SB1341-09-RP-0078-NIST EEELIDIQ.doc

Supplies or Services and Prices/Costs

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder”.

SOLICITATION

9.

Sealed offers in original and 3 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in Building 301 Room B125 until 12:00 PM (hour) local time Sep 8, 2009 (date).

CAUTION – LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

11. TABLE OF CONTENTS

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12.

In compliance with the above, the undersigned agrees, if this offer is accepted within _______________ calendar days (60 calendar days unless a different period is inserted by the offeror) from the data for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13.

Discount for Prompt Payment

(See Section I, Clause No. 52.232-8)

14.

Acknowledgment of Amendments

The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated.

15A.

Name

Code

Facility

16.

Name and Title of Person Authorized to Sign Offer (Type or print) and

Address of

Offeror

15B.

Telephone No. (Include area code)

AWARD (To be completed by Government)

Submit Invoices to Address Shown in Item

10 U.S.C. 2304 (c)( )

41 U.S.C. 253 (c)( )

(4 copies unless otherwise specified)

IMPORTANT – Award will be made on this form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

Prescribed by GSA – FAR (48 CFR) 52.214 (c)

NTE

Travel costs will be reimbursed in accordance with FAR Subpart 31.205-46, Travel costs. The Contractor shall submit a copy of each receipt for an individual travel cost or other direct costs that exceeds $75.00 with their invoice for those costs.

Period of Performance: October 1, 2009 thorugh September 30, 2010

NTE

Travel costs will be reimbursed in accordance with FAR Subpart 31.205-46, Travel costs. The Contractor shall submit a copy of each receipt for an individual travel cost or other direct costs that exceeds $75.00 with their invoice for those costs.

Period of Performance: October 1, 2010 thorugh September 30, 2011

NTE

Travel costs will be reimbursed in accordance with FAR Subpart 31.205-46, Travel costs. The Contractor shall submit a copy of each receipt for an individual travel cost or other direct costs that exceeds $75.00 with their invoice for those costs.

Period of Performance: October 1, 2011 thorugh September 30, 2012

NTE

Travel costs will be reimbursed in accordance with FAR Subpart 31.205-46, Travel costs. The Contractor shall submit a copy of each receipt for an individual travel cost or other direct costs that exceeds $75.00 with their invoice for those costs.

Period of Performance: October 1, 2012 thorugh September 30, 2013

NTE

Travel costs will be reimbursed in accordance with FAR Subpart 31.205-46, Travel costs. The Contractor shall submit a copy of each receipt for an individual travel cost or other direct costs that exceeds $75.00 with their invoice for those costs.

Period of Performance: October 1, 2013 thorugh September 30, 2014

6SECTION B -

B.1 1352.216-70 CONTRACT TYPE (MAR 2000)

B.2 1352.216-72 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (MAR 2000)

B.3 1352.216-73 CEILING PRICE (MAR 2000)

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 1352.211-70 STATEMENT OF WORK/SPECIFICATIONS (MAR 2000)

C.2 IDIQ Statement of Work C.3 1352.237-71 SECURITY PROCESSING REQUIREMENTS FOR CONTRACTOR/SUBCONTRACTOR PERSONNEL WORKING ON A DEPARTMENT OF COMMERCE SITE OR IT SYSTEM (HIGH OR MODERATE RISK CONTRACTS) (DEC 2006)

SECTION E - INSPECTION AND ACCEPTANCE

E.1 52.246-4 INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996)

E.2 52.246-6 INSPECTION--TIME-AND-MATERIAL AND LABOR-HOUR (MAR 2001)

E.3 1352.246-70 INSPECTION AND ACCEPTANCE (MAR 2000)

SECTION F - DELIVERIES OR PERFORMANCE

F.1 1352.215-70 PERIOD OF PERFORMANCE (MAR 2000)

F.2 52.242-15 STOP-WORK ORDER (AUG 1989)

F.3 52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 1352.201-70 CONTRACTING OFFICER'S AUTHORITY (MAR 2000)

G.2 1352.201-71 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (COTR) (FEB 2005)

G.3 1352.216-76 PLACEMENT OF ORDERS (MAR 2000)

G.4 1352.245-70 GOVERNMENT FURNISHED PROPERTY (MAR 2000)

G.5 NIST LOCAL_36 TRAVEL NOTE

G.6 NIST LOCAL_40 BILLING INSTRUCTIONS FOR DELIVERY/TASK ORDERS

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 1352.208-70 PRINTING (MAR 2000)

H.2 1352.209-71 ORGANIZATIONAL CONFLICT OF INTEREST (MAR 2000)

H.3 1352.209-72 RESTRICTIONS AGAINST DISCLOSURE (MAR 2000)

H.4 1352.209-73 COMPLIANCE WITH THE LAWS (MAR 2000)

H.5 1352.216-78 TASK ORDERS (MAR 2000)

H.6 1352.228-70 INSURANCE COVERAGE (MAR 2000)

H.7 1352.228-72 DEDUCTIBLES UNDER REQUIRED INSURANCE COVERAGE (MAR 2000)

H.8 1352.231-70 DUPLICATION OF EFFORT (MAR 2000)

H.9 1352.233-70 HARMLESS FROM LIABILITY (MAR 2000)

H.10 1352.252-70 REGULATORY NOTICE (MAR 2000)

H.11 NIST LOCAL_07 COMPUTER SECURITY POLICY

SECTION I - CONTRACT CLAUSES

I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

I.2 52.202-1 DEFINITIONS (JUL 2004)

I.3 52.203-3 GRATUITIES (APR 1984)

I.4 52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984)

I.5 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)

I.6 52.203-7 ANTI-KICKBACK PROCEDURES (JUL 1995)

I.7 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997) I.8 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997) I.9 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2007)

I.10 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (AUG 2000)

I.11 52.222-3 CONVICT LABOR (JUN 2003)

I.12 52.222-19 CHILD LABOR--COOPERATION WITH AUTHORITIES AND REMEDIES (FEB 2008)

I.13 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)

I.14 52.222-26 EQUAL OPPORTUNITY (MAR 2007)

I.15 52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS. [SEP 2006]

I.16 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998)

I.17 52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (SEP 2006)

I.18 52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

I.19 52.224-1 PRIVACY ACT NOTIFICATION (APR 1984)

I.20 52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

I.21 52.233-1 DISPUTES (JUL 2002)

I.22 52.242-13 BANKRUPTCY (JUL 1995)

I.23 52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

I.24 52.203-15 WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAR 2009)

I.25 52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008)

I.26 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (SEP 2007)

I.27 52.204-11 AMERICAN RECOVERY AND REINVESTMENT ACT REPORTING REQUIREMENTS (MAR 2009) I.28 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (SEP 2006)

I.29 52.215-2 AUDIT AND RECORDS--NEGOTIATION (MAR 2009)

I.30 52.215-2 I AUDIT AND RECORDS--NEGOTIATION (MAR 2009)--ALTERNATE I

I.31 52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)

I.32 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

I.33 52.216-7 ALLOWABLE COST AND PAYMENT (DEC 2002)

I.34 52.216-18 ORDERING (OCT 1995)

I.35 52.216-19 ORDER LIMITATIONS (OCT 1995)

I.36 52.216-29 TIME-AND-MATERIALS/LABOR-HOUR PROPOSAL REQUIREMENTS -- NON-COMMERCIAL ITEM ACQUISITION WITH ADEQUATE PRICE COMPETITION (FEB 2007)

I.37 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

I.38 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

I.39 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (MAY 2004)

I.40 52.219-14 LIMITATIONS ON SUBCONTRACTING (DEC 1996)

I.41 52.227-16 ADDITIONAL DATA REQUIREMENTS (JUN 1987)

I.42 52.227-17 RIGHTS IN DATA--SPECIAL WORKS (DEC 2007)

I.43 52.227-23 RIGHTS TO PROPOSAL DATA (TECHNICAL) (JUN 1987)

I.44 52.232-7 PAYMENTS UNDER TIME-AND-MATERIALS AND LABOR-HOUR CONTRACTS (FEB 2007)

I.45 52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986)

I.46 52.232-25 PROMPT PAYMENT (OCT 2008)

I.47 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--CENTRAL CONTRACTOR REGISTRATION (OCT 2003)

I.48 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

I.49 52.239-1 PRIVACY OR SECURITY SAFEGUARDS (AUG 1996)

I.50 52.243-3 CHANGES--TIME-AND-MATERIALS OR LABOR-HOURS (SEP 2000)

I.51 52.244-2 SUBCONTRACTS (JUN 2007)

I.52 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (MAY 2004) I.53 52.249-6 IV TERMINATION (COST-REIMBURSEMENT) (MAY 2004)--ALTERNATE IV (SEP 1996)

I.54 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984)

I.55 1352.252-71 REGULATORY NOTICE (MAR 2000)

SECTION J - LIST OF ATTACHMENTS

J.1 Statement of Work Task Orders 1 & 2

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

K.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009)

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

L.2 PREPROPOSAL CONFERENCE

L.3 PROPOSAL SUBMISSIONN INSTRUCTIONS

L.4 52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2004)

L.5 1352.215-73 INQUIRIES (MAR 2000)

L.6 52.216-1 TYPE OF CONTRACT (APR 1984)

L.7 52.233-3 PROTEST AFTER AWARD (AUG 1996)

L.8 1352.233-71 SERVICE OF PROTESTS (MAR 2000)

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 EVALUATION OF PROPOSALS

TC "SECTION B - " \f C \l "1"

TC "B.1 1352.216-70 CONTRACT TYPE (MAR 2000)" \f C \l "2"

B.1 1352.216-70 CONTRACT TYPE (MAR 2000)

This is a Indefinite-Delivery-Indefinite-Quantity type contract for services for wich either firm-fixed price or time and materials type task orders may be negotiated and issued against. It consists of a base period from October 1, 2009 to September 30,2010 and four (4) one-year options.

(End of clause)

TC "B.2 1352.216-72 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (MAR 2000)" \f C \l "2"

B.2 1352.216-72 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (MAR 2000)

During the period specified in the ORDERING clause (FAR 52.216-18), the Government shall place orders totaling a minimum of $100,000.00. The amount of all orders shall not exceed $ 4.0 Million.

(End of clause)

TC "B.3 1352.216-73 CEILING PRICE (MAR 2000)" \f C \l "2"

B.3 1352.216-73 CEILING PRICE (MAR 2000)

The ceiling price of this contract is to be specified in individual time-and-materials task orders. The Contractor shall not make expenditures nor incur obligations in the performance of this contract which exceed the ceiling price specified herein, except at the Contractor’s own risk.

(End of clause)

TC "SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT" \f C \l "1"

TC "C.1 1352.211-70 STATEMENT OF WORK/SPECIFICATIONS (MAR 2000)" \f C \l "2"

C.1 1352.211-70 STATEMENT OF WORK/SPECIFICATIONS (MAR 2000)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified):

xx To perform the following the Statement of Work/Specifications; and xx To perform the Statement of Work/Specifications referenced as an attachment in Section J.

(End of clause)

TC "C.2 IDIQ Statement of Work P:\AMG\jkerns\FY 2009 Actions\IEELBRADYIDIQ\PWSIDIQIEELBRADY2.doc" \f C \l "2" C.2 IDIQ Statement of Work

1. Background

The Electronic Information Group (EIG) located in the Semiconductor Electronics Division (SED) of the Electronics and Electrical Engineering Laboratory (EEEL) at the U.S. Department of Commerce, National Institute of Standards and Technology (NIST) in Gaithersburg, Maryland has a long history of designing, developing, and implementing both standards and systems. Examples include several internal Web-Based applications designed for EEEL and NIST (that will need continued support and development), international standards for the electronics and semiconductor industries, and software reference implementations (ie language translators). In addition to the above work, EIG is constantly being requested to develop new applications to support the mission of the EEEL and NIST. Typically the work focuses on designing the system or standard (using modeling, use cases, domain knowledge, etc.) and then developing the systems or implementation using a variety of software languages and database technologies.

EIG supports three main projects:

1) The Infrastructure for Integrated Electronics Design and Manufacturing (IIEDM) Project seeks to aid the growth of the electronics and semiconductor industries by technical support in two key efforts. First, the project provides expertise in the development of neutral data exchange specifications designed to support distributed supply chain integration and e-manufacturing activities. Second, the project acts as an impartial forum in the development of standards and assistance in resolving interoperability issues between similar, and often conflicting, standardization efforts. This project is working with industry to enable the infrastructure needed to support electronic commerce for both electronic components and manufacturing. As EIG develops these exchange standards, we must develop Reference Implementations of the IT standards, and develop software tools to help industry implement and deploy the standards.

2) The Knowledge Facilitation project supports the eNIST objective to eliminate paper and to automate manual, labor intensive administrative activities. The project employs cutting-edge web-based technologies to develop custom applications in support of EEEL and NIST. The applications we develop are not available in commercially developed packages (Commercial-Off-the-Shelf, or “COTS”) and therefore need to be developed in-house. These applications automate tasks and decrease the administrative requirements of the technical and support staff, while increasing responsiveness to customers and implementing a secure eNIST paperless environment. As a result, EIG scientists are able to spend more time working in their labs than working at their computers to fulfill administrative requirements. Several web-based applications have been created to store and track all of EEEL’s publications, travel and project status reports provided to management. Management is able to obtain access to the information it needs easily, and the administrative burden on the EIG technical staff has been decreased. Generation of required paperwork has been automated, removing that responsibility from the EIG support staff. The applications also serve as a data warehouse for all project publications and reports, providing backups of all data stored. The project reporting database was developed as a web-based application; it has been created to reduce the duplication of the storage of information while providing management with immediate access to project data without interrupting project staff. This application contains all project-related information such as funding, milestones, staff, progress, etc. for all of the 97 projects in EEEL. Access to the data is provided by user roles; i.e., division chief, group leader, project leader, and staff. We are looking into new technologies like RFID (Radio Frequency Identification) technology to help in the equipment inventory for the lab. EIG is also developing a Web-based database for body armor testing.

3) Smart Grid – A smart grid delivers electricity from suppliers to consumers using digital technology to save energy, reduce cost and increase reliability. Such a modernized electricity network is being worked on at NIST by the EEEL. To support this effort, applications may need to be developed to help in the collaborations and interactions and tracking progress that will be required by the technical staff. Also, several small custom applications may need to be developed to demonstrate technologies that will be used to support the Smart Grid.

2. Purpose

The scope of this contract is three-fold: to design, validate, and maintain several IT systems designs (with technical specifications for a project database, a body armor Database, a calibrations system database, laser database, and other designs as future program areas unfold), to develop tools and methodologies to facilitate the development and adoption of electronic data exchange standards, and to develop the standards and technologies needed to support the Smart Grid project.

Throughout Section C, reference to the EEEL Database will mean all four databases mentioned above, and any other systems indentified as being required.

3. Requirements: The general scope of the contract and resulting task orders may include one or more of the following:

· Task Management: The Contractor shall develop and maintain the Project Plan in the EEEL eQMR Database, and update quarterly.

· Project Management: The Contractor shall be responsible for overall project management, including the development and monitoring/updating and submission of the Project Plan in the EEEL Project Database; task work plans, detailing specific deliverables, monitoring quality of deliverables, final reports, source code, and documentation.

· Development, Production, and Support of EEEL Database: The Contractor shall design, develop, validate, test, and document technical requirements and/or models for information technology systems that satisfy EEEL Database requirements.

· Development, Production, and Support of Smart Grid Standards and References: The Contractor shall design, develop, validate, test, document, and provide modeling and reference implementation for Smart Grid Standards and References. The Contractor shall also provide the necessary modeling, testing, and use case support associated with the development and production of Smart Grid Standards and References.

· Portal Applications and Reports & Downloads Development: The Contractor shall design, develop, test, modify, and implement new Portal front page applications and reports and downloads.

· User Documentation and Technical Support: The Contractor shall provide user documentation, project, and technical support (i.e. software, data, and instance management) for the EEEL Database and Smart Grid Standards and Reference implementations development, production, portal applications, reports and downloads.

· Change Management: The Contractor shall provide continuity for a continuous technology change management and communications methodology to support EEEL efforts.

· Certification and Accreditation (C&A) Support: The Contractor shall provide support and Certification and Accreditation (C&A) services to the EEEL IT Security Officer to develop security C&A documentation specific for the application developed, as required by NIST Special Publication 800-37.

4. Security Procedures

The Contractor must adhere to the following NIST and DoC IT Security Policies while performing under this contract:

NIST Information Technology Security Policies & Procedures http://www-i.nist.gov/cio/itsd/pp_fed/index.htm NIST Information Technology Security Policies, Procedures, Guidance Forms, & Reports

(http://www-i.nist.gov/cio/itsd/pp_nist/index.htm

Additionally, any software developed by the Contractor must meet minimum mandatory controls as specified for Moderate Impact (Confidentiality and Integrity) systems as specified in NIST Special Publication 800-53, DoC IT Security Program Policy and Minimum Implementation Standards (2005), and NIST policy. The contractor should pay particular attention to SA-8 Security Design Principles. Control: The organization designs and implements the information system using security engineering principles. NIST Special Publication 800-27 provides guidance on engineering principles for information system security.

The Contractor shall maintain a constant dialog with the COTR concerning the appropriate level of security per work performed.

5. Deliverables: Specific deliverables will be defined in each task order.

6. Inspection and Acceptance

All Deliverable are subject to review and approval by the COTR. The period of review will be designated at the task order level and shall be commensurate with the complexity of the deliverable.

7. Place of Performance Most of the task orders will be performed on-site at the NIST campus in Gaithersburg, Maryland, but some of the task orders may be performed off-site; individual task orders will specify if performance is required on-site at NIST.

Contract requirements at the task order level may require one or more of the following:

· Using the Oracle Relational Database Management Systems (RDBMS) and associated Oracle development and query tools; using JAVA Spring Framework; using Apache Tomcat server.

· Oracle technologies supporting NIST LDAP Server.

· Oracle 10g

· Current web technologies

· JAVA programming

· Testing large systems and testing methodologies

· Software maintenance, change control and tools like Subversion Version Control System and TRAC Reporting system.

· Integration with other NIST systems

· Utilization of key electronics and semiconductor standards development processes (such as IPC and SEMI)

· Utilization of IPC 258X series of standards

· Utilization of GenCAM and ODB++ standards

· Utilization of Systems Modeling and Object Oriented Program

· UML (Design and Use)

· Java, Agile, and Ruby Programming Languages

· API and GUI development

· YAML, SOAP, CORBA, SQL

· Service Discovery and Management

· XML

8. Section 508 Accessibility All Electronic and Information Technology (EIT), as defined at FAR 2.101, supplied under this Project Order and all subsequent project orders, must conform to the Architectural and Transportation Barriers Compliance Board Electronic and Information Technology Accessibility Standards (36 CFR Part 1194). The applicable standards are available at http://www.access-board.gov/sec508/508standards.htm.

The following standards have been determined to be applicable to this Project Order:

____X___ 1194.21 Software applications and operating systems

____X___ 1194.22 Web-based intranet and internet information and applications

9. Government Furnished Information, Facilities, Supplies, and Services

NIST shall:

· Provide the Contractor with the appropriate hardware, software, and equipment required for accomplishing day-to-day work requirements.

· Provide telephones for the Contractor’s business use only.

· Provide systems access and all necessary database and web server permissions, as necessary, to meet the requirements of this task order.

10. Reporting Requirements and Problem Reports

· The Contractor may be required to provide general reports such as a project plan, a project plan meeting, all source code, and requirements/deliverable reports to the COTR that is specific to each task order.

TC "C.3 1352.237-71 SECURITY PROCESSING REQUIREMENTS FOR CONTRACTOR/SUBCONTRACTOR PERSONNEL WORKING ON A DEPARTMENT OF COMMERCE SITE OR IT SYSTEM (HIGH OR MODERATE RISK CONTRACTS) (DEC 2006)" \f C \l "2" C.3 1352.237-71 SECURITY PROCESSING REQUIREMENTS FOR CONTRACTOR/SUBCONTRACTOR PERSONNEL WORKING ON A DEPARTMENT OF COMMERCE SITE OR IT SYSTEM (HIGH OR MODERATE RISK CONTRACTS) (DEC 2006)

A. Investigative Requirements for High and Moderate Risk Contracts

All contractor (and subcontractor) personnel proposed to be employed under a High or Moderate Risk contract shall undergo security processing by the Department's Office of Security before being eligible to work on the premises of any Department of Commerce facility, or through a Department of Commerce IT system. All Department of Commerce security processing pertinent to this contract will be conducted at no cost to the contractor. The level of contract risk will determine the type and scope of such processing as noted below.

1. Non-IT Service Contracts

a. High Risk - Background Investigation (BI)

b. Moderate Risk - Moderate Background Investigation (MBI)

2. IT Service Contracts

a. High Risk IT - Background Investigation (BI)

b. Moderate Risk IT - Background Investigation (BI)

3. In addition to the investigations noted above, non-U.S. citizens must have a pre-appointment check that includes a Customs and Immigration Service (CIS - formerly Immigration and Naturalization Service) agency check.

B. Additional Requirements for Foreign Nationals (Non-U.S. Citizens)

To be employed under this contract within the United States, non-U.S. citizens must have:

1. Official legal status in the United States

2. Continuously resided in the United States for the last two years; and

3. Advance approval from the servicing Security Officer of the contracting operating unit in consultation with the Office of Security (OSY) headquarters. (OSY routinely consults with appropriate agencies regarding the use of non-U.S. citizens on contracts and can provide up-to-date information concerning this matter.)

C. Security Processing Requirement

1. Processing requirements for High and Moderate Risk Contracts are as follows:

a. The contractor must complete and submit the following forms to the Contracting Officer Representative (COR):

i. Standard Form 85P (SF 85P), Questionnaire for Public Trust Positions;

ii. FD 258, Fingerprint Chart with OPM's designation in the ORI Block; and

iii. Credit Release Authorization.

b. The COR will review these forms for completeness, initiate the CD-254, Contract Security Classification Specification, and forward the documents to the cognizant Security Officer.

c. Upon completion of the security processing, the Office of Security, through the servicing Security Officer and the COR, will notify the contractor in writing of the individual's eligibility to be given access to a Department of Commerce facility or Department of Commerce IT system.

2. Security processing shall consist of limited personal background inquiries pertaining to verification of name, physical description, marital status, present and former residences, education, employment history, criminal record, personal references, medical fitness, fingerprint classification, and other pertinent information. For non-U.S. citizens, the COR must request an Immigration and Customs Enforcement (formerly INS) agency check. It is the option of the Office of Security to repeat the security processing on any contract employee at its discretion.

D. Notification of Disqualifying Information

If the Office of Security receives disqualifying information on a contract employee, the COR will be notified. The COR, in coordination with the contracting officer, will immediately remove the contract employee from duty requiring access to Departmental facilities or IT systems. Contract employees may be barred from working on the premises of a facility for any of the following:

1. Conviction of a felony of a crime of violence or of a misdemeanor involving moral turpitude.

2. Falsification of information entered on security screening forms or of other documents submitted to the Department.

3. Improper conduct once performing on the contract, including criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct or other conduct prejudicial to the Government regardless of whether the conduct directly related to the contract.

4. Any behavior judged to pose a potential threat to Departmental information systems, personnel, property, or other assets.

NOTE: Failure to comply with the requirements may result in termination of the contract or removal of some contract employees from Department of Commerce facilities or access to IT systems.

E. Access to National security Information

Compliance with these requirements shall not be construed as providing a contract employee clearance to have access to national security information.

F. The Contractor shall include the substance of this clause, including this paragraph, in all subcontracts.

(End of Clause)

TC "SECTION E - INSPECTION AND ACCEPTANCE" \f C \l "1"

TC "E.1 52.246-4 INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996)" \f C \l "2"

E.1 52.246-4 INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996)

(a) "Definitions." "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may--

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may--

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

(End of Clause)

TC "E.2 52.246-6 INSPECTION--TIME-AND-MATERIAL AND LABOR-HOUR (MAR 2001)" \f C \l "2"

E.2 52.246-6 INSPECTION--TIME-AND-MATERIAL AND LABOR-HOUR (MAR 2001)

(a) "Definitions." As used in this clause--

"Contractor's managerial personnel" means any of the Contractor's directors, officers, managers, superintendents, or equivalent representatives who have supervision or direction of--

(1) All or substantially all of the Contractor's business;

(2) All or substantially all of the Contractor's operation at any one plant or separate location where the contract is being performed; or

(3) A separate and complete major industrial operation connected with the performance of this contract.

"Materials" includes data when the contract does not include the Warranty of Data clause.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the material, fabricating methods, work, and services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) Unless otherwise specified in the contract, the Government shall accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they shall be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(f) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (h) of this clause, the cost of replacement or correction shall be determined under the Payments Under Time-and-Materials and Labor-Hour Contracts clause, but the "hourly rate" for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken.

(g)

(1) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may--

(i) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or

(ii) Terminate this contract for default.

(2) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute.

(h) Notwithstanding paragraphs (f) and (g) of this clause, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to--

(1) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or

(2) The conduct of one or more of the Contractor's employees selected or retained by the Contractor after any of the Contractor's managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

(i) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.

(j) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.

(k) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.

(End of Clause)

TC "E.3 1352.246-70 INSPECTION AND ACCEPTANCE (MAR 2000)" \f C \l "2"

E.3 1352.246-70 INSPECTION AND ACCEPTANCE (MAR 2000)

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

Inspection and acceptance will be performed at:

TBD

(End of clause)

TC "SECTION F - DELIVERIES OR PERFORMANCE" \f C \l "1"

TC "F.1 1352.215-70 PERIOD OF PERFORMANCE (MAR 2000)" \f C \l "2"

F.1 1352.215-70 PERIOD OF PERFORMANCE (MAR 2000)

a. The period of performance of this contract is from October 1, 2009 through September 30, 2010 . If an option is exercised, the period of performance shall be extended through the end of that option period.

b. The option periods that may be exercised are as follows:

Period Start Date End Date

Option I October 1, 2010 September 30, 2011

Option II October 1, 2011 September 30, 2012

Option III October 1, 2012 September 30, 2013

Option IV October 1, 2013 September 30, 2014

(End of clause)

TC "F.2 52.242-15 STOP-WORK ORDER (AUG 1989)" \f C \l "2"

F.2 52.242-15 STOP-WORK ORDER (AUG 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either--

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if--

(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

(End of Clause)

TC "F.3 52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)" \f C \l "2"

F.3 52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

(a) If the performance of all or any part of the work of this contract is delayed or interrupted

(1) by an act of the Contracting Officer in the administration of this contract that is not expressly or implied authorized by this contract, or

(2) by a failure of the Contracting Officer to act within the time specified in this contract, or within a reasonable time if not specified, an adjustment (excluding profit) shall be made for any increase in the cost of performance of this contract caused by the delay or interruption and the contract shall be modified in writing accordingly. Adjustment shall also be made in the delivery or performance dates and any other contractual term or condition affected by the delay or interruption. However, no adjustment shall be made under this clause for any delay or interruption to the extent that performance would have been delayed or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an adjustment is provided or excluded under any other term or condition of this contract.

(b) A claim under this clause shall not be allowed--

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved; and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the delay or interruption, but not later than the day of final payment under the contract.

(End of Clause)

TC "SECTION G - CONTRACT ADMINISTRATION DATA" \f C \l "1"

TC "G.1 1352.201-70 CONTRACTING OFFICER'S AUTHORITY (MAR 2000)" \f C \l "2"

G.1 1352.201-70 CONTRACTING OFFICER'S AUTHORITY (MAR 2000)

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 have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

(End of clause)

TC "G.2 1352.201-71 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (COTR) (FEB 2005)" \f C \l "2"

G.2 1352.201-71 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (COTR) (FEB 2005)

a. TBD is hereby designated as the Contracting Officer's Technical Representative (COTR). The COTR may be changed at any time by the Government without prior notice to the Contractor by a unilateral modification to the Contract. The COTR is located at:

TBD

b. The responsibilities and limitations of the COTR are as follows:

(1) The COTR is responsible for the technical aspects of the project and serves as technical liaison with the Contractor. The COTR is also responsible for the final inspection and acceptance of all reports, and such other responsibilities as may be specified in the contract.

(2) The COTR 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 COTR. No such changes shall be made without the expressed prior authorization of the Contracting Officer (CO). The CO may designate assistant or alternate COTR(s) to act for the COTR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the Contractor.

(End of clause)

TC "G.3 1352.216-76 PLACEMENT OF ORDERS (MAR 2000)" \f C \l "2"

G.3 1352.216-76 PLACEMENT OF ORDERS (MAR 2000)

The Contractor shall provide services under this Contract only as directed in Task Orders. In accordance with FAR 16.505, each order will include:

(i) Date of order.

(ii) Contract number and order number.

(iii) Item number and description, quantity, and unit price or estimated cost or fee.

(iv) Delivery or performance date.

(v) Place or delivery or performance (including consignee).

(vi) Packaging, packing, and shipping instructions, if any.

(vii) Accounting and appropriation data.

(viii) Method of payment and payment office, if not specified in the contract.

(ix) Any other pertinent information.

In accordance with FAR 52.216-18, ORDERING, the following individuals (or activities) are authorized to place orders against this contract:

NIST AMD Contracting Officer

(End of clause)

TC "G.4 1352.245-70 GOVERNMENT FURNISHED PROPERTY (MAR 2000)" \f C \l "2"

G.4 1352.245-70 GOVERNMENT FURNISHED PROPERTY (MAR 2000)

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this Contract. This property shall be used and maintained by the Contractor in accordance with provisions of the "Government Property" clause included in this contract.

Item No. __________

Description __________

Quantity __________

Delivery Date __________

(End of clause)

TC "G.5 NIST LOCAL_36 TRAVEL NOTE" \f C \l "2"

G.5 NIST LOCAL_36 TRAVEL NOTE

(a) The government will reimburse the contractor for all necessary expenses in connection with travel authorized pursuant to this order/contract. Costs incurred for lodging, meals, and incidental expenses shall be considered to be reasonable and allowable only to the extent that they do not exceed on a daily basis the maximum per diem rates in effect at the time of travel as set forth in the Federal Travel Regulations prescribed by the General Services Administration.

(b) Subsistence is authorized in accordance with the DoC and Federal Travel Regulations. Invoices requesting reimbursement for travel must be accompanied by itemized paid receipts. The invoices must be submitted to the payment office specified elsewhere in this order/contract. (END OF CLAUSE)

TC "G.6 NIST LOCAL_40 BILLING INSTRUCTIONS FOR DELIVERY/TASK ORDERS" \f C \l "2"

G.6 NIST LOCAL_40 BILLING INSTRUCTIONS FOR DELIVERY/TASK ORDERS

(a)The Contractor shall submit an original invoice or voucher in accordance with the payments provisions of this contract to the address identified in Block 21 of the OF347.

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

(1)Contract Number; identified in Block 2 of the OF347.

(2)Delivery/Task Order Number identified in Block 3 of the OF347.

(3)Contractor Name and Address.

(4)Date of Invoice.

(5)Invoice Number.

(6)Amount of Invoice, and cumulative amount invoiced to-date.

(7)Contract Line Item Number (CLIN).

(8)Description, quantity, unit of measure, unit price, and extended price of supplies/services delivered.

(9)Prompt payment discount terms, if offered.

(10)For time-and-materials task orders, a copy of personal timesheets or similar computer-generated data for hours billed per labor category per person during the billing period.

(11) For materials purchased on time-and-materials task orders, a copy of each receipt for material items being billed.

(END OF CLAUSE)

TC "SECTION H - SPECIAL CONTRACT REQUIREMENTS" \f C \l "1"

TC "H.1 1352.208-70 PRINTING (MAR 2000)" \f C \l "2"

H.1 1352.208-70 PRINTING (MAR 2000)

Unless otherwise specified in this contract, the Contractor shall not engage in, or subcontract for, any printing (as that term is defined in Title I of the Government Printing and Binding Regulations in effect on the effective date of this contract) in connection with performing under this contract. Provided, however, that performing a requirement under this contract involving the duplicating of less than 5,000 units of only one page, or less than 25,000 units in the aggregate of multiple pages, such pages are not exceeding a maximum image size of 10 and 3/4 inches by 14 and 1/4 inches, will not be deemed printing.

(End of clause)

TC "H.2 1352.209-71 ORGANIZATIONAL CONFLICT OF INTEREST (MAR 2000)" \f C \l "2"

H.2 1352.209-71 ORGANIZATIONAL CONFLICT OF INTEREST (MAR 2000)

(a) The Contractor warrants that, to the best of the Contractor's knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, or that the Contractor has disclosed all such relevant information.

(b) The Contractor agrees that if an actual or potential organizational conflict of interest is discovered after award, the Contractor will make a full disclosure in writing to the Contracting Officer. This disclosure shall include a description of actions which the Contractor has taken or proposes to take, after consultation with the Contracting Officer, to avoid, mitigate, or neutralize the actual or potential conflict.

(c) Remedies - The Contracting Officer may terminate this contract for convenience, in whole or in part, if it deems such termination necessary to avoid an organizational conflict of interest.