CSS 1333ND24QNB770554.pdf

CLASSIFICATION CODE: B - Special Studies/Analysis, Not Research and Development

TITLE: Support Services for the NIST Genomics Privacy-Preserving Federated Learning Platform Project

SOLICITATION NUMBER: 1333ND24QNB770554

RESPONSE DATE: 08/16/2024

CONTACT POINTS: Robert Cowins, Contract Specialist, (301) 975-8335

Hing Pan Wong, Contracting Officer, (301) 975-6289

DESCRIPTION:

The National Institute of Standards and Technology (NIST) has a requirement for the procurement of support services to be utilized by the Communications Technology Laboratory (CTL) at NIST, Gaithersburg, MD campus.

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 UNDER THE

AUTHORITY OF FAR PART 13.

This solicitation is a Request for Quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2024-05 dated 04/26/2024.

1352.215-72 INQUIRIES (APR 2010)

Offerors must submit all questions concerning this solicitation in writing to robert.cowins@nist.gov. Questions should be received no later than three 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 541511 – Custom Computer Programming Services with a small business size standard of $34 million in annual revenue.

This is acquisition being solicited as a 100% small business set-aside.

All offerors shall provide a quotation for the following line items:

CLIN 0001: Base Period Description: The contractor shall provide a support service for NIST Genomics Privacy-Preserving Federated Learning Platform Project in accordance with the incorporated Statement of Work.

QTY: 1

Unit of Issue: LO Period of Performance: 12 months from the date of award mailto:robert.cowins@nist.gov

CLIN 0002: Optional Task A Description: The contractor shall provide a support service for NIST Genomics Privacy-Preserving Federated Learning Platform Project in accordance with the incorporated Statement of Work.

QTY: 1

Unit of Issue: LO Period of Performance: 12 months from the date of award

CLIN 0002: Optional Task B Description: The contractor shall provide a support service for NIST Genomics Privacy-Preserving Federated Learning Platform Project in accordance with the incorporated Statement of Work.

QTY: 1

Unit of Issue: LO Period of Performance: 12 months from the date of award

CLIN 0002: Optional Task C Description: The contractor shall provide a support service for NIST Genomics Privacy-Preserving Federated Learning Platform Project in accordance with the incorporated Statement of Work.

QTY: 1

Unit of Issue: LO Period of Performance: 12 months from the date of award

CLIN 0002: Optional Task D Description: The contractor shall provide a support service for NIST Genomics Privacy-Preserving Federated Learning Platform Project in accordance with the incorporated Statement of Work.

QTY: 1

Unit of Issue: LO Period of Performance: 12 months from the date of award

STATEMENT OF WORK

TITLE: Services for the NIST Genomics Privacy-Preserving Federated Learning Platform

BACKGROUND INFORMATION

The NIST Information Technology Laboratory (ITL) Privacy Engineering Group (PEP) is seeking a team that will support the NIST Genomics Privacy-Preserving Federated Learning Platform and the NIST Collaborative Research Cycle (CRC). PEP has an interest enabling research for the sharing of datasets and, as such, has initiated a research project to address data privacy concerns regarding sensitive data including demographic and genomic data.

The PEP group has been developing a privacy-preserving federated learning (PPFL) model architecture. That platform simulates the exchange and modeling of genotype and phenotype data. This project seeks assistance in evaluating the fidelity, utility, and privacy of output models from the PPFL environment.

This project would also develop privacy metrics to support the NIST Collaborative Research Cycle, an on-going community benchmarking project.

SCOPE OF WORK

OBJECTIVES/PURPOSE

The aim of this statement of work is to conduct privacy evaluation exercises on the Genomics PPFL Platform and existing CRC data. This will involve developing empirical privacy evaluation software tools that can be applied to the Genomics PPFL Platform and then integrated into the metrology suite SDNist. These software tools will be complemented by a set of community red-teaming exercise that simulates privacy attacks on the Genomics PPFL Platform and the deidentified CRC data.

GENERAL

The Contractor shall provide all support for technical project oversight, administration, and technical execution of this task order. The Contractor shall take direction from the NIST Subject Matter Expert (SME) and maintain accurate records of project activities.

SPECIFIC REQUIREMENTS

The Contractor shall complete the following tasks:

Task 1: Create a suite of empirical privacy evaluation metrics.

a: Identify an extensive list of candidate empirical privacy metrics from academic literature, existing software repositories, and other relevant sources.

b: Recruit a set of at least five subject matter experts (SMEs) to advise the selection, evaluation, and implementation of privacy metrics.

c: Work with NIST staff to select a set of metrics to implement as original software. Develop a prototype of the metrics as a Python software library with the capability of examining the outputs of the NIST Genomics PPFL Platform.

d: Implement the prototype software from Specification 3 into the SDNist software library and configure the metrics to evaluate existing CRC data.

e: Create a presentation to communicate the project goals and recruit participants, partners, and other stakeholders at workshops, meetings, conferences, etc.

Task 2: Conduct a community red-teaming exercise to simulate privacy attacks on the Genomics PPFL Platform and the CRC deidentified datasets.

a: Work with NIST staff to develop a project plan for a community red-teaming exercise against the Genomics PPFL Platform and the CRC data. The project plan must have clear objectives and milestones that align to the due dates specified in this statement of work. Create a presentation to communicate the project goals and recruit participants, partners, and other stakeholders at workshops, meetings, conferences, etc.

b: Create a Python library to evaluate the fidelity and utility of the Genomics PPFL Platform output models. NIST and its delegates will collaborate to select a set of data fidelity and utility metrics. The test software shall output a standardized report in machine- and human-readable formats suitable for downstream analysis and research.

c: Develop a Python library to serve as a test harness to conduct the red-teaming exercise on the Genomics PPFL Platform. The test harness must be capable of accepting and validating community-created simulated privacy attacks in the form of Python scripts. The test harness must have an exemplar privacy attack script. The test harness must have clear documentation to facilitate community participation. The test harness will use the privacy metrics developed in Task 1 and output a standardized report in machine- and human-readable formats.

d: Develop a Python library to serve as a test harness to conduct the red-teaming exercise on the CRC data archive.

The test harness must be capable of accepting and validating community-created simulated privacy attacks in the form of Python scripts. The test harness must have an exemplar privacy attack script. The test harness must have clear documentation to facilitate community participation. The test harness will use privacy metrics developed in Task 1 and output a standardized report in machine- and human-readable formats.

Task 3: Conduct red-teaming exercises on the Genomics PPFL Platform and the CRC data archive.

a: Coordinate a red-teaming exercise for the Genomics PPFL Platform models. The Contractor will develop a method to receive and validate privacy attack Python scripts from the privacy and data science community. The Contractor will run the attack scripts against the Genomics PPFL Platform models and collect the resulting reports. The Contractor shall create a report detailing participation and outcomes.

b Coordinate a red-teaming exercise for the CRC data archive. The Contractor will develop a method to receive and validate privacy attack Python scripts from the privacy and data science community. The Contractor will run the attack scripts against the CRC data archive and collate the resulting reports. The Contractor shall create a report detailing participation and outcomes.

c: Organize the red-teaming exercise submission and output materials into one or more software repositories. The repository must contain all the submitted privacy attack scripts and the reports generated from the test harness. The repository must be well organized and thoroughly documented. The repository must have Python scripts or Python notebooks that demonstrate how to navigate and analyze the contents of the repository. Create a presentation to communicate the project goals and recruit participants, partners, and other stakeholders at workshops, meetings, conferences, etc.

Task 4: Complete a final report that summarizes the major activities of this project.

The report shall include a directory with links to all the major resources developed during the project. The report shall correlate the results of the empirical privacy evaluation and the red-teaming process with the goal of guiding which empirical evaluations best represent privacy attacks. The report shall include detailed summary statistics on the privacy, fidelity, and utility evaluations made during the project.

Task 5: Maintain the content of the Genomics PPFL Platform evaluation library, the CRC website, and the CRC Github repositories.

The contractor shall update content to reflect changes in the program, fix bugs, respond to pull requests, add additional submissions to the CRC data archive, organize the PPFL model outputs, and add features responsive to this project’s needs. All software for this project shall be version controlled with Git. The contractor shall submit links to the public Git changelogs as a monthly status report.

Optional Tasks

The option task, if executed by the government, is intended to add additional functionality to the CRC. The goal of the optional task is to add a benchmark time series dataset and evaluation metrics responsive to such data to the existing CRC resources.

Option Task A: Identify a benchmark dataset of time series data for the CRC.

The contractor will identify an open-source dataset of time series data suitable for deidentification research and benchmarking exercises consistent with existing CRC resources. The dataset may be synthetic or semi-synthetic if no appropriate public datasets can be identified. This task will be accomplished in close collaboration with NIST staff and delegates.

Option Task B: Develop and/or adapt data fidelity, utility, and privacy metrics to evaluate time series data for the

CRC.

The contractor will develop and implement fidelity, utility, and privacy metrics responsive to the evaluation of time series data. These metrics may be drawn from previous CRC work, the NIST deidentification challenges, or other sources. The metrics shall be implemented in Python be integrated into the SDNist library.

Option Task C: Integrate benchmark time series data into existing CRC and SDNist workflows and website

The contractor shall implement the time series data into the CRC data utilities. The contractor shall ensure that the time series data will be well integrated into existing CRC and SDNist workflows.

Option Task D: Configure and tune open-source synthetic generators to run on benchmark time series data.

In collaboration with NIST and its delegates, the contractor shall identify a set of open-source synthetic data generators to adapt and configure to synthesize new records from the benchmark data created in Option Task A.

These synthesizers shall be used to create example synthetic data and evaluation reports for the CRC data archive.

PERIOD OF PERFORMANCE

The period of performance shall be 12 months, inclusive of Optional Tasks.

PLACE OF PERFORMANCE

The primary place of performance is offsite but implemented through the NIST ITL program in Gaithersburg, Maryland. Offsite work shall be coordinated with the SME prior to execution and incur no additional cost to the government.

PAYMENT SCHEDULE

It is anticipated the labor hours for this action will be spread over the tasks not in a linear fashion but as required in response to the needs of the tasks as they unfold.

GOVERNMENT-FURNISHED PROPERTY

All property, data, and information provided by the Government in the performance of this task remains the property of the Government and shall be surrendered to the Government upon completion or termination of this requirement.

Likewise, all deliverables generated under this requirement remain the property of the Government.

DELIVERABLES

Base Tasks

Task Description Format Quantity Due Date

1a Generate a list of candidate empirical privacy metrics MS Word doc 1 Award + 30 days

1b Recruit a set of at least five SMEs to advise on fidelity, utility, and privacy evaluation MS Word doc 1 Award + 60 days

1c Create a prototype suite of empirical privacy metrics that operates on the Genomics PPFL Platform and its data

Software repository 1 Award + 60 days

1d Create a suite of empirical privacy metrics integrated into SDNist that operates on the CRC data

Software repository 1 Award + 90 days

1e Create a orientation presentation for stakeholders Powerpoint 1 Award + 100

2a Develop a plan for a community red-teaming exercise against the Genomics PPFL Platform and the CRC data. Develop

MS Word doc and Powerpoint 1 Award + 120 days

2b Create a software tool to evaluate fidelity and utility of the genomics PPFL output models Software repository 1 Award + 150 days

2c Develop a software test harness to host the red-teaming exercise on the Genomics PPFL Platform

Software repository 1 Award + 180 days

2d Develop a software test harness to host the red-teaming exercise on the CRC data Software repository 1 Award + 210 days

3a Coordinate red-teaming exercise for genomics PPFL data

MS Word doc of outcomes 1 Award + 240 days

3b Coordinate red-teaming exercise for CRC data MS Word doc of outcomes 1 Award + 270 days

3c Organize red-teaming exercise submissions and output materials into a software repository

Software repository and Powerpoint 1

Award + 300

4 Final Report MS Word doc 1 Award + 360

5 Maintain the genomics PPFL evaluation tools, the SDNist library, and the CRC website

Contributions to software repositories tracked with a monthly report of Git changelogs

12 Monthly

Optional Tasks – CRC Time Series

Task Description Format Quantity Due Date

A Identify a benchmark dataset of time series data for the CRC Dataset 1 Option Award +

30 days

B Develop and/or adapt data fidelity, utility, and privacy metrics to evaluate time series data for the CRC

Software repository 1 Option Award +

90 days

C Integrate benchmark time series data into existing CRC and SDNist workflows and website

Software repository 1 Option Award +

150 days

D Configure and tune open-source synthetic generators to run on benchmark time series data

Software repository 1 Option Award +

180 days

PAYMENT SCHEDULE MILESTONES

Task Requirement Number of payments 1 All Task 1 deliverables accepted 1

2 All Task 2 deliverables accepted 1

3 All Task 3 deliverables accepted 1

4 All Task 4 deliverables accepted 1

5 Git changelogs accepted 12

Optional Tasks

Task Requirement Number of payments A Task A deliverable accepted 1

B Task B deliverable accepted 1

C Task C deliverable accepted 1

D Task D deliverable accepted 1

PERFORMANCE REQUIREMENT SUMMARY

Base Tasks

Desired Output Required Service Performance Standard Monitoring Method The first desired output is the implementation of a robust set of empirical privacy metrics for the Genomics PPFL Platform and the CRC.

The required service is identification, implementation, and integration of privacy metrics for the Genomics PPFL Platform and the

The performance standard for the contract will be completion of the deliverables, which are outlined in detail in the tasks for this SOW.

The deliverables of this contract define target due dates. The Contractor shall participate in regularly scheduled meetings that will be monitored by the

The second desired output is community-based red-teaming exercise.

The service is to create the tools, infrastructure, and documentation to conduct a successful set of red-teaming exercises.

The performance standard for the contract will be completion of the deliverables, which are outlined in detail in the tasks for this SOW.

The deliverables of this contract define target due dates. The Contractor shall participate in regularly scheduled meetings that will be monitored by the

SME

Optional Tasks

The desired output of the option task is the implementation of a time series benchmark data set into the NIST CRC framework and metrics i t th d t

The service is to identify or create a dataset, build a metrology suite, and implement those resources into existing CRC software utilities.

The performance standard for the contract will be completion of the deliverables, which are outlined in detail in the tasks for this SOW.

The deliverables of this contract define target due dates. The Contractor shall participate in regularly scheduled meetings that will be monitored by the

SME

Standards for Acceptance of Deliverables

The SME will provide comments on each deliverable within 14 calendar days from receipt of a given deliverable. The Contractor shall make any necessary changes to reports within 14 calendar days from receipt of electronic or written comments from the SME. The Contracting Officer’s Representative (COR) will provide written notification when a deliverable is accepted.

TRAVEL

NIST anticipates two domestic trips for workshops, conferences, or focus group meetings to support the work. The Contractor shall not represent NIST. Travel will be reimbursable per Federal Travel Regulations. Each trip is expected to be less than a week in duration. NIST will provide at least three weeks’ notice before each trip. Prior approval from the Contracting Officer is required in the following scenarios: lodging in excess of the government rate, airline/rental car upgrades, medical accommodations, driving instead of flying to destinations outside local travel, multiple destinations in a single trip, or trips longer than a week in duration. Prior approval is requested by the Contractor to the Contracting Officer via the SME. At a minimum, the Contractor shall include the justification and documented cost comparison. Travel locations and dates are being finalized, but the following are likely venues:

• The annual meeting of the Federal Committee of Statistical Methods (FCSM)

• The Theory and Practice of Differential Privacy Workshop (TPDP)

CONTRACTOR’S MINIMUM QUALIFICATIONS

Key Personnel:

Level IV (Senior Scientist/Engineer): Experienced principal scientist or engineer with a minimum of a Ph.D. degree, from an accredited college or university, in a related field appropriate for the work required. The person must have a minimum of 10 years’ experience in the related field, OR a demonstrated equivalent combination of education, training, and experience can be used to meet the minimum qualifications.

• Ph.D. degree in computer science with focus on differential privacy or related field

• 5 years’ experience in privacy-preserving algorithms

• Strong applied mathematics experience with proficiency in developing efficient algorithms for solving computationally difficult optimization problems

• Experience as a principal contributor to the development of differential and privacy-preserving algorithms

• Record of noteworthy publications, invited talks, and contributions

Support Personnel:

One or more Level III (Senior Scientist/Engineer): Experienced scientist or engineer with a minimum of a master’s degree, from an accredited college or university, in a related field appropriate for the work required. The person must have a minimum of 5 years’ experience in the related field, OR a demonstrated equivalent combination of education,

• Experience evaluating synthetic data

• Experience developing code to evaluate and visualize synthetic data

• Experience developing leaderboard or similar visualizations

• 2 years’ experience in privacy-preserving algorithms

• Applied mathematics experience with proficiency in developing efficient algorithms for solving computationally difficult optimization problems

One or more Level II (Senior Scientist/Engineer): Scientist or engineer with a minimum of a bachelor’s degree, from an accredited college or university, in a related field appropriate for the work required. The person must have a minimum of 1 year of experience in the related field, OR a demonstrated equivalent combination of education,

• Experience with data management and processing

• Experience managing software repositories

• Experience reviewing and editing technical documents such as technical manuscripts, code, and documentation.

CONTRACT TYPE

Firm Fixed Price

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/.

FAR Provisions

52.204-7, System for Award Management 52.204-16, Commercial and Government Entity Code Reporting

52.204-17, Ownership or Control of Offeror (JUL 2016)

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations – Representation

52.225-25, Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation

52.212-1 Instructions to Offerors - Commercial Items

52.212-3 Offeror Representations and Certifications-Commercial Items

52.204-20 Predecessor of Offeror

(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 NATO’s Support 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 Offeror represents that it □ is or □ is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ________ (or mark “Unknown”) Predecessor legal name: _________________________ (Do not use a “doing business as” name)

(End of provision)

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.

(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 Offeror 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.

52.212-2 Evaluation - Commercial Items

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

An award will be made to the offeror whose quotation offers the best value to the Government price and other factors considered. The Government will evaluate quotations based on the following evaluation criteria: 1) Technical Capability and 2) Price. Non-price factor shall be equally important to price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer`s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.252-1 Solicitation Provisions Incorporated by Reference.

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 offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror 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):

Federal Acquisition Regulation (FAR): www.acquisition.gov/far/ Commerce Acquisition Regulation (CAR): www.acquisition.gov/car/ (End of provision)

FAR Clauses

FAR 52.252-2 Clauses Incorporated by Reference.

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):

Federal Acquisition Regulation (FAR): www.acquisition.gov/far/ Commerce Acquisition Regulation (CAR): http://www.ecfr.gov/cgi-bin/text-idx?SID=8b5f22b07c12a52e8b29841ad60f1fd9&mc=true&tpl=/ecfrbrowse/Title48/48chapter13.tpl

52.204-13 System for Award Management Maintenance 52.204-18, Commercial and Government Entity Code Maintenance 52.204-19, Incorporation by Reference of Representations and Certifications 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

(a) Definitions. As used in this clause— http://www.acquisition.gov/far/ http://www.acquisition.gov/car/

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(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. The Contractor is prohibited from providing to the Government 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, unless an exception at paragraph

(c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in Federal Acquisition Regulation 4.2104.

(c) Exceptions. This clause does not prohibit contractors 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.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

52.212-4 Contract Terms and Conditions—Commercial Items 52.227-17 Rights in Data-Special Works 52.232-39 Unenforceability of Unauthorized Obligations 52.232-40 Providing Accelerated Payments to Small Business Subcontractors 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (JUL 2020)-- including subparagraphs:

52.203-6 - Restrictions on Subcontractor Sales to the Government 52.204-10 - Reporting Executive Compensation and First-Tier Subcontract Awards https://www.acquisition.gov/content/part-4-administrative-and-information-matters#id1989GI040ZO https://dibnet.dod.mil/ https://dibnet.dod.mil/

52.209-6 - Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment 52.219-6, Notice of Total Small Business Set-Aside 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 52.222-36 - Equal Opportunity for Workers with Disabilities 52.222-37 Employment Reports on Veterans 52.222-38, Compliance with Veterans’ Employment Reporting Requirements 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 52.232-33 - Payment by Electronic Funds Transfer- System for Award Management

Commerce Acquisition Regulations (CAR) Provisions and Clauses:

CAR Provisions CAR 1352.233-70 Agency Protests

(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

ATTN: HING PAN WONG, 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

CAR 1352.233-71 GAO and Court of Federal Claims Protests

(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

CAR Clauses

1352.201-70 Contracting Officer’s Authority 1352.201-72 Contracting Officer's Representative (COR) 1352.209-73 Compliance with The Laws 1352.209-74 Organizational Conflict of Interest

NIST Local Clauses

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.

INSTRUCTIONS:

System for Award Management (SAM)

In accordance with FAR 52.204-7, offerors are required to be registered in SAM when submitting an offer or quotation and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. Offerors without active SAM registration will not be considered.

Required Information

The government will not consider any quotation without the information required by this solicitation.

Due Date for Quotations

Offerors shall submit their quotations so that NIST receives them not later than 12:00 p.m. Eastern Time, 08/16/2024. FAX and hard-copy quotations shall not be accepted. E-mail quotations shall be accepted at robert.cowins@nist.gov. Offerors’ quotations shall not be deemed received by the Government until the quotation is entered the e-mail address inbox set forth above. Late quotes will not be accepted.

Addendum to FAR 52.212-1, Quotation Preparation Instructions

1) Price Quotation: The pricing quotation shall be separate from any other portion of the quotation. The offeror shall propose a firm-fixed-price for each CLIN. Price quotations shall remain valid for a period of 90 days from the date quotations are due. Price quotations shall include a proposed milestone payment schedule.

2) Technical Quotation: The technical quotation shall address the following:

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

mailto:robert.cowins@nist.gov

Resumes for each person proposed as key personnel, to include name, education, experience, and country of citizenship are required. If a candidate is not a US citizen, then the proper documentation, as required by CAR clause 1352.237-73, must be provided with the Quotation. In addition, the quotation shall indicate the labor categories for each candidate proposed.

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

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

1. Contract number;

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

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

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

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

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

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

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

OR

“The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:

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

Note: This procurement is not being conducted under the GSA Federal Supply Schedule (FSS) program or another Government-Wide Area Contract (GWAC). If an offeror submits a quotation based upon an FSS or GWAC contract, the Government will accept the quoted price. However, the terms and conditions stated herein will be included in any resultant Purchase Order, not the terms and conditions of the offeror’s FSS or GWAC contract, and the statement required above shall be included in the quotation.

QUOTATION EVALUATION:

The Government reserves the right to make an award without discussions based solely upon initial quotations.

Therefore, offerors should ensure that their initial quotation constitutes their best offer in terms of both price and the technical solution being proposed.

Basis of Award

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 listed in descending order of importance: 1) Technical Capability 2) Technical Key Personnel, 3) Past Performance, and 4) Price. All non-price factors, individually and when combined, are more important than price.

Technical Capability: The government will evaluate the extent to which the offeror has demonstrated the technical capability to successfully perform these services, and demonstrated a feasible technical approach to successfully perform and manage the required tasks while ensuring that all deliverable schedule requirements are met.

Technical Key Personnel:

The Government will evaluate the key personnel proposed by the offeror for the extent to which they are qualified to efficiently and effectively address the requirements in the Statement of Work. The Government will consider the extent to which the proposed key personnel meets or exceeds the minimum qualifications identified in the Statement of Work, as well as the qualifications “preference” identified in the Statement of Work. Greater consideration will be given to key personnel that exceed the specific minimum qualification requirements and/or meet the key personnel preference identified in the Statement of Work.

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 three years.