Final_Combined.pdf

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 WRITTEN

SOLICITATION DOCUMENT WILL NOT BE ISSUED. THIS SOLICITATION IS

BEING ISSUED USING SIMPLIFIED ACQUISITION PROCEDURES UNDER THE

AUTHORITY OF FAR 13.5 FOR COMMERCIAL ITEMS.

This solicitation is a request for quotation. The solicitation document incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-94 and 95, effective January 19, 2017.

1352.215-72 INQUIRIES (APR 2010)

Offerors must submit all questions concerning this solicitation in writing to the contract specialist within seven (7) 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.

(end of provision)

The associated North American Industrial Classification System (NAICS) code for this procurement is 334516 with a small business size standard of 1000 employees.

This requirement is being set aside 100 percent for small businesses.

REQUIREMENTS:

Offeror shall provide a firm fixed price (FFP) quotation for the following line items: (All components must be new. Used or refurbished components will not be considered for award).

Contract Line Item Number (CLIN) QTY PRICE Applicable

Discounts

TOTAL

CLIN 0001 –Cryogen Free Adiabatic Demagnetization Refrigerator, meeting or exceeding the requirements below and in accordance with the attached NIST CAD Drawing.

CLIN 0002, Training, the contractor shall provide training, in accordance with the below requirement

The use of “gray market” components not authorized for sale in the U.S. by the proposer is not acceptable. All line items shall be shipped in the original manufacturer’s packaging and include all original documentation and software, when applicable.

CLIN 0001: The contractor shall furnish the necessary personnel, material, equipment, and services to provide quantity of one (1) Cryogen Free Adiabatic Demagnetization Refrigerator, that meets or exceeds the minimum requirements identified below and in accordance with the attached NIST CAD Drawing, Flexible Circuit attachment and Spectrometer Interface attachment:

NOTE: Perceived discrepancies between written specifications and the attached drawings must be resolved by submitting a written question per the inquiries clause above.

Brand Name or Equivalent: Some components listed within the requirements below are identified as a brand name or equivalent. Brand name or equivalent is intended to be descriptive, but not restrictive and is to indicate the quality and characteristic of products that will be considered satisfactory to meet the agency’s requirement

BACKGROUND:

The Atomic Spectroscopy Group (ASG) in the National Institute of Standards and Technology (NIST) Quantum Measurement Division in the Physical Measurement Laboratory conducts research on highly ionized atoms using an Electron Beam Ion Trap (EBIT). The ASG has a requirement to build a spectrometer based upon ultralow temperature microcalorimeters. The ASG will use this spectrometer to make sensitive measurements of the line positions and line intensity ratios of the x-rays emitted by highly ionized atoms in the EBIT. This spectrometer requires an ultralow temperature refrigerator to cool superconducting X-ray sensors and amplifiers.

LIST OF ATTACHMENTS:

The following pictures and/or drawings are hereby provided as attachments. The purpose of these attachments is for reference and to provide specification requirements to the Contractor for quotation purposes only.

All attachments included in this solicitation are owned by the Government and shall not be reproduced, released, distributed, or otherwise utilized for any purpose other than submission of a quotation and the execution of the required work without the prior written approval of the NIST Contracting Officer.

Attachment #1: CAD Supplement

Attachment #2: Flexible Circuit

MINIMUM REQUIREMENTS:

a. Vacuum jacket shall consist of the following:

i. Ni plated Al with a split at half the height.

ii. The vacuum jacket shall be rectangular with dimensions approximately 9 inch by 13 inch by 26 inch.

The vacuum jacket shall be constructed with a bar and pocket design to maximize the strength-to-weight ratio.

iii. The vacuum jacket shall have two (2) ports on the narrow faces of the lower half for photon access.

Similar ports shall be present on the narrow faces of the 4K (1.f) and 50K (1.e) radiation shields.

*One of these ports, referred to as “the primary photon port”, shall match the description provided in Attachment 1, CAD Supplement and have a vacuum O-ring and an rf-shielding O-ring installed in appropriate grooves.

iv. Vacuum jacket shall have a removable plate on the top surface where connectors and other feedthroughs shall be mounted.

v. Vacuum jacket shall have a removable plate on the bottom surface.

vi. Vacuum O-rings and RF shielding O-rings shall be used at each joint mating individual pieces of the vacuum jacket.

b. An adiabatic demagnetization refrigerator (ADR) shall consist of the following:

i. Two (2) paramagnetic salt pills,

1. One of the salt pills shall reach temperatures below 0.05 K

2. The other pill shall reach temperatures between 0.6 and 1 K.

3. The colder pill shall be able to maintain a temperature of 0.1 K or lower for 150 hours or longer with thermometry wiring installed.

ii. Shall have a passively shielded superconducting magnet

iii. Shall have a Kevlar and metal support structure. The support structure must prevent the pill stages from touching the surrounding 4 K stage even at full magnetic field.

iv. The diameter of the shielded superconducting magnet shall be 4 inches and its length shall be less than 9 inches.

v. The superconducting magnet shall provide a 4 Tesla magnetic field

vi. The passive shielding shall consist of vanadium permendur or equivalent material.

vii. Shall have two (2) horizontal Au plated OFHC Cu rods thermally connected to the salt pills

1. The rod connected to the colder pill shall have section with diameter 0.25 inches which terminates near the primary photon port, as indicated in attachment 1, CAD Supplement.

2. The rod connected to the other salt pill shall have a section with diameter 0.210 inches which terminates near the primary photon port, as indicated in attachment 1, CAD Supplement.

c. Shall have a pulse tube cryocooler, brand name or equivalent to the Cryomech PT407, with remote valve option and vibration isolation bellows. The cryocooler shall be able to cool the superconducting magnet from 300K to below 4 K in 16 hours or less.

i. The vibration isolation bellows shall have adjustable travel limits.

d. Shall have a 50K thermal stage consisting of the following:

i. Ni plated Al,

ii. A cutout for future experimental wiring,

iii. Two blank flanges to fill the cutout made from Ni plated Al.

e. Shall have a 50K radiation shield consisting of the following:

i. Made from Ni plated Al.

ii. The 50K shield shall have 2 parts:

1. Shall have an upper half and a lower half.

2. Ports for photon access should be provided on the narrow faces of the lower half.

3. One of these ports shall match the description provided in the attachment 1, CAD Supplement.

f. Shall have a 4K thermal stage consisting of:

i. Au plated OFHC Cu.

ii. The 4K stage shall have a cutout for future experimental wiring.

iii. Two blank flanges to fill the cutout made from Au plated OFHC Cu.

iv. 4K stage shall have a grid of tapped 4-40 screw holes.

g. Shall have a vertical 4K plate consisting of the following:

i. Approximately 5.75 by 5.30 by 0.28 inches Au plated OFHC Cu.

ii. A 7x7 grid of 4-40 tapped holes on 0.75-inch pitch.

iii. Consistent with description in attachment 1, CAD Supplement.

iv. A cutout in the 4K thermal stage (1.f), below this plate.

v. A blank flange to fill the cutout.

vi. A second flange to fill the cutout, this flange must be able to be inserted and removed while a NIST installed circuit board is present. Circuit board dimensions available in attachment 1, CAD Supplement.

h. Shall have a 4K radiation shield consisting of the following:

i. Made from Ni plated Al with an IR-blackened interior.

ii. Ports for photon access shall be provided on the narrow faces of the shield.

1. One of these ports shall match the description provided in attachment 1, CAD Supplement.

i. Shall have four (4) G10 tubes to connect the top of the 300K vacuum jacket with the 50K thermal stage. Tubes shall have Al mounting hardware at each end. Tube design shall minimize thermal transport while still being strong enough for Refrigerator to lie on its side.

j. Shall have a single G10 tube to connect the 50K thermal stage with the 4K stage. Tube shall have mounting hardware at each end. Tube design shall minimize thermal transport while still being strong enough for the Refrigerator to lie on its side.

k. Shall have a flexible thermal connection between 50K stage of pulsetube and 50K stage of Dewar. Connection shall be made from annealed OFHC Cu wire.

l. Shall have a flexible thermal connection between 4K stage of pulsetube and 4K stage of Dewar.

Connection shall be made from annealed OFHC Cu wire.

m. Shall have at least four diagnostic thermometers consisting of, at a minimum:

i. Ruthenium Oxide sensors at the 1 K and 50 mK ADR stages and

ii. Silicon diode or thermistor sensors at the 50 K and 4 K dewar stages.

n. Shall have diagnostic wiring internal to the cryostat. Wiring shall consist of, at a minimum:

i. Touch sensors for the 1 K and 50 mK ADR stages, and four leads for each of the diagnostic thermometers

ii. Diagnostic wiring to be properly heat sunk at the 50 K, 4 K, 1 K and 50 mK stages as appropriate.

iii. Diagnostic wiring to be interrupted at 4 K by microD connectors heat sunk to the 4 K plate.

iv. Diagnostic wiring to attach to hermetic connectors at room temperature.

1. Each pin shall have RF filtering.

o. Shall have mechanical and electrical components for leads to carry ADR magnet current from

300K to 4K. High-Tc material is to be used to carry the current from 50K to 4 K. The mounting hardware for the high-Tc material shall consist of G10 struts and Au-plated OFHC Cu blocks.

p. Shall have a light-tight pumpout fixture for the 4K space.

q. Shall have a mechanically-actuated heat switch to selectively connect the 1 K and 0.05 K stages of the ADR to the 4 K stage of the dewar. The heat switch shall be actuated by means of a rotary feedthrough at the top, exterior of the vacuum jacket with a ferrofluidic seal. The heat switch shaft shall incorporate appropriate thermal breaks, heat sinks, and/or radiation covers to ensure that it is thermalized to 4 K where it enters the 4 K radiation space

r. Shall have three (3) protective covers for the exposed Kevlar support pucks.

s. Shall have ten (10) pieces of flexible circuitry potted into a hermetic flange. The hermetic flange will mate to the top of the vacuum jacket with an O-ring seal. This circuitry will consist of 0.8-inch-wide and 19.12-inch-long kapton strips each with eight (8) signal conductors on one side and eight (8) return conductors on the opposite side, forming eight (8) microstrip transmission lines. The kapton shall be thin and the conductors shall be a resistive alloy to reduce the power load from this circuitry.

i. The strips shall be thermally anchored at 60K. Each piece shall be squeezed between two metal plates without making electrical contact to traces on the flex.

ii. The strip ends inside the cryostat shall terminate with two row 0.1-inch pitch headers and stiffeners.

iii. The strip ends outside the cryostat shall be bare. The length of strips outside the cryostat shall be confirmed with NIST before fabrication.

iv. When looking through the primary photon port, towards the inside of the cryostat, the strips shall run vertically near the right side of the vertical 4K plate.

v. The conductors shall be Au coated only at the exposed ends where electrical connections are made.

Regions of the conductors underneath polyimide shall not be Au coated.

vi. The characteristic impedance of the microstrip shall be 50 Ohms.

vii. Consistent with the information provided in the Flexible Circuits Supplement.

t. Shall have a 1 inch tall spacer part to sit between the hermetic flange above the hermetic flange for the flex strips and a NIST-provided tower assembly.

i. The spacer shall be made of electroless Ni-plated Al, and be consistent with the description in attachment 1, CAD Supplement.

u. The refrigerator contains sensitive electronics, and will be integrated with other pieces of scientific equipment, a low vibration signature is required. Mechanical motion of the 50 mK stage, due to pulse tube operation, shall be less than 40 microns.

v. Full operation of the refrigerator shall be conducted by the contractor prior to delivery, successful operation shall be documented and test results reported (format at the discretion of the contractor). All test results shall be provided to NIST along with the delivery of the system.

w. Shall have control electronics consisting of:

i. a Lakeshore LS372 bridge with a 3708 preamp (It must be a LakeShore 372 bridge with 3708 preamp only. The brand name justification is as follows:

To ensure that the temperature controller for this cryostat may be used as a temporary replacement part for another NIST owned cryostat if necessary, the Lakeshore 372 with preamp will be used as a direct replacement, to ensure compatibility and operation.

ii. a power supply capable of providing sufficient current to the magnet (1.b.v), brand name or equivalent to the 20 Amp Kepco BOP

iii. A breakout box to facilitate connection of the previous items to the ADR wiring

iv. Temperature regulation at 70 mK with less than 5 uK RMS temperature noise over 5 minutes;

x. Shall have documentation covering all wiring, and a 3D CAD model including all surfaces on which users may mount or mate additional hardware, included with delivery of system.

(Format at discretion of contractor)

y. Accessories:

a. A service stand to help manipulate the dewar with the following specifications:

i. Wheels or castors.

ii. Legs or the ability to lock the wheels or castors.

iii. Shall be able to hold the dewar from mounting points located on the top of the 300K vacuum jacket.

iv. Shall be able to rotate the dewar by 360 degrees while held by the mounting points in (iii).

v. Shall have at least 30-inch range of vertical motion so that the dewar can be lifted off or lowered onto a tabletop.

vi. Vertical motion of stand to be controlled either manually or by a cordless drill.

vii. Gearing of stand to support dewar weight without engaging a travel lock.

CLIN 0002, TRAINING:

The contractor shall conduct one (1), up to eight (8) hour, training session for up to six (6) users at NIST; on a Monday – Friday during 8:00am – 5:30pm MT, excluding federal holidays. The training shall provide a thorough demonstration of all system/solution functions, maintenance, data administration, and basic troubleshooting. The training shall be completed at NIST within two weeks of delivery. Coordination shall be completed with the TPOC (TBD at award) within 30 days from receipt of award.

NIST’s INSPECTION AND ACCEPTANCE:

In addition to the inspection and acceptance terms articulated in 52.212-4, the Government reserves the right to perform such performance tests and evaluations as defined below to verify specified system performance. Such tests and evaluations, if performed, shall be conducted within the environment that the system is to be operated. The Contractor has the right to be present during the tests and evaluations, if performed, at the Contractor’s expense.

The NIST Technical Point of Contact (TPOC) will power on the system. The system must demonstrate successful operation to the required technical specifications as set forth in this document. IF the instrument does not demonstrate successful operation to the required technical specifications, the vendor shall travel to NIST, expense solely borne by the contractor, for an on-site service sufficient cause the system to meet the technical specification.

A visual inspection of the Cryogen-Free Adiabatic Demagnetization Refrigerator will be performed by the NIST Technical Point of Contact to identify surface defects or any form of indication that the Cryogen-Free Adiabatic Demagnetization Refrigerator was damaged during transport to NIST. The Government shall have sole discretion to require repair or replacement of damaged and/or nonconforming supplies at no cost to the Government. The Government at any time prior to acceptance shall reject the Cryogen-Free Adiabatic Demagnetization Refrigerator due to defects and/or nonconformance.

Ownership (title) of the Cryogen-Free Adiabatic Demagnetization Refrigerator shall transfer to NIST upon acceptance.

DELIVERY AND DELIVERABLES:

Deliverable One (1): The Contractor shall deliver the completed fabricated system and testing results and documentation (Specifically, results for (1.u), (1.v), and (1.w.4)), within the vendor’s standard commercial lead time.

Delivery shall be FOB destination. 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

325 Broadway Building 1, Room 2120 Boulder, Colorado 80305

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; IAW FAR Part 52.212-4. Warranty shall commence upon acceptance of the Cryogen-Free Adiabatic Demagnetization Refrigerator

PAYMENT SCHEDULE:

The Contractor shall be paid, in accordance with Net 30-day payment terms, upon receipt and acceptance of a proper invoice, in accordance with the following schedule:

1. 100% after receipt and acceptance by the NIST Technical Point of Contact of fully delivered system.

NOTE: Alternate payment schedules shall be submitted with vendor’s response to the RFQ for consideration.

DUE DATE FOR QUOTATIONS:

Offerors shall submit their quotations so that NIST receives them not later than 3:30 p.m.

Eastern Time on October 19, 2017. FAX quotations shall not be accepted. E- mail quotations shall be accepted at lynda.horton@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: Lynda Horton, 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 is 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 Lynda Horton, Contract Specialist on 301-975-3725.

INSTRUCTIONS TO OFFERORS:

mailto:lynda.horton@nist.gov

Contractors may submit more than one quotation if proposing different systems.

Submission Requirements:

1.) 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, including reliability and ease of maintenance, 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.

If standard product literature and/or technical descriptions do not address all required specifications, offerors must provide narratives and or explanation of the work that will be performed to meet the requirement(s). All proposed work must be addressed in sufficient detail that all technical requirements are discussed and that the intended outcome of the work can be clearly discerned

Reliability and Ease of Maintenance:

Reliability: The contractor shall submit some or all of the following data that demonstrates compliance of reliability for both the system components and, in particular, the magnet, with data that includes, but not limited to: documented meantime between failure for components and magnet; overall quality of components and construction design; system reliability testing; or historical documented data.

Ease of maintenance: The contractor shall submit some or all of the following data that demonstrates ease of maintenance process for both the system components and, in particular, the magnet, with data that includes, but not limited to: ease of access to and cost of commercial interchangeable and replacement components; and process for repair or replacement of magnet if failure occurs.

2.) Past Performance:

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

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

1. Contract number;

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

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

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

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

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

3.) Price Quotation:

The offeror shall submit an original and one copy of the completed priced schedule 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, FOB Destination for each CLIN. Contractor shall state warranty coverage. Price quotations shall remain valid for a period of 90 days from the date quotations are due.

4). 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;

5). Quoters shall include a completed copy of the 52.209-11 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. If the contractors System for Award Management (SAM) is updated and inclusive of this representation, the contractor does not need to submit this along with the quote.

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.

EVALUATION FACTORS:

The Government intends to award a single Firm Fixed Priced Purchase Order.

http://www.sam.gov/

Award shall be made to the offeror whose quotation offers the best value to the Government price and other factors considered. The Government will evaluate quotations based on the following evaluation criteria: 1) Technical Capability 2). Past Performance, and 3) Price. All non-price factors, when combined, are equally important to 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, including demonstration of reliability and ease of maintenance. 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, and/or the offeror does not submit the test measurements/data from a real device, NIST will determine that it does not meet the requirements.

(Higher technical ratings shall be given to the contractor whose system and magnet has the longest mean time between failure, and allows for maintenance and component exchanges and/or repairs to be completed in the most efficient manner and least time)

Reliability and Ease of Maintenance:

NIST will evaluate the reliability to the extent in which the contractor successfully demonstrates, with factual supporting documentation, the overall reliability, mean time between failure, and quality of components and construction design.

NIST will evaluate the process of ease of maintenance to the extent in which the contractor successfully demonstrates, efficiency of the ease of maintenance of all components and the magnet.

2. Past Performance: The Government will evaluate the Offeror's past performance information and, if appropriate, its proposed subcontractors' past performance to determine its relevance to the current requirement and the extent to which it demonstrates that the offeror has successfully completed relevant contracts in the past five years. In assessing the offeror's past performance information, NIST will evaluate, as appropriate, successful performance of contract requirements, quality and timeliness of delivery of goods and services, cost management, communications between contracting parties, proactive management and customer satisfaction. Evaluation of this factor will be based on information contained in the technical portion of the quotation and information provided by references. The Government will evaluate past performance information by contacting appropriate references, including NIST references, if applicable. The Government may also consider other available information in evaluating the Offeror’s past performance.

The Government will assign a neutral rating if the offeror has no relevant past performance information.

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

Contractor Performance Evaluations

During the life of this contract, Contractor performance will be evaluated on an interim (if applicable) and final basis pursuant to FAR Subpart 42.15. The Contractor Performance Assessment Reporting System (CPARS) will be utilized for these reviews. Information on CPARS can be located at http://www.cpars.gov.

PROVISIONS AND CLAUSES:

The following provisions and clauses apply to this acquisition and are hereby incorporated by reference. All FAR clauses may be viewed at http://acquisition.gov/comp/far/index.html

Provisions

52.204-7 – System for Award Management 52.209-11 - Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law 52.212-3 Offeror Representations and Certifications -- Commercial Items (Oct 2016) The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs

(c) through (s) of this provision.

Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 the following definitions of FAR 52.212-3 are not implemented into this solicitation.

“Administrative merits determination” “Arbitral award or decision” Paragraph (2) of “Civil judgment” “DOL Guidance” “Enforcement agency” “Labor compliance agreement” “Labor laws” “Labor law decision” Per Court Injunction dated 24 Oct. 2016 and OMB memo dated 25 Oct. 2016 paragraph (s) of 52.212-3 is not implemented into this solicitation.

52.204-16 – Commercial & Government Entity Code Reporting 52.204-17 – Ownership or Control of Offeror 52.204-18 – Commercial & Government Entity Code Maintenance 52.209-2 Prohibition on Contracted with Inverted Domestic Corportations

52.225-2 Buy American Certificate.

As prescribed in 25.1101(a)(2), insert the following provision:

Buy American Certificate (May 2014) http://acquisition.gov/comp/far/index.html http://www.sam.gov/portal http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/25.htm#P1176_116101

(a) The offeror certifies that each end product, except those listed in paragraph (b) 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 offeror shall list as 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.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”

(b) Foreign End Products:

Line Item No.: Country of Origin:

[List as necessary]

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

(End of Provision)

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation (Jan 2017)

(a) Definition. As used in this provision-- “Internal confidentiality agreement or statement”, “subcontract”, and “subcontractor”, are defined in the clause at 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(b) In accordance with 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), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, 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.

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

(d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/25.htm#TopOfPage http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P466_70159 reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(End of provision) Clauses

52.204-13 – System for Award Management 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: (Jan 2017)

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (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) 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:

52.209-6 – Protecting the Government’s interest When Subcontracting with Contractor’s Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C. 6101 note).

52.204-10 – Clause Reporting Executive Compensation and First-Tier Subcontract Awards 52.219-4 – Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a) 52.219-6 Total Small Business Set Aside 52.219-28 – Post Award Small Business Program Representation (Apr 2009) (15 U.S.C.

632(a)(2)).

52.222-50 – Combatting Trafficking in Persons (FEB 2009)(22 U.S.C.7104(g)) 52.225-1 - Buy American Act 52.222-3 – Convict Labor (June 2003)(E.O. 11755) 52.222-19 – Child Labor – Cooperation with Authorities and Remedies (Jan 2014)(E.O. 13126) 52.222-21 – Prohibition of Segregated Facilities (Feb 1999) 52.222-26 – Equal Opportunity (Mar 2007)(E.O. 11246 52.222-35 – Equal Opportunity for Veterans 52.222-37 – Employment Reports on Veterans 52.222-36 – Equal Opportunity for Workers with Disabilities (Jul 2014)(29 U.S.C. 793) 52.223-18- Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011)(E.O 13513) 52.225-13 – Restrictions on Certain Foreign Purchases (June 2008)(E.O.’s, proclamations, and statues administered by the Office of Foreign Assets Control of the Department of the Treasury

52.232-33 – Payment By Electronic Funds Transfer – System for Award Management (Jul 2013) 931 U.S.C. 3332) 52.225-25 – Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran – Representations and Certifications 52.232-39 – Unenforceability of Unauthorized Obligations 52.232-40 – Providing Accelerated Payments to Small Business Contractors 52.247-35 – FOB Destination, within Consignee’s Premises

Assurance by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2015)

1) In accordance with Sections 543 and 544 of Public Law 112-55 Commerce, Justice, Science, and Related Agencies Appropriations Act 2012, Title V (General Provisions) none of the funds made available by that Act 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, 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.

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, 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) By accepting this award or order, in writing or by performance, the offeror/contractor assures that-

a) The offeror/contractor is not a corporation convicted of a felony criminal violation under a Federal law within the preceding 24 months.

b) The offeror/contractor 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 agreements with the authority responsible for collecting the tax liability.

(End of clause)

The following provisions and clauses apply to this acquisition and are hereby incorporated by reference. All CAR clauses may be viewed at http://www.ecfr.gov

1352.201-70 – Contracting Officers Authority 1352.209-73 – Compliance with the Laws (APR 2010) 1352.209-74 – Organizational Conflict of Interest 1352.246-70 – Place of Acceptance

(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:

The National Institute of Standards and Technology http://www.ecfr.gov/

325 Broadway Building 1, Room 2120 Boulder, Colorado 80305

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) 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.

(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)

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: PATRICK STAINES 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 mailto:INVOICE@NIST.GOV

Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W.

Washington, D.C. 20230.

FAX: (202) 482-5858

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

(End of clause)