CSS 1333ND22QNB130104 - 5-26-2022.pdf

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RFQ 1333ND22QNB130104 – LIBRARY SERVICE PLATFORM

TITLE: - NIST Library Service Platform

SOLICITATION NUMBER: 1333ND22QNB130104

RESPONSE DATE: June 7, 2022, 11:00am June 21, 2022, 11:00am

CONTACT POINTS: Rene Edwards. Contract Specialist, (301) 975-6107

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; PROPOSALS ARE BEING REQUESTED, AND A SEPARATE WRITTEN

SOLICITATION DOCUMENT WILL NOT BE ISSUED. THE SOLICITATION IS BEING ISSUED

USING SIMPLIFIED ACQUISITION PROCEDURES UNDER THE AUTHORITY OF FAR PART

13.5.

This solicitation is a Request for Proposals Quotation (RFQP). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2022- 04, January 30, 2022.

1352.215-72 INQUIRIES (APR 2010)

Offerors must submit all questions concerning this solicitation in writing to rene.edwards@nist.gov and/or robert.singman@nist.gov. Questions should be received no later than 10 calendar days after the issuance date of this solicitation. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract.

(End of Provision)

The associated North American Industrial Classification System (NAICS) code for this procurement is 513210- Software Publishers. The small business size standard is $41.5 Million. This solicitation is being competed full and open.

DESCRIPTION:

The National Institute of Standards and Technology (NIST) Research Library and Museum located in Gaithersburg, MD requires a cloud-based library services platform in accordance with the attached Statement of Work, 26 pages which will improve library users and staff experiences with enhanced interoperability, resource discovery, and streamlined workflows for the management of its electronic and physical information resources and collections. The integrated, cloud-based Library Services Platform will replace the current set of disparate systems including:

• Integrated Library System (ILS)

• Online Catalog

• Discovery Layer

• Electronic Resource Management System

• Open URL Link Resolver

• Digital Archive Repository

• Museum Collection Management mailto:rene.edwards@nist.gov mailto:robert.singman@nist.gov

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The following metrics are offered to assist with preparation.

• Number of Named Users & Researchers Supported

• Number of bibliographic titles (including e-books and local authority records) and Number of unique e-journal titles

• Number of digital resources metadata - in case you elect to manage digital resources metadata natively in the system) and Size in GB for digital objects/files – in case you elect to store the digital objects in the system’s cloud storage

Category Count Bibliographic Records

Ebooks 124,609 Journals 28,438 ILS (excluding titles above)

343,275

Authority records 81,697

TOTAL 578,019

Users

Library staff users ("named users")

Patrons 3,500

Digital Archive

Space 119.745 GB Records 23,238

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Period of Performance:

The period of performance shall be for a base plus four (4) consecutive option periods and will start when ATO has been issued by NIST and or DOC.

Anticipated Period of Performance:

Base Period: August 1, 2022 – July 31, 2023 Option Period. 1: August 1, 2023 – July 31, 2024 Option Period. 2: August 1, 2024 – July 31, 2025 Option Period. 3: August 1, 2025 – July 31, 2026 Option Period 4: August 1, 2026 – July 31, 2027

Contract Line Item Number

(CLIN)

Description PRICE APPLICABLE

DISCOUNTS

TOTAL

PRICE

Base Period CLIN 0001 Library Service Platform (LSP)

Implementation (Preparing the LSP for NIST use)

CLIN 0002 Library Service Platform Authorized Users

CLIN 0003 Authorization To Operate Platform at NIST (Vendor providing documentation to support ATO)

Option Period I CLIN 0004 Library Service Platform CLIN 0005 Library Service Platform

Option Period

II

CLIN 0006 Library Service Platform CLIN 0007 Library Service Platform

III

CLIN 0008 Library Service Platform CLIN 0009 Library Service Platform

IV

CLIN 0010 Library Service Platform CLIN 0011 Library Service Platform

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LIST OF ATTACHMENTS:

The following documents and forms are hereby provided as attachments. The purpose of these attachments is for reference and to provide specification requirements to the Contractor for quotation purposes only.

Performance Work Statement Past Performance Questionnaire

FAR 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

(Reference FAR 12.301(b)(1))

INSTRUCTIONS:

System for Award Management, SAM

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 quotations so that NIST receives them not later than 11:00 AM Eastern Standard Time on June 7, 2022 June 21, 2022. FAX quotations shall not be accepted. E-mail quotations shall be submitted directly to rene.edwards@nist.gov and robert.singman@nist.gov.

Please reference the RFQ number in the subject line of email communications and packages mailed.

Offerors’ quotations shall not be deemed received by the Government until the quotation is entered in the e-mail box set forth above.

Addendum to FAR 52.212-1, Quotation Preparation Instructions:

Quotations shall conform to the instructions identified herein, and the evaluation factor submittal requirements. Furthermore, quotations shall consist of one attachment per part. Significant deviation may result in the possible exclusion of such quotation from further consideration or may be reflected in the overall evaluation of the quotation.

Failure to comply with the terms and conditions of this RFQ may result in the Quoter's quotation being removed from consideration for award. The quotation must include page numbers and be clearly and concisely written. Submission of quotations in response to this RFQ assumes the Quoter agrees to all terms and conditions unless specifically excepted in quoter's quotation.

To aid in evaluation, the quotation shall be clearly and concisely written as well as being neat, indexed (cross-indexed as appropriate) and be assembled according to the provisions in this section. All pages of each part shall be appropriately numbered and identified with the name of the Quoter, the date, and the solicitation number (1333ND22QNB130104).

The quotation shall be typed, with one inch margins, using a fixed font (Times New Roman preferred), a minimum 12 point type (or equivalent), unreduced in size, on 8-1/2" by 11" paper, not exceeding 50 pages, single sided, exclusive of Volume I and III, resumes, representations and certifications, past

Page 5 of 16 May 26, 2022 performance references, and other administrative documentation such as a one-page cover page and table of contents or list of tables/figures. Actual tables/graphics/figures are included in the page limit. Any pages in excess of 50 will be disregarded and will not be included in the quotation evaluation. If the offeror uses a different format (font size, margin, etc.), the government reserves the right to adjust the proposal to fit the parameters of the format as stated in the RFP, and if this results in the proposal exceeding the page limitations in any one area, the government will not consider those excess pages.

Overall Arrangement of Quotation:

Volume 1: Business Quotation:

(A) Volume I must include required representations, certifications, and acknowledgments of amendments; identification of technical data to be withheld; and any other administrative information.

The Freedom of Information Act (FOIA) and its amendments have resulted in an increasing number of requests from outside the Government for copies of quoter qualifications and quotations submitted to Federal agencies. If an quoter's submissions contain information that they believe should be withheld from such requestors under FOIA on the grounds that they contain "trade secrets and commercial or financial information" [5 USC§552(b)(4)], the quoter shall mark its submissions in the following manner:

The following notice should be placed on the title page: "Some parts of this document, as identified on individual pages, are considered by the submitter to be privileged or confidential trade secrets or commercial or financial information not subject to mandatory disclosure under the Freedom of Information Act. Material considered privileged or confidential on such grounds is contained on page(s) "

Each individual item considered privileged or confidential under FOIA should be marked with the following notice: "The data or information is considered confidential or privileged, and is not subject to mandatory disclosure under the Freedom of Information Act.”

(B) Format and Content. Volume I shall include the following:

i. The solicitation number (1333ND22QNB130104);

ii. The name, address, e-mail addresses and telephone numbers of the Quoter;

iii. Names, titles, and telephone numbers of persons authorized to negotiate on the Quoter's behalf with the Government in connection with this solicitation;

iv. Name, title, and signature of person authorized to sign the quotation. Quotations signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office;

v. Any other business or administrative information that the Quoter wishes to include in its quotation.

vi. The SAM Number for the quoters active registration at the System for Award Management, (www.SAM.Gov) website. Quoters must have an active registration at www.SAM.gov to be considered for award.

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If the quoters representations and certifications do not reflect the NAICS code governing this solicitation, quoters must submit documentation of their business size under the NAICS code governing this solicitation.

vii. Acceptance Period - The acceptance period by the Quoter shall not be less than 120 days

Volume II: Technical Quotation (Shall not exceed 50 single side pages):

General:

(A) Volume II must consist of the Quoter’s response to the technical and management aspects of the acquisition as well as past performance. It shall indicate your organization's capabilities and the means that the Quoter intends to use to satisfy the requirements of the Statement of Work (SOW), of this solicitation.

It will be evaluated in accordance with the criteria contained below, identified as Evaluation Criteria, of the solicitation and it shall be specific and complete in every detail. The quotation must be practical and be prepared simply and economically, providing straightforward, concise delineation of what it is you will do to satisfy the requirements of the Statement of Work.

The quotation shall not merely offer to perform the work in accordance with the Statement of Work, but shall outline the approach proposed as specifically as practicable. A quotation that includes a mere repetition of the SOW, may not be considered further for award.

So that Volume II may be evaluated strictly on the merit of the material submitted, no cost/price information is to be included in Volume II.

(B) Format. Volume II shall include:

i. Table of Contents;

ii. List of Tables and Figures;

iii. Technical Discussion. The technical discussion section should be the major portion of Volume II.

Each factor must be labeled as specified below, and be its own attachment under each part. Quoters shall confine information pertaining to each part to its appropriate part.

FACTOR 1: VIDEO PRESENTATION - DEMONSTRATION:

Each Offeror shall prepare a web presentation – demonstration of their cloud-based Library Services Platform. The presentation shall be a live demo no more than one and half hours broken up as 60 minutes for the demonstration and 30 minutes questions and answers. The demonstration shall cover the technical requirements that are called out in the Statement of Work.

The Government will provide the Offeror with a time slot for their presentation within two weeks of the solicitation closing. The Offeror will be responsible to provide the Government with their webinar link two days after being notified of their time slot.

Failure to provide a video presentation – demonstration shall be considered an unresponsive quotation and cannot be awarded the contract.

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FACTOR 2: TECHNICAL APPROACH

Quoters shall provide the following information:

a) the vendor shall describe their understanding of the statement of work and how their system can meet the Government’s requirement and the ability to successfully perform the statement of work efficiently and effectively

b) the vendor shall descript their training plan and technical support

c) fully describe its approach to providing the services to successfully perform the tasks identified in the Statement of Work.

d) describe if the vendor has received FedRAMP authorization from another Federal Agency

e) describe how the vendor shall achieve authorization to operate (ATO) from NIST and how long it will take to get this authorization

FACTOR 3: MANAGEMENT APPROACH:

Quoters shall describe the approach for managing its efforts to successfully achieve NIST ATO;

The Government will evaluate the extent to which the Offeror’s proposal:

1. Describes the Offeror’s implementation and quality assurance plan during migration

2. Describes short- and long- term development strategies for the system and how these strategies are determined

3. Describes how the Offeror shall achieve an Authorization to Operate (ATO) from NIST

4. Describe a comprehensive training plan for initial implementation and continuous learning

5. Shows relevant experience within a research, special, or federal library environment

FACTOR 4: CORPROATE EXPERIENCE

The Quoter shall provide at least 3 to 5 most recently completed Federal Government, Non-Federal, Local State and Government, and Private Industry contracts (Financial assistance recipient of a grant is not acceptable, unless the work completed was within a contract from the financial assistance recipient prime awardee, as compared to a sub awardee) for services similar in scope to those of this requirement, for work completed or substantially completed within the last three (3) years. If the Quoter performed as a subcontractor under a given previous effort, the quoter should also clearly indicate the percentage of work that the Quoter performed under each task/category of effort throughout the course of the contract.

The quoter shall demonstrate relevant past experience. Relevant past experience under contracts or efforts (currently being performed or performed within the past five (5) years) that are of a similar, directly related scope, magnitude and complexity to that which is described in the solicitation and in the Statement of Work.

The following information is required for each client reference provided:

a. Name, phone number and email address of technical point of contact;

b. Name of the client agency, organization, or company;

c. Period of performance;

d. Contract number, if applicable; and

d. A brief description of the scope of work and responsibilities.

FACTOR 5: PAST PERFORMANCE:

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Past Performance Information Retrieval System (PPIRS) Contractor performance Assessment Reporting System (CPARS) ‘OR’ Past Performance Questionnaires: Each quoter is allowed a maximum of three (3) client references, via Past Performance Questionnaires or PPIRS reports CPARS, for work currently being performed or performed within the past five (5) years. The quoter may include project(s) performed by proposed subcontractors, as applicable, but must clearly identify the project(s) as performed by the subcontractor.

Past Performance Information Retrieval System (PPIRS): Each quoter is ‘ONLY’ required to have its client references submit Past Performance Questionnaires to NIST ‘IF’ the quoter’s performance reports are ‘NOT’ available in the CPARS Past Performance Information Retrieval System (PPIRS). If the quoter’s Past Performance reference is available in CPARS PPIRS, the quoter shall indicate so in this section.

Reference: https://www.ppirs.gov/ https://www.cpars.gov/

If the Past Performance referenced is NOT available in CPARS PPIRS, the Contractor shall instruct its client references to submit a Past Performance Questionnaire to NIST by the Solicitation closing date.

Each quoter is solely responsible for ensuring that its client references directly submit Past Performances Questionnaires, via e-mail, to be received by the closing date and time of this solicitation, to Rene Edwards; E-Mail: rene.edwards@nist.gov and Robert Singman at robert.singman@nist.gov. Further, each quoter is advised to instruct its client references to submit the Past Performance Questionnaires as early as possible to prevent late submissions by a quoter’s client references. If a quoter receives more than three (3) Past Performance Questionnaires, then only the first three (3) will be reviewed by NIST.

Volume III - Price Quotation:

The Price Quotation submission shall include at a minimum, the following:

Pricing:

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 all the CLINs identified above in the table on page 2. Price quotations shall remain valid for a period of 120 days from the date quotations are due.

CAR 1352.213-70, Evaluation Utilizing Simplified Acquisition Procedures (APR 2010)

Evaluation Factors – Basis for Award:

Award shall be made to the offeror whose proposal offers the best value to the Government price and other factors considered. The Government will evaluate proposals based on the following evaluation criteria: Factor 1 Video Presentation – Demonstration, Factor 2 Technical Approach, Factor 3 Management Approach, Factor 4 Relative Experience, Factor 5 Past Performance, and Factor 6 Price.

Factor 2 Technical Approach is the most important than Factor 3 Management Approach which is more important than Factor 1 Video Presentation - Demonstration which is more important than Factor 4 Relative Experience which is more important the Factor 5 Past Performance is paramount and all non-price factors, when combined, are more importance than price. The Government reserves the right to make an award to other than the lowest priced offeror or to the offeror with the highest technical evaluation if the Contracting Officer determines that to do so would result in the best value to the Government.

Factor 1: Video Presentation – Demonstration https://www.ppirs.gov/ https://www.cpars.gov/

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The Government will assess its level of confidence that the offering contractor will successfully perform all requirements in regards to the video presentation – demonstration;

1. Demonstrate the lifecycle of collection development and maintenance for physical and electronic resources including:

a. Investigating and evaluating new content

b. Making new content accessible

c. Ongoing evaluation and access

d. Discontinuing/deaccessioning content

2. Demonstrate how local content (for example, internal NIST publications) is added to the system, indexed, maintained, and made available in the search/portal interface

3. Demonstrate how user accounts are initially populated, maintained, and retired, assuming a feed is received from or a connection to our NIST identity management system

4. Demonstrate importing individual and batches of metadata records

5. Create and run a collection usage report to show how the system measures usage of both the physical and electronic collection

6. Demonstrate making layout and functional changes to the discovery interface

7. Demonstrate dashboard interface

Failure to provide a video presentation – demonstration shall be considered an unresponsive quotation and cannot be awarded the contract.

Factor 2 Technical Approach: Evaluation of technical approach shall be based on the information provided in the quotation. The Government will assess its level of confidence that the offering contractor will successfully perform all requirements in regards to the technical approach;

1. Demonstrate its understanding of the statement of work and their ability to successfully perform the statement of work efficiently and effectively

2. Demonstrate its training plan and technical support

3. fully describe its approach to providing the services to successfully perform the tasks identified in the Statement of Work.

4. The Offeror should describe their support and service level commitment to NIST’s implementation and ongoing maintenance of the Library Services Platform and Discovery Layer.

5. Describe if the system has received FedRAMP authorization, Authority to Operate (ATO) from another Federal Agency, and any completed third-party security audits.

If an offeror does not indicate whether its proposed technical approach meets the governments requirement, NIST will determine that it does not. NIST will give preference to offerors who demonstrate that their proposed technical approach exceeds NIST’s requirements.

Factor 3 Management Approach: Evaluation of management approach shall be based on the information provided in the quotation. The Government will assess its level of confidence that the offering contractor will successfully perform all requirements in regards to their management approach;

The Government will evaluate the extent to which the Offeror’s proposal:

1. Demonstrates the Offeror’s implementation and quality assurance plan during migration

2. Demonstrates short- and long- term development strategies for the system and how these strategies are determined

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3. Demonstrates how the Offeror shall achieve an Authorization to Operate (ATO) from NIST

4. Demonstrates a comprehensive training plan for initial implementation and continuous learning

5. Shows relevant experience within a research, special, or federal library environment

6. Demonstrates company stability and proven history

Factor 4: Corporate Experience

Corporate Experience will be evaluated to determine the degree of and relevance of experience the Quoter demonstrates in completing projects similar to the requirements of the SOW in terms of size, scope and complexity. Evaluation will thoroughly examine a quoter’s corporate experience for inclusion of technically complex experience that clearly indicates the quoter has successfully managed the library service platform as described in PWS.

Factor 5: Past Performance

The Government will evaluate the Past Performance Reports (via CPARS PPIRS or the attached Past Performance Questionnaires) to assess the quoter’s past performance. The Government will assign a neutral rating if the offeror has no relevant past performance information.

Factor 6 Price

The Government will evaluate price for reasonableness.

EVALUATION OF OPTIONS

It is anticipated that any order awarded under this Request for Proposal will contain option provision(s) and period(s). In accordance with FAR Clause 52.217-5, Evaluation of Options (July 1990), the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement, except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests. Evaluation of options will not obligate the Government to exercise the option(s).

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://farsite.hill.af.mil/.

Provisions

52.212-1 Instructions to Offerors - Commercial Items 52.212-3 Offeror Representations and Certifications-Commercial Items 52.217-5, Evaluation of Options (July 1990)

Clauses

52.212-4 Contract Terms and Conditions—Commercial Items 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders— Commercial Items (APR 2010)-- including subparagraphs:

52.203-6 - Restrictions on Subcontractor Sales to the Government Alternate I 52.204-10 - Reporting Executive Compensation and First Tier Subcontract Awards

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52.209-6 - Protecting the Government’s Interest when subcontracting with Contractor’s Debarred, Suspended or proposed for Debarment 52.209-9-Updates of Publicly Available Information Regarding Responsibility Matters 52.209-10 - Prohibition on Contracting with Inverted Domestic Corporations 52.219-6 - Notice of Total Small Business Set-Aside 52.219-8 - Utilization of Small Business Concerns 52.219-13 - Notice of Set-Aside of Orders 52.219-14 - Limitations on Subcontracting 52.219-28 - Post Award Small Business Program Representation 52.222-3 - Convict Labor 52.222-19 - Child Labor - Cooperation with Authorities and Remedies;

52.222-21 - Prohibition of Segregated Facilities 52-222-26 - Equal Opportunity;

52.222-35 - Equal Opportunity for Veterans 52.222-36 - Equal Opportunity for Workers with Disabilities 52.222-37 - Employment Reports on Veterans 52.222-50 - Combating Trafficking in Persons 52.223-18 - Encouraging Contractor Policies to Ban Text Messaging While Driving 52.225-13 - Restriction on Certain Foreign Purchases;

52.232-30 - Installment Payments for Commercial Items 52.232-33 - Payment by Electronic Funds Transfer- System for Award Management.

52.202-1 – Definitions 52.203-3 – Gratuities 52.203-12 - Limitation on Payments to Influence Certain Federal Transactions 52.203-18 - Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation 52.203-19 - Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements 52.204-4 - Printed or Copied Double-Sided on Postconsumer Fiber Content Paper 52.204-24 Representation Regarding Certain Telecommunications And Video Surveillance Services Or Equipment 52.204-25 Prohibition On Contracting For Certain Telecommunications And Video Surveillance Services Or Equipment.

52.204-26 Covered Telecommunications Equipment Or Services-Representation 52.209-5 - Certification Regarding Responsibility Matters 52.209-7 - Information Regarding Responsibility Matters 52.217-8 - Option to Extend Services 52.217-9 - Option to Extend the Term of the Contract

(a) The Government may extend the term of this contract by written notice to the Contractor within anytime during period of performance; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 2 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

(End of Clause)

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52.219-1 - Small Business Program Representations 52.222-54 - Employment Eligibility Verification 52.223-6 - Drug-Free Workplace 52.227-14 - Rights in Data—General 52.227-17 Rights In Data – Special Works Clause 52.222-25 - Affirmative Action Compliance 52.229-3 - Federal, State, and Local Taxes 52.232-1 - Payments 52.232-8 - Discounts for Prompt Payment 52.232-11 - Extras 52.232-17 - Interest 52.232-23 - Assignment of Claims 52.233-1 - Disputes 52.233-4 - Applicable Law for Breach of Contract Claim 52.239-1 - Privacy or Security Safeguards 52.242-13 - Bankruptcy 52.246-25 - Limitation of Liability – Services 52.252-2 - Clauses Incorporated by Reference

Department of Commerce Acquisition Regulation (CAR) clauses. Please view the full text of these clauses at http://www.ecfr.gov/cgi-bin/text-idx?SID=8b5f22b07c12a52e8b29841ad60f1fd9&mc=true&tpl=/ecfrbrowse/Title48/48chapter13.tpl.

Commerce Acquisition Regulations (CAR) Provisions and Clauses:

1352.201-70 Contracting Officer’s Authority 1352.201-72 Contracting Officer’s Representative (COR) 1352.209-72 Restrictions against disclosure 1352.209-73 Compliance With The Laws 1352.209-74 Organizational Conflict of Interest 1352.237-71 Security Processing Requirements - Low Risk Contracts 1352.237-75 Key personnel

1352.239-71 Electronic and information technology

(a) To be considered eligible for award, offerors must propose electronic and information technology (EIT) that meet the applicable Access Board accessibility standards at 36 CFR 1194 designated below:

_X__ 1194.21 Software applications and operating systems

_X__ 1194.22 Web-based intranet and internet information and applications

___ 1194.23 Telecommunications products

___ 1194.24 Video and multimedia products

___ 1194.25 Self-contained, closed products

___ 1194.26 Desktop and portable computers http://www.ecfr.gov/cgi-bin/text-idx?SID=8b5f22b07c12a52e8b29841ad60f1fd9&mc=true&tpl=/ecfrbrowse/Title48/48chapter13.tpl http://www.ecfr.gov/cgi-bin/text-idx?SID=8b5f22b07c12a52e8b29841ad60f1fd9&mc=true&tpl=/ecfrbrowse/Title48/48chapter13.tpl

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____ 1194.31 Functional performance criteria

_X__ 1194.41 Information, documentation and support

(b) The standards do not require the installation of specific accessibility-related software or the attachment of an assistive technology device, but merely require that the EIT be compatible with such software and devices so that it can be made accessible if so required by the agency in the future.

(c) Alternatively, offerors may propose products and services that provide equivalent facilitation. Such offers will be considered to have met the provisions of the Access Board standards for the feature or components providing equivalent facilitation. If none of the offers that meet all applicable provisions of the standards could be accepted without imposing an undue burden on the agency or component, or if none of the offerors propose products or services that fully meet all of the applicable Access Board's provisions, those offerors whose products or services meet some of the applicable provisions will be considered eligible for award. Awards will not be made to an offeror meeting all or some of the applicable Access Board provisions if award would impose an undue burden upon the agency.

(d) Offerors must submit representation information concerning their products by completing the VPAT template at http://www.Section508.gov .

(End of clause)

1352.239-72 Security requirements for information technology resources 1352.246-70 Place of acceptance

CAR 1352.237-75 KEY PERSONNEL (APR 2010)

(a) The contractor shall assign to this contract the following key personnel:

(Name) (Position Title)

(a) The contractor shall assign to this contract key personnel that will serve as the project manager and/or lead accountable for programmatic leadership. Offeror shall provide the type and quantity of personnel deemed necessary:

(Name) (Position Title)

(b) The contractor shall obtain the consent of the Contracting Officer prior to making key personnel substitutions. Replacements for key personnel must possess qualifications equal to or exceeding the qualifications of the personnel being replaced, unless an exception is approved by the Contracting Officer.

(c) Requests for changes in key personnel shall be submitted to the Contracting Officer at least 15 working days prior to making any permanent substitutions. The request should contain a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. The Contracting Officer will notify the contractor within 10 working days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved.

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 appropriate 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

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ATTN: ROBERT SINGMAN, CONTRACTING OFFICER

100 Bureau Drive, MS 1640

Gaithersburg, MD 20899

(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: NIST/ACQUISITION MANAGEMENT DIVISION

ATTN: HEAD OF THE CONTRACTING OFFICE (HCO)

100 Bureau Drive, MS 1640

Gaithersburg, MD 20899

(d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority.

(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

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 07

All contractor personnel shall read and be familiar with the Computer Security Policy at NIST which can be downloaded from the NIST internal web site at http//www i.nist.gov/cio/itsd/pp_nist/policy/policy_accnuse.html. This policy is hereby incorporated by reference as

Page 15 of 16 May 26, 2022 if fully set forth. The Contractor and its employee(s) and agents shall abide by the terms and conditions of the policy throughout the period of performance (including any exercised option periods) of this contract.

NIST LOCAL-41 SOFTWARE LICENSE ADDENDUM

(a) This Addendum incorporates certain terms and conditions relating to federal procurement actions.

The terms and conditions of this Addendum take precedence over the terms and conditions contained in any license agreement or other contract documents entered into between the parties.

Governing Law: Federal procurement law and regulations, including the Contract Disputes Act, 41 U.S.C. Section 601 et.seq., and the Federal Acquisition Regulation (FAR), govern the agreement between the parties. Litigation arising out of this contract may be filed only in those having jurisdiction over federal procurement matters.

Attorney's Fees: Attorney's fees are payable by the federal government in any action arising under this contract only pursuant to the Equal Access in Justice Act, 5 U.S.C. Section 504.

No Indemnification: The federal government will not be liable for any claim for indemnification; such payments may violate the Anti-Deficiency Act, 31 U.S.C. Section 1341(a).

Assignment: Payments may only be assigned in accordance with the Assignment of Claims Act, 31 U.S.C. Section 3727, and FAR Subpart 32.8, "Assignment of Claims."

Invoices: Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. Section 3903) and Office of Management and Budget (OMB) Circular A-125, Prompt Payment.

Patent and Copyright Infringement: Patent or copyright infringement suits brought against the United States as a party may only be defended by the U.S. Department of Justice (28 U.S.C. Section 516).

Renewal of Support after Expiration of this Award: Service will not automatically renew after expiration of the initial term of this agreement. Renewal may only occur in accord with (1) the mutual agreement of the parties; or (2) an option renewal clause allowing the government to unilaterally exercise one or more options to extend the term of the agreement.

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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

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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.

NIST LOCAL-54 ELECTRONIC BILLING INSTRUCTIONS

NIST requires that Invoices/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.

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