COMBINED_SYNOPSIS-NB680383.docx

Service for DC Power Measurements- 1333ND-18-Q-NB680383

CLASSIFICATION CODE: R - Professional, Administrative and Management Support Services

SOLICITATION NUMBER: 1333ND-18-Q-NB680383

RESPONSE DATE: August 23, 2018 at 12:00 PM ET

CONTACT POINTS: Sedigah Gizabi, Contract Specialist, (301) 975-8249 Robert Cowins, Contracting Officer, (301) 975-8335

DESCRIPTION:

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; QUOTATION ARE BEING REQUESTED, AND A SEPARATE WRITTEN SOLICITATION DOCUMENT WILL NOT BE ISSUED. THE SOLICITATION IS BEING ISSUED USING SIMPLIFIED ACQUISITION PROCEDURES FOR CERTAIN COMMERCIAL ITEMS UNDER THE AUTHORITY OF FAR Part 13.

This solicitation is a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-98, dated May 01, 2018.

1352.215-72 INQUIRIES (APR 2010)

Offerors must submit all questions concerning this solicitation in writing to both the Contract Specialist (Sedigah.gizabi@nist.gov) and the Contracting Officer (robert.cowins@nist.gov). Questions should be received no later than August 17, 2018 at 12 pm Eastern Time. All responses to the 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, on the question responses included in the amendment to the solicitation will govern performance of the contract. (end of provision)

The associated North American Industrial Classification System (NAICS) code for this procurement is 541511- Custom Computer Programming Services, with a small business size standard of $27.5 Million.

This acquisition is being 100% set aside for Small Business.

Statement of Work (SOW)

Service for DC Power Measurements

Background

The National Institute of Standards and Technology (NIST) has a measurement service for DC Power measurements. NIST has developed a calibration database that this calibration service will utilize in order to automate data analysis. This measurement system requires it’s data format and records to be changed to use this database structure. In addition, this database needs to be configured for the calibration service.

In order to maintain an efficient and high-quality DC Power calibration service, NIST must continue to improve their cost-effectiveness, maintain the quality system, and perform periodic inter comparisons with other national metrology institutes.

Scope of Work

The Contractor shall develop and configure the NIST calibration database formats for use with the DC power calibration system and services, and develop software tools to store, analyze, and process data from the DC power measurement system. All procedures and documentations shall comply with the NIST Quality System, in accordance with the International Electro Technical Commission (IEC) 17025 quality document. The Contractor shall provide all support for project oversight, administration and technical execution of this contract. The Contractor is responsible for maintaining records of project activities.

CLIN 0001: The Contractor shall complete services/tasks below; the services/tasks shall include labor, travel, and per diem.

Specific Tasks

1. Shall configure NIST calibration database for use with the DC Power calibration system:

a. An environment needs to be created in the Oracle database, which requires setting up attribute information, instruments information, measurement systems information, measurement service information, measurement process information and search template configurations. Once the environment is created and set up, then the environment configuration shall need to be completed. This shall include, measurement system configuration, instrument configuration, test point configuration, measurement process configuration and input fields configuration.

2. Shall modify data recording and storage structure for the NIST DC Power calibration system to work such that files can be automatically uploaded to the NIST calibration database with the NIST calibration database.

3. Shall automate data analysis and calibration report generation.

a. For the calibration services, develop software that will automatically process, summarize, compute uncertainties and apply corrections data taken on the NIST DC Power calibration system. The software shall also generate tables of results and generate test reports for the DC Power calibration service. The software shall be 100% compatible and run under Windows 7.

b. The processing software shall operate with minimal amount of human interaction. For example; Date ranges of data are selected along with a specific instrument and the software will then do all the processing, summarizing, uncertainty calculations, and corrections then generate a test report from the data. The test report format and wording shall be provided by the Technical Point of Contact (TPOC). It shall be provided in hard copy format within fifteen (15) business days of award of contract.

4. Shall automate control chart generation using DC Power check standards. The control charts shall display 1 sigma and 2 sigma uncertainties with calculated drift rates for NIST check standard meters.

5. Shall modify existing NIST Distorted Power measurement calibration database, data recording structure, automated data analysis and automated control chart generation to allow use of a second reference measurement instrument allowing selection of either the existing reference instrument or second reference instrument.

6. Shall house wiring impedance emulation board for use with a Light board with ANSI C12 sockets for metering of the light board electricity use. The emulation board shall simulate the wiring impedance of 2 different circuit lengths for a typical lighting circuit in a residential single family dwelling. The load of the light board is 120V, 30A. The wiring lengths are 30 feet and 80 feet.

Deliverables and Deliverable Due Dates

Number/ Reference

10 months after award

The TPOC/COR will provide comments on each deliverable within fifteen (15) calendar days from receipt of a given deliverable. The Contractor shall make any needed changes to the reports within fifteen (15) calendar days from receipt of electronic or written comments from the TPOC/COR. Maximum of one (1) revision is acceptable. The TPOC/COR will provide written notification, within fifteen (15) days of when a deliverable is accepted. Deliverables shall be inspected by the TPOC/COR and deemed acceptable after all specified requirements and revision comments have been successfully addressed

PERFORMANCE REQUIREMENT SUMMARY

Development and configuration of the NIST calibration database formats, and software tools to store, analyze, and process data.

The IEC 17025 has a copyright. As such it will not be provided by NIST. It is available for purchase on the following IEC Website: https://webstore.iec,ch/

CONTRACTOR REQUIREMENTS

A. Minimum Qualifications Non-Key Personnel

The Contractor shall meet the following minimum qualifications:

1. Knowledge and experience of quality systems, particularly the requirements of ISO/IEC 17025.

2. Knowledge and experience of database operation

3. Knowledge and experience of automated data analysis programming

4. Knowledge and experience of electrical engineering, including an understanding of measurements of ac and dc voltage, phase angle measurements, power and energy measurements.

5. Knowledge and experience in National Electric Code

6. Understanding of and experience of precision sampling systems, electric energy meters, Josephson voltage standards, current comparators and current comparator bridges, electronic signal sampling techniques, digital multi-meters. Knowledge of uncertainty analysis and experience developing uncertainty budgets.

B. Minimum Qualifications of Key Personnel

1. 5 years experience in use of 17025

2. 5 years experience in use of database operations

3. 10 years experience in data analysis programming

4. 10 years experience in electrical engineering

5. 5 years experience in applying the National Electric Code

6. 10 years experience in working with precision sampling systems, electric energy meters, Josephson voltage standards, current comparators and current comparator bridges, electronic signal sampling techniques, digital multi-meters and developing and applying uncertainty analysis and uncertainty budgets

PERIOD OF PERFORMANCE

The period of performance shall be one (1) year from issuance of purchase order.

PLACE OF PERFORMANCE

All work shall be accomplished at NIST, Gaithersburg, Maryland BLDG. 218 Room E025. Duty hours are Monday through Friday, 8:00 a.m. to 5:00 p.m. with the exception of Federal holidays.

GOVERNMENT-FURNISHED PROPERTY, DATA AND/OR INFORMATION

All material provided by the Government in the performance of this project remains the property of the Government and shall be surrendered to the Government upon completion or termination of this project.

The property listed in this section (below) is property that is incidental to the place of performance due to the contract requiring contractor personnel to be located on a Government site and the property used by the contractor within the location remains accountable to the Government. Per FAR Part 45.000(5) items considered to be incidental to the place of performance include: office space, desks, chairs, telephones, computers and fax machines.

1. Incidental property provided:

1. Office space

1. Desk

1. Chair

1. Telephone

1. Computer

1. Fax Machine

1. Vendor shall be provided access to the following as needed to perform the required tasks:

0. Calibration Records

0. Software

0. Electrical Standards

0. Hardware for house wiring impedance emulation board.

General Information

Contractor Registration: The Contractor shall provide the name and citizenship information of the on-site technician(s) to the NIST TPOC prior to arrival. The TPOC will submit the name(s) and citizenship information to the NIST Office of Security in order for a given Contractor employee to enter the NIST campus to perform on-site preventive maintenance or repairs of the instruments.

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

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

Regular Business Hours. Regular business hours are Monday through Friday, 8:30 am to 5:00 pm Eastern Time.

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

Vehicle Registration: All Contractor employees must register their vehicles with the NIST Security Office to gain access to the campus. A valid driver’s license, Government-furnished civilian ID, proof of insurance and current registration must be presented to the NIST Security Office, at which time a NIST vehicle pass will be issued. The pass shall be displayed on the vehicle in accordance with NIST Security Office instructions.

FAR 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

INSTRUCTIONS:

System for Award Management (SAM) Registration

In accordance with FAR 52.204-7, the awardee must be registered in the System for Award Management (www.sam.gov) prior to award. Refusal to register shall forfeit award.

DUE DATE FOR QUOTATIONS

Offerors shall submit their electronic quotations, via email, so that NIST receives them not later than 12pm Eastern Time on August 23, 2018 at 12:00 pm (ET). E-mail quotation shall be submitted directly to the Contract Specialist at sedigah.gizabi@nist.gov and the Contracting Officer at robert.cowins@nist.gov.

Please reference the RFQ number in the subject line of email communications. Offerors quotations shall not be deemed received by the Government until the quotation is entered in the e-mail inbox set forth above.

Addendum to FAR 52.212-1, Quotation Preparation Instructions:

Price Quotation (Vol. I), Technical Quotation (Vol. II) and Terms and Conditions (Vol. III)

Incomplete quotations may be considered non-responsive and removed from further consideration. Quotations shall be clearly and concisely written as well as being neat, indexed (cross-indexed as appropriate) and logically assembled. All pages of each part shall be appropriately numbered and identified with the name of the offeror, the date, and the solicitation number.

Volume I - Price Quotation:

The pricing quotation shall be separate from the technical quotation. The vendor must provide a fully burdened hourly labor rate for each proposed labor category, a total number of estimated hours to be worked for each labor category, and a total firm fixed price for each labor category. The firm-fixed-Price for each labor category shall be calculated by multiplying the appropriate labor category fully burdened hourly rate(s) by the proposed number of hours to be worked under that labor category. The offeror shall propose a firm fixed price Payment Schedule for the resultant purchase order. It is anticipated that the proposed Payment Schedule if accepted by the Government will be incorporated into the resultant purchase order awarded.

Volume II - Technical Quotation:

The technical quotation shall address the following:

Technical Capability: The technical quotation shall address the offeror’s detailed technical approach for satisfying the SOW requirements. The technical approach shall address how the vendor will (a) perform and manage individual tasks required by the SOW; and (b) ensure that Contractor services and deliverables comply with the requirements of the SOW.

Experience: The offeror shall demonstrate the extent of the experience attained providing a similar service. The offeror shall provide a resume for each person proposed as key personnel, to include name, education, experience, and country of citizenship. If a candidate is not a US citizen, then the proper documentation, as required by CAR clause 1352.237-73, must be provided with the quotation.

Past Performance: The offeror shall provide past performance information regarding relevant contracts over the past five (5) years with Federal, state, or local governments, or commercial customers. If the offeror intends to subcontract with another firm(s) for part of this requirement, that firm’s past performance information shall also be provided. If the offeror has no relevant past performance, it may include a statement to that effect in its quotation. The government reserves the right to consider data obtained from sources other than those described by the offeror in its quotation. It is recommended that approximately 3-5 contracts be referenced.

The description of each contract/order described in this section shall not exceed one half page in length. For each contract/order, the offeror shall provide the following information:

1. Contract number;

2. Description and relevance to solicitation requirements including dollar value;

3. Period of Performance – indicate by month and year the state and completion (or “ongoing”) dates for the contract;

4. Reference Contact – If a non-Government contract, identify the name and address of the client with current telephone number and email address of a point of contact of the client responsible for the contract;

5. Contracting Office – If a Government contract (Federal or state), identify the Procuring Contracting Officer (PCO), Administrative Contracting Officer (ACO), and Contracting Officer’s Representative (COR), and their names, current telephone numbers and email addresses.

6. Problems Encountered – include information regarding information regarding any problems encountered on the contracts described above and corrective actions taken to resolve those problems.

Volume III – Terms and Conditions

Provisions

Offerors shall provide a completed copy of all provisions listed below:

1. FAR 52.209-11 Representation By Corporations Regarding An Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Feb 2016)

1. FAR 52.204-20 Predecessor Of Offeror (Jul 2016)

Acceptance of Terms and Conditions: This is an open-market solicitation for equipment as defined herein. The Government intends to award a Purchase Order as a result of this solicitation that will include the clauses set forth herein. The quotation should include one of the following statements:

“The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition.”

OR

“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:

Offeror shall list exception(s) and rationale for the exception(s)

Note: This procurement is not being conducted under the GSA Federal Supply Schedule (FSS) program or another Government-Wide Area Contract (GWAC). If an Offeror 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.

(End of provision)

Evaluation Factors:

An award shall be made to the offeror whose quotation offers the best value to the Government price and other factors considered. The Government will evaluate quotations based on the following evaluation criteria: 1) Technical Capability 2) Experience, 3) Past Performance, and 4) Price. All non-price factors, individually and when combined, are significantly more important than price.

Technical Capability: Evaluation of technical capability will be based on the information provided in the quotation. NIST will evaluate whether the offeror has demonstrated that its proposed services meets or exceeds all minimum requirements. Quotations that do not demonstrate the proposed services meet all requirements will not be considered further for award. If an offeror does not indicate whether its proposed services meet a certain minimum requirement, NIST will determine that it does not. NIST will give preference to offerors who demonstrate that their proposed service exceeds the requirements of the SOW.

Experience: NIST will evaluate the extent of the offeror’s experience providing a similar service. NIST will give preference to offerors who demonstrate they have experience delivering the same service they are proposing for the current requirement. The Government will evaluate the offeror’s non-key personnel experience per the minimum qualifications as specified under Section A (Contractor Requirements). The Government will evaluate the key personnel experience per the minimum qualifications of the proposed Key Personnel as required by Section B (Contractor Requirements).

Past Performance: The Government will evaluate the Offeror's past performance information and, if appropriate, its proposed subcontractors' past performance to determine its relevance to the current requirement and the extent to which it demonstrates that the offeror has successfully completed relevant contracts in the past five years. In assessing the offeror's past performance information, NIST will evaluate, as appropriate, successful performance of contract requirements, quality and timeliness of delivery of goods and services, cost management, communications between contracting parties, proactive management and customer satisfaction. Evaluation of this factor will be based on information contained in the technical portion of the quotation and information provided by references. The Government will evaluate past performance information by contacting appropriate references, including NIST references, if applicable. The Government may also consider other available information in evaluating the Offeror’s past performance. The Government will assign a neutral rating if the offeror has no relevant past performance information.

NOTE -- If an offeror does not have a history of relevant contract experience, or if past performance information is not available, the offeror will receive a neutral past performance rating; however, an offeror without a history of relevant experience may receive a lowered rating for the Experience Factor.

Price: The Government will evaluate price for reasonableness.

Past Performance, Experience, and Price shall not be evaluated on quotations that are determined technically unacceptable under the Technical Capability Evaluation factor.

PROVISIONS AND CLAUSES

The following provisions and clauses apply to this acquisition and are hereby incorporated by reference.

All FAR clauses may be viewed at http://acquisition.gov/comp/far/index.html.

All CAR clauses may be viewed at http://farsite.hill.af.mil/VFCARA.HTM

PROVISIONS

FAR 52.204-7, System for Award Management (OCT 2016) FAR 52.204-16, Commercial and Government Entity Code Reporting (JUL 2016) FAR 52.204-17, Ownership or Control of Offeror (JUL 2016) FAR 52.204-17 Commercial And Government Entity Code Reporting (JUL 2016) FAR 52.204-20 Predecessor Of Offeror (JUL 2016)

(a) Definitions. As used in this provision-- Commercial and Government Entity (CAGE) code means--

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

(2) 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 through 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 three 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 three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: (or mark "Unknown").

Predecessor legal name: .

(Do not use a "doing business as" name).(End of provision)

FAR 52.209-11 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2015)

(1) In accordance with Sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by the Consolidated and Further Continuing Appropriations Act, 2015 funding may be used to enter into a contract with any corporation that-

(a) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where an awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government, or

(b) 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 the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(2) The Offeror represents that, as of the date of this offer-

(a) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(b) 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.

(End of provision)

FAR 52.212-3 Offeror Representations and Certifications -- Commercial Items (Nov 2017)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (s) of this provision.

Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 the following definitions of FAR 52.212-3 are not implemented into this solicitation.

“Administrative merits determination” “Arbitral award or decision” Paragraph (2) of “Civil judgment” “DOL Guidance” “Enforcement agency”

“Labor compliance agreement” “Labor laws” “Labor law decision” Per Court Injunction dated 24 Oct. 2016 and OMB memo dated 25 Oct. 2016 paragraph (s) of 52.212-3 is not implemented into this solicitation.

FAR 52.225-25, Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran (OCT 2015)

CLAUSES

FAR 52.204-13, System for Award Management Maintenance (OCT 2016) FAR 52.204-18, Commercial and Government Entity Code Maintenance (JUL 2016) FAR 52.204-19, Incorporation by Reference of Representations and Certifications;

FAR 52.212-4, Contract Terms and Conditions—Commercial Items (JAN 2017) 52.212-5 - Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jan 2018)

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

(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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:

52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

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

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

52.219-28, Post Award Small Business Program representation (Jul 2013) (15 U.S.C. 632(a)(2)).

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

52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

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

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

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

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

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

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).

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

(End of clause)

FAR 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013) FAR 52.232-40, Providing Accelerated Payment to Small Business Subcontractors (DEC 2013) FAR 52-239-1 -Privacy or Security Safeguards (Aug 1996) FAR 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 address:

CAR PROVISIONS & CLAUSES FULL TEXT CAN BE ACCESSED AT:

http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl

CAR 1352.201-70, Contracting Officer's Authority (APR 2010) CAR 1352.209-72 Restrictions Against Disclosure (ARP 2010) CAR 1352.209-73, Compliance with the Laws (APR 2010) CAR 1352.209-74 Organizational Conflict of Interest (APR 2010) CAR 1352.237-71 Security Processing Requirements - Low Risk Contracts CAR 1352.237-73 Foreign national visitor and guest access to departmental resources CAR 1352.239-70 Software Licenses Addendum (APR 2010) CAR 1352.239-71 – Electronic and Information Technology (APR 2010) CAR 1352.239-72 – Security Requirements for Information Technology Resources (APR 2010) CAR 1352.246-70 Place of Acceptance (APR 2010)

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

(b) The place of acceptance will be:

100 Bureau Drive, CNST 216/A121, Gaithersburg, MD. 20899-0001.

(End of clause)

CAR 1352.233-70 Agency Protests (APR 2010)

(a) An agency protest may be filed with either (1) the Contracting Officer, or (2) at a level above the Contracting Officer, with the agency Protest Decision Authority. See 64 Fed. Reg. 16,651 (April 6, 1999).

(b) Agency protests filed with the Contracting Officer shall be sent to the following address:

NIST/ACQUISITION MANAGEMENT DIVISION

ATTN: ROBERT COWINS, CONTRACTING OFFICER

100 Bureau Drive, MS 1640 Gaithersburg, MD 20899

(c) Agency protests filed with the 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

(d) A complete copy of all agency protest, 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.

(e) 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)

CAR 1352.233-71 GAO And Court of Federal Claims Protests (APR 2010)

(a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed.

(b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims.

(c) 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)

NIST LOCAL CLAUSES

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 Office, 100 Bureau Drive, Mail Stop 1621 Gaithersburg, MD 20899-1621 (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:

(1) Contract number;

(2) Contractor name and address;

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

(4) Date of invoice;

(5) Invoice number;

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

(7) Contract Line Item Number (CLIN);

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

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

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

NIST LOCAL -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 through Friday, excluding Federal Holidays. However, throughout 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.

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