B-2 CSS REG MONITORING SUB 1333ND20QNB600571.doc

FBO ANNOUNCEMENT: COMBINED SYNOPSIS/SOLICITATION

ACTION CODE: <COMBINED>

CLASSIFICATION CODE: D – INFORMATION TECHNOLOGY AND TELECOMMUNICATIONS

SUBJECT: ONLINE STATE REGULATORY MONITORING SUBSCRIPTION SERVICE

SOLICITATION NO.: 1333ND20QNB600571

RESPONSE DATE: 25 Aug 2020 CONTACT POINT: Randy Schroyer, Contracting Officer; 301/975-6314 (T)

THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS AND SERVICES 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. FAR PART 13 SIMPLIFIED ACQUISITION PROCEDURES ARE UTILIZED IN THIS PROCUREMENT. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTATIONS ARE BEING REQUESTED AND A WRITTEN SOLICITATION DOCUMENT WILL NOT BE ISSUED.

THIS SOLICITATION IS BEING ISSUED USING SIMPLIFIED ACQUISITION PROCEDURES.

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) 2020-07 effective 3 Aug 2020.

The associated North American Industrial Classification System (NAICS) code for this procurement is 519190 with a small business size standard of $30.0M.

This acquisition is unrestricted and all interested parties may submit a firm fixed-price quotation in accordance with the Statement of Work (SoW) included as an attachment to this Combined Synopsis/Solicitation.

BASE PERIOD: 1 OCT 2020 THROUGH 30 SEP 2021

LINE ITEM NO. (LIN) 0001

WEB PORTAL ACCESS TO A SUBSCRIPTION-BASED ELECTRONIC STATE REGULATORY MONITORING SERVICE IAW THE STATEMENT OF WORK (SoW).

QTY.: 1 YR

OPTION YEAR 1: 1 OCT 2021 THROUGH 30 SEP 2022

LINE ITEM NO. (LIN) 0002

WEB PORTAL ACCESS TO A SUBSCRIPTION-BASED ELECTRONIC STATE REGULATORY MONITORING SERVICE IAW THE STATEMENT OF WORK (SoW).

QTY.: 1 YR

LINE ITEM NO. (LIN 0003)

OPTION YEAR 2: 1 OCT 2022 THROUGH 30 SEP 2023

WEB PORTAL ACCESS TO A SUBSCRIPTION-BASED ELECTRONIC STATE REGULATORY MONITORING SERVICE IAW THE STATEMENT OF WORK (SoW).

QTY.: 1 YR

LINE ITEM NO. (LIN 0004)

OPTION YEAR 3: 1 OCT 2023 THROUGH 30 SEP 2024

WEB PORTAL ACCESS TO A SUBSCRIPTION-BASED ELECTRONIC STATE REGULATORY MONITORING SERVICE IAW THE STATEMENT OF WORK (SoW).

QTY.: 1 YR

LINE ITEM NO. (LIN 0005)

OPTION YEAR 4: 1 OCT 2024 THROUGH 30 SEP 2025

WEB PORTAL ACCESS TO A SUBSCRIPTION-BASED ELECTRONIC STATE REGULATORY MONITORING SERVICE IAW THE STATEMENT OF WORK (SoW).

QTY.: 1 YR

This is an Open-Market Combined Synopsis/Solicitation for commercial on-line subscription service as defined herein and in the attached SoW. The Government intends to award a Purchase Order as a result of this Combined Synopsis/Solicitation that will include the terms and conditions that are set forth herein. In order to facilitate the award process, ALL quotations shall include a statement regarding the terms and conditions herein as follows:

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

OR

The Offeror 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:

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

Offerors that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

Please note that this procurement is not being conducted under the GSA Federal Supply Schedule (FSS) program or another Government-Wide Area Contract (GWAC). If 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.

ADDENDUM TO FAR 52.212-1

QUOTATION PREPARATION INSTRUCTIONS

All organizations shall submit the following:

Technical Quotation (Vol. I) and (b) Price Quotation (Vol. II) as two (2) separate electronic files. Incomplete quotations may be considered non-compliant 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 organization, the date, and the solicitation number. A one-page transmittal letter signed by an individual authorized to commit the organization shall be transmitted with the quotation to the Government. Each quotation shall be on 8.5” x 11” paper, in a commercially standard font, not smaller than 12-point font. Each page in the quotation shall be separately numbered. The quotation shall be limited to twenty-five (25) single-sided, single-spaced pages (excluding the letter of transmittal, cover letter, and database product literature).

Overall Arrangement of Documents

VOLUME I: TECHNICAL: no pricing information shall be included in the technical quotation NIST will evaluate quotations, based on the information submitted in support of the following factor:

Technical Capability

The organization shall provide sufficient information to demonstrate its understanding of the requirements by providing a concise, detailed, and thorough discussion of its technical capability to successfully deploy and provide access to an online service for state regulatory monitoring with a searchable database that meets or exceeds all required content for the subscription product including all associated deliverables, daily e-mail reporting and technical support as defined in the SoW. The organization shall not simply state they will meet the requirement; evidence must be provided. If the organization does not indicate how its proposed subscription-based solution meets a certain minimum requirement, NIST may determine that it does not.

To establish technical capability, the organization shall provide a URL that will grant access to the portal of its on-line state regulatory monitoring database subscription product.

The organization may also include its proposed web service subscription product literature in the Volume 1 Technical Quotation.

VOLUME II: PRICE

1. Price (FOB Destination) – firm, fixed price for: a) the base period subscription as defined in the SoW; and, b) all option periods for renewal of the base period subscription as defined in the SoW.

The organization shall submit an original copy of the completed price schedule. If the quotation is submitted electronically, additional copies are not required. The price quotation shall be separate from any other portion of the quotation. The organization shall propose a firm fixed price for LINs 0001-0005.

The organization is encouraged to discount its rates. If price discounts are offered, identify the percentage of price discount and/or price reduction offered. As a point of reference for price discounts offered, the organization shall include a copy of its published pricelist page(s) associated with the items being discounted.

The Volume II Price Quotation shall include the organizations Dun and Bradstreet No. (DUNS).

To be eligible for award, the organization must have an active registration in the System for Award Management (www.sam.gov)

If the organizations representations and certifications in www.sam.gov do not reflect the NAICS governing this solicitation, the organization should submit documentation that it is a small business under the NAICS governing this solicitation.

PAYMENT SCHEDULE

Partial payments will not be authorized. One aggregate payment shall be made initially for the base period. A proper invoice will be approved for payment if access to the online web-based subscription service has been granted and all minimum requirements have otherwise been satisfied. The invoice will not be approved if any minimum requirement has not been made available to the Government or determined to be non-functional.

For the option periods, if exercised, one aggregate payment shall be made annually. A proper invoice will be approved for payment if the online web-based subscription service remains accessible.

The Contractor will be paid, in accordance with Net 30-day payment terms, upon receipt and acceptance of a proper invoice issued by the Contractor, on an annual basis.

The organization may propose an alternative payment schedule for NIST consideration.

LIN 0002-0005 ARE OPTIONS – EXERCISE OF OPTIONS IS SOLELY AT THE DISCRETION OF THE GOVERNMENT

ADDENDUM TO FAR 52.212-2

EVALUATION

The Government intends to award a single purchase order resulting from this solicitation that will include the terms and conditions that are set forth herein to the responsible organization whose quotation is deemed technically acceptable and is the lowest price.

The Government intends to evaluate quotations and award a purchase order without discussions. Therefore, the organization's initial quotation should contain the best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary.

The Government further reserves the right to request revised quotations from, or negotiate final contract terms with, one or more, but not all, organizations if later determined by the Contracting Officer to be necessary.

The Government will evaluate quotations based on the following criteria: a) technical capability; and, b) price

EVALUATION CRITERIA

Technical Capability Evaluation of technical capability will be based on the information provided in the technical quotation and an assessment of the overall quality, comprehensiveness and relevance of the proposed subscription-based product accessible and viewable through the provided URL.

The Government will evaluate whether the organization has demonstrated that its proposed solution meets all minimum requirements for content, including all associated deliverables, daily e-mail reporting and technical support as defined in the SoW. Quotations that do not demonstrate the proposed subscription-based product meets all minimum requirements will not be considered further for award.

Price

The Government will evaluate the proposed annual pricing for the base and option periods for reasonableness.

Unless resolved through discussions determined necessary by the Government, price will not be evaluated for quotations that are determined technically unacceptable.

***APPLICABLE PROVISIONS AND CLAUSES***

The full text of a FAR provision or clause may be accessed electronically at http://acquisition.gov/far/index.html

The following FAR provisions apply to this acquisition:

[ANY PROVISIONS DISPLAYED IN FULL TEXT REQUIRE COMPLETION BY THE ORGANIZATION AND SHALL BE INCLUDED IN THE VOLUME II PRICE QUOTATION]

52.204-7 System for Award Management (OCT 2018);

52.204-16 Commercial and Government Entity Code Reporting (JUL 2016);

52.204-17 Ownership or Control of Quoter (JUL 2016);

52.204-20 Predecessor of Quoter (JUL 2016)

Predecessor of Quoter (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 and its outlying areas by the Defense Logistics Agency (DLA) Contractor 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 DLA Contractor and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as an 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 Quoter 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 Quoter 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)

52.204-22 Alternative Line Item Proposal (JAN 2017);

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (DEC 2019)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Dec 2019) The Offeror shall not complete the representation in this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision—

“Covered telecommunications equipment or services”, “critical technology”, and “substantial or essential component” have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that it □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will” provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer—

(1) A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of provision) 52.204-26 Covered Telecommunications Equipment or Services-Representation (DEC 2019)

Covered Telecommunications Equipment or Services-Representation (Dec 2019)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Quoter shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representation. The Quoter represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(End of provision) 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations – Representation (NOV 2015);

Prohibition on Contracting with Inverted Domestic Corporations-Representation

(a) Definitions. “Inverted domestic corporation” and “subsidiary” have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that-

(1) It □ is, □ is not an inverted domestic corporation; and

(2) It □ is, □ is not a subsidiary of an inverted domestic corporation.

(End of provision) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction Under any Federal Law (FEB 2016)

Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that—

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

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

(b) The Quoter represents that—

(1) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

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

(End of provision) 52.212-1 Instructions to Quoters – Commercial Items (JUL 2020);

52.212-2 Evaluation—Commercial Items (OCT 2014);

52.212-3 Quoters Representations and Certifications- Commercial Items (JUL 2020);

In accordance with FAR 52.212-3 Quoter Representations and Certifications – Commercial Items, quoters must complete annual representations and certifications on-line at sam.gov/SAM/ and be actively registered to be eligible for award. If paragraph (j) of the provision applies, a written submission is required.

52.217-5 Evaluation of Options (JUL 1990);

52.222-22 Previous Contracts and Compliance Reports (FEB 1999);

The quoter represents that—

It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation;

It □ has, □ has not filed all required compliance reports; and

Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

(End of provision) 52.222-25 Affirmative Action Compliance (APR 1984);

Affirmative Action Compliance (Apr 1984) The offeror represents that-

(a)It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2); or

(b)It □ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(End of provision) 52.225-25 Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran – Representation and Certifications (JUN 2020);

52.252-1 Solicitation Provisions Incorporated by Reference

Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The quoter is cautioned that the listed provisions may include blocks that must be completed by the quoter and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the quoter may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://acquisition.gov/far/index.html

The following FAR clauses apply to this acquisition:

52.204-13 System for Award Management Maintenance (OCT 2018);

52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016);

52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014);

52.212-4 Contract Terms and Conditions – Commercial Items (OCT 2018);

52.217-8 Option to Extend Services.

Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 5 days of contract expiration.

52.217-9 Option to Extend the Term of the Contract.

Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 1 day; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 5 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.

52.227-17 Rights in Data – Special Works (DEC 2007);

52.232-8 Discounts for Prompt Payment (FEB 2002);

52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013);

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS [(DEVIATION APR 2020)]

(a)[(1) In accordance with 31 U.S.C. 3903 and 10 U.S.C. 2307, u]Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract [in accordance with the accelerated payment date established], to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, [with a goal of 15 days] after receipt of a proper invoice and all other required documentation from the small business subcontractor [if a specific payment date is not established by contract.

(2) The Contractor agrees to make such payments to its small business subcontractors without any further consideration from or fees charged to the subcontractor].

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

(End of clause) 52.247-34 F.o.b. Destination (NOV 1991);

52.252-2 Clauses Incorporated by Reference;

Clauses Incorporated By Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://acquisition.gov/far/index.html

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders (JUN 2020) — Commercial Items including subparagraphs:

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020);

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JUN 2020);

52.219-28 Post Award Small Business Program Rerepresentation (MAY 2020);

52.222-3 Convict Labor (JUN 2003);

52.222-19 Child Labor – Cooperation with Authorities and Remedies (JAN 2020);

52.222-21 Prohibition of Segregated Facilities (APR 2015);

52.222-26 Equal Opportunity (SEP 2016);

52.222-35 Equal Opportunity for Veterans (JUN 2020);

52.222-36 Affirmative Action for Workers with Disabilities (JUN 2020);

52.222-37 Employment Reports on Veterans (JUN 2020);

52.222-50 Combatting Trafficking in Persons (JAN 2019);

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020);

52.225-13 Restriction on Certain Foreign Purchases (JUN 2008); and 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (OCT 2018) The following Department of Commerce (CAR) provisions and clauses apply to this acquisition. The CAR can be accessed online at http://www.ecfr.gov/cgi-bin/text-idx?SID=6b3121d28d772a0296241b81d731dbf1&mc=true&node=pt48.5.1352&rgn=div5

PROVISIONS:

1352.215-72 Inquiries (Apr 2010)

Quoters must submit all questions concerning this solicitation in writing to randy.schroyer@nist.gov NLT 5:00PM 18 Aug 2020. 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, only the question responses included in the amendment to the solicitation will govern performance of the contract.

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 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 Div.

Attn: Randy Schroyer, Contracting Officer

100 Bureau Dr., M/S 1640

Gaithersburg, MD 20899

(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: NIST/Acquisition Management Div.

Attn: Head of the Contracting Office (HCO)

100 Bureau Dr., M/S 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, NW

Washington, DC 20230

FAX: 202/482-5858

CLAUSES:

1352.201-70 Contracting Officer’s Authority (Apr 2010);

1352.209-73 Compliance with the Laws (Apr 2010);

1352.209-74 Organizational Conflict of Interest (Apr 2010);

1352.233-71 GAO and Court of Federal Claims Protests (Apr 2010)

(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

1352.239-70 Software License Addendum

1352.239-71 Electronic and Information Technology

ELECTRONIC AND INFORMATION TECHNOLOGY (APR 2010)

(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:

______ 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

______ 1194.31 Functional performance criteria

______ 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 www.Section508.gov.

(End of clause) 1352.246-70 Place of Acceptance;

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 Dr., Gaithersburg, MD 20899 1352.270-70 Period of Performance;

Period of Performance (APR 2010)

(a) The base period of performance of this contract is from 1 Oct 2020 through 30 Sep 2021. If an option is exercised, the period of performance shall be extended through the end of that option period.

(b) The option periods that may be exercised are as follows:

Period

Start Date

End Date

Option I

1 Oct 2021

30 Sep 2022

Option II

1 Oct 2022

30 Sep 2023

Option III

1 Oct 2023

30 Sep 2024

Option IV

1 Oct 2024

30 Sep 2025

(c) The notice requirements for unilateral exercise of option periods are set out in FAR 52.217-9.

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.

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.

And other appropriate clauses as needed Department of Commerce Agency-Level Protest Procedures Level above the Contracting Officer is also incorporated. It can be downloaded at www.nist.gov/admin/od/contract/agency.htm ***Offerors shall e-mail their quotation to randy.schroyer@nist.gov so that it is received by the response date/time for this solicitation. It is the responsibility of the offeror to confirm NIST’s receipt of its quotation. Each quotation shall include sufficient data to allow the Government to determine the amount, realism and consistency of the quoted fixed price. An e-mail quotation will be considered received when it is received in the electronic in-box of randy.schroyer@nist.gov not later than the date and time identified herein.

This solicitation does not commit the Government to pay any costs for the preparation and submission of a quotation.

The Contracting Officer is the only individual who can legally commit and obligate the Government to the expenditure of public funds in connection with this proposed acquisition.

Any questions regarding this solicitation shall be submitted in writing via e-mail to randy.schroyer@nist.gov no later than 5:00PM EST 18 Aug 2020. The Government will only respond to written questions. Questions submitted after this date and time may not be addressed by the Government prior to the quotation submission deadline.

***The due date and time for receipt of quotations is 25 Aug 2020 no later than 5:00PM EST.

Only information received on or before the due date and time for receipt of quotations will be considered for award. Any quotation, or part thereof, received after the due date and time for receipt of quotations, will be deemed late and not considered for award.