B-2_-_RFQ_1333ND19QNB680439.docx

TI SAPPHIRE LASER SYSTEMS – 1333ND19QNB680439

THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS PREPARED IN ACCORDANCE WITH THE FORMAT IN FAR SUBPART 12.6-STREAMLINED PROCEDURES FOR EVALUATION AND SOLICITATION FOR COMMERCIAL ITEMS-AS SUPPLEMENTED WITH ADDITIONAL INFORMATION INCLUDED IN THIS NOTICE. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTATIONS ARE BEING REQUESTED, AND A 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 13.5.

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 June 12, 2019.

1352.215-72 INQUIRIES (APR 2010)

Offerors must submit all questions concerning this solicitation in writing to both the Contract Specialist forest.crumpler@nist.gov and the Contracting Officer Patrick.staines@nist.gov. Questions should be received no later than five calendar days after the issuance date of this solicitation. 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 with a small business size standard of 1,000 employees.

This acquisition is being competed as full and open competition.

BACKGROUND:

The Microsystems and Nanotechnology Division (MND) within the National Institute of Standards and Technology’s (NIST) Physical Measurement Lab (PML) develops integrated microsystems by advancing the state of the art in nanofabrication, thereby enabling the transfer of NIST measurement technologies to the industrial, academic, and government communities. The MND’s Single Emitters Group performs cryogenic optical microscopy and spectroscopy measurements of single quantum emitters in chip-based photonic structures. A continuous-wave Ti Sapphire laser providing automated wavelength tunability over a wide spectral range is required to further advance projects vital to the research goals of the laboratory.

The requirement is for a continuous-wave Ti Sapphire laser providing automated wavelength tunability in the 700 nm to 1000 nm range. The optical measurements intended to be performed using the laser include cryogenic photoluminescence, resonance fluorescence, absorption and transmission/reflection spectroscopy of single quantum emitters (such as quantum dots or organic dye molecules) embedded in photonic devices or thin films. Such types of measurements will be performed on a wide variety of types of emitters that will feature sharp optical transitions at widely varying wavelengths, requiring a narrow-linewidth laser light source capable of both wide spectral tunability and fine spectral scanning capabilities.

All offerors shall provide a firm-fixed-price quotation for the following line item(s):

TOTAL

CLIN 0001 Minimum Requirements:

QTY. 1 - Continuous-wave Titanium Sapphire laser system for the PPG that meets or exceeds the technical specifications listed below:

Specifications:

1. Laser system shall consist of an integrated continuous wave Ti:sapphire ring cavity laser, a diode-pumped, solid state (DPSS) pump laser, an additional cavity for operation in the near UV, and all necessary electronics, hardware and software for operation of the system, including all chillers necessary for cooling.

2. Laser head shall be constructed of stainless steel and hermetically sealed with purge ports. Stainless steel is a critical requirement because the laser will be installed in a laboratory where varying levels of humidity will be present (40%-60%) and thus corrosion or water absorption within the tuning range can be an issue. Also, noticeable dust also accumulates in the laboratory. If the laser is not hermetically sealed, this level of humidity variation and possible dust contamination can cause unacceptable variations in laser performance.

3. Laser system shall be capable of producing output at any wavelength in the range 685 nm to 930 nm and the range of 345 nm to 465 nm. A larger tuning range than specified above would enable NIST to use the same laser system for other experiments in the future. Greater consideration will be assigned to a system that can achieve larger tuning range than specified above without any change in optics.

4. Laser output power shall be at least 2 W over the range from 685 nm to 930 nm. The specified power levels are required because the power required at the sample location is directed through intermediate fiber coupled nanophotonic devices, which are composed of waveguides, beam splitters, beam expanders and grating out-couplers each of which add significant loss. Higher Technical Rating will be assigned to a system that can achieve higher power in the specified range using the same pump power.

5. Tuning of the laser light from 685 nm to 930 nm shall be mode-hop free, fully automated and “hands-free”, requiring no mechanical or optical changes or adjustments by the user.

6. The laser system must include fully automated wavelength tuning capability that includes scan of range >250 nm with a step size resolution of 750 MHz or better, a scan of 10 nm or greater with a step size resolution of 10 kHz or better, and a mode-hop-free tuning over a 30 GHz or wider scan range.

7. The scan speed when sweeping between different wavelength ranges must be larger than 100 GHz/sec.

8. The laser system must interface to the computer through a TCP/IP or USB interface. Laser must include analog inputs and software/hardware control to enable wavelength adjustment and locking. All software programs, LabView drivers required for remote control and wavelength scanning/locking of the system must be included.

9. Laser component for access to 345 nm to 465 nm range must use a single set of optics and have conversion efficiency of >35% for 2 W of fundamental power.

10. Laser output in all ranges shall be single-frequency and continuously tunable. Wavelength tunability and narrow bandwidth of this laser are crucial to be able to probe specific transitions in the atomic systems.

11. Laser output shall exhibit an absolute external linewidth of <50 kHz using a reference cavity, measured over 100 microseconds. It is critical that the linewidth be less than 50 kHz, since we are trying to couple to narrow atomic transitions.

12. Laser beam shall be TEM00 with a Gaussian quality factor M2 of at most 1.2. This is critical because the output of the laser will be coupled through multiple optics to single mode optical fibers. If the M2 is greater than 1.2, power losses during the coupling to fiber optics become unacceptable.

13. Laser output shall have at most 0.1% rms intensity noise, measured over 12 hours, including any long-term drift in output frequency or intensity. This is a critical requirement. Amplitude noise and drift in the laser output translates directly into fluctuations. If the variation is higher than 0.1%, an unacceptable level of fluctuations will be present in the measurements, leading to unacceptable performance of the experiments.

14. Laser head footprint (including reference cavity but not input coupling optics, pump laser or the doubling cavity) should be 30 cm x 15 cm x 10 cm (length, width, height) or smaller. The laser will be used together with optical setup and measurement systems on a single optical table, therefore geometries that save space are preferable. Higher Technical Rating will be assigned to smaller footprint systems.

CLIN 0002 Minimum Requirements:

Qty. 1 - Continuous-wave Titanium Sapphire laser system for the MND that meets or exceeds the technical specifications listed below:

Specifications:

1. Pump laser: system shall include a low-noise 532 nm, DPSS pump laser source providing 15 W or more of output power.

2. Wavelength coverage: A wavelength tuning range of 700 nm to 1000 nm shall be achievable without changing the optics set.

3. Output power: A minimum output of 200 mW shall be achieved over the full wavelength tuning range specified in #2. Higher Technical Rating will be assigned to higher output power.

4. Laser output shall exhibit an absolute external linewidth of <100 kHz, measured over 100 microseconds. It is critical that the linewidth be less than 100 kHz, since we are measuring narrow single emitter transitions at cryogenic temperatures.

5. Amplitude noise: Amplitude noise shall be <0.1 % RMS above the pump laser noise

6. Computer control: The system shall allow for remote control from a computer through a USB or TCP/IP interface.

7. Laser head shall be constructed of stainless steel and hermetically sealed with purge ports. Stainless steel is a critical requirement because the laser will be installed in a laboratory where varying levels of humidity will be present (40%-60%) and thus corrosion or water absorption within the tuning range can be an issue. Also, noticeable dust also accumulates in the laboratory. If the laser is not hermetically sealed, this level of humidity variation and possible dust contamination can cause unacceptable variations in laser performance.

8. Fully automated wavelength tuning: The system shall allow for wavelength tuning that is set up and monitored via a control computer.

9. Integrated wavemeter: The system shall come equipped with a wavelength meter that can cover at least the 450 nm to 1000 nm range, provide absolute accuracy of 600 MHz or better, and allow measurement speeds of 100 Hz or more (e.g., High Finesse WS6-600 or equivalent).

10. Fully automated wavelength scanning capability: The system shall allow automatic, continuous wavelength scans over different wavelength spans. The following scans shall be provided to enable tuning over different wavelength spans:

a. Medium resolution extended scan: Total scan range shall be 300 nm or greater with a step size resolution of 750 MHz or better. Scan can be broken up into sections of 300 GHz or wider, and periods of dead-time in between sections to enable re-tuning of the system are acceptable. Scan status shall be indicated in software and hardware.

b. Fine resolution extended scan: Total scan range shall be 10 nm or greater with a step size resolution of 10 kHz or better. Scanning shall be mode-hop-free, but can be broken up into sections of 30 GHz or wider, with periods of dead-time in between sections acceptable. Scan status shall be indicated in software and hardware

c. Fine resolution standard scan: Mode-hop-free tuning over a 30 GHz or wider scan range.

11. Beam shape: Output beam shall be TEM00 with a far-field divergence half angle of 2.0 mrad or smaller.

12. Footprint: Laser head footprint (including reference cavity but not input coupling optics) should be 30 cm x 25 cm x 10 cm (length, width, height) or smaller. Higher Technical Rating will be assigned to smaller footprint systems. The laser will be used together with optical setup and measurement systems on a single optical table, therefore geometries that save space are preferable.

13. Cooling: Any closed-loop chillers needed for water cooling the system shall be provided.

14. Software: All software for computer control, such as Labview drivers or standalone programs, shall be included.

INSTALLATION:

The system shall be installed by the Contractor no later than two (2) weeks after the complete system is received by NIST personnel. Installation shall occur in Building 216, room D111 of the NIST Gaithersburg, MD Campus on a Monday – Friday between the hours of 8:00AM – 5:00PM EST; excluding federal holidays. The contractor shall contact the NIST COR at least five (5) business days prior to the date of the installation to allow adequate time for visitor registration.

TRAINING:

The contractor shall conduct at least one (1), four (4) hour training session for up to three (3) users at NIST immediately following installation. The training shall provide a thorough demonstration of all system 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 5 days after installation.

WARRANTY:

The Contractor shall warrant the equipment for a period of at least one year. Warranty shall commence upon receipt and final Government acceptance of the system and shall include maintenance and service support.

DELIVERY:

FOB Destination (or equivalent INCOTERMS (Delivered Duties Paid-DDP) is required. Delivery shall be completed within the manufacturers established delivery schedule. The Contractor shall deliver all equipment to NIST, Building 216, Gaithersburg, MD 20899-1640. Delivery shall be within six (6) months after receipt of order.

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. All shipping costs shall be included in the total firm-fixed price.

INSPECTION AND ACCEPTANCE:

Inspection and acceptance shall take place upon installation. 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.

The installation personnel shall perform all diagnostic tests after installation in the presence of NIST personnel. Diagnostic test data must include spectral tuning across the entire frequency range at the minimum frequency resolution (relative and absolute) as well as measurement of optical output power over the tuning range specified in the solicitation. The diagnostic test must also include measurement of the linewidth of the laser system using the reference cavity. This test data will be reviewed by the NIST COR. Upon review, the COR will provide final acceptance of the equipment, or advise the vendor of performance weaknesses. Any required rework and re-testing shall be completed at no additional cost to the Government within a time-frame agreed upon by the COR, the Contracting Officer, and the vendor. Payment for this requirement will be made upon completion and acceptance.

The Government anticipates acceptance/rejection of the system NLT thirty (30) days after inspection and acceptance has been completed.

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 12:00pm Eastern Time on July 31, 2019. E-mail quotations shall be submitted directly to the Contract Specialist at forest.crumpler@nist.gov and the Contracting Officer at Patrick.staines@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:

Technical Quotation (Vol. I), Past Performance/Experience (Vol. II), Price Quotation (Vol. III), Terms and Conditions (Vol. IV)

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 - Technical Quotation:

The offeror shall submit an electronic technical quotation, via email. The technical quotation shall address the following:

Minimum Requirements:

The offeror must submit a technical description or product literature for the product it is proposing, which clearly identifies the manufacturer, and clearly demonstrates its proposed product meets all of the Governments minimum requirements, as stated in this RFQ, by providing a citation to the relevant section of its technical description or product literature and if applicable, evidence that the Offeror is authorized by the original product manufacturer to provide the item(s) in the quotation shall be included.

If the system being offered qualifies for one or more of the “Greater Consideration” areas listed in the minimum requirements, please ensure your technical submission includes this information in a way that clearly demonstrates how the equipment meets/exceeds the listed specification.

Items applicable for Higher Technical Rating:

The following items represent potential areas for quoters to achieve a higher technical rating. Quoters shall provide technical documentation or other information showing that the product on offer exceeds the minimum specification in the ways listed below.

PPG Laser:

Specification # 3: Higher Technical Rating will be assigned to a system that can achieve larger tuning range than specified above without any change in optics.

Specification # 4: Higher Technical Rating will be assigned to a system that can achieve higher power in the specified range using the same pump power.

Specification # 14: Higher Technical Rating will be assigned to smaller footprint systems.

MND Laser:

Specification # 3: Higher Technical Rating will be assigned to higher output power.

Specification # 12: Higher Technical Rating will be assigned to smaller footprint systems.

Volume II - Past Performance/Experience:

Past Performance:

The offeror shall provide past performance information regarding relevant contracts over the past three years with Federal, state, or local governments, or commercial customers.

A list of references, preferably at least 3, if available, to whom the same or similar product has been provided. The list of references shall include, at a minimum:

1. The name of the reference contact person and the company or organization;

2. The telephone number and email address of the reference contact person;

3. The contract or grant number, the amount of the contract and the address and the telephone number of the Contracting Officer if applicable; the date of delivery or the date services were completed and a description of the equipment sold to each reference.

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.

Volume III - Price Quotation:

The offeror shall submit an electronic copy of the completed price quotation. The price quotation shall be separate from any other portion of the quotation. The offeror shall propose a separate firm-fixed-price, 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). Please note: the price quotation shall offer a fixed-price on each CLIN in accordance with the statement of work.

Volume IV – Terms and Conditions:

Provisions

Quoters 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)

1. FAR 52.225-2 Buy American Certificate (May 2014)

Acceptance of Terms and Conditions (Addendum to FAR 52.212-1(b) (11)):

If the contractor objects to any of the terms and conditions contained in this solicitation, the contractor 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:” [Contractor shall list exception(s) and rationale for the exception(s)]. It is the sole responsibility of the contractor to identify in their quote any exceptions to the terms and conditions of the solicitation. If the contractor does not include such a statement, the submission of a quotation in response to this solicitation will be regarded as the Contractor’s acceptance of the Government’s terms and conditions for inclusion into the resultant purchase order.

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)

FAR 52.212-2, EVALUATION - COMMERCIAL ITEMS (Oct 2014) The specific evaluation criteria to be included in paragraph (a) of that provision are as follows:

Evaluation Factors:

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) Past Performance, 3) Price. Technical Capability is paramount and all non-price factors, when combined, are more important than price.

Technical Capability:

Evaluation of technical capability shall be based on the information provided in the quotation.

Minimum Requirements:

NIST will evaluate whether the offeror has demonstrated that its proposed product meets or exceeds all minimum requirements. Quotations that do not demonstrate the proposed equipment meets all requirements will not be considered further for award. If an offeror does not indicate whether its proposed equipment meets a certain requirement, NIST will determine that it does not.

Areas for Higher Technical Rating:

The specifications for each of the two laser systems include items that, if shown to exceed the minimum specification, will receive a higher technical rating in the technical evaluation factor.

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 the quality, timeliness, and ability to control cost and schedule of the past work. 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.

Price: The Government will evaluate price for reasonableness.

The Government reserves the right to make an award to other than the lowest priced offeror or to the offeror with the highest technical score if the Contracting Officer determines that to do so would result in the best value to the Government.

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 52.203-18, Prohibition on Contracting with Entities that Require Certain Individual Confidentiality Agreements or Statements – Representation (JAN 2017) 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 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations- Representation (NOV 2015)

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.

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

FAR 52.217-5 Evaluation of Options (JUL 1990);

FAR 52.223-1, Biobased Product Certification (MAY 2012);

FAR 52.223-4, Recovered Material Certification (MAY 2008);

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

52.225-6 - Trade Agreements Certificate (May 2014)

(a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled “Trade Agreements.”

(b) The offeror shall list as other end products those supplies that are not U.S.-made or designated country end products.

Other End Products

[List as necessary]

(c) The Government will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for those products are insufficient to fulfill the requirements of this solicitation.

(End of Provision)

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)

FAR 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 (Dec 2014)

(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:

XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

XX (8) 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).

U.S.C. 657a).

(ii) Alternate I (Nov 2011) of 52.219-3.

XX (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

U.S.C. 644).

XX (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

XX (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)).

U.S.C. 637(m)).

XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

XX (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

XX (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

XX (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

XX (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

XX (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

XX (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

XX (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

U.S.C. 8259b).

XX (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

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.

XX (48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

XX (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

(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:

Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(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 threshold, 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—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 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)).

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

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

(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

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

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)

(x) 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.

(xi) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). (xii) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(xiii) 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).

(xiv) 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).

(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xviii)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xix) 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).

(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxi) 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.

(2) 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)

FAR 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013) FAR 52.232-40, Providing Accelerated Payment to Small Business Subcontractors (DEC 2013)

FAR 52.252-2 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:

http://farsite.hill.af.mil/vffara.htm (End of clause)

CAR 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 1352.209-73, Compliance with the Laws (APR 2010) CAR 1352.209-74 Organizational Conflict of Interest (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:

NIST, 100 Bureau Drive, Gaithersburg, MD. 20899-0001.

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: PATRICK STAINES, 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

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.