Combined_Synopsis_and_Solicitation.docx

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.

This solicitation is a request for quotation. The solicitation document incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-88.

The associated North American Industrial Classification System (NAICS) code for this procurement is 334516 with a small business size of 1,000 employees.

This procurement is being competed using full and open competition.

1352.215-72 INQUIRIES (APR 2010)

Offerors must submit all questions concerning this solicitation in writing to Ching.Hung@nist.gov. Questions should be received no later than 5 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. The backup point of contact is Cory Worley at Cory.Worley@nist.gov.

(End of Provision)

BACKGROUND

The National Institute of Standards and Technology (NIST)/Center for Nanoscale Science and Technology (CNST) enables science and industry by providing essential measurement methods, instrumentation, and standards to support all phases of nanotechnology development, from discovery to production.

The Energy Research Group within the CNST plans to conduct several sensitive ultrafast pump-probe microscopy and spectroscopy measurements that require the use of an inverted fluorescence microscope system. Ultrafast time resolved optical spectroscopic measurements include numerous measurement techniques to study time-resolved dynamics in various optical, optoelectronic and optomechanical materials and systems. The technique typically relies on measuring the response of a material system (in time-domain) upon optical or electrical excitation. For example: in semiconductor systems - these responses typically arise due to electron (hole) transfer, relaxation or recombination processes; and facilitate fundamental understanding of charge transfer to allow development of optical devices with faster speeds or solar cells with higher efficiencies. Measurements include lifetime of various excited states, optical pump-optical probe, photon correlation measurements among others. Hence in addition to the standard functionalities of the microscope, it is critical for our needs that:

(a) The microscope allows excitation of sample using pre-existing short-pulse (<10 fsec) laser sources from the epi-illumination path.

(b) The optics in the excitation path does not add any significant dispersion to the pulses before they reach the objective. If this is not the case, then the microscope should allow the ability to mount custom dispersion compensated optics in one of the tiers using a breadboard or an equivalent solution.

The microscope will be used for inspection and imaging of nanophotonic devices and energy materials as research group to perform fluorescence microscopy, optical and optomechanical characterization and spectroscopy with state-of-the-art experimental design and control, optical sensitivity, and thermal and mechanical stability. The acquisition will also support research in the CNST user facility and will be used as a shared resource accessible to researchers from industry, academia, NIST, and other government agencies through collaboration.

The primary functional requirement for the microscope is the ability to couple ultrashort optical pulses from existing femtosecond lasers (<10 fsec) in the lab to the sample using CNST dispersion compensated optics (to include mirrors, waveplates and/or beam-splitters) using epi-illumination (reflected light path). The reason for this requirement is that the CNST is extremely sensitive to any added dispersion in the beam path which is introduced by optical components that most microscope manufacturers make. The optics (mirrors, waveplates and beam-splitters) in the imaging tier is required to add no additional dispersion to the pulse before it reaches the microscope objective, and must be reconfigurable with custom optics without significant disassembly of the microscope. A switchable breadboard or something of equivalent capabilities in one of the imaging tiers is required to provide CNST with the ability to mount custom optics to route femtosecond optical pulses to the sample.

PURPOSE AND OBJECTIVES OF THE PROCUREMENT

The overall objective of this acquisition is to acquire one (1) inverted fluorescence microscope system to be used at CNST to conduct several sensitive ultrafast pump-probe microscopy and spectroscopy measurements.

The Contractor shall provide a Firm Fixed Price quotation for the following:

REQUIREMENTS:

Line Item 0001: Quantity of one (1) inverted fluorescence microscope system meeting or exceeding the following minimum requirements: (Used or refurbished equipment will not be considered for award, all equipment must be new):

1.0 Inverted Stand and Integrated Components

An inverted microscope stand with integrated components is required to provide an appropriate interface between the microscope and the sample, as well as the requisite degree of control over automated experiments.

a) The stand shall support multiple imaging tiers along the principle optical axis to allow multiple laser-source coupling and collection between the different tiers.

b) The stand shall feature infinity-corrected optics.

c) The stand shall motorize the beam path selector, reflected and transmitted light shutters, fluorescence reflector turret, objectives and focal position.

d) All motorized functions of the chassis shall be fully integrated with microscope control and data acquisition software to enable the design and control of experimental automation.

e) The stand shall support the motorized stage and optical hardware as described below.

f) The stand shall include a port for the camera specified below, as well as another identical port for the future addition of another optical detector or spectrometers.

g) The stand shall support a bottom port along the principle optical axis of the microscope for coupling laser illumination into the microscope and/or directing the light collected by the objective to come out through this port.

1.1 Imaging and illumination tiers

The microscope must have no fewer than two (2) tiers of illumination for imaging/spectroscopy in reflection using broadband and laser light. Including:

a) A motorized filter turret in at least one of the tiers with a minimum of six positions.

b) A minimum of two positions in the second tier for coupling additional laser lines/broadband illumination source with a movable beam-splitter/dichroic mirror in the “infinity” space.

c) A motorized imaging-tier module that would allow re-directing the captured light to either a left or a right side port (or both) for coupling to a camera and/or a spectrometer.

d) The second imaging tier must also allow coupling of preexisting broadband femtosecond laser pulses (< 10 fsec) using custom dispersion compensated optics to the sample. The tier must be reconfigurable with custom optics without significant disassembly of the microscope. Possible solutions include: a reconfigurable breadboard in one of the imaging tiers to mount custom dispersion compensated optics to direct the laser pulses to the sample. Other equivalent solutions that would allow the Government to achieve the desired functionalities will be considered.

1.2 Stage and Inserts

A motorized stage is required to precisely control the position of the sample to be imaged with the microscope.

a) The stage shall hold the sample at a specified position with a resolution of ≤ 0.1 μm, a repeatability of ≤ 1 μm, an orthogonality between the stage x-axis and y-axis of ≤ 10 arcsec, and a range of ≥ 100 mm (x-axis) by ≥ 75 mm (y-axis) or larger.

b) The stage shall include x-y-z piezo stage insert with >300 μm of travel along each axis with <1.0nm resolution in each axis. The piezo stage must be completely compatible to be mounted with the scanning stage and controlled via the integrated software.

c) The stage shall have appropriate inserts to support samples with a diameter of ≥ 10 mm facing down towards the objective.

d) The stage shall be fully integrated with microscope control and data acquisition software in order to precisely control and monitor the lateral position and motion of the stage.

e) The stage position shall also be controlled with an independent hardware controller.

1.3 Scientific CCD Cameras

One state-of-the-art color scientific charge coupled device (CCD) camera is required to record images and videos of samples, alignment of sample when the laser is on and direct imaging of nanophotonic color-filter devices.

a) The camera shall have minimum array of ≥ 2650 pixels × 2200 pixels (6 megapixel) with a pixel size of ≤ 4.54 µm × 4.54 μm.

b) The camera must exhibit a dark current rate of less than 0.0002 e/p/s at -20°C.

c) All essential camera functions including exposure time, frame rate, and binning shall be fully interfaced with the microscope system control and data acquisition software to enable the design of automated experiments.

1.4 Illumination Sources

Two (2) illumination sources are required for different microscopy applications:

a) A transmitted light halogen lamp shall be provided for inspecting, illuminating and imaging samples in conjunction with a condenser and associated hardware.

b) A reflected light halogen lamp shall be provided for inspecting, illuminating, and imaging samples in conjunction the associated hardware.

c) The microscope must include high-speed automated shutters in the both the transmitted and the reflected light paths.

d) The microscope must include long-working distance condenser for the transmitted light illumination.

1.5 Objective Lenses

Various objective lenses are required for illumination, imaging (bright field and transmission dark-field) or collection of light from the various optical samples to be used in the experiments.

The following technical specifications should be met or exceeded:

a) The microscope objectives shall be compatible with Software interface that will be used to control and calibrate the inverted microscope and its components.

b) The microscope objectives shall have working distances greater than or equal to: 15mm for 5x, 10.0mm for 10x, 9.0mm for 20x, 8.0mm for 50x and 3.0mm for 100x.

c) The microscope objectives shall support bright field, transmitted dark-field, and circularly polarized differential interference contrast (C-DIC) imaging modes.

1.6 System Control and Data Acquisition

A high level of integration of the microscope system is required. A microscope control computer with data acquisition software shall be provided to integrate the microscope system for the implementation of controlled and automated experiments.

a) The software shall control the configuration of motorized components integrated into the microscope stand (beam path selector, reflected and transmitted light shutters, fluorescence reflector turret, and focal position). The system shall display the configuration of these components through the software interface and control computer, as well as through a dedicated hardware display.

b) The software shall control the lateral position and motion of the microscope scanning as well as piezo stage.

c) The software shall control all optical parameters of the camera relevant to data acquisition such as exposure time and pixel binning.

d) The software shall control all aspects of data acquisition including recording images and videos.

e) The software shall enable the design of automated experiments in which all of the above parameters can be controlled.

1.7 System Design, Assembly, and Service:

The microscope system, including all hardware and microscope control and data acquisition software, shall be installed, assembled, and serviced on-site at NIST by technicians who are trained and authorized by the microscope manufacturer.

Express Warranty

The Contractor shall warrant the entire system for a period of at least one year. The warranty must include unlimited telephone/e-mail support for questions regarding operation. All costs including parts, labor, travel, and other expenses necessary to repair the system will be borne solely by the Contractor at no additional cost to the U.S. Government.

Delivery Delivery shall be FOB DESTINATION (Gaithersburg, MD) and shall be delivered and installed on-site at NIST no later than 12 weeks after receipt of order.

FOB Destination means: The contractor shall pack and mark the shipment in conformance with carrier requirements, deliver the shipment in good order and condition to the point of delivery specified in the purchase order, be responsible for any loss of and/or damage to the goods occurring before receipt and acceptance of the shipment by the consignee at the delivery point specified in the purchase order; and pay all charges to the specified point of delivery.

The Contractor shall deliver all Line Items to:

The National Institute of Standards and Technology 100 Bureau Drive, Building 301 Shipping and Receiving Gaithersburg, MD 20899-1640

Inspection and Acceptance:

Inspection and acceptance will be in accordance with FAR 52.212-4(a). Inspection will occur at NIST in Gaithersburg, MD. Equipment must be fully compliant to all minimum required specifications upon receipt before payment shall be authorized.

The Government anticipates inspection and acceptance to be completed within 7 days from receipt of the delivered instruments.

Due Date for Quotations

Offerors shall submit their quotations so that NIST receives them not later than 12:00 p.m. Eastern Time on July 14, 2016. FAX quotations shall not be accepted. E-mail quotations shall be accepted at Ching.hung@nist.gov . Offeror’s quotations shall not be deemed received by the Government until the quotation is entered into the e-mail address inbox set forth above.

Quotations may also be sent to the National Institute of Standards and Technology, Acquisition Management Division, Attn: Ching Hung, 100 Bureau Drive, Stop 1640, Gaithersburg, MD 20899-1640. All Offerors should ensure the RFQ number is visible on the outermost packaging.

Because of heightened security, electronic delivery methods are the preferred method of delivery of quotes. If quotes are hand delivered, delivery shall be made on the actual due date through Gate A, and a 48 hour (excluding weekends and holidays) prior notice shall be provided to Ching Hung, Contract Specialist at 301-975-3635.

Addendum to FAR 52.212-1, Quotation Preparation Instructions

1). Price Quotation:

The offeror shall submit an original and one copy of the price quotation. If the quotation is submitted electronically, additional copies are not required. The pricing quotation shall be separate from any other portion of the quotation. The offeror shall propose a firm-fixed-price quotation for each CLIN. Price quotations shall remain valid for a period of 90 days from the date quotations are due.

2). Technical Quotation:

The offeror shall submit an original and one copy of the technical quotation. If the quotation is submitted electronically, additional copies are not required. The technical quotation shall address the following:

Technical Capability:

The offeror shall submit a technical description or product literature for the system it is proposing, which clearly identifies each requirement listed above. The offeror must demonstrate that its proposed system meets or exceeds each minimum requirement described above by providing a citation to the relevant section of its technical description or product literature. The contractor must not simply state they will meet the requirement, evidence must be provided. If applicable, evidence that the Offeror is authorized by the original provider to provide the item(s) in the quotation should be included.

4). 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.

Evaluation Factors

Award shall be made to the offeror whose quotation is determined technically acceptable and is lowest in price. The Government will evaluate quotations based on the following evaluation criteria: 1) Technical Capability and 2) Price.

1. Technical Capability: No prototypes, demonstration models, used or refurbished instruments will be considered. Evaluation of technical capability shall be based on the information provided in the quotation. NIST will evaluate whether the offeror has demonstrated that its proposed equipment meets or exceeds all minimum requirements. Quotations that do not demonstrate the proposed equipment meets all requirements will not be considered further for award. If an offerors technical description and/or product literature does not indicate whether its proposed equipment meets a certain minimum requirement, NIST will determine that it does not meet the requirements.

2. Price: The Government will evaluate price for reasonableness.

PROVISIONS AND CLAUSES

The following provisions and clauses apply to this acquisition and are hereby incorporated by reference.

All Federal Acquisition Regulation (FAR) clauses may be viewed at http://acquisition.gov/far/index.html.

All Commerce Acquisition Regulation (CAR) clauses may be viewed at http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl

Provisions Offerors shall complete annual representations and certifications on-line at www.sam.gov in accordance with FAR 52.212-3 Offerors Representations and Certifications- Commercial Items. If paragraph (j) of the provision is applicable, a written submission is required.

FAR 52.252-1 – Solicitation Provisions Incorporated by Reference

FAR 52.204-7 – System for Award Management

FAR 52.212-1 – Instructions to Offerors-Commercial Items

FAR 52.204-16 – Commercial & Government Entity Code Reporting

FAR 52.204-17 – Ownership or Control of Offeror

FAR 52.204-18 – Commercial & Government Entity Code Maintenance

FAR 52.225-4 – Buy American Free Trade Agreement Israeli Trade Act Certificate Alt. III (May 2014)

(a) The offeror certifies that each end product, except those listed in paragraph (b) or (c) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act.”

(b) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

[List as necessary]

(c) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (b) of this provision) as defined in the clause of this solicitation entitled “Buy American--Free Trade Agreement--Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

[List as necessary]

(d) The Government will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation.

(End of provision)

FAR 52.225-18 Place of Manufacture (Mar 2015)

(a) Definitions. As used in this clause— “Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

(b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—

(1) [ ] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) [ ] Outside the United States.

CAR 1352.233-70 Agency Protest (APR 2010)

(a) An agency protest may be filed with either (1) the Contracting Officer, or (2) at a level above the Contracting Officer, with the agency Protest Decision Authority. See 64 Fed. Reg. 16,651 (April 6, 1999).

(b) Agency protests filed with the Contracting Officer shall be sent to the following address:

NIST/ACQUISITION MANAGEMENT DIVISION

ATTN: CORY WORLEY, CONTRACTING OFFICER

100 Bureau Drive, MS 1640 Gaithersburg, MD 20899

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

ATTN: HEAD OF THE CONTRACTING OFFICE (HCO)

100 Bureau Drive, MS 1640 Gaithersburg, MD 20899

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

(e) Service upon the Contract law Division shall be made as follows:

U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W.

Washington, D.C. 20230

FAX: (202) 482-5858

CAR 1352.233-71 GAO and Court of Federal Claims Protest (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

52.203-98, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements—Representation (DEVIATION 2015-02)

Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements—Representation (FEB 2015)

(a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(End of provision)

52.209-11 – Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)

(1) In accordance with Sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by the Consolidated and Further Continuing Appropriations Act, 2015 funding may be used to enter into a contract with any corporation that-

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

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

(2) The Offeror represents that, as of the date of this offer –

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

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

(End of provision)

Clauses:

FAR 52.212-4 Contract Terms and Conditions—Commercial Items (May 2015)

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (Jan 2016)

The following additional FAR clauses cited in FAR 52.212-5 are applicable to this acquisition

FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) FAR 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) FAR 52.219-28 Post Award Small Business Program Rerepresentation (Jul 2013) FAR 52.222-3 Convict Labor (June 2003) FAR 52.222-19 Child Labor (Jan 2016) FAR 52.222-21 Prohibition of Segregated Facilities (Apr 2015) FAR 52.222-26 Equal Opportunity (Apr 2015) FAR 52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014) FAR 52.222-50 Combating Trafficking in Persons (Mar 2015) FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) FAR 52.225-3 Buy American – Free Trade Agreements – Israeli Trade Act, Alt. II (May 2014) FAR 52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008) FAR 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (Jul 2013)

FAR 52.207-13 System for Award Management Maintenance (Jul 2013)

FAR 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

FAR 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

FAR 52.247-34 F.O.B. Destination (Nov 1991)

CAR 1352.246-70 Place of Acceptance (Apr 2010)

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

(b) The place of acceptance will be:

Inspection and acceptance will be performed at:

The National Institute of Standards and Technology 100 Bureau Drive, Building 301 Shipping and Receiving Gaithersburg, MD 20899-1640

(End Clause) CAR 1352.201-70 Contracting Officer’s Authority (Apr 2010) CAR 1352.209-73 Compliance with the Laws (Apr 2010) CAR 1352.231-71 Duplication of Effort (Apr 2010)

NIST LOCAL_04 BILLING INSTRUCTIONS

(1) The Contractor shall submit an original invoice or voucher in accordance with the payments provisions of this contract to:

NIST

Accounts Payable Office 100 Bureau Drive, Mail Stop 1621 Gaithersburg, MD 20899-1621 FAX Number: 301-975-8283 Email: invoice@nist.gov

(2) Each invoice or voucher submitted shall include the following:

1. Contract Number.

2. Contractor Name and Address.

3. Date of Invoice.

4. Invoice Number.

5. Amount of Invoice, and cumulative amount invoiced to-date.

6. Contract Line Item Number (CLIN).

7. Description, quantity, unit of measure, unit price, and extended price of supplies/services delivered.

8. Prompt payment discount terms, if offered.

9. Any other information or documentation required by the contract.

(End Clause)

52.203-99, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (DEVIATION 2015-02)

PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (FEB 2015)

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

2) The Government may seek any available remedies in the event the Contractor fails to comply with the provisions of this clause.

(End of clause)