MD 20899

NIST LOCAL-53 CONTRACT PERFORMANCE DURING CHANGES IN NIST OPERATING STATUS

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

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

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

Gaithersburg Campus Operating Status Line:

(301) 975-8000

(800) 437-4385 x8000 (toll free)

Boulder Campus Operating Status Line:

(303) 497-4000

(303) 497-3000 option 2

In the event of a lapse in appropriation, access to Government facilities and resources, including equipment and systems will be limited to excepted personnel for both Federal employees and contractor

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

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

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

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

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

NIST LOCAL-54 ELECTRONIC BILLING INSTRUCTIONS

NIST requires that Invoice/Voucher submissions are sent electronically via email to INVOICE@NIST.GOV.

Each Invoice or Voucher submitted shall include the following:

(1) Contract number;

(2) Contractor name and address;

(3) Unique entity identifier (see www.sam.gov for the designated entity for establishing unique entity identifiers);

(4) Date of invoice;

(5) Invoice number;

(6) Amount of invoice and cumulative amount invoiced to-date;

(7) Contract Line Item Number (CLIN);

(8) Description, quantity, unit of measure, unit price, and extended price of supplies/services delivered;

(9) Prompt payment discount terms, if offered; and

(10) Any other information or documentation required by the contract.

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

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

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

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

The Contractor must use the IPP website to register, access, and use IPP for submitting payment requests. If not already enrolled, the Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email within three to five business days of the addition of the contract award to IPP. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email: IPPCustomerSupport@fiscal.treasury.gov or phone

(866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting payment requests, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation. Contact the contracting officer for more information on submitting a waiver request.

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RFO FAR Clauses (DEVIATIONS)

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RFO FAR CLAUSES (DEVIATIONS)

RFO FAR Clauses (Deviations)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JAN 2026)

52.204-13 System for Award Management—Maintenance (JAN 2026)

52.204-14 Service Contract Reporting Requirements (JAN 2026)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (JAN 2026)

52.212-4 Terms and Conditions—Commercial Products and Commercial Services

52.222-3 Convict Labor (JAN 2026)

52.222-36 Equal Opportunity for Workers with Disabilities (JAN 2026)

52.222-41 Service Contract Labor Standards (JAN 2026)

52.222-50 Combating Trafficking in Persons (JAN 2026)

52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2026)

52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2026)

52.233-3 Protest after Award (JAN 2026)

52.233-4 Applicable Law for Breach of Contract Claim (JAN 2026)

52.240-91 Security Prohibitions and Exclusions (JAN 2026)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JAN 2026)

(DEVIATION)

(a) Definitions. As used in this clause:

Executive means officers, managing partners, or any other employees in management positions.

First-tier subcontract means a subcontract awarded directly by the Contractor to acquire supplies or services (including construction) for performing a prime contract. It does not include the Contractor’s supplier agreements with vendors, such as long-term arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a contractor’s general and administrative expenses or indirect costs.

Month of award means the month in which the Contracting Officer signs a contract or the month in which the Contractor signs a first-tier subcontract.

Total compensation means the cash and noncash dollar value earned by the executive during the Contractor's preceding fiscal year and includes the information described at 17 CFR 229.402(c)(2).

(b) Requirement. Section 2(d)(2) of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282), as amended by section 6202 of the Government Funding Transparency Act of 2008 (Pub. L. 110-252), requires the Contractor to report information on subcontract awards. The law requires all reported information be made public; therefore, the Contractor is responsible for notifying its subcontractors that the required information will be made public. Nothing in this clause requires disclosing classified information.

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(c) Reporting. Unless otherwise directed by the Contracting Officer, or as provided in paragraph (f) of this clause, the Contractor shall report the following in the System for Award Management at https://www.sam.gov as follows:

(1) Executive compensation of the prime contractor. The Contractor shall report the names and total compensation of each of the five most highly compensated executives for its preceding completed fiscal year, if—

(i) In the Contractor's preceding fiscal year, the Contractor received—

(A)80 percent or more of its annual gross revenues from Federal contracts (and subcontracts); loans, grants (and subgrants); cooperative agreements; and other forms of Federal financial assistance; and

(B)$25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts); loans, grants (and subgrants); cooperative agreements; and other forms of Federal financial assistance; and

(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.

78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.).

(2) First-tier subcontract information. The Contractor shall report the following information by the end of the month following the month of award of each first-tier subcontract award:

(i) Unique entity identifier for the subcontractor receiving the award and for the subcontractor’s ultimate parent company, if the subcontractor has a parent company.

(ii) Name of the subcontractor.

(iii) Amount of the subcontract award.

(iv) Date of the subcontract award.

(v) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.

(vi) The subcontract number assigned by the Prime Contractor.

(vii) Subcontractor’s physical address.

(viii) Subcontractor’s primary performance location.

(ix) The prime contract number, and order number if applicable.

(x) Awarding agency name and code.

(xi) Funding agency name and code.

(xii) Government contracting office code.

(xiii) The applicable North American Industry Classification System code.

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(3) Executive compensation of the first-tier subcontractor. The Contractor shall report by the end of the month following the month of award of a first-tier subcontract award and annually thereafter (calculated from the prime contract award date) the names and total compensation of each of the five most highly compensated executives for that subcontractor in the subcontractor’s preceding completed fiscal year, if—

(i) In the subcontractor’s preceding fiscal year, the subcontractor received—

(A)80 percent or more of its annual gross revenues from Federal contracts (and subcontracts); loans, grants (and subgrants); cooperative agreements; and other forms of Federal financial assistance; and

(B)$25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts); loans, grants (and subgrants); cooperative agreements; and other forms of Federal financial assistance; and

(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.

78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986 (see http://www.sec.gov/answers/execomp.htm).

(d) Restriction. The Contractor shall not split or break down subcontracts to a value below the threshold at the Federal Acquisition Regulation 4.208(e), on the date of subcontract award, to avoid the reporting requirements in paragraph (c) of this clause.

(e) Duration. Continued reporting on first-tier subcontracts is not required unless one of the reported data elements changes during the performance of the subcontract. The Contractor is not required to make further reports after a first-tier subcontract expires.

(f) Exceptions. (1) If the Contractor in the previous tax year had gross income, from all sources, under $300,000, the Contractor is exempt from the requirement to report subcontractor awards.

(2) If a subcontractor in the previous tax year had gross income from all sources under $300,000, the Contractor does not need to report awards for that subcontractor.

(g) Prepopulated data. The Subcontract Reports in SAM will prepopulate with some information from SAM and the Federal Procurement Data System (FPDS). If the FPDS information is incorrect, the Contractor should notify the Contracting Officer. If the SAM information is incorrect, the Contractor is responsible for correcting this information.

(End of clause)

52.204-13 System for Award Management—Maintenance (JAN 2026) (DEVIATION)

(a) Definitions. As used in this clause—

Commercial and Government Entity code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location (referred to as “CAGE code”); or

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(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency to entities located outside the United States and its outlying areas that the DLA CAGE Branch records and maintains in the CAGE master file (referred to as “NCAGE code”).

Unique Entity Identifier (UEI) means an identifier used to identify a specific commercial, nonprofit, or Government entity.

(b) Active registration.

(1) The Contractor shall maintain an active Federal Government contracts registration in the System for Award Management (SAM) at https://www.sam.gov during contract performance and through final payment under this contract. To maintain an active registration in SAM, the Contractor shall review at least annually its registration in SAM and validate that the information is current, accurate, and complete.

(2) The Contractor is responsible for the currency, accuracy, and completeness of the information provided within SAM, and for any liability resulting from the Government’s reliance on inaccurate or incomplete information. Updating SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(c) Novation and change-of-name agreements.

(1) If the Contractor has legally changed its business name or “doing business as” name (whichever is shown on the contract), or has transferred the assets used to perform the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in part 42 of the Federal Acquisition Regulation (FAR), the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to —

(i) Change the legal business name in SAM;

(ii) Comply with the requirements of FAR part 42; and

(iii) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with its written notification sufficient documentation to support the legally changed name.

(2) If the Contractor fails to comply with the requirements of paragraph (c)(1) of this clause, or fails to perform the agreement at paragraph (c)(1)(iii) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(d) Assignees.

(1) The Contractor shall not change the legal business name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR part 32). Assignees shall be separately registered in SAM.

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(2) Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be incorrect information within the meaning of the “Suspension of Payment” paragraph of the EFT clause of this contract.

(e) Unique entity identifier (UEI). The Contractor shall ensure that its UEI is maintained throughout the life of the contract.

(f) Commercial and Government Entity (CAGE) code. The Contractor shall ensure that the CAGE code is maintained throughout the life of the contract. To update a CAGE code, the Contractor shall initiate the change by updating its SAM registration.

(g) Communicating changes. The Contractor shall communicate any change to its UEI or CAGE code to the Contracting Officer within 30 days after the change, so a modification can be issued to update the UEI or CAGE code on this contract. A change in the UEI does not necessarily require a novation.

(End of clause)

52.204-14 Service Contract Reporting Requirements (JAN 2026) (DEVIATION)

(a) Definition. As used in this clause—

First-tier subcontract means a subcontract awarded directly by the Contractor to acquire supplies or services (including construction) for performing a prime contract. It does not include the Contractor's supplier agreements with vendors, such as long-term arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a contractor's general and administrative expenses or indirect costs.

(b) Requirement. The Contractor shall report, according to paragraphs (c) and (d) of this clause, annually by October 31, for services performed under this contract during the preceding Government fiscal year (October 1-September 30).

(c) Report elements. The Contractor shall report the following information:

(1) Contract number and, as applicable, order number.

(2) The total dollar amount invoiced for services performed during the previous Government fiscal year under the contract.

(3) The number of Contractor direct labor hours expended on the services performed during the previous Government fiscal year.

(4) Data reported by subcontractors under paragraph (f) of this clause.

(d) Remedies. The Contractor shall submit the information required in paragraph (c) of this clause in the System for Award Management (SAM) at https://www.sam.gov (see SAM User Guide). If the Contractor fails to submit the report in a timely manner, the Contracting Officer will exercise appropriate contractual remedies. In addition, the Contracting Officer will make the Contractor's failure to comply with the reporting requirements a part of the Contractor's performance information under the Federal Acquisition Regulation part 42.

(e) Review. Agencies will review Contractor-reported information for reasonableness and consistency with available contract information. If the agency believes that revisions to the Contractor’s reported

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information are warranted, the agency will notify the Contractor no later than November 15. By November 30, the Contractor shall revise the report, or put its reason in writing for the agency.

(f) First-tier subcontracts.(1) The Contractor shall require each first-tier subcontractor providing services under this contract, with subcontract(s) each valued at or above the thresholds set forth in 4.303(b), to provide the following detailed information to the Contractor in sufficient time to submit the report:

(i) Subcontract number (including subcontractor name and unique entity identifier); and

(ii) The number of first-tier subcontractor direct-labor hours expended on the services performed during the previous Government fiscal year.

(2) The Contractor shall tell the subcontractor that the information will be made available to the public as required by section 743 of Division C of the Consolidated Appropriations Act, 2010.

(End of clause)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (JAN 2026) (DEVIATION)

(a) Definitions. As used in this clause-

Inverted…