Smart Grid and Cyber Physical Systems
Added: May 23, 2014 6:16 pm THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS PREPARED IN ACCORDANCE WITH THE FORMAT IN FAR SUBPART 12.6-STREAMLINED PROCEDURES FOR EVALUATION AND SOLICITATION FOR COMMERCIAL ITEMS-AS SUPPLEMENTED WITH ADDITIONAL INFORMATION INCLUDED IN THIS NOTICE. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTATIONS ARE BEING REQUESTED, AND A WRITTEN SOLICITATION DOCUMENT WILL NOT BE ISSUED. THIS SOLICITATION IS BEING ISSUED USING SIMPLIFIED ACQUISITION PROCEDURES UNDER THE AUTHORITY OF FAR SUBPART 13.5 TEST PROGRAM FOR CERTAIN COMMERCIAL ITEMSThis solicitation is a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect tough Federal Acquisition Circular 2005-72.The associated North American Industrial Classification System (NAICS) code for this procurement is 541690 with size standard of $14.0 Million.This acquisition is being procured as 100% Small Business Set-Aside.The Government requires all contractors doing business with the government to be registered with the System for Award Management (SAM). For additional information and to register in SAM, please access the following website: https://www.sam.gov/portal/public/SAM/. Award will not be made to any contractor that is not registered in SAM.The Government intent to award tee (3) Multiple Indefinite-Delivery/Indefinite-Quantity (IDIQ) Contracts. However, The Government reserved the right to award less or more. Task orders issued under this contract may be firm fixed price or labor hour type task orders. Task orders issued may be contain option periods.Minimum Contract Value: $5000.00Maximum Contract value: $6,250,000.00Qualified Interested parties shall quote on all work in the SOWs require for each CLIN listed and schedule labor rates.Period of performance: Five years (5) effective ordering period.Purpose: The NIST Smart Grid and Cyber Physical Systems Program Office coordinates cyber-physical systems development (including smart grid) tough various activities outlined in a series of workshop reports and in the EISA 2007 legislation. This solicitation is for an IDIQ that will provide technical support for these activities. Task orders issued under this contract may be firm fixed price or labor hour type task orders. The type of task order will be clearly identified in each individual order. As the tasks vary and are subject to rapidly developing and deploying technology, the IDIQ will provide an ability to streamline the procurement process to respond to needs in a more effective manner.Please reference the attached Statements of Work (SOW) for specific details and information regarding the requirements of this solicitation.Responsible quoters shall provide pricing for the following line items:Line Item 0001Description: The Contractor shall provide all labor, materials, equipment, and services necessary for task 1. Refer to the attached (SOW) for specific details and information regarding the requirements of this task.Period of Performance: Five years (5) effective ordering period.Line Item 0002Description: The Contractor shall provide all labor, materials, equipment, and services necessary for task 2. Refer to the attached (SOW) for specific details and information regarding the requirements of this task.Period of Performance: Five years (5) effective ordering period.Line Item 0003Description: The Contractor shall provide all labor, materials, equipment, and services necessary for task 3. Refer to the attached (SOW) for specific details and information regarding the requirements of this task.Period of Performance: Five years (5) effective ordering period.Line Item 0004Description: The Contractor shall provide all labor, materials, equipment, and services necessary for task 4. Refer to the attached (SOW) for specific details and information regarding the requirements of this task.Period of Performance: Five years (5) effective ordering periodLine Item 0005Description: The Contractor shall provide all labor, materials, equipment, and services necessary for task 5. Refer to the attached (SOW) for specific details and information regarding the requirements of this task.Period of Performance: Five years (5) effective ordering period.Line Item 0006Description: The Contractor shall provide all labor, materials, equipment, and services necessary for task 6. Refer to the attached (SOW) for specific details and information regarding the requirements of this task.Period of Performance: Five years (5) effective ordering period.Line Item 0007Description: Contractor shall provide not exceed amount for Others Direct Costs (ODC). Period of Performance: Five years (5) effective ordering periodLine Item 0008Unit of Issue: EADescription: Travel. All travel shall be in accordance with the Federal Travel Regulation. Contractor shall provide not exceed amount for Travel. Refer to the attached (SOW) for specific details and information regarding the requirements of this task.Period of Performance: Five years (5) effective ordering periodPROPOSAL INSTRUCTIONSOfferors shall examine and follow all instructions. Failure to do so will be at the Offeror's own risk. I. General1. Offerors shall furnish the proposal in tee (3) separate volumes, Technical (Volume I), Pricing for IDIQ Contract (Volume II) and Pricing for Mock Task Order (Volume III) in the quantities specified below. Each volume shall be complete in itself in order that evaluation of one volume may be accomplished independently of, and concurrently with, evaluation of the other.2. The page limit for the entire proposal combined is forty five (50) pages, excluding resumes, cover letter and executive summary; any pages beyond the 51th page will not be evaluated.3. The Offeror shall submit its proposal no later than the due date and time specified in this solicitation.II. Overall Arrangement of Proposal1. VOLUME I - TECHNICAL VOLUMEA. Volume I consists of the actual offer to enter into a contract to perform the desired work. It also includes required representations, certifications, and acknowledgments; justifications for noncompetitive proposed subcontracts; identification of technical data to be withheld; and any other administrative information. Volume I also shall consist of the Offeror's response to the technical and management aspects of the acquisition. It shall indicate your organization's capabilities and the means that the Offeror intends to use to satisfy the requirements of this solicitation. The quote shall provide straightforward, concise delineation of what it is you will do to satisfy the requirements of Solicitation. The proposal shall not merely offer to perform the work in accordance with the Statement of Work, but shall outline the approach proposed as specifically as practicable. A proposal that includes a mere repetition of the Solicitation will not be considered further for award.B. Format and Content. Volume I shall include the following:(B.1) Management Section(i) The solicitation number;(ii) The name of the company, DUNS number, Cage Code address, and telephone and facsimile numbers of the Offeror (and electronic address if available);(iii) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the Offeror's behalf with the Government in connection with this solicitation if applicable;(iv) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office; and(v) Any other business or administrative information that the Offeror wishes to include in its proposal.(B.2) Technical Section(i) The Technical portion of Volume I shall not exceed 35 pages, single sided, single spaced, using Times New Roman 11 or 12 Point Font. The 35 page limitation is exclusive of tables and figures, resumes and related experience and past performance. Resumes shall be limited to 3 pages per person. Project descriptions for experience and past performance shall be limited to ½ page per project. Information on publications and research shall be limited to 3 pages. An executive summary can be included, but will not be evaluated and does not count toward the 35 page limitation. See below summary of page limitation on Attachment C.(ii) Format shall include:(a) Table of Contents(b) List of Tables and Figures(c) Technical. The technical solution section should be the major portion of Volume I. It shall include four separate parts ((1), (2), (3) and (4) below). The Offeror shall confine information pertaining to each part to its appropriate part.1. Technical Capability Approach: The Offeror shall identify its technical capabilities and how these capabilities can successfully support this requirement in a timely manner.Technical Capabilities: The Offeror shall describe the technical approach that will be used to support the requirement as described in the attachments. The Government will evaluate the Offeror's approach to collecting and adjudicating public comments; evaluate the Offeror's approach to engaging standard-developing organizations (SDOs), standard-setting organizations (SSO) and other technical organizations; engaging technical committees and working groups of the Smart Grid Interoperability Panel (SGIP; approach to facilitating technical meetings and workshops; approach to performing needs assessment, developing research plans, and developing testing and certification network; plan to obtain and review documents, and maintain contacts within the international Smart Grid Community.2. Management Approach: The offeror's Management Approach will be evaluated for understanding and approach to outcome-based contracting including:• Proposed techniques, processes and measurements that ensure acceptable levels of performance.• Assessment of the offeror's proposed organization structure to include team members and/or subcontractors, planned locations, and how that organization fits into the overall corporate structure to determine if the contractor's management team has appropriate management authority.• Assessment of the means of communication between the offeror and its team members and/or subcontractors. Offerors approach for comprehensive reporting schedule and performance progress for status input and for earned-value management format3. Staffing Plan/Key Personnel:The Government anticipates Full Time Equivalent staffing with labor categories equivalent to: (i) Program Manager (Key Personnel)The Offeror may propose a labor category(s) applicable to their proposal that is different from the Government anticipation. If an alternate labor mix is quoted, Contractor shall provide an explanation as to how the government will benefit from the alternate labor mix. (Note: This information will be used solely for evaluation of labor mix and overall price.)(KeyThe Offeror shall provide a staffing plan and qualifications, experiences, education/training background, professional certifications and organizational membership described in the resumes for key personnel.The staffing plan must demonstrate that the Contractor and the proposed key personnel can successfully perform and complete the work of this project. For each Task, the Contractor must provide sufficient details to demonstrate that each proposed person has experience, education, qualifications, knowledge, and capabilities in the areas of Cbyer-Physical Systems and Smart Grid to successfully perform the tasks involved with the work of this project. The Contractor must provide each proposed person's work history for the past five years or more.4. Specialized ExperienceOfferors shall furnish experience with revising and implementing standards and roadmaps including gathering and analyzing relevant data from a broad spectrum of sources and stakeholders, identifying gaps in standards and other relevant concerns;Experience with Smart Grid and Cyber-Physical Systems related activities, including cyber-security issues; activities include participation as technical experts, facilitators, and conveners, identifying use cases and requirements, and guiding standards development tough relevant standards setting organizations;Experience with Smart Grid and Cyber-Physical Systems related activities, including cyber-security issues; activities include participation as technical experts, facilitators, and conveners, identifying use cases and requirements, and guiding standards development tough relevant standards setting organizations;Experience in facilitating Smart Grid and Cyber-Physical Systems related meetings and workshops;Experience in performing needs assessment, developing research plans, and developing testing and certification programs in the area of Smart Grid and Cyber-Physical Systems; and Experience with interactions with international Smart Grid activities, including participation in working groups and standards activities.d) Past Performance:The Offeror shall provide contact information for tee (3) references for past-performance for work performed within the last five (5) years with federal, state or local governments and commercial customers. The past performance references should be for projects of similar scope and complexity as the requirement herein. If the offer intends to use subcontractor(s) for part of this requirement, then the Offeror shall also provide that organization's past performance information. If the Offeror and, if applicable, its subcontractor(s) has no relevant past performance information, it should include a statement to that effect in its proposal.For each of the past performance information contracts, the Offeror shall provide the following information: Contract/Order Number; Contract type utilized (e.g., fixed-price, time-and-materials, labor-hour, cost-reimbursement); Description and relevance to solicitation requirements; Period of Performance - Indicate by month and year the start and completion (or "ongoing") dates for the contract; Name and address of the client with current telephone number and email address of a point of contact of the client responsible for this contract ( If a Government contract (federal or state), identify the Procuring Contracting Officer, Administrative Contracting Officer, and Contracting Officer's Representative (COR)); Total dollar value of contract, including options, if any; Information regarding any problems encountered on the contract and corrective actions taken to resolve those problems.2. VOLUME II - PRICING VOLUMEThe Offeror shall propose a price for each Contract Line Item Number (CLIN). The Offeror shall also provide a detailed breakdown that shows how those prices were derived and shall be based on the Offeror's proposal Volume I and solicitation requirements.The detailed breakdown shall include:i) Proposed monthly Firm-Fixed-Price for the various tasks in each CLIN 0001, 0002,0003,0004,0005, and 0006, including all corresponding CLINs for five (5) years ordering period. Offerors shall provide pricing for each year of the five (5) ordering period. CLINs 0007 and 0008 shall be not to exceed amount for five (5) years ordering period.ii) labor categoriesiii) labor rates (burdened)iv) Number of Hoursv) Other Direct Costs (ODCs) Offerors shall listed by category with unit prices and total amount(s). Offerors shall provide Cost breakdown of materials or equipment must be supported with the methodology used and vendor quotations supplied as applicable. This shall be not to exceed amount.vi) The Service Contract Act does not cover bona fide executive, administrative, or professional employees. If Contractor employees performing under this requirement fall within this exemption, offerors must state the applicable exemption.Offerors must submit the applicable wage determination for those labor categories covered under the Service Contract Act.This solicitation requires that offerors submit for evaluation a total compensation plan setting forth proposed salaries and fringe benefits for professional employees proposed to work on the contract. Supporting information will include data, such as recognized national and regional compensation surveys and studies of professional, public and private organizations, used in establishing the total compensation structure. Plans indicating unrealistically low professional employee compensation may be assessed adversely as one of the factors considered in making an award.SCHEDULE OF LABOR RATESThe following is a schedule of the fully burdened hourly labor rates to be applied to each labor category under this IDIQ contract for labor task orders. When submitting a quotation or proposal for a task order under this contract, the Contractor must propose a fully burdened hourly labor rate for the corresponding labor category to cover the five (5) years ordering period. The Government may request that, and the Contractor may offer the Government discounted labor rates from the rates listed below. However, the rates listed below may not be exceeded. When preparing a quotation or proposal for a task order under this contract, the Contractor shall apply a rate not exceeding the ceiling fully burdened hourly labor rates associated with the period of the IDIQ contract during which the work will be performed, and the place of performance whether it be on-site or off-site. See attachment D for schedule labor rates to be completed by the offeror. The proposed labor categories and rates which will be included in Section B of the resultant IDIQ contract. Offerors may proposed their own labor categories.Mock Task OrderAttachment B is Statement of Work (SOW) for a Mock Task Order for which offerors shall provide a firm fixed price. Pricing shall be submitted considering requirements of Mock Task Order. i) Proposed monthly Firm-Fixed-Price for the various tasks in the SOW for the mock task order for a period of 12 months. The Mock Task Order must be based on the offeror's own technical proposal, the Government's specifications, and the requirements within the Mock SOW. The firm fixed price shall be broken down in accordance with the following as applicable:ii) Labor Categoryiii) labor rates (burdened)iv) Number of hours;v) Other Direct Costs (ODCs) listed by category with unit prices and total amount(s). Provide Cost breakdown of materials or equipment must be supported with themethodology used and vendor quotations supplied as applicablevi) Travel, Provide not exceed amount.The Government expects that this contract will be awarded based upon adequate price competition. However in order to determine the prices are fair and reasonable, theGovernment reserves the right to request the offeror provide other than certified cost and pricing information.PROPOSAL SUBMISSIONAll proposals must be submitted electronically via Email, and be received not later than 2:00 PM Eastern time, on June 23, 2014. E-mail proposals shall not be deemed received until the proposal is entered in the e-mail inbox of Abdu-Kudus Yahaya at abdul-kudus.yahaya@nist.govAny questions or concerns regarding this solicitation must be forwarded in writing via e-mail to Divya Soni at divya.soni@nist.gov and Abdul-Kudus Yahaya, Contract Specialist, at abdul-kudus.yahaya@nist.gov no later than June 10, 2014 at 2:00PM Eastern Time.Primary Point of Contact:Divya Sonidivya.soni@nist.gov Phone: 301-975-6394Secondary Point of Contact:Primary Point of Contact:Abdul-Kudus Yahayaabdul-kudus.yahaya@nist.gov Phone: 301-975-8497Secondary Point of Contact: MiMi RobinsonContracting Officermimi.robinson@nist.gov Phone: 301-975-3696BASIS FOR AWARDBest Value, with the following criteria in descending order of importance:Factor 1 Technical Solution-the proposal will be evaluated on (1) how its technical capabilities can successfully support this requirement in a timely manner, (2) how well its proposed management reflects the understanding and approach to outcome-based contracting, (3) how well the staffing plan and proposed key personnel demonstrate that they can successfully perform the work of this project and (4) and the breadth of experience in the relevant areas realated to smart grid and cyber-physical systems.Factor 2 Past Performance- Evaluation of past performance will be a subjective assessment based on a consideration of all relevant facts and circumstances. NIST will consider the depth, breadth, and relevance the Offeror's experience of the Proposal. Past Performance will be evaluated and rated as Acceptable, Neutral or Unacceptable. In the case of an Offeror without a record of relevant past performance or for who past performance is not available, the Offeror will receive a Neutral rating. NIST reserves the right to contact the references submitted by the Offeror as well as use any additional information it obtains as part of the evaluation process. References other than those identified by the offeror, such as references in Department of Defense's Past Performance Information Retrieval System (PPIRS), may be utilized by the Government with the information received used in the evaluation of the Offeror's past performance. Offerors who receive a neutral rating on past performance may still be rated overall technically acceptable for evaluation purposes.Factor 3 - PriceThe Government will evaluate the reasonableness of the Offeror's proposed pricing over the life of the contract of each acceptable offer in relation to other acceptable offers. Evaluation of proposed pricing toughout the life of the contract shall not obligate the Government to issue order toughout the effective ordering periods.All evaluation factors other than price both individual and when combined, are considered more important than price. However, the Government will not select an offeror for award on the basis of technical merit without concern of its price. The degree of importance of price as an evaluation factor will increase with the degree of equality in the technical merits of the proposals.Note: FAR Clause 52.217-8 is included in the RFQ and will be in the subsequent award. As such, the Government will evaluate the pricing for the options period for award. The pricing that will be evaluated will be for the same amount as base period. This evaluation does not obligate the Government to actually exercise the option as in clause 52.217-8.TERMS AND CONDITIONS:52.252-1 Solicitation Provisions Incorporated by ReferenceThis solicitation incorporates one or more solicitation provisions 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. The Offeror is cautioned that the listed provisions may include blocks that must be completed by the Offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the Offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):http://acquisition.gov/comp/far/index.html.The following provisions apply to this acquisition: 52.204-7 System for Award Management52.212-1 Instructions to Offerors-Commercial Items; 52.212-2 Evaluation-Commercial Items;52.212-3 Offerors Representations and Certifications- Commercial Items.52.222-46 Evaluation of Compensation for Professional Employees52.252-2 Clauses Incorporated by ReferenceThis 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):http://acquisition.gov/comp/far/index.html.The following clauses apply to this acquisition: 52.212-4 Contract Terms and Conditions-Commercial Items; 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items including subparagraphs:52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards.52.209-6, Protecting the Government's Interest When Subcontracting with ContractorsDebarred, Suspended, or Proposed for Debarment.52.209-10, Prohibition on Contracting with Inverted Domestic Corporations.52.219-6, Notice of Total Small Business Set-Aside.52.219-8, Utilization of Small Business Concerns;52.219-14, Limitations on Subcontracting;52.219-16, Liquidated Damages-Subcontracting Plan;52.219-28 Post-Award Small Business Program Representation;52.222-3, Convict Labor; 52.222-19, Child Labor - Cooperation with Authorities and Remedies; 52.222-21, Prohibition of Segregated Facilities; 52-222-26, Equal Opportunity; 52.222-36, Affirmative Action for Workers with Disabilities; 52.222-41 Service Contract Act of 1965;52.223-18, Contractor Policy to Ban Text Messaging While Driving;52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act;52.225-13, Restriction on Certain Foreign Purchases;52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration;52.204-13 System for Award Management Maintenance;52.216-22 Indefinite Quantity;52.217-8 Option to Extend Services;52.217-9 Option to Extend the Term of the contract;52.222-50, Combating Trafficking in Persons;52.227-17 Rights in Data-Special Works;52.232-7 Payments Under Time-and-Materials and Labor-Hour Contracts52.232-40 Providing Accelerated Payments to Small Business Subcontractors ;52.233-4, Applicable Law for Breach of Contract Claim52.247-34, FOB Destination; and52.216-22 INDEFINITE QUANTITYThe following CAR clauses: (https://www.federalregister.gov/articles/2010/03/08/2010-4132/commerce-acquisition-regulation-car#h-372)1352.201-70 Contracting Officer's Authority1352.209-73 Compliance with the Laws1352.209-74 Organizational Conflict Of Interest 1352.213-70 Evaluation Utilizing Simplified Acquisition Procedures1352.216-74 Task orders1352.228-70 Insurance Coverage1352.237-70 Security Processing Requirements1352.237-73 Foreign national visitor and guest access to departmental resources;1352.237-75 Key Personnel 1352.239-71 Electronic and Information Technology1352.239-72 Security requirements for information technology resources1352.246-70 Place of acceptance - NIST 100 Bureau Drive Gaithersburg, MD1352.201-72 Contracting Officer's Representative (COR)(a) Name to be provided at Award 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: To be provided at AwardPhone 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 tough 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)52.216-18 ORDERING (OCT 1995)(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the date of award tough one year, unless option years are exercised.(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.(End of Clause)52.216-19 Order limitations(a) "Minimum order." When the Government requires supplies or services covered by this contract in an amount of less than $5000.00 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.(b) "Maximum order." The Contractor is not obligated to honor--(1) Any order for a single item in excess of $6,250,000.00(2) Any order for a combination of items in excess of $6,250,000.00 or(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 days after issuance, with written notice stating the Contractor`s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.(End of Clause)1352.216-76 PLACEMENT OF ORDERS (APR 2010)(a) The contractor shall provide goods and/or services under this contract only as directed in orders issued by authorized individuals. In accordance with FAR 16.505, each order will include:(1) Date of order;(2) Contract number and order number;(3) Item number and description, quantity, and unit price or estimated cost or fee;(4) Delivery or performance date;(5) Place of delivery or performance (including consignee);(6) Packaging, packing, and shipping instructions, if any;(7) Accounting and appropriation data;(8) Method of payment and payment office, if not specified in the contract;(9) Any other pertinent information.(b) In accordance with FAR 52.216-18, Ordering, the following individuals (or activities) are authorized to place orders against this contract:Contracting Officers within the Acquisition Management Division at NIST(c) If multiple awards have been made, the contact information for the DOC task and delivery order ombudsman is N/A(End of clause)1352.227-70 Rights in Data, Assignment of CopyrightIn accordance with 48 CFR 52.227-17, Rights in Data - Special Works, the contractor agrees to assign copyright to data, including reports and other copyrightable materials, first produced in performance of this contract to the United States Government, as represented by the Secretary of Commerce.(End of clause)NIST LOCAL-07 COMPUTER SECURITY POLICYAll contractor personnel shall read and be familiar with the Computer Security Policy at NIST which can be downloaded from the NIST internal web site at http//www-i.nist.gov/cio/itsd/pp_nist/policy/policy_accnuse.html. This policy is hereby incorporated by reference as if fully set forth. The Contractor and its employee(s) and agents shall abide by the terms and conditions of the policy toughout the period of performance (including any exercised option periods) of this contract.(End of clause)NIST LOCAL 36 - TRAVEL NOTE(a) The government will reimburse the contractor for all necessary expenses in connection with travel authorized pursuant to this order/contract. Costs incurred for lodging, meals, and incidental expenses shall be considered to be reasonable and allowable only to the extent that they do not exceed on a daily basis the maximum per diem rates in effect at the time of travel as set forth in the Federal Travel Regulations prescribed by the General Services Administration.(b) Subsistence is authorized in accordance with the DoC and Federal Travel Regulations. Invoices requesting reimbursement for travel must be accompanied by itemized paid receipts. The invoices must be submitted to the payment office specified elsewhere in this order/contract.NIST LOCAL-04 Billing Instructions(a) NIST prefers electronic Invoice/Voucher submissions and they should be emailed to INVOICE@NIST.GOV.(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 Office100 Bureau Drive, Mail Stop 1621Gaithersburg, MD 20899-1621(End of Clause)CONVERSION OF CONTRACT TYPEThe Government reserves the right to convert the Labor Hour type task order to Firm-Fixed Price type task order once the Government is able to better define the tasks. This right may be exercised at any time toughout the life of the task order tough a bilateral modification to the task order.(End of Text)LIMITATION OF COSTS ON LABOR HOUR TASK ORDERS(a) The parties estimate that performance of this contract, exclusive of any fee, will not cost the Government more than the ceiling price specified in the task order. The Contractor agrees to use its best efforts to perform the work specified in the task order and all obligations under this task order within the ceiling price.(b) The Contractor shall notify the Contracting Officer in writing whenever it has reason to believe that-(1) The costs the Contractor expects to incur under this contract in the next 60 days, when added to all costs previously incurred, will exceed75 percent of the ceiling price specified in the task order; or(2) The total cost for the performance of this task order will be either greater or substantially less than had been previously estimated.(c) As part of the notification, the Contractor shall provide the Contracting Officer a revised estimate of the total cost of performing this contract.(d) Except as required by other provisions of this contract, specifically citing and stated to be an exception to this clause-(1) The Government is not obligated to reimburse the Contractor for costs incurred in excess of the ceiling price specified in the task order; and(2) The Contractor is not obligated to continue performance under this contract (including actions under the Termination clause of this contract) or otherwise incur costs in excess of the ceiling price specified in the task order, until the Contracting Officer (i) notifies the Contractor in writing that the ceiling price has been increased and (ii) provides a revised estimated total cost of performing this contract.(e) No notice, communication, or representation in any form other than that specified in paragraph (d)(2) of this clause, or from any person other than the Contracting Officer, shall affect this task order's ceiling price. In the absence of the specified notice, the Government is not obligated to reimburse the Contractor for any costs in excess of the ceiling price of the task order.(f) Change orders shall not be considered an authorization to exceed the ceiling price to the Government specified in the task order, unless they contain a statement increasing the ceiling price.(End of clause)Department of Commerce Agency-Level Protest Procedures Level above the Contracting Officer is also incorporated. It can be downloaded at www.nist.gov/admin/od/contract/agency.htm.ORDERING PROCEDURESORDERING PROCEDURES UNDER MULTIPLE AWARD INDEFINITE DELIVERY/INDEFINITE QUANTITY CONTRACTSIndividual task orders will be procured tough competition among awardees.Competition will be limited to awardees only.This section sets procedures and criteria that will be used to provide multiple awardeesa fair opportunity to be considered for each task order issued under the resultant contract in accordance with FAR 16.505 Ordering.(a) Except as provided for in paragraph (b) of this section, for orders issued under multiple award IDIQ's, each awardee will be provided a fair opportunity to be considered for each order in excess of $3,000.00.Accelerated or streamlined procedures, such as e-mail or fax proposals will be utilized.The Government need not contact each of the contract awardees before selecting a task order awardee if the Government has information available to ensure that each Contractor is provided a fair opportunity to be considered for each order.(b) Awardees need not be given an opportunity to be considered for each order in excess of $3,000.00 under multiple award IDIQs if the Government determines that:(1) The agency's need for such supplies or services is of an urgency that providing such opportunity would result in unacceptable delays;(2) Only one Contractor is capable of providing such supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized;(3) The order should be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered on the original award.(c) Ordering will take place tough a competitive process. A request for quotation package will be forwarded to awardees via e-mail or fax. The following documents will be included in the request for quotation package:(1) A complete statement of work including the required tasks, deliverables, period of performance, associated information or documentation, and name and contact information for the responsible Contract Specialist;(2) The due date and time for quotations;Written solicitations and required specifications will be sent via facsimile or e-mail to each awardee's Senior Program Manager. To the maximum extent practicable, awardees will be permitted 10 calendar days to respond to RFQs.Facsimile and e-mail quotations shall be acceptable providing all required information is included.When submitting a facsimile or e-mail response, the Contractor agrees to be bound by the facsimile authorized signature or the originator of the e-mail the same as if submitted under an original signature.Only information transmitted tough the fax machine or received in the e-mail in-box of the Contract Specialist on or before the due date and time for quotations will be considered. It is the responsibility of each awardee to ensure that the complete quotation is submitted such that it is received timely by the Government. Late quotations, or portions thereof, will not be considered;Upon receipt of the Request for Quotation Package, Contractors shall prepare a firm fixed-price quotation and submit that quotation to the Contract Specialist on or before the date and time specified in the RFQ;The firm fixed-price quotation shall include all labor and other direct costs associated with the required work;(d) All timely quotations will be reviewed by the Contract Specialist, the COR and/or other authorized NIST Technical Personnel. If it is determined to be in the best interest of the Government, the Contracting Officer will enter into discussion with the offeror(s).If discussions are conducted, the Contracting Officer will request a revised quotation.Revised quotations will be re-evaluated by the COR and the Contracting Officer.Awardees should submit their best quotation in responding to individual Requests forQuotation, as the Government anticipates making awards without discussions.Awardees are not obligated to submit quotes for all requirements. Failure to submit a quote for one RFQ and/or late submission of a quote for any given task order will not preclude an awardee from being considered for future task orders. The Government does expect the courtesy of a "No Quote" if an offeror chooses not to respond to any given RFQ. Multiple no quotes or late quotes will be considered during evaluation of offerors performance prior to the exercise of option periods.(e) Award will be made to the Contractor submitting the quotation that represents the best value to the Government. While the Government anticipates awards being made a low price basis, the Government reserves the right to make award on a best value basis.RFQs will identify evaluation factors for award and the criteria for best value. Each quotation submitted will be evaluated individually. Best value will be determined in accordance with the criteria identified in the solicitation.(f) Every order placed under the IDIQ will be separately evaluated for price reasonableness by the Contract Specialist and the Contracting Officer.(g) The Contracting Officer will issue a firm fixed-price task order to the successful Contractor. The Optional Form 347 will be utilized for award and will be signed by the Contracting Officer.(h) Upon receipt of an executed task order, the Contractor must commence work as required by that order.NOTE: The Government does not anticipate any position being proposed to be under the Service Contract Act (SCA) of 1965. However, should your proposal include any of the labor categories covered under the SCA, the Applicable Service Contract Act Wage Determination information is as follows:Wage Determination No.: 2005-2103Revision No.: 13Date of Revision: 06/19/2013If this is applicable to proposal, identify the labor category or categories.Attachments:Attachment A, Statement of WorkAttachment B, Task Order Statement of WorkAttachment C, Page Limitation SummaryAttachment D, SCHEDULE OF LABOR RATES SB1341-14-RQ-0266 Department of Commerce National Institute of Standards and Technology
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