Procurement of Uninterruptible Power Supply (UPS) with Service Contracts
Combined Synopsis/Solicitation Request for Quotation Number: 1333ND20QNB640397 Subject: Procurement of Uninterruptible Power Supply (UPS) with Service Contracts THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS PREPARED IN ACCORDANCE WITH THE FORMAT IN FEDERAL ACQUISITION REGULATION (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 SEPARATE WRITTEN SOLICITATION DOCUMENT WILL NOT BE ISSUED. THIS SOLICITATION IS BEING ISSUED UNDER THE AUTHORITY OF FAR PART 13 SIMPLIFIED ACQUISITION PROCEDURES. This solicitation is a Request for Quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect tough Federal Acquisition Circular (FAC) 2020-07 effective August 3, 2020. The associated North American Industrial Classification System (NAICS) code for this procurement is 335999. All Other Miscellaneous Electrical Equipment and Component Manufacturing with size standard of 500 employees. This acquisition is 100% set-aside for small business. Responsible small business concerns may submit a firm fixed-price quotation for the contract line items as defined in accordance with (IAW) the Statement of Work (SoW) included in this Combined Synopsis/Solicitation (CS/S). All equipment must be new. Used or remanufactured equipment will not be considered for award. This acquisition is being conducted on a brand name or equal basis. Brand name or equal description is intended to be descriptive, but not restrictive and is to indicate the quality and characteristic of products that will be considered satisfactory to meet the agency’s requirement. A BRAND NAME or EQUAL configuration of the EATON 9355 UPS described below will fulfill the Government’s need. STATEMENT OF WORK BACKGROUND The Surface and Trace Chemical Analysis (STCA) Group conducts research on the chemical and structural properties of matter by applying various ion and photon based microscopies whose resolution range from micrometers to nanometers; researches the fundamental aspects of the excitation process, quantification, standards development, instrumental improvements, and data analysis challenges associated with these analytical methods; conducts research on autoradiography and nuclear track methods; conducts research in generation and size-calibration of particles; develops and applies methods for the concentration, separation, and isotope measurement of trace atmospheric gases and particles; and, applies analytical microscopy methods to problems in materials science, semiconductor technology, bioscience, environmental science, and homeland security. SCOPE The STCA group operates a Cameca IMS1270E7 large geometry secondary ion mass spectrometer (LG-SIMS) that provides critical support to projects focused on isotopic measurements and nuclear forensics research. As such, it is imperative that this instrument is always operating efficiently and effectively to deliver cutting-edge results in the relevant project areas. The instrument’s performance is extremely sensitive to electrical power fluctuations that often occur during storms and routine electrical grid maintenance. NIST has a need for an uninterruptible power supply (UPS) unit that can provide short term power to the instrument in the event of a temporary loss of electricity that would normally disrupt instrument operation. SPECIFICATIONS Installation of the UPS will be completed by NIST. All components of the UPS must be fully compatible to support the Cameca IMS1270E7. All components must be new. Used or remanufactured components will not be considered for award. CLIN 0001 UPS System: The Contractor shall deliver an Eaton Model 9355 uninterruptible power supply (UPS) or equal with the capacity to support the short-term operation of the Cameca IMS1270E7 in the event of power loss. The UPS system shall include a pre-assembled UPS tower which meets the following requirements: The complete UPS system shall fit within the following dimensions within building 217: 66 H x 40 W x 34 D (inches) This space is located in the 2nd floor mechanical room. One (1) Eaton 9355ups, 5x8 Startup, 30kVA/27kW, 208V Input/Output Online (Double Conversion). Includes: Power Xpert Gateway (PXGX) Card Topology, Advanced Battery Management Technology (ABM), (2) X-Slot Communication Bays. Input neutral required: Power Xpert Gateway Card, Internal Maintenance Bypass Switch, Single UPS Configuration. Hardwired In/Out. Dimensions: 66.0 H x 20.0 W x 34.1 D (inches) One (1) Eaton 9355 30kVA 2 String Line and Match Extended Battery Cabinet. Includes 36 Batteries with 31 minutes of runtime at 30kVA/27kW. Extra battery module for runtimes of: 100% total system capacity of 27kW resistive load: >30 minutes 18kW resistive load: >50 minutes Dimensions: 66.0 H x 20.0 W x 34.1 D (inches) One (1) Eaton 9355 30kVA 3-breaker Maintenance Bypass Panel 65kAIC: 225A Bus and Neutral, 125A MBP, 110A MIB, 110A MIS. Dimensions: 48.0 H x 20.0 W x 5.8 D (inches) 3-Year Battery Labor Coverage included. CLIN 0002 Startup and Commissioning: The Contactor shall provide system startup and commissioning by an Authorized Eaton Customer Service Engineer (CES). CLIN 0003 Base Year Service Contract (billed quarterly in arrears): The Contractor shall provide a service contract effective for one year from date of acceptance, to include: Next Business Day response time Parts and Labor Coverage (5x8 Response) 1 Preventative Maintenance Visit for the UPS and Batteries All travel related costs CLIN 0004 Option Year 1 Service Contract (billed quarterly in arrears): The Contractor shall provide a Service Contract that includes: Next Business Day response time Parts and Labor Coverage (5x8 Response) 1 Preventative Maintenance Visit for the UPS and Batteries All travel related costs CLIN 0005 Option Year 2 Service Contract (billed quarterly in arrears): The Contractor shall provide a Service Contract that includes: Next Business Day response time Parts and Labor Coverage (5x8 Response) 1 Preventative Maintenance Visit for the UPS and Batteries All travel related costs CLIN 0006 Option Year 3 Service Contract (billed quarterly in arrears): The Contractor shall provide a Service Contract that includes: Next Business Day response time Parts and Labor Coverage (5x8 Response) 1 Preventative Maintenance Visit for the UPS and Batteries All travel related costs PERIOD OF PERFORMANCE The Period of Performance shall be the BASE PERIOD of 15 Months from date of award (3 Months to accommodate Delivery, Installation, Start-up, and Commissioning and 12 Months for the base period Service Contract). OPTION YEAR 1: BEGINS 365 DAYS AFTER THE BASE PERIOD ENDS OPTION YEAR 2: BEGINS 365 DAYS AFTER OPTION YEAR 1 ENDS OPTION YEAR 3: BEGINS 365 DAYS AFTER OPTION YEAR 2 ENDS PLACE OF PERFORMANCE NIST, Gaithersburg, Maryland. Normal duty hours are Monday tough Friday, 8:30 a.m. to 5:00 p.m. with the exception of Federal holidays. However, due to current access restrictions, performance shall not take place until the Contractor coordinates with the designated Technical Point of Contact (TPOC) and Contracting Officer (CO). Prior to commencement of performance, the Contractor must ensure NISTs campus is open and performance can occur. If the period of performance is impacted due to restricted campus access, a modification may be executed by the CO to establish a revised period of performance. DELIVERY The Contractor shall deliver the equipment FOB Destination to NIST within 60 days from date of award to NIST, 100 Bureau Drive, Building 301, Gaithersburg, MD 20899. The Contractor shall coordinate shipment of the UPS with the TPoC prior to release from the manufacturer’s site. However, due to current to access restrictions delivery shall not take place until the Contractor coordinates with the designated Technical Point of Contact (TPoC) and Contracting Officer (CO). Prior to shipment, the Contractor must ensure NISTs campus is open and accepting deliveries. If the restrictions of access to the campus impacts delivery schedules, a modification may be executed by the CO to establish an extended delivery timeframe. 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 an/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. All shipping costs shall be included in the total firm-fixed price. INSTALLATION, TESTING, AND ACCEPTANCE NIST will prepare the site prior to receive the UPS. NIST will complete the installation of the UPS in Bldg. 217. The Contractor shall contact Eaton to schedule an Authorized Eaton CES for the purpose of inspecting the installed UPS and to perform start-up and commissioning service of the UPS. Upon completion of the start-up and commissioning by the Authorized Eaton CES, Government acceptance will occur within 7 days of testing to demonstrate that all performance specifications listed above have been met. DELIVERABLES Description Quantity Due Date Uninterruptible Power Supply (UPS), Battery Cabinet, 36 Batteries + Bypass Panel One (1) Within 60 days from DOA Operations Manual (O-M) One (1) Within 60 days from DOA Startup and Commissioning by CES One (1) Time Within 30 days from UPS Delivery Preventative Maintenance (PM) visit One (1)/year Before the end of each service contract year WARRANTY The Contractor shall provide a service contract covering one year from date of acceptance as described at a minimum of the details within CLIN 0003. GENERAL INFORMATION Safety: The Contractor employee shall be responsible for knowing and complying with NIST installation safety prevention regulations at: http://www-i.nist.gov/mml/safety/policies/index.htm. Such regulations include, but are not limited to, general safety, fire prevention, and waste disposal. Access to Facilities: To support social distancing efforts, the Contractor shall contact the TPOC and the Contract Specialist by email no less than 72 hours prior to the scheduled access for all visits. The Contractor shall review current site access requirements found at: https://www.nist.gov/campus-status. The TPOC must work with their supervisor on any mission-essential visitors, deliveries, or shipments, which must be approved by senior Commerce or Bureau leadership prior to allowing access. The TPOC shall follow any provisions as directed by NIST at: https://inet.nist.gov/ and https://inet.nist.gov/admr/coronavirus-disease-2019-covid-19-guidance-faqs. The TPOC shall include the Contract Specialist on all correspondence so the award file is properly documented. Security: NIST is a restricted campus. A visitor’s pass is required for entry into buildings and is to be shown to the armed Security Police when entering the campus. Contractor Registration: The Contractor shall provide the name and citizenship information for the Authorized Eaton Customer Service Engineer (CES) or Agent to the NIST TPOC prior to arrival. The TPOC will submit the name(s) and citizenship information to the NIST Office of Security to gain access to the NIST campus to perform, start-up and commissioning, on-site preventive maintenance (PMs) and/or repair of the UPS. ACCEPTANCE CRITERIA AND PAYMENT SCHEDULE Final acceptance by the Government will be granted after confirmation that the equipment meets all minimum specifications listed above and the start-up and commissioning resulted in the UPS system being fully operational. The warranty shall not commence until final acceptance has been granted by the Government. Should any deficiencies be noted prior to final acceptance, the Contractor will be notified and provided the opportunity to correct all deficiencies, at their expense, in accordance with the commercial terms and conditions of the contract. The Contractor shall be paid in one lump sum payment upon submission of a proper invoice, and acceptance by the Government. Partial payments will not be authorized. EVALUATION CRITERIA AND BASIS FOR AWARD The Government will award a purchase order resulting from this solicitation to the responsible quoter whose quotation, conforming to the solicitation, is determined to be the lowest priced, technically acceptable quotation. Technically acceptable means that the Contractor provides a UPS system that meets all specifications defined in the Statement of Work of this combined synopsis/solicitation. REQUIRED SUBMISSIONS All quoters shall submit the following within their quotation: A firm-fixed price, FOB Destination price quotation, which fully addresses the SOW. The quoter is encouraged to discount its pricing. If a price discount is offered, identify the percentage of price discount and/or price reduction offered. As a point of reference for price discounts offered, the quoter shall include a copy of its published pricelist page(s) associated with the item(s) being discounted. One electronic copy of technical description and/or product literature. Quoters shall include the manufacturer, make and model of the product, manufacturer sales literature or other product literature which CLEARLY DOCUMENTS that the offered product meets the required minimum specifications stated herein. It is the responsibility of the quoter to ensure that all specifications are clearly documented; If product literature does not address any given specification, a discussion of how the Contractor will meet or exceed that required specification shall be provided. Modifications to the quoted UPS system must be discussed; 4) Details of the proposed warranty; 5) The timeline for delivery; 6) This is an Open-Market Combined Synopsis/Solicitation for commercial equipment, as defined herein. The Government intends to award a Purchase Order resulting from this Combined Synopsis/Solicitation that will include the terms and conditions that are set forth herein. In order to facilitate the award process, ALL quotes shall include a statement regarding the terms and conditions herein as follows: The quoter shall state “The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition.” OR The quoter shall state “The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:” Quoter’s shall list exception(s) and rationale for the exception(s) Please note that this procurement IS NOT being conducted under the GSA Federal Supply Schedule (FSS) program or another Government-Wide Area Contract (GWAC). If a quoter submits a quotation based upon an FSS or GWAC contract, the Government will accept the quoted price. However, the terms and conditions stated herein will be included in any resultant Purchase Order, not the terms and conditions of the offeror’s FSS or GWAC contract, and the statement required above shall be included in the quotation; The Dun and Bradstreet Number (DUNS number) for the quoter’s active System for Award Management (SAM) registration. Quoters must have an active registration at www.SAM.Gov to submit a quote. If the quoters representations and certifications in sam.gov/SAM/ do not reflect the NAICS governing this solicitation, the quoter should submit documentation that it is a small business under the NAICS governing this solicitation. The country of manufacture for the quoted UPS system; DUE DATE FOR QUOTATIONS All quotations must be submitted via e-mail to Harry Brubaker, Contract Specialist, at harry.brubaker@nist.gov. FAX quotations will not be accepted. Submission must be received not later than 12:01 p.m. Eastern Time on Friday, August 14, 2020. A quotation shall be considered received when it is received in the electronic inbox of Harry Brubaker not later than the date and time identified herein. Only information received on or before the due date and time for receipt of quotations will be considered for award. Any quotation, or part thereof, received after the due date and time for receipt of quotations, will be deemed late and not considered for award. This solicitation does not commit the Government to pay any costs for the preparation and submission of a quotation. The Contracting Officer is the only individual who can legally commit and obligate the Government to the expenditure of public funds in connection with this proposed acquisition. PROVISIONS AND CLAUSES 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018) 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018) 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020) 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MANAGEMENT (AUG 2020) 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) 52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017) 52.211-6 BRAND NAME OR EQUAL (AUG 1999) 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2020) 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUN 2020) 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (OCT 2018) 52.217-5 EVALUATIN OF OPTIONS (JULY 1990) 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN--REPRESENTATION AND CERTIFICATIONS (JUN 2020) 52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002) 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013) 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION. (APR 1984) 52.247-34 F.O.B. DESTINATION (NOV 1991) 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) 52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016) Definitions. As used in this provision-- Commercial and Government Entity (CAGE) code means-- 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; or An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code. Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner. Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. The Offeror represents that it [--] has or [--] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture. If the Offeror indicates has in paragraph (b) of this provision, enter the following information: Immediate owner CAGE code: Immediate owner legal name: (Do not use a doing business as name) Is the immediate owner owned or controlled by another entity: [--] Yes or [--] No. If the Offeror indicates yes in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information: Highest-level owner CAGE code: Highest-level owner legal name: (Do not use a doing business as name) (End Of Provision) 52.204-20 PREDECESSOR OF OFFEROR (JUL 2016) (a) Definitions. As used in this provision-- Commercial and Government Entity (CAGE) code means-- 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; or An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code. Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor. Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often tough acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances. (b) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last tee years. (c) If the Offeror has indicated "is" in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last tee years (if more than one predecessor, list in reverse conological order): Predecessor CAGE code: (or mark "Unknown"). Predecessor legal name: . (Do not use a "doing business as" name). (End Of Provision) 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019) The Offeror shall not complete the representation in this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications--Commercial Items. (a) Definitions. As used in this provision-- Covered telecommunications equipment or services, critical technology, and substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing-- (1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services". (d) Representation. The Offeror represents that it [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. (e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it "will" provide covered telecommunications equipment or services", the Offeror shall provide the following information as part of the offer-- (1) A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable); (2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision; (3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and (4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known). (End Of Provision) 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION. As prescribed in 4.2105(c), insert the following provision: Covered Telecommunications Equipment or Services-Representation (Dec 2019) (a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”. (c) Representation. The Offeror represents that it does, does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument. (End Of Provision) 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-REPRESENTATION. As prescribed in 9.108-5(a), insert the following provision: Prohibition on Contracting with Inverted Domestic Corporations-Representation (Nov 2015) (a) Definitions. “Inverted domestic corporation” and “subsidiary” have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10). (b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4. (c) Representation. The Offeror represents that- (1) It is, is not an inverted domestic corporation; and (2) It is, is not a subsidiary of an inverted domestic corporation. (End Of Provision) 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that-- Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. The Offeror represents that-- It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (End Of Provision) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUJ 2020) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91). (3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232). (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015). (5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509). (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) XX(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note). (5) [Reserved] (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C). (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C). XX(8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note). (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313). (10) [Reserved] (11)(i)52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a). (12) (i)52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020)) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). (13) [Reserved] XX (14) (i)52.219-6, Notice of Total Small Business Set-Aside (MAR 2020)) (15 U.S.C. 644). (15) (i)52.219-7, Notice of Partial Small Business Set-Aside (MAR 2020)) (15 U.S.C. 644). (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)). (17) (i)52.219-9, Small Business Subcontracting Plan (JUN 2020)) (15 U.S.C. 637(d)(4)). XX (18) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)). (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)). (20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)). (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020)) (15 U.S.C. 657f). XX (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (MAY 2020)) (15 U.S.C. 632(a)(2)). (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)). (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)). (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)). XX (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)). (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755). XX (28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126). XX (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015). XX (30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246). (31) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). XX (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793). (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212). (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). XX (35)(i)52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627). (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693). (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693). (40)(i)52.223-13, Acquisition of EPEAT(R) -Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514). (41)(i)52.223-14, Acquisition of EPEAT(R) -Registered Television (JUN 2014) (E.O.s 13423 and 13514). (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b). (43)(i)52.223-16, Acquisition of EPEAT(R)-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514). XX (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513). (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693). (46) 52.223-21, Foams (JUN 2016) (E.O. 13693). (47)(i)52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). XX (48) 52.225-1, Buy American--Supplies (MAY 2014) (41 U.S.C. chapter 83). (49)(i)52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41,112-42, and 112-43). (50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). XX (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150). (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150). (55) 52.229-12, Tax on Certain Foreign Procurements (JUN 2020). (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C.4505, 10U.S.C.2307(f)). (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). XX (58) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (OCT 2018) (31 U.S.C. 3332). (59) 52.232-34, Payment by Electronic Funds Transfer - Other Than System for Award Management (JUL 2013) (31 U.S.C. 3332). (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332). (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a). (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)). (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67). (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67). (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67). XX (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67). (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67). (7) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015). (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition teshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-- 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509). 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91). 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232). 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable teshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. 52.222-21, Prohibition of Segregated Facilities (APR 2015). 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246). 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793). 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212). 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. 52.222-41, Service Contract Labor Standards (AUG 2018), (41 U.S.C. chapter 67). (A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627). (B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627). 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) 41 U.S.C. chapter 67.) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989). 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015). 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). (B) Alternate I (JAN 2017) of 52.224-3. 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End Of Clause) 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) As prescribed in 17.208(f), insert a clause substantially the same as the following: The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 1 day. (End Of Clause) 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) As prescribed in 17.208(g), insert a clause substantially the same as the following: (a) The Government may extend the term of this contract by written notice to the Contractor within 1 day; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years. (End Of Clause) 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999) As prescribed in 22.810(a)(2), insert the following provision: The offeror represents that- It has, has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; It has, has not filed all required compliance reports; and Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards. (End Of Provision) 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984) As prescribed in 22.810(d), insert the following provision: The offeror represents that- (a) It has developed and has on file, has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2); or (b) It has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (End Of Provision) 52.225-2 BUY AMERICAN CERTIFICATE (MAY 2014) (a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of domestic end product. The terms commercially available off-the-shelf (COTS) item, component, domestic end product, end product, foreign end product, and United States are defined in the clause of this solicitation entitled Buy American -Supplies. (b) Foreign End Products: _____________________________________________________________ | Line Item No. | Country of Origin | | | | |___________________________|_________________________________| | | | |___________________________|_________________________________| | | | |___________________________|_________________________________| [List as necessary] (c) The Government will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation. (End Of Provision) 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS [(DEVIATION APR 2020)] (a)[(1) In accordance with 31 U.S.C. 3903 and 10 U.S.C. 2307, u]Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract [in accordance with the accelerated payment date established], to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, [with a goal of 15 days] after receipt of a proper invoice and all other required documentation from the small business subcontractor [if a specific payment date is not established by contract. (2) The Contractor agrees to make such payments to its small business subcontractors without any further consideration from or fees charged to the subcontractor]. (b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. (c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items. (End Of Clause) 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This 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): Federal Acquisition Regulation (FAR): www.acquisition.gov/far/ (End Of Provision) 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): Federal Acquisition Regulation (FAR): www.acquisition.gov/far/ Commerce Acquisition Regulation (CAR): https://www.ecfr.gov/cgi-bin/text-idx?SID=8b5f22b07c12a52e8b29841ad60f1fd9&mc=true&tpl=/ecfrbrowse/Title48/48chapter13.tpl (End Of Clause) 1352.215-72 INQUIRIES (APR 2010) Offerors must submit all questions concerning this solicitation in writing to harry.brubaker@nist.gov . Questions should be received no later than 12:01 pm, Eastern Time, Wednesday August 12, 2020. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract. (End Of Clause) 1352.233-70 AGENCY PROTESTS (APR 2010) An agency protest may be filed with either: (1) the contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 Fed. Reg. 16,651 (April 6, 1999) Agency protests filed with the Contracting Officer shall be sent to the following address: NIST/ACQUISITION MANAGEMENT DIVISION ATTN: RANDY SCHROYER, CONTRACTING OFFICER 100 Bureau Drive, MS 1640 Gaithersburg, MD 20899 Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: NIST/ACQUISITION MANAGEMENT DIVISION ATTN: HEAD OF THE CONTRACTING OFFICE (HCO) 100 Bureau Drive, MS 1640 Gaithersburg, MD 20899 A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority. Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W. Washington, D.C. 20230 FAX: (202) 482-5858 (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: NIST 100 Bureau Drive, Gaithersburg, Maryland 20899 (End Of Clause) NIST LOCAL-53 CONTRACT PERFORMANCE DURING CHANGES IN NIST OPERATING STATUS Unless otherwise stated in the contract terms and conditions, normal days of business operation are Monday tough Friday, excluding Federal Holidays. However, toughout the contract period of performance, there may be circumstances beyond the control of the U.S. Department of Commerce, National Institute of Standards and Technology (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 During 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 personnel. If performance of the contract is onsite and/or requires Government interaction, unless you have been, or are notified that you are to work under an excepted status, you will automatically enter a temporary work stoppage. The work stoppage shall remain in effect until the lapse is resolved and notification is provided via the NIST website at https://www.nist.gov/ and/or the NIST operating status lines. 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 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 cause the government to incur additional obligations during the lapse in appropriation may continue performance. (End Of Clause) 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: Contract number; Contractor name and address; Unique entity identifier (see www.sam.gov for the designated entity for establishing unique entity identifiers); Date of invoice; Invoice number; Amount of invoice and cumulative amount invoiced to-date; Contract Line Item Number (CLIN); Description, quantity, unit of measure, unit price, and extended price of supplies/services delivered; Prompt payment discount terms, if offered; and Any other information or documentation required by the contract. (End Of Clause) 1333ND20QNB640397 Department of Commerce National Institute of Standards and Technology
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