MASS SPECTRAL LIBRARIES TECH SUPPT 1333ND23QNB640564 8-16-2023.pdf

SAM.GOV ANNOUNCEMENT: COMBINED SYNOPSIS/SOLICITATION

ACTION CODE: <COMBINED>

CLASSIFICATION CODE: R – SUPPORT – PROFESSIONAL:

ENGINEERING/TECHNICAL

SUBJECT: NIST MASS SPECTRAL LIBRARIES TECHNICAL SUPPORT

SERVICES

SOLICITATION NO.: 1333ND23QNB640564

RESPONSE DATE: 31 Aug 2023

CONTACT POINTS: Randy Schroyer, Contracting Officer; 301/975-6314 (T) Andrea Parekh, Supv. Contracting Officer; 301/975-6984 (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 PRODUCTS AND COMMERCIAL SERVICES-AS

SUPPLEMENTED WITH ADDITIONAL INFORMATION INCLUDED IN THIS

NOTICE. FAR PART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES 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 a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2023-05 published 8 Aug 2023.

The associated North American Industrial Classification System (NAICS) code for this procurement is 541690 with a small business size standard of $19.0M.

This acquisition is 100% set-aside for small business.

Responsible small business concerns may submit a firm fixed-price quotation in accordance with (IAW) the Statement of Work (SoW) included as an attachment to this Combined Synopsis/Solicitation (CS/S).

The National Institute of Standards and Technology (NIST), Material Measurement Laboratory (MML), Biomolecular Measurement Division (BMD) in Gaithersburg, MD is responsible for the development of chemical databases to accomplish NIST’s mission to carry out collection, compilation, critical evaluation, publication and sale of standard reference data in accordance with Public Law 90-396. 90th Congress, H.R. 6279, July 11, 1968.

The chemical databases provide standard reference data for laboratories, both within NIST and to the worldwide scientific community. The Mass Spectrometry Data Center (MSDC), a component of the BMD, is responsible for the development of the NIST/EPA/NIH Mass Spectral Library as well as the Tandem Mass Spectral Library (“the Libraries”, https://www.nist.gov/srd/nist-standard-reference-database-1a). MSDC also develops software tools including MS Search, MS Interpreter, Automated Mass Spectral Deconvolution & Identification System (AMDIS), MS PepSearch, and Lib2NIST Library Conversion Tool (“associated Software”, https://chemdata.nist.gov/dokuwiki/doku.php?id=chemdata:nistlibs

The Contractor shall provide a range of long-term technical assistance to the MSDC for the Libraries and the associated Software.

BASE PERIOD: 24 SEP 2023 THROUGH 23 SEP 2024

LINE ITEM NO. (LIN) 0001: The Contractor shall provide support for the Libraries and the associated Software in accordance with (IAW) the Statement of Work (SoW).

QTY: 12 MONTHS OR 4 QUARTERS (TO BE EXPRESSED AS A FIRM FIXED

PRICE)

LINE ITEM NO. (LIN) 0002: Approved Travel Expenses associated with LIN 0001 (to be reimbursed IAW the Federal Travel Regulation as prescribed by the General Services Admin.).

QTY: 1 LOT (TO BE EXPRESSED AS A NOT TO EXCEED VALUE)

LINs 0003-0010 ARE OPTION LINs – EXERCISE OF OPTION LINs IS SOLELY AT

THE DISCRETION OF THE GOVERNMENT

OPTION YEAR 1: 24 SEP 2024 THROUGH 23 SEP 2025

LINE ITEM NO. (LIN) 0003: The Contractor shall provide support for the Libraries and the associated Software in accordance with (IAW) the Statement of Work (SoW).

QTY: 12 MONTHS OR 4 QUARTERS (TO BE EXPRESSED AS A FIRM FIXED

PRICE)

https://www.nist.gov/srd/nist-standard-reference-database-1a https://www.nist.gov/srd/nist-standard-reference-database-1a https://chemdata.nist.gov/dokuwiki/doku.php?id=chemdata:nistlibs

LINE ITEM NO. (LIN) 0004: Approved Travel Expenses associated with LIN 0003 (to be reimbursed IAW the Federal Travel Regulation as prescribed by the General Services Admin.).

QTY: 1 LOT (TO BE EXPRESSED AS A NOT TO EXCEED VALUE)

OPTION YEAR 2: 24 SEP 2025 THROUGH 23 SEP 2026

LINE ITEM NO. (LIN) 0005: The Contractor shall provide support for the Libraries and the associated Software in accordance with (IAW) the Statement of Work (SoW).

QTY: 12 MONTHS OR 4 QUARTERS (TO BE EXPRESSED AS A FIRM FIXED

PRICE)

LINE ITEM NO. (LIN) 0006: Approved Travel Expenses associated with LIN 0005 (to be reimbursed IAW the Federal Travel Regulation as prescribed by the General Services Admin.).

QTY: 1 LOT (TO BE EXPRESSED AS A NOT TO EXCEED VALUE)

OPTION YEAR 3: 24 SEP 2026 THROUGH 23 SEP 2027

LINE ITEM NO. (LIN) 0007: The Contractor shall provide support for the Libraries and the associated Software in accordance with (IAW) the Statement of Work (SoW).

QTY: 12 MONTHS OR 4 QUARTERS (TO BE EXPRESSED AS A FIRM FIXED

PRICE)

LINE ITEM NO. (LIN) 0008: Approved Travel Expenses associated with LIN 0007 (to be reimbursed IAW the Federal Travel Regulation as prescribed by the General Services Admin.).

QTY: 1 LOT (TO BE EXPRESSED AS A NOT TO EXCEED VALUE)

OPTION YEAR 4: 24 SEP 2027 THROUGH 23 SEP 2028

LINE ITEM NO. (LIN) 0009: The Contractor shall provide support for the Libraries and the associated Software in accordance with (IAW) the Statement of Work (SoW).

QTY: 12 MONTHS OR 4 QUARTERS (TO BE EXPRESSED AS A FIRM FIXED

PRICE)

LINE ITEM NO. (LIN) 0010: Approved Travel Expenses associated with LIN 0009 (to be reimbursed IAW the Federal Travel Regulation as prescribed by the General Services Admin.).

QTY: 1 LOT (TO BE EXPRESSED AS A NOT TO EXCEED VALUE)

LINS 0001, 0003, 0005, 0007 AND 0009 TO BE INVOICED MONTHLY OR

QUARTERLY IN ARREARS – NO ADVANCE PAYMENT AUTHORIZED

LINS 0002, 0004, 0006, 0008 AND 0010 TO BE INVOICED AFTER A TRAVEL

EVENT HAS CONCLUDED AND SHALL BE BASED ON ACTUAL EXPENSES

INCURRED

***This is an Open-Market Combined Synopsis/Solicitation for technical support services as defined in LINs 0001-0010 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 quoter 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 quoter 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:

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

Quoters 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 Multiple Award Schedule (MAS) program or another Government-Wide Area Contract (GWAC). If a quoter submits a quotation based upon a MAS or GWAC, 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 quoter’s MAS or GWAC, and the statement required above shall be included in the quotation.

ADDENDUM TO FAR 52.212-1

QUOTATION PREPARATION INSTRUCTIONS

All quoters shall submit the following:

Technical Quotation (Vol. I) and a 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 quoter, 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 resume(s)).

QUOTATION CONTENT:

The quotation shall consist of two separate electronic files: (a) Technical Quotation; and (b) Price Quotation. The contents of each shall be as follows:

A. Volume I Technical Quotation: No pricing information shall be included in the technical quotation.

NIST will evaluate quotations, based on the information submitted in support of the following sub-factors:

Technical Sub-Factor 1 Technical Approach

The quoter shall provide sufficient information to demonstrate its understanding of the requirements and the complexities attributed to developing and maintaining the NIST Mass Spectral Libraries and the Associated Software. Sufficient information may include, but not be limited to, topical presentation examples, URLs to topical on-line publications, citations for peer-reviewed articles/publications and/or documentation in mass spectrometry and the NIST mass spectral libraries and associated software. The quoter shall provide a concise, detailed, and thorough discussion of its technical approach and planned methodology(s) to effectively meet and comply with the tasks and deliverables outlined in the SoW

Merely repeating the requirements and stating each will be accomplished, without discussing how the quoter will accomplish each, is not acceptable.

Technical Sub-Factor 2 Organizational Experience

The quoter shall demonstrate the extent to which it has recently performed services similar to those defined as Tasks 1-4 in the SoW in establishing the technical basis to conduct activities aimed at serving the needs of the broad community of users of the NIST Mass Spectral Libraries and the associated Software. Examples submitted shall include a general background description of the work performed.

Technical Sub-Factor 3 Key Personnel Qualifications

The quoter shall identify the proposed key personnel responsible for performing tasks 1-4 as shown in the SoW and submit a resume for each. In consideration of the minimum qualifications shown in Section IX of the SoW, each submitted resume shall include information detailing education, professional credentials, experience and a list of online and/or peer reviewed publications examples.

Technical Sub-Factor 4 Past Performance

The quoter shall describe at least one (1) but no more than three (3) past projects with federal, state or local governments and/or commercial customers that were similar in scope, size, and complexity to the work defined in the SoW. All projects must have been completed or substantially completed within the past three (3) yrs. of the solicitation closing date.

The description of each contract/order shall not exceed one-half (1/2) page in length. For each contract/order, the quoter shall provide the following information:

• Contract number

• Client’s name and address and point of contact, including telephone number and e-mail address

• Dollar value

• Period of performance

• Narrative describing the requirement and its relevance to the current requirement

• Name of contracting officer or point of contact, telephone number and e-mail address

If the quoter intends to subcontract with another firm for part of this requirement, that firm’s past performance information shall also be provided.

If the quoter 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 quoter in its quotation.

Copies of industry awards, certificates, and letters of commendation pertaining to past projects can be submitted and will not count against the page limitation. Only awards, certificates and letters that correspond with submitted prior projects will be considered.

B. Volume II Price Quotation

The quoter shall submit one itemized price quotation that is structured based on the line item nos. shown in this solicitation. The price quotation shall be separate from the technical quotation. The quoter shall propose firm fixed prices for Line Items 0001, 0003, 0005, 0007 and 0009. The quoter shall propose a not-to-exceed (NTE) ceiling for Line Items 0002, 0004, 0006, 0008 and 0010.

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

The Volume II Price Quotation shall include:

>The quoters Unique Entity Identifier (UEI)

>Completed FAR Provisions 52.204-17, 52.204-20, 52.204-26, 52.209-2, 52.209-11, 52.222-22, 52.222-25, and 52.223-22

>Price - firm, fixed-price for the required technical services as defined in the SoW and a not-to-exceed (NTE) ceiling for the travel opportunity expressed in the SoW; the following tables may be used for labor and travel calculation purposes. Alternatively, the quoter may use its standard commercial quote form. If the quoter chooses to use its standard commercial quote form, the http://www.sam.gov/ quote must be itemized to illustrate the method by which the total price per task was derived and the method by which the travel ceiling was derived

BASE PERIOD

PROPOSED LABOR CATEGORY AND LEVEL OF EFFORT

Task 1

Labor Category No. of Hours Hourly Rate $ Amount $

Task 2

Task 3

Task 4

Base Period Task 1-4 Aggregate Price:

$__________ per month (invoiced in arrears), or

$__________ per quarter (invoiced in arrears)

Travel to Conference

Airfare M&IE Ground

Transp.

Lodging Misc.

(Specify)

TOTAL: $

Or:

Travel to NIST

Airfare M&IE Ground Transp.

Lodging Misc.

(Specify)

OPTION YEAR 1

Option Year 1 Task 1-4 Aggregate Price:

$__________ per quarter (invoiced in arrears)

Travel to Conference

Airfare M&IE Ground

Transp.

Lodging Misc.

(Specify)

Transp.

Lodging Misc.

(Specify)

OPTION YEAR 2

Option Year 2 Task 1-4 Aggregate Price:

$__________ per quarter (invoiced in arrears)

Travel to Conference

Airfare M&IE Ground

Transp.

Lodging Misc.

(Specify)

Travel to NIST

Airfare M&IE Ground

Transp.

Lodging Misc.

(Specify)

OPTION YEAR 3

Option Year 3 Task 1-4 Aggregate Price:

$__________ per quarter (invoiced in arrears)

Travel to Conference

Transp.

Lodging Misc.

(Specify)

Airfare M&IE Ground

Transp.

Lodging Misc.

(Specify)

OPTION YEAR 4

Option Year 4 Task 1-4 Aggregate Price:

$__________ per quarter (invoiced in arrears)

Travel to Conference

Transp.

Lodging Misc.

(Specify)

Airfare M&IE Ground

Transp.

Lodging Misc.

(Specify)

The quoter is encouraged to discount its rates. If price discounts are offered, identify the percentage of price discount and/or price reduction offered.

The Government anticipates that the resultant purchase order will be awarded based upon adequate price competition. However, in order to determine that prices are fair and reasonable, the Government reserves the right to request the quoter provide further cost breakdown to support quoted prices.

ADDENDUM TO FAR 52.212-2

EVALUATION AND BASIS FOR AWARD

The Government will award a firm fixed-price purchase order resulting from this solicitation that will include the terms and conditions that are set forth herein to the responsible quoter whose quotation is the most highly rated, and conforming to the solicitation, results in the best value to the Government, non-price and price factors considered. NIST reserves the right to make award to other than the lowest-priced quoter or to the quoter ranked highest technically, if it determines that to do so would result in the best value to the Government.

The Government intends to make a single award and reserves the right to make no award as a result of this solicitation.

The Government intends to evaluate quotations and award a purchase order without discussions with quoters. Therefore, the quoter's initial quotation should contain the quoter's 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 may reject any and or all quotations if such action is in the public interest; accept other than the lowest price quotation; and waive informalities and minor irregularities in quotations received.

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

Quotations received will first be evaluated from a technical standpoint without regard to quoted costs. Quotations that do not demonstrate the quoter is compliant with all requirements defined in the SoW will not be considered further for award.

Once the Government determines the Contractor that is best-suited (i.e., the apparent successful Contractor), the Government reserves the right to communicate with only that Contractor to address any remaining issues, if necessary, and finalize a purchase order with that Contractor. These issues may include technical and price.

The Government will not perform price realism.

Non-price technical sub-factors are listed in descending order of importance.

Technical sub-factors 1-2 are the most important and are slightly more important than technical sub-factors 3-4 – which are approximately equal in importance.

Non-price technical sub-factors 1-4, when combined, are approximately equal in importance to evaluated price.

EVALUATION CRITERIA

Technical

Technical Sub-Factor 1 Technical Approach

The Government will evaluate the quoter's technical approach based on the information contained in the technical quotation to determine the extent of its understanding of the requirements and the complexities attributed to developing and maintaining the NIST Mass Spectral Libraries and the associated Software, including the soundness of the quoter's proposed methodology(s) to effectively meet and comply with the tasks and deliverables outlined in the SoW.

Organizational Experience, Key Personnel Qualifications, Past Performance, and Price will not be evaluated on quotations deemed technically unacceptable under the technical approach evaluation factor and will not be considered further for award.

Technical Sub-Factor 2 Organizational Experience

The Government will evaluate the quoter’s organizational experience examples submitted to determine the extent to which the quoter’s general background and experience demonstrate its ability to conduct activities aimed at serving the needs of the broad community of users of the NIST Mass Spectral Libraries and the associated Software.

Technical Sub-Factor 3 Key Personnel Qualifications

The Government will evaluate the extent to which the background, education, experience, professional credentials, and online and/or peer reviewed publications examples presented in the quoter’s submitted resume(s) comply with Section IX of the SoW.

Technical Sub-Factor 4 Past Performance

The Government will evaluate the quoter’s past performance information to determine its relevance to the current requirement and the extent to which it demonstrates that the quoter has successfully completed relevant contracts in the past three (3) years. In assessing the quoter’s past performance, NIST may evaluate the quality, timeliness, and ability to control cost and schedule of past work. Quoters with no relevant past performance will not be rated favorably or unfavorably. NIST reserves the right to assess the past performance of proposed subcontractors. NIST will use its discretion to determine the sources of past performance information used in the evaluation. Information may be obtained from references provided by the quoter, the agency’s knowledge of contractor performance, other Government agencies or commercial entities, or past performance databases.

If a quoter does not have a history of relevant contract experience, or if past performance information is not available, the quoter will receive a neutral past performance rating.

PRICE:

A quoter’s price quotation will be evaluated only if the quoter’s technical quotation was considered fully technically acceptable.

The Government will evaluate the quoter's proposed price per task for the base and option periods and the projected travel-related expenses for the base and option periods to determine whether the proposed prices and expenses are realistic, complete, and reasonable in relation to the solicitation requirements.

The Government may determine a quotation is unacceptable if the option year pricing is significantly unbalanced. Evaluation of option year pricing does not obligate the Government to exercise the options.

***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:

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (SEP 2007) 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representtion (JAN 2017) 52.204-7 System for Award Management (OCT 2018) 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020) 52.204-17 Ownership or Control of Offeror (AUG 2020)

OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020)

(a) Definitions. As used in this provision–

Commercial and Government Entity (CAGE) code means–

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control http://acquisition.gov/far/index.html an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

(b) The Offeror represents that it □ has or □ does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates "has" in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code: ____________________

Immediate owner legal name: ______________________

(Do not use a "doing business as" name)

Is the immediate owner owned or controlled by another entity?: □ Yes or □ No.

(d) If the Offeror indicates "yes" in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code: ___________________

Highest-level owner legal name: ___________________

(Do not use a "doing business as" name)

(End of provision)

52.204-20 Predecessor of Offeror (AUG 2020)

PREDECESSOR OF OFFEROR (AUG 2020)

(a) Definitions. As used in this provision–

Commercial and Government Entity (CAGE) code means–

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it □ is or □ is not a successor to a predecessor that held a Federal contract or grant within the last three years.

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

Predecessor CAGE code: (or mark "Unknown").

Predecessor legal name: .

(Do not use a "doing business as" name).

(End of provision)

52.204-22 Alternative Line Item Proposal (JAN 2017)

52.204-26 Covered Telecommunications Equipment or Services-Representation

(OCT 2020)

COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION

(OCT 2020)

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

(b) 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".

(c)

(1) Representation. The Offeror 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.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it □ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

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

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 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.sam.gov/ 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.

(End of provision)

52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (MAR 2023)

52.212-2 Evaluation—Commercial Products and Commercial Services (NOV 2021)

52.212-3 Offerors Representations and Certifications- Commercial Products and Commercial Services (DEC 2022)

In accordance with FAR 52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services, quoters must complete annual representations and certifications on-line at www.SAM.gov 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 offeror 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)

52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals

– Representation (DEC 2016)

PUBLIC DISCLOSURE OF GREENHOUSE GAS EMISSIONS AND REDUCTION GOALS-

REPRESENTATION (DEC 2016)

(a) This representation shall be completed if the Offeror received $7.5 million or more in Federal contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal fiscal year.

(b) Representation. [Offeror is to check applicable blocks in paragraphs (1) and (2).]

(1) The Offeror (itself or through its immediate owner or highest-level owner) □ does, □ does not publicly disclose greenhouse gas emissions, i.e., make available on a publicly accessible website the results of a greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard.

(2) The Offeror (itself or through its immediate owner or highest-level owner) □ does, □ does not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly available website a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage.

(3) A publicly accessible website includes the Offeror’s own website or a recognized, third-party greenhouse gas emissions reporting program.

(c) If the Offeror checked "does" in paragraphs (b)(1) or (b)(2) of this provision, respectively, the Offeror shall provide the publicly accessible website(s) where greenhouse gas emissions and/or reduction goals are reported:________________.

(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 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): http://acquisition.gov/far/index.html

The following FAR clauses apply to this acquisition:

52.203-12 Limitation on Payments to Influence Certain Federal Transactions

(JUN 2020)

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (JUN 2020) 52.204-4 Printed or Copied Double Sided on Postconsumer Fiber Content Paper

(MAR 2011)

52.204-13 System for Award Management Maintenance (OCT 2018) http://acquisition.gov/far/index.html

52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.204-19 Incorporation by Reference of Representations and Certifications

(DEC 2014)

52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (DEC 2022)

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.

52.223-6 Drug-Free Workplace (MAY 2001) 52.227-14 Rights in Data – General (MAY 2014) 52.232-8 Discounts for Prompt Payment (FEB 2002) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) 52.242-13 Bankruptcy (JUL 1995) 52.245-1 Government Property (SEP 2021)

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 2023) — Commercial Products and Commercial Services including subparagraphs:

52.203-6 Restrictions on Subcontractor Sales to the Government (JUN 2020) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) 52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023) 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021) 52.219-6 Notice of Total Small Business Aside (NOV 2020) 52.219-13 Notice of Set-Aside Orders (MAR 2020) 52.219-28 Post Award Small Business Program Rerepresentation (MAR 2023) 52.222-3 Convict Labor (JUN 2003) 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 (NOV 2021) 52.223-18 Contractor Policy to Ban Text Messaging While Driving (JUN 2020) 52.225-13 Restriction on Certain Foreign Purchases (FEB 2021) 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&r gn=div5

PROVISIONS:

1352.215-72 Inquiries (Apr 2010) http://acquisition.gov/far/index.html http://www.ecfr.gov/cgi-bin/text-idx?SID=6b3121d28d772a0296241b81d731dbf1&mc=true&node=pt48.5.1352&rgn=div5 http://www.ecfr.gov/cgi-bin/text-idx?SID=6b3121d28d772a0296241b81d731dbf1&mc=true&node=pt48.5.1352&rgn=div5 http://www.ecfr.gov/cgi-bin/text-idx?SID=6b3121d28d772a0296241b81d731dbf1&mc=true&node=pt48.5.1352&rgn=div5

Offerors must submit all questions concerning this solicitation in writing to randy.schroyer@nist.gov within five (5) calendar days of the posting. 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: Andrea Parekh, 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

The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains mailto:randy.schroyer@nist.gov solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

1352.201-72 Contracting Officer’s Representative (COR) (APR 2010)

(a) TBD is hereby designated as the Contracting Officer’s Representative

(COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at:

NIST

100 Bureau Drive

Gaithersburg MD 20899

Phone Number: TBD

Email: TBD

(b) The responsibilities and limitations of the COR are as follows:

(1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.

(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer.

The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor.

(End of clause)

1352.209-73 Compliance with the Laws

The contractor shall comply with all applicable laws, rules and regulations which deal with or relate to performance in accord with the terms of the contract.

1352.209-74 Organizational Conflict of Interest

(a) Purpose. The purpose of this clause is to ensure that the contractor and its subcontractors:

(1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work under this contract, and

(2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract.

(b) Scope. The restrictions described herein shall apply to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest (hereinafter collectively referred to as “contractor”) in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venture, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both.

(c) Warrant and Disclosure. The warrant and disclosure requirements of this paragraph apply with full force to both the contractor and all subcontractors.

The contractor warrants that, to the best of the contractor's knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the contractor has disclosed all relevant information regarding any actual or potential conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor's impartiality because of the appearance or existence of bias or an unfair competitive advantage. Such disclosure shall include a description of the actions the contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest.

(d) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the contract for default, suspend or debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract.

(e) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and (g), in any subcontract or consultant agreement at any tier expected to exceed the simplified acquisition threshold.

The terms “contract,” “contractor,” and “Contracting Officer” shall be appropriately modified to preserve the Government's rights.

(f) Prime Contractor Responsibilities. The contractor shall obtain from its subcontractors or consultants the disclosure required in FAR Part 9.507-1 and shall determine in writing whether the interests disclosed present an actual, or significant potential for, an organizational conflict of interest. The contractor shall identify and avoid, neutralize, or mitigate any subcontractor organizational conflict prior to award of the contract to the satisfaction of the Contracting Officer. If the subcontractor's organizational conflict cannot be avoided, neutralized, or mitigated, the contractor must obtain the written approval of the Contracting Officer prior to entering into the subcontract. If the contractor becomes aware of a subcontractor's potential or actual organizational conflict of interest after contract award, the contractor agrees that the Contractor may be required to eliminate the subcontractor from its team, at the contractor's own risk.

(g) Waiver. The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the contractor may at any time seek a waiver from the Head of the Contracting Activity by submitting such waiver request to the Contracting Officer, including a full written description of the requested waiver and the reasons in support thereof.

1352.216-77 Ceiling Price (APR 2010)

The ceiling price of this contract is $TBD (for travel-related line items).

The contractor shall not make expenditures nor incur obligations in the performance of this contract which exceed the ceiling price specified herein, except at the contractor’s own risk.

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

1352.237-75 Key Personnel (APR 2010)

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

(Name) (Position Title: Principal Investigator)

(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 changes.

1352.246-70 Place of Acceptance (APR 2010)

(a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract.

(b) The place of acceptance will be: NIST, 100 Bureau Dr., Gaithersburg, MD 20899

1352.270-70 Period of Performance

(a) The base period of performance of this contract is from 24 Sep 2023 through 23 Sep 2024. 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 Yr. 1 24 Sep 2024 23 Sep 2025

Option Yr. 2 24 Sep 2025 23 Sep 2026

Option Yr. 3 24 Sep 2026 23 Sep 2027

Option Yr. 4 24 Sep 2027 23 Sep 2028

(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

All contractors performing work on active contracts at the U.S. Department of Commerce (DOC), National Institute of Standards and Technology (NIST) campus and/or working in NIST workspaces should go to the www.nist.gov website and under the “About NIST” tab click on “Visit”. This site includes information about campus access and security information; identification requirements; parking information and more.

Contractor personnel are required to check the appropriate campus operating status and personnel requirements at https://www.nist.gov/campus-status daily prior to arriving on site. All personnel must adhere to the requirements set forth in the operating status.

Unless otherwise stated in the contract terms and conditions, normal days of business operation are Monday through Friday, excluding…