COMBINED_SYNOPSIS_19QNB680379_7.11.19.docx

Dilution Refrigerator System- 1333ND-19-Q-NB680379

CLASSIFICATION CODE: 66 - Instruments and Laboratory Equipment

SOLICITATION NUMBER: 1333ND-19-Q-NB680379

RESPONSE DATE: July 25, 2019 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) 2019-03, dated 06/12/2019.

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 July 16, 2019 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 334516- Analytical Laboratory Instrument Manufacturing, with a small business size standard of 1000 employees.

This acquisition is being solicited using full and open competition

Statement of Work (SOW)

Dilution Refrigerator System

Background The National Institute of Standards and Technology (NIST) requires a closed cycle (no liquid cryogens) dilution refrigerator system with a large superconducting magnetic field solenoid. This equipment will be used to perform measurements of nanodevices produced in NIST’s nanofab for use as current standards and qubits. By cooling devices to below 0.1 K and providing wiring and magnetic field capabilities, the dilution refrigerator system will make accessible charge shuttling, shuttle error, and spin coherent measurements of single electron devices.

This work is in support of the NIST on a chip program to develop a quantum standard of the ampere. This project meshes well with the priorities of NIST to make standards more accessible and easier to use.

Scope for the contractor shall provide one (1) dilution refrigerator system to perform low temperature experiments in support of the development of a quantum current standard at NIST and quantum information development.

Minimum Requirements

The system shall meet or exceed the minimum requirements identified below. All items must be new. Used or remanufactured equipment will not be considered for award. Experimental, or prototype will not be considered. The use of “gray market” components not authorized for sale in the U.S. by the proposer is not acceptable. All line items shall be shipped in the original manufacturer’s packaging and include all original documentation and software, when applicable. All specifications below must be verified by NIST before final acceptance.

CLN 0001: The contractor shall provide quantity of one (1) dilution refrigerator system that meets or exceeds the minimum requirements identified below:

1. Cooling and warmup specifications:

a. Cryogen-free operation: The system shall operate without the need for liquid helium. A system that requires the use of liquid helium will not be accepted. A system requiring liquid nitrogen is acceptable. The minimum acceptable time between liquid nitrogen replenishment is 7 days.

b. Cooling power: The system shall operate with a minimum of 400 µW of cooling power at the mixing chamber of the fridge at a temperature of 0.1 K.

c. Base temperature: The system shall reach a base temperature at the mixing chamber of 20 mK or less.

d. The system shall be supplied with heaters and calibrated thermometry such that the status of the fridge can be ascertained, and issues can be diagnosed, and the system can be warmed quickly.

2. Sample space specifications:

a. A “fast sample exchange” mechanism and all necessary equipment and tools to implement it shall be provided.

b. The “fast sample exchange” mechanism shall be loaded from the bottom of the system.

c. The “fast sample exchange” mechanism shall be at least 70 mm in diameter. It shall not exceed 90 mm.

d. The manufacturer shall also provide Qty 2 of the fast sample exchange “pucks.”

e. The “pucks” shall connect to the fridge wiring and have at least 14 high frequency leads (SMA connectorized on back with push-on high frequency connections to mate with the puck), 12 thermocoax leads (SMA connectorized on back with push-on high frequency connections to mate with the puck), and 48 twisted pair leads (micro-d or nano-d connectorized). They shall also provide mounting space for printed circuit boards and grounding ability for all electrodes during loading to prevent electrostatic discharge damage to devices.

3. Plate Mounting:

a. After award and after Government coordination, the Contractor shall provide mounting holes on all plates.

4. Wiring specifications:

a. High Frequency wiring:

1. Shall consist of 14 coaxial lines with SMA connectors. At each stage, the coaxial lines shall be thermalized by attenuators. The 50 K, 4 K, 300mK stage attenuators shall be 10 dB, 20 dB, and 6 dB, respectively. The attenuators shall be the same physical size so that other attenuators of different values can be easily inserted.

2. From room temperature to 4 K, the coaxial lines shall be 2.19 mm, SCuNi coax.

3. From 4 K to the sample puck the coaxial lines shall be 0.86 mm, NbTi superconducting coax.

4. The coaxial lines shall have strain relief provided so that a section of cable can be replaced without bending the cable and to accommodate thermal contraction.

b. Low-frequency wiring: Shall consist of:

1. At least 24 twisted pairs (48 wires total) with the bundle in an electrostatic shield which is continuous from room temperature to the mixing chamber. The bundle shall have a breakout at the 4 K stage, and the mixing chamber stage. The wires shall be phosphor bronze.

2. 12 thermocoax lines terminated in SMA connectors

c. The contractor shall supply wiring diagrams and pinouts for each set of wiring.

5. Magnet specifications:

a. The magnet shall operate free of cryogens as does the rest of the system.

b. The contractor shall supply a superconducting solenoid magnet with a maximum field of at least 12 T. The maximum acceptable inhomogeneity is 1 % within a 1 cm diameter spherical volume at field center.

c. The contractor shall provide a power supply and controller for the magnet.

d. The magnet bore must be the smallest available which accommodates the bottom-loading puck.

6. Vibration specifications: The provider shall implement their best vibration isolation techniques to reduce the vibration level of the sample due to the pulse tube cooler to the lowest possible level subject to satisfying all other specifications.

a. This may include mounting portions of the pulse tube cooler on a vibrationally isolated stand.

b. This may include active damping of vibrations

c. The contractors shall provide data indicating the performance of their best vibration isolation techniques. An example of such data is accelerometer data in x, y, and z with and without the best vibration isolation techniques implemented.

d. The contractors shall provide ground anchoring specifications to the government for the stand which supports the system.

7. Compressor for Return Line:

a. If the high-pressure 3He return line has a compressor in it, the Contractor shall provide valving that makes it possible to bypass the compressor after the cooldown period, when the refrigerator is operating in its nominal condition at base temperature.

8. Operation requirements:

a. Software: The system shall have software which automates cooling down of the system, provides for system logging of temperatures, pressures, flow rates, etc. The software shall also automate warming the system to room temperature.

9. System dimensions: The contractor will supply the government with all relevant dimensions of the system. The system shall have a maximum height of 3.5 m.

10. Site requirements: The contractor shall specify all site requirements for the specific system proposed. These include power, cooling water, compressed air, and critical distances between system components. They shall also specify the position of pass throughs for high pressure lines, the still lines and any other connection necessary to keep the compressor and gas handling system in a separate room.

11. System installation and training: The contractor shall be responsible for delivery, installation, final testing, and training. Installation and training shall be scheduled in advance.

12. The contractor shall train at least one NIST person to operate the system. Training will include all aspects of operation and basic troubleshooting.

Delivery

Delivery shall be FOB destination and shall occur within one (1) Year ARO

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

The National Institute of Standards and Technology 100 Bureau Drive, Building 220 Room B51 Gaithersburg, MD 20899-1640 Inspection and Acceptance In addition to the inspection and acceptance terms articulated in 52.212-4, the Government reserves the right to perform such performance tests and evaluations as defined below to verify specified system performance. Such tests and evaluations, if performed, shall be conducted within the environment that the system is to be operated. The Contractor has the right to be present during the tests and evaluations, if performed, at the Contractor’s expense.

Inspection and acceptance shall occur within seven (7) business days after receipt installation of Dilution Refrigerator System at NIST.

A visual inspection of the system/part (s) will be performed by the NIST TPOC to identify surface defects or any form of indication that the system/part (s) were damaged during transport to NIST. The Government shall have sole discretion to require repair or replacement of damaged and/or nonconforming supplies at no cost to the Government. The Government at any time prior to acceptance shall reject the system/part (s) due to defects and/or nonconformance.

Installation The system shall be installed by the Contractor and meet contract specifications no later than 90 days after delivery. The Contractor shall install the system. Installation shall include, at a minimum, uncrating/un-packaging of all equipment, set-up and hook-up of all equipment, start-up, and demonstration of all required specifications, and removal of trash. Technical personnel experienced with the system shall install the system and perform all activities necessary to ensure the system is fully functional and meets all required specifications. Onsite installation and demonstration shall be done at NIST, Gaithersburg, MD.

Training The contractor shall conduct three (3) training session for at least one NIST personal to operate the system. The training shall provide a thorough demonstration of all system/solution functions, maintenance, data administration, and basic troubleshooting. The training may be completed at NIST immediately after installation/set-up and on-site measurements demonstrating that no damage or misalignment issues arose during transportation and installation but shall be completed no later than seven (7) after installation.

Warranty The contractor shall warrant the entire system for a period of a minimum of 1 year after receipt and acceptance of the equipment and shall be in accordance with terms in FAR 52.212-4 General Information

Hours of Operation: National Institute of Standards and Technology (NIST)’s normal duty hours are Monday through Friday, 8:30 a.m. to 5:00 p.m. with the exception of Federal holidays. Work will be coordinated with the NIST Technical Point of Contact (TPOC) after the delivery.

Safety: The Contractor employee shall be responsible for knowing and complying with NIST installation safety prevention regulations (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.

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.

Identification Badges: Contractor employees shall comply with NIST identification and access requirements. The Contractor employee is responsible for absences due to expired identification and access documents. Each Contractor employee shall wear a visible identification badge provided by the NIST Security Office. The badge must show the full name, title, and if required by NIST, the words “Contractor” in front. The Contractor employee shall turn in the NIST identification badge and vehicle pass to the TPOC, COR, or Contracting Officer (CO) upon termination of their services under this contract.

Contractor Registration: The contractor will 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.

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’s rear-view mirror in accordance with instructions. The Contractor employee shall follow NIST procedures for removal and turn-in of the vehicle pass upon termination of services under this contract.

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 July 25, 2019 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 offeror shall submit an electronic copy of the completed price quotation. The offeror shall propose a separate firm-fixed-price, FOB Destination, for each CLIN. Price quotations shall remain valid for a period of 90 days from the date quotations are due. Contractor shall state express warranty coverage (if applicable). 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 system, services, and deliverables comply with the requirements of the SOW.

Experience: The offeror shall demonstrate the extent of the experience attained providing a similar system and 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 will 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 listed in descending order of importance: 1) Technical Capability 2) Experience, 3) Past Performance, and 4) 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 system and services meets or exceeds all minimum requirements. Quotations that do not demonstrate the proposed system and services meet all requirements will not be considered further for award. If an offeror does not indicate whether its proposed system and services meet a certain minimum requirement, NIST will determine that it does not. NIST will give preference to offerors who demonstrate that their proposed system and service exceeds the requirements of the SOW.

NIST will give stronger consideration in no particular order, to the following requirements:

System Size: The Government requires a system which is as short (distance between top plate and floor) as possible. This requirement is important given that, operation requiring a ladder presents additional safety concerns and the space for the system is 3.8 m and must also accommodate some workspace for the experimenter. The maximum acceptable distance is 3.5 m. Stronger consideration shall be given to the contractor who offers a shorter distance.

Vibration Isolation: Since noise induced by unwanted vibrations of the system is deleterious to NISTs measurement goals for the system stronger consideration will be given to the contractor who is able to demonstrate better vibration isolation.

Sample space: Since a larger sample space makes connecting to devices easier, stronger consideration will be given to the contractor which provides the largest possible sample space subject to the upper limit on the sample space specification without increasing the stray magnetic field.

Expandable capability: In order to accommodate unknown future needs for measuring devices, stronger consideration will be given to the contractor who supplies a fast sample exchange puck with more high frequency connections and more low frequency connections than the minimum specified.

Experience: NIST will evaluate the extent of the offeror’s experience providing a similar system and services. NIST will give preference to offerors who demonstrate experience delivering the same system and service proposed for the current requirement. The contractor shall demonstrate experience in delivery and installation of times with similar characteristics listed below:

1. A cryogen-free system with base temperature below 0.015 K.

2. Integrated superconducting magnet

3. High frequency wiring

4. A bottom loading fast sample exchange mechanism 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 2019)

(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:52.203-6, Restrictions on Subcontractor Sales to The Government (SEPT 2006) ALT. I (OCT 1995) (41 U.S.C. 4704 AND 10 U.S.C. 2402) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, Or Proposed for Debarment (OCT 2015) (31 U.S.C. 6101 NOTE) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013) (41 U.S.C. 2313).

52.219-16, Liquidated Damages—Subcontracting Plan (JAN 1999) (15 U.S.C. 637(D)(4)(F)(I)).

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).

52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496) 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).

52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, ET SEQ., 19 U.S.C. 3301 NOTE).

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.

(End of clause)