Sol_Mass_Spec.pdf

COMBINED SYNOPSIS/SOLICITATION NUMBER 645040-19-00394

MASS SPECTRAL LIBRARY

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. Simplified Acquisition Procedures will be utilized in accordance with the Federal Acquisition Regulation (FAR) Part 13.5 Test Program for Certain Commercial Items.

This solicitation is a Request for Quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-01, effective January 22, 2019.

The associated North American Industrial Classification System (NAICS) code for this procurement is 541690 with a small business size standard of $15M. This acquisition is being procured 100% set aside for small business. Federal Acquisition Regulation (FAR) clause 52.219-14, Limitation on Subcontracting, incorporated by reference herein, applies to this procurement.

The National Institute of Standards and Technology (NIST), Material Measurement Laboratory (MML), Biomolecular Measurement Division (BMD) 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. To carry out this responsibility, the BMD has a requirement for a contractor to evaluate electron ionization (EI) mass spectral data. Examples of evaluation methods are set forth in the attached two documents: (1) “The Critical Evaluation of a Comprehensive Mass Spectral Library”, published in the Journal of the American Society for Mass Spectrometry, 1999, volume 10, pages 287-299 and (2) “Mass Spectral Library Quality Assurance by Inter-library Comparison." Journal of The American Society for Mass Spectrometry 2017, volume

28. pages 733-738.

The Government’s requirement is for performance of quality control measures to support the development of the Mass Spectral Library. Quality control means reducing errors in the library and ensuring the library has a publication-quality appearance. Quality control involves evaluating electron ionization (EI) mass spectral data and evaluating the compound identification information that is attached to the mass spectral data.

The period of performance shall be for a base period of one year with four one-year option periods.

The Government may exercise option periods, at its discretion, at any time prior to the expiration of the period of performance of the base period or subsequent option period. Options will be exercised by the issuance of a modification (Standard Form 30).

Responsible quoters shall provide a firm fixed price quotation for all of the following Contract Line Item Numbers (CLINS). All work shall be performed in accordance with the attached statement of work (SOW).

CLIN Description Quantity/Unit of Issue

Unit Price Total Amount

0001-Base Year The Contractor shall perform quality control measures to support the development of the Library in accordance with the statement of work.

1/Year $_____________ $_____________

Option Year 1

The Contractor shall perform quality control measures to support the development of the Library in accordance with the statement of work.

1/Year $_____________ $______________

Option Year 2

The Contractor shall perform quality control measures to support the development of the Library in accordance with the statement of work.

1/Year $_____________ $______________

Option Year 3

The Contractor shall perform quality control measures to support the development of the Library in accordance with the statement of work.

1/Year $_____________ $______________

Option Year 4

The Contractor shall perform quality control measures to support the development of the Library in accordance with the statement of work.

1/Year $_____________ $______________

PAYMENT SCHEDULE

The Government will negotiate a payment schedule with the successful quoter. Partial payments will be authorized, however, the Government will not make equal monthly payments or pay more than 15% “up front.” Payments will be tied to required deliverables, and a larger amount will be held until the submission of final deliverables.

EVALUATION CRITERIA AND BASIS FOR AWARD

The Government will utilize a GO/NO GO evaluation and best value tradeoff evaluation in evaluating quotations.

a. GO/NO GO The evaluation will determine whether or not proposed key personnel possess the minimum requirements described in the statement of work: 1. At least a M.S. degree in Chemistry; and 2. A minimum of 3 years of experience in the evaluation of Electron Ionization (EI) mass spectra for inclusion in a reference library.

b. BEST VALUE TRADE-OFF

The Government will award a purchase order, resulting from this solicitation, to the responsible quoter, whose quotation, conforming to the solicitation, results in the best value to the Government, price and other factors considered.

In addition to price, the following factors shall be used to evaluate quotations:

Technical Approach Past Performance

Technical Approach and Past Performance, when combined, shall be approximately equal in importance to price.

Technical Approach The evaluation of the technical approach will determine if the quoter demonstrates an understanding of the requirements and the complexities involved in quality control of mass spectra, evaluation of associated compound information, and creating spectral libraries through the steps listed as well as the software packages and on-line data resources that are proposed to be used.

Past Performance Evaluation of Past Performance shall be based on the references provided and/or the quoter’s recent and relevant procurement history with NIST, its affiliates, and/or other relevant references. Past performance evaluation shall determine the overall quality of the end products and services provided by the Contractor. Quoters with no relevant past performance shall receive a neutral rating.

Price Price shall be evaluated for all quoters whose quotations satisfy the go/no go criteria, and are determined technically acceptable. Price will be evaluated to determine that the total price is consistent with the technical portion of the quotation and is a fair and reasonable overall price to the Government.

NIST intends to evaluate quotes and issue a purchase order based on the initial quotes received. Therefore, the Contractor's initial quote should contain the Contractor's best terms from a price and technical standpoint. The Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary.

REQUIRED SUBMISSIONS

Quoters shall submit a go/no go quotation, a technical quotation, and a price quotation, in accordance with the following instructions.

(1) GO/NO GO QUOTATION

Documentation which clearly and explicitly documents that the quoted key personnel possess the minimum requirements identified in the statement of work. Documentation could include items such as resumes, curriculum vitae (CV), and/or official college transcripts, etc. It is the responsibility of the Contractor to ensure that documentation is clear and specific when addressing the minimum requirements.

If subcontractors or consultants have been quoted, the go/no go quotation must include letters of commitment and/or business agreements which clearly specifies that the subcontractor has agreed to work with the prime contractor for the work for which they are proposed.

The go/no go quotation will be evaluated exclusive of the technical quotation. Quoters shall not have an opportunity to revise their go/no go quotation through discussions. It is the responsibility of each quoter to ensure that the go/no go quotation is complete and addresses all minimum requirements.

(2) TECHNICAL QUOTATION

2.1 For the purpose of evaluation of Technical Approach, the technical quotation, limited to 25 pages, must include a step-by-step plan of technical approach from the point of receiving spectra to evaluate, to returning evaluated spectra, including the steps involved in the evaluation of mass spectral data and the steps involved in evaluating the associated compound identification information.

Any packages and on-line data resources that are proposed to be used must be included in the step-by-step plan. In addition, the technical quotation must also include a discussion about any complexities associated with quality control of mass spectra for creating spectral libraries and how the contractor will address such complexities.

2.2 For the evaluation of Past Performance, quoters must submit information regarding relevant contracts over the past three years with federal, state, or local governments, or commercial customers. If the quoter intends to subcontract with another individual or firm(s) for part of this requirement, that individual or firm’s past performance information shall also be provided. If the quoter has no relevant past performance, it shall 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.

For each contract, the quoter shall provide the following information:

-Contract number;

-Description and relevance to solicitation requirements including dollar value;

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

-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;

-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.

3. For the purpose of evaluation of Price:

The quotation shall include a firm fixed price for the base period and each one year option period, inclusive of all costs necessary to complete the required work. The price quotation must be broken down to include all of the following price elements:

(1) Labor category;

(2) Fully loaded labor rates for each labor category;

(3) Number of hours;

(4) Travel, subsistence and local transportation shall be supported with a breakdown which includes: number of trips anticipated, cost-per-trip-per-person, destination(s) proposed, number of person(s) scheduled for travel, mode of transportation, and mileage allowances if privately-owned vehicles will be used.

(5) Materials: Cost breakdown of materials or equipment must be supported with the methodology used and vendor quotations supplied as applicable. All applied discounts must be clearly documented.

(6) Consultants: If consultants are proposed, state the level of effort, and the consultant's quoted daily or hourly rate. All rates shall be fully loaded.

(7) Subcontracts: If proposed, price information for each subcontractor shall be furnished in the same format and level of detail as prescribed for the prime Contractor.

(8) The Government reserves the right to request copies of subcontractor and/or Consultant agreements entered into between the parties, and/or appropriately redacted copies of invoices submitted by the party(ies) for similar services previously provided to the Contractor.

Labor categories that are covered by the Service Contract Act must be priced in accordance with the wage determination for Gaithersburg, MD. Wage determinations are available at the U.S. Department of Labor’s on-line wage determination website, www.wdol.gov. The price quotation must reference the wage determination and indicate the specific labor categories covered by the Act.

The Government anticipates competition under this solicitation. However, in order to determine the prices are fair and reasonable, the Government reserves the right to request the quoter provide further cost breakdown to support prices.

4. This is an Open-Market Combined Synopsis/Solicitation. The Government intends to award a purchase order resulting from this Combined Synopsis/Solicitation, that will include the terms and conditions that are set forth herein. In order to facilitate the award process, ALL quotes shall include a statement regarding the terms and conditions herein as follows:

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

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

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

Please note that this procurement IS NOT being conducted under the GSA Federal Supply Schedule (FSS) program or another Government-Wide Area Contract (GWAC). If an offeror submits a quotation based upon an FSS or GWAC contract, the Government will accept the quoted price. However, the terms and conditions stated herein http://www.wdol.gov/ 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;

5. Quotations must clearly document compliance with FAR 52.219-14, Limitation on Subcontracting.

6. The Dun and Bradstreet Number (DUNS number) for the quoter’s active System for Award Management (SAM) registration. Quoters must have an active registration at www.SAM.Gov to receive an award;

7. Quoters shall include a completed copy of the attached provision, “Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2015)” with their quotation;

8. The Contractor’s business size in accordance with the NAICS code and size standard identified herein.

9. If subcontractors or consultants have been quoted, the technical quotation must include letters of commitment and/or business agreements which clearly specifies that the subcontractor has agreed to work with the prime contractor for the work for which they are proposed.

DUE DATE FOR QUOTATIONS

All quotations must be submitted, via e-mail, to Rodney Johnson, Contract Specialist at rodney.johnson@nist.gov.

Submission must be received not later than 2:00 p.m. Eastern Time on Wednesday, May 8, 2019. A quotation shall be considered received when it is received in the electronic inbox of Rodney Johnson not later than the date and time identified herein.

All questions regarding this notice must be submitted via e-mail to rodney.johnson@nist.gov by 11:00 a.m. Eastern Time on Monday, May 6, 2019.

ATTACHMENTS:

The following attachments apply to this solicitation:

1. Statement of Work

2. “The Critical Evaluation of a Comprehensive Mass Spectral Library”

3. “Mass Spectral Library Quality Assurance by Inter-Library Comparison”

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): http://www.ecfr.gov/cgi-bin/text-idx?SID=8b5f22b07c12a52e8b29841ad60f1fd9&mc=true&tpl=/ecfrbrowse/Title48/48chapter13.tpl

(End of provision)

PROVISIONS AND CLAUSES

The following FAR provisions apply to this acquisition:

52.204-7, System for Award Management 52.204-16, Commercial and Government Entity Code Reporting 52.204-17 Ownership or Control of Offeror 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations – Representation 52.212-1, Instructions to Offerors—Commercial Items http://www.sam.gov/ http://www.sam.gov/ http://www.acquisition.gov/far/ http://www.ecfr.gov/cgi-bin/text-

52.212-3, Offeror’s Representations and Certifications-Commercial Items, Except Paragraph (s) 52.217-5 Evaluation of Options 52.225-25, Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran-Representation and Certification

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):

(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.

(End of provision)

The following FAR clauses apply to this acquisition:

52.204-4, Printed or Copied Double-Sided on Postconsumer Fiber Content Paper 52.204-9, Personal Identity Verification of Contractor

Predecessor CAGE code: (or mark “Unknown”) Predecessor legal name:

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 52.209-7, Information Regarding Responsibility Matters 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters 52.212-4 Contract Terms and Conditions-Commercial Items 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items.

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(3) (3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108- 78 (19 U.S.C.

3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

_XX_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_XX_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) [Reserved].

(6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

XX (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

(10) [Reserved].

(11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

(ii) Alternate I (Nov 2011) of 52.219-3.

(12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(ii) Alternate I (JAN 2011) of 52.219-4.

(13) [Reserved] XX (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C.

644).

(ii) Alternate I (Nov 2011).

(iii) Alternate II (Nov 2011).

(15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

(ii) Alternate I (Oct 1995) of 52.219-7. (iii) Alternate II (Mar 2004) of 52.219-7.

_XX_ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C.

637(d)(2) and (3)).

(17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).

(ii) Alternate I (Nov 2016) of 52.219-9. (iii) Alternate II (Nov 2016) of 52.219-9.

(iv) Alternate III (Nov 2016) of 52.219-9. (v) Alternate IV (Nov 2016) of 52.219-9.

XX (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). (19) _XX__ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

(20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

XX (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

XX (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

XX (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

XX (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

XX (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

XX (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212). XX

(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

XX (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in

22.1803.)

(35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).

(37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

(39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(JUN 2016) (E.O. 13693).

(40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Oct 2015) of 52.223-13.

(41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-14.

(42) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C.

8259b).

(43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-16.

XX (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving

(AUG 2011) (E.O. 13513).

(45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

(46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

(47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(ii) Alternate I (JAN 2017) of 52.224-3.

__ (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

(49)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103- 182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

(ii) Alternate I (May 2014) of 52.225-3. (iii) Alternate II (May 2014) of 52.225-3.

(iv) Alternate III (May 2014) of 52.225-3.

(50) 52.225-5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

(54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

(55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

(56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

XX (57) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332).

(58) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

(59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

(60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C.

637(d)(12)).

(62)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

52.222-41, Service Contract Labor Standards 52.222-42, Statement of Equivalent Rates for Federal Hires 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment 52.222-55, Minimum Wages Under Executive Order 13658 52.222-62, Paid Sick Leave Under Executive Order 13706 52.217-5, Evaluation of Options

52-217-8, Option to Extend Services

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

52.232-8, Discounts for Prompt Payment 52.232-39 Unenforceability of Unauthorized Obligations

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

52.237-2, Protection of Government Buildings, Equipment and Vegetation

52.245-1 Government Property

52.247-34 F.O.B. Destination

52.252-2 Clauses Incorporated by Reference The following U.S. Department of Commerce Acquisition Regulation (CAR) provisions and clauses apply to this procurement. The full text of a CAR provision or clause may be accessed electronically at: www.acquisition.gov.

Reference Supplemental Regulations, U.S. Department of Commerce.

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 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 http://www.acquisition.gov/ 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)

(a) (TO BE IDENTIFIED AT THE TIME OF AWARD) 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:

(CONTACT INFORMATION SHALL BE PROVIDED AT THE TIME OF AWARD)

(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.

1352.209-73 COMPLIANCE WITH THE LAWS

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST

1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS

1352.237-71 SECURITY PROCESSING REQUIREMENTS - LOW RISK CONTRACTS

1352.233-70 AGENCY PROTESTS (APR 2010)

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

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

NIST/ACQUISITION MANAGEMENT DIVISION

ATTN: CAROL A. WOOD, CONTRACTING OFFICER

100 Bureau Drive, MS 1640 Gaithersburg, MD 20899

(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address:

NIST/ACQUISITION MANAGEMENT DIVISION ATTN: HEAD OF

THE CONTRACTING OFFICE (HCO)

100 Bureau Drive, MS 1640 Gaithersburg, MD 20899

(d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority. (e) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce.

Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building

14th Street and Constitution Avenue, N.W. Washington, D.C. 20230.

FAX: (202) 482-5858

1352.246-70 PLACE OF ACCEPTANCE: 100 Bureau Drive, Gaithersburg, MD 20899

NIST LOCAL 04: BILLING INSTRUCTIONS

(a) NIST prefers electronic Invoice/Voucher submissions and they should be emailed to INVOICE@NIST.GOV.

(b) Each Invoice or Voucher submitted shall include the following:

(1) Blanket Purchase Agreement Number and Call Order 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.

(c) In the event electronic submissions are not used, The Contractor shall submit an original invoice or voucher in accordance with the payment provisions of this contract to:

NIST: Accounts Payable Office 100 Bureau Drive, Mail Stop 1621 Gaithersburg, MD 20899-1621 (End of clause)

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 mailto:INVOICE@NIST.GOV 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.