SB1341-09-RQ-0094.doc

SCHEDULE Continued

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

Offeror to Complete Blocks 12, 17, 23, 24, & 30

NB823150-9-03238

7.

For Solicitation Information Call:

Delivery for FOB Destination Unless Block is Marked.

12. Discount Terms

NATIONAL INST OF STDS AND TECHNOLOGY

100 BUREAU DRIVE STOP 1640

BUILDING 301 ROOM B125

GAITHERSBURG MD 20899-1640

NATIONAL INST OF STDS AND TECHNOLOGY

BUILDING 301 SHIPPING AND RECEIVING

100 BUREAU DRIVE

GAITHERSBURG MD 20899-0001

NATIONAL INST OF STDS AND TECHNOLOGY

100 BUREAU DRIVE STOP 1640

BUILDING 301 ROOM B125

GAITHERSBURG MD 20899-1640

17a.

Contractor/Offeror

NATIONAL INST OF STDS AND TECHNOLOGY

ACCOUNTS PAYABLE OFFICE

100 BUREAU DRIVE (101/A836) STOP 1621

GAITHERSBURG MD 20899-1640

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

IN ACCORDANCE WITH THE PERFORMANCE WORK STATEMENT INCORPORATED HEREIN, PROVIDE A FIRM ALL-INCLUSIVE FIXED PRICE QUOTATION TO PROVIDE:

Audio data collection for the TRANSTAC (Spoken Language Communication and Translation System for Tactical User) Program.

BASE PERIOD

OPTION PERIOD 1

OPTION PERIOD 2

OPTION PERIOD 3

ANY CONTRACTOR SUBMITTING A QUOTATION AGAINST THIS RFQ MUST BE CURRENTLY REGISTERED AT www.ccr.gov

NIST CANNOT AWARD A PURCHASE ORDER TO A CONTRACTOR THAT IS NOT REGISTERED AT THIS WEBSITE

DUNS NO.: _______________________

CONTRACTOR SHALL INCLUDE EVIDENCE IN ITS QUOTATION OF COMPLIANCE WITH THE TECHNICAL EVALUATION CRITERIA SPECIFIED UNDER CLAUSE 1352.215-77, P

NIST RESERVES THE RIGHT TO AWARD A PURCHASE ORDER TO OTHER THAN THE LOW OFFEROR OR NOT TO MAKE AN AWARD AT ALL IF THAT IS DEEMED TO SERVE ITS BEST INTEREST

ANY QUESTIONS CONCERNING THIS RFQ OR PERFORMANCE WORK STATEMENT MAY BE DIRECTED TO randy.schroyer@nist.gov

41. 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

2. 52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008)

3. PERFORMANCE WORK STATEMENT

4. 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (SEP 2007)

5. 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (SEP 2006)

6. 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (OCT 2008)

7. 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

8. 52.245-1 GOVERNMENT PROPERTY (JUN 2007)

9. 1352.201-70 CONTRACTING OFFICER'S AUTHORITY (MAR 2000)

10. 1352.208-70 PRINTING (MAR 2000)

11. 1352.209-72 RESTRICTIONS AGAINST DISCLOSURE (MAR 2000)

12. 1352.209-73 COMPLIANCE WITH THE LAWS (MAR 2000)

13. 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2009)

14. 1352.215-73 INQUIRIES (MAR 2000)

15. 1352.215-77 EVALUATION UTILIZING SIMPLIFIED ACQUISITION PROCEDURES (MAR 2000)

16. 52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989)

17. 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

18. 1352.237-73 KEY PERSONNEL (MAR 2000)

19. 1352.246-70 INSPECTION AND ACCEPTANCE (MAR 2000)

20. 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

21. NIST LOCAL_04 BILLING INSTRUCTIONS

TC "1. 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)" \f C \l "2"

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

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

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

(End of Provision)

TC "2. 52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008)" \f C \l "2"

2. 52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008)

(Reference 4.1104)

TC "3. PERFORMANCE WORK STATEMENT P:\AMG\schroyer\SOW\NB823150-9-03238 FINAL 2-11-09.doc" \f C \l "2"

3. PERFORMANCE WORK STATEMENT

BACKGROUND

DARPA (Defense Advanced Research Projects Agency) has selected the National Institute of Standards and Technology (NIST) to serve as the Independent Evaluation Team (IET) for TRANSTAC (Spoken Language Communication and Translation System for Tactical Use) Phase III. In this capacity, NIST will be gathering training data and developing testing procedures and performance evaluations for speech to speech translation technologies.

The goal of the TRANSTAC Program is to develop technologies that enable robust spontaneous two-way tactical speech communications between American warfighters and native speakers. The program addresses the issues surrounding the rapid deployment of new languages, especially, low-resource languages and dialects. TRANSTAC will build on existing speech translation platforms developed in other programs to create a rapidly deployable language tool that will meet the military’s language translation needs. More information about the DARPA TRANSTAC program can be found at http://www.globalsecurity.org/intell/systems/language-translation.htm

SCOPE OF WORK

The Contractor shall provide assistance to NIST in audio data collection for the TRANSTAC program. More specifically, the Contractor shall provide a studio and related recording infrastructure for the purpose of collecting speech data from soldiers and foreign language speakers. This audio data shall be provided to the TRANSTAC research teams to train their translation systems as well as to the evaluation team to test the performance of these systems.

SPECIFIC TASKS

The Contractor shall provide all labor, equipment and materials to complete the following tasks:

Base Period – 02/28/09 – 06/30/09

Provide professional recording studio facilities and engineers for data collections. There shall be four data collection sessions (approximately one per month). Each session shall take up to two days and shall occur over weekends (Saturday and Sunday). The sessions shall run from 9 a.m. to 6 p.m. and accommodate up to 50 people. Approximately two additional hours may be necessary for data processing. The yield for each weekend session is expected to be at least 30 hours of audio information. NIST will provide all human speakers for the recordings. Specific responsibilities include:

a. Provide three sound recording studios with separate control room and vocal booths, and an additional sound editing suite to be used as a real time check of all data recorded. The studio shall be centrally located in areas with a large population of Arabic speakers and military to minimize travel costs for the speakers. Preference will be given to the San Diego area due to success finding speaker in that area in the past.

b. Provide three rehearsal studios to accommodate three parallel rehearsals (this includes space for three rehearsal coaches, three subject matter experts and three foreign language experts)

c. Provide appropriate number of recording engineers to oversee the effort.

d. Provide facility wide computer network to allow for transfer of sessions between studios without interrupting workflow

e. Provide well-equipped lounge facilities, separate meeting room (with projector), use of two private offices (with printers and phone system) and restrooms

f. Verify the correct capture of all audio data with the NIST team and ship one Windows XP compliant hard drive with all audio date to NIST and a duplicate one to Appen (a transcription/translation facility in Australia).

Performance Standard: A clear and crisp set of audio data that can easily be used by Appen for transcription and translation purposes. Should the Contractor delay meeting the scheduled due date for the audio recordings for reasons within the control of the Contractor, the Government will withhold 10 percent of payment due.

OPTIONS

OPTION PERIOD 1: 7/01/09- 7/31/09

Meet the same requirements and performance standards set forth in the base period, except that only one data collection recording session is required.

OPTION PERIOD 2: 8/01/09- 8/31/09

Meet the same requirements and performance standards set forth in the base period, except that only one data collection recording session is required.

OPTION PERIOD 3: 9/01/09- 9/30/09

Meet the same requirements and performance standards set forth in the base period, except that only one data collection recording session is required.

DELIVERABLES AND DUE DATES

BASE PERIOD

Provide four audio data collection recording sessions that result in at least 30 hours of quality audio data for each audio collection session. Each session must meet the performance standards set forth in this contract. The data shall be shipped on a hard drive to NIST and to Appen.

TO BE COMPLETED within 4 months of delivery order award

OPTION PERIOD 1

Meet the same deliverable requirements as set forth in the base period, except that only one data collection recording session is required.

TO BE COMPLETED within 1 month after exercise of the option.

OPTION PERIOD 2

Meet the same deliverable requirements as set forth in the base period, except that only one data collection recording session is required.

TO BE COMPLETED within 1 month after exercise of the option.

OPTION PERIOD 3

Meet the same deliverable requirements as set forth in the base period, except that only one data collection recording session is required.

TO BE COMPLETED within 1 month after exercise of the option.

TRAVEL: None

PERIOD OF PERFORMANCE

The period of performance is February 28, 2009 through June, 2009 for the base period. Option one is July 1, 2009 through July 31, 2009. Option two is August 1, 2009 through August 31, 2009. Option three is September 1, 2009 through September 30, 2009.

PLACE OF PERFORMANCE

The place of performance of the requirement is the contractor’s facility.

VI. GOVERNMENT FURNISHED PROPERTY, DATA AND/OR INFORMATION

All material provided by the Government in the performance of this task remains the property of the Government and must be surrendered to the government upon completion or termination of this requirement. Prior to the start of session, the Government will provide:

· Speakers for all data collections

· Address of location in Australia for data to be shipped to

CONTRACT ADMINISTRATION

The Contractor shall provide all support for project oversight, administration and technical execution of this contract. The Contractor is responsible for maintaining accurate records of project activities.

INVOICES

Under this firm fixed price contract, the Contractor may only submit invoices upon receipt and acceptance by the Technical Information Contacct of each deliverable herein.

EXHIBITS AND ATTACHMENTS

More information about the DARPA TRANSTAC program can be found at http://www.globalsecurity.org/intell/systems/language-translation.htm TC "4. 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (SEP 2007)" \f C \l "2"

4. 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (SEP 2007)

(Reference 4.1303)

TC "5. 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (SEP 2006)" \f C \l "2"

5. 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (SEP 2006)

(Reference 9.409)

TC "6. 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (OCT 2008)" \f C \l "2"

6. 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (OCT 2008)

(Reference 12.301(b)(3))

TC "7. 52.217-5 EVALUATION OF OPTIONS (JUL 1990)" \f C \l "2"

7. 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

(Reference 17.208(c))

TC "8. 52.245-1 GOVERNMENT PROPERTY (JUN 2007)" \f C \l "2"

8. 52.245-1 GOVERNMENT PROPERTY (JUN 2007)

(Reference 45.107(a))

TC "9. 1352.201-70 CONTRACTING OFFICER'S AUTHORITY (MAR 2000)" \f C \l "2"

9. 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 "10. 1352.208-70 PRINTING (MAR 2000)" \f C \l "2"

10. 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 "11. 1352.209-72 RESTRICTIONS AGAINST DISCLOSURE (MAR 2000)" \f C \l "2"

11. 1352.209-72 RESTRICTIONS AGAINST DISCLOSURE (MAR 2000)

a. The Contractor agrees, in the performance of this contract, to keep the information furnished by the Government and designated by the Contracting Officer or Contracting Officer's Technical Representative in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part, in any manner or form, nor to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis. The Contractor agrees to immediately notify the Contracting Officer in writing in the event that the Contractor determines or has reason to suspect a breach of this requirement.

b. The Contractor agrees that it will not disclose any information described in Subsection A to any persons or individual unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

(End of clause)

TC "12. 1352.209-73 COMPLIANCE WITH THE LAWS (MAR 2000)" \f C \l "2"

12. 1352.209-73 COMPLIANCE WITH THE LAWS (MAR 2000)

The Contractor shall comply with all applicable laws and rules and regulations having the force of law which deal with or relate to performance hereunder or the employment by the Contractor of the employees.

(End of clause)

TC "13. 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2009)" \f C \l "2"

13. 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2009)

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

(1) 52.233-3, Protest after Award (Aug 1996) (31 U.S.C. 3553).

(2) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)

(Pub. L. 108-77, 108-78).

(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:

__________ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government

(Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and

10 U.S.C. 2402).

__________ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec

2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(15 U.S.C. 657a).

__________ (3) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999)

(15 U.S.C. 657a).

__________ (4) 52.219-4, Notice of Price Evaluation Preference for HUBZone

Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer)

(15 U.S.C. 657a).

(5) [Reserved]

(6)

XX (i) 52.219-6, Notice of Total Small Business Set-Aside (June

2003) (15 U.S.C. 644).

__________ (ii) Alternate I (Oct 1995) of 52.219-6.

__________ (iii) Alternate II (Mar 2004) of 52.219-6.

(7)

__________ (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.

__________ (8) 52.219-8, Utilization of Small Business Concerns (May 2004) (15

U.S.C. 637(d)(2) and (3)).

(9)

__________ (i) 52.219-9, Small Business Subcontracting Plan (Apr 2008)

(15 U.S.C. 637(d)(4).

__________ (ii) Alternate I (Oct 2001) of 52.219-9.

__________ (iii) Alternate II (Oct 2001) of 52.219-9.

__________ (10) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C.

637(a)(14)).

__________ (11) 52.219-16, Liquidated Damages--Subcontracting Plan (Jan 1999)

(15 U.S.C. 637(d)(4)(F)(i)).

(12)

__________ (i) 52.219-23, Notice of Price Evaluation Adjustment for Small

Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323)

(if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__________ (ii) Alternate I (June 2003) of 52.219-23.

__________ (13) 52.219-25, Small Disadvantaged Business Participation Program-

Disadvantaged Status and Reporting (Apr 2008) (Pub. L.

103-355, section 7102, and 10 U.S.C. 2323).

__________ (14) 52.219-26, Small Disadvantaged Business Participation Program-

Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section

7102, and 10 U.S.C. 2323).

__________ (15) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small

Business Set-Aside (May 2004) (15 U.S.C. 657 f).

__________ (16) 52.219-28, Post Award Small Business Program Rerepresentation

(June 2007) (15 U.S.C. 632(a)(2)).

XX (17) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

XX (18) 52.222-19, Child Labor--Cooperation with Authorities and Remedies

(Feb 2008) (E.O. 13126).

XX (19) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

XX (20) 52.222-26, Equal Opportunity (Apr 2002) (E.O. 11246).

XX (21) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

(Sept 2006) (38 U.S.C. 4212).

XX (22) 52.222-36, Affirmative Action for Workers with Disabilities

(Jun 1998) (29 U.S.C. 793).

XX (23) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept

2006) (38 U.S.C. 4212).

__________ (24) 52.222-39, Notification of Employee Rights Concerning Payment of

Union Dues or Fees (Dec 2004) (E.O. 13201).

(25)

__________ (i) 52.222-50, Combating Trafficking in Persons (Aug 2007)

(Applies to all contracts).

__________ (ii) Alternate I (Aug 2007) of 52.222-50.

__________ (26) 52.222-54, Employment Eligibility Verification (Jan 2009).

(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.)

(27)

__________ (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)).

__________ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C.

6962(i)(2)(C)).

__________ (28) 52.223-15, Energy Efficiency in Energy-Consuming Products

(Dec 2007) (42 U.S.C. 8259b).

(29)

__________ (i) 52.223-16, IEEE 1680 Standard for the Environmental

Assessment of Personal Computer Products (Dec 2007)

(E.O. 13423).

__________ (ii) Alternate I (Dec 2007) of 52.223-16.

__________ (30) 52.225-1, Buy American Act-Supplies (June 2003)(41 U.S.C.

10a-10d).

(31)

__________ (i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli

Trade Act (Aug 2007) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L. 108-77, 108-78, 108-286, 109-53 and 109-169.

__________ (ii) Alternate I (Jan 2004) of 52.225-3.

__________ (iii) Alternate II (Jan 2004) of 52.225-3.

__________ (32) 52.225-5, Trade Agreements (Nov 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (33) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008)

(E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__________ (34) 52.226-4, Notice of Disaster or Emergency Area Set-Aside

(Nov 2007) (42 U.S.C. 5150).

__________ (35) 52.226-5, Restrictions on Subcontracting Outside Disaster or

Emergency Area (Nov 2007) (42 U.S.C. 5150).

__________ (36) 52.232-29, Terms for Financing of Purchases of Commercial Items

(Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__________ (37) 52.232-30, Installment Payments for Commercial Items (Oct 1995)

(41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

XX (38) 52.232-33, Payment by Electronic Funds Transfer-Central

Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__________ (39) 52.232-34, Payment by Electronic Funds Transfer-Other than

Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__________ (40) 52.232-36, Payment by Third Party (May 1999)(31 U.S.C. 3332).

__________ (41) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C.

552a).

(42)

__________ (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 1984) 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:

__________ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007)

(41 U.S.C. 351, et seq.).

__________ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May

1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__________ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-

Price Adjustment (Multiple Year and Option Contracts) (May 1989)

(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__________ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act-

Price Adjustment (Feb 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__________ (5) 52.222-51, Exemption from Application of the Service Contract

Act to Contracts for Maintenance, Calibration, or Repair of

Certain Equipment--Requirements (Nov 2007)

(41 U.S.C. 351, et seq.).

__________ (6) 52.222-53, Exemption from Application of the Service Contract

Act Contracts fro Certain Services--Requirements (Nov 2007)

(41 U.S.C. 351, et seq.).

__________ (7) 52.237-11, Accepting and Dispensing of $1 Coin (Aug 2007)

(31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (e)(1)(i) through (ix) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 52.203-13, Contractor Code of Business Ethics and Conduc t (DEC 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(iv) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

(v) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

(vi) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201).

(vii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(viii) 52.222-50, Combating Trafficking in Persons (Aug 2007) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50.

(ix) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(x) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-54, Employment Eligibility Verification (Jan 2009).

(xii) 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). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

TC "14. 1352.215-73 INQUIRIES (MAR 2000)" \f C \l "2"

14. 1352.215-73 INQUIRIES (MAR 2000)

Offerors must submit all questions concerning this solicitation in writing to the Contracting Officer. They must be received no later than four calendar days after the date of this solicitation.

(End of clause)

TC "15. 1352.215-77 EVALUATION UTILIZING SIMPLIFIED ACQUISITION PROCEDURES (MAR 2000)" \f C \l "2"

15. 1352.215-77 EVALUATION UTILIZING SIMPLIFIED ACQUISITION PROCEDURES (MAR 2000)

a. The Government will award a purchase order resulting from this solicitation to the responsible offeror whose quotation conforming to the solicitation results in the best value to the Government, price and non-price factors considered. All evaluation factors other than price are significantly more important than cost or price. Quotations will be evaluated based on the factors listed below. Factor 1 and 2 are of equal importance and are slightly more important than Factor 3. In addressing the evaluation factors below, the offeror shall demonstrate:

(1) Venue

The appropriateness of the facility and the geographical location will be evaluated.

(2) Past Performance

Provide list of contacts, including phone numbers, to conduct firm's past performance in successfully accomplishing activities similar to those identified in the Performance Work Statement (PWS);

(3) Personnel Qualifications

Provide resumes and level of experience in similar projects of key personnel proposed demonstrating expertise in professional recording sessions

(4) Price

The price evaluation will determine whether the proposed prices are realistic, complete, and reasonable in relation to the requirements in the PWS. Include a cost breakout showing the labor categories, the hourly labor rates, matls., facility rental, etc.

(End of clause)

TC "16. 52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989)" \f C \l "2"

16. 52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 5 days of contract expiration Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of Clause)

TC "17. 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)" \f C \l "2"

17. 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 5 days of contract expiration provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 10 days of contract expiration days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 7 mos.

(End of Clause)

TC "18. 1352.237-73 KEY PERSONNEL (MAR 2000)" \f C \l "2"

18. 1352.237-73 KEY PERSONNEL (MAR 2000)

a. The Contractor shall assign to this contract the following Key Personnel:

To be determined at time of award

b. The Contractor shall obtain the consent of the Contracting Officer prior to making Key Personnel substitutions. Replacements for Key Personnel must possess qualifications equal to or exceeding the qualifications of the personnel being replaced specified.

c. Requests for changes shall be submitted to the Contracting Officer at least 15 working days prior to making any permanent substitutions. The request should contain a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. The Contracting Officer will notify the Contractor within 10 working days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes.

(End of clause)

TC "19. 1352.246-70 INSPECTION AND ACCEPTANCE (MAR 2000)" \f C \l "2"

19. 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:

To be determined at time of award

(End of clause)

TC "20. 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)" \f C \l "2"

20. 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

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

(End of Clause)

TC "21. NIST LOCAL_04 BILLING INSTRUCTIONS" \f C \l "2"

21. NIST LOCAL_04 BILLING INSTRUCTIONS

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

NIST

Accounts Payable Office

100 Bureau Drive, Mail Stop 1621

Gaithersburg, MD 20899-1621

FAX Number: 301-975-8283

Email: invoice@nist.gov

(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.

(END OF CLAUSE)

25. Accounting and Appropriation Data

26. Total Award Amount (For Govt. Use Only)

are not attached

27b. Contract/Purchase Order incorporates by reference FAR 52.212-4. 52.212-5 is attached. Addenda are are not attached

Contractor is required to sign this document and return

29.

Award of Contract: Reference.

Offer

Issuing Office. Contractor agrees to furnish and deliver all items set forth or otherwise identified above and on any additional sheets subject to the terms and conditions specified herein.

Dated

. Your offer on Solicitation (Block 5), including any additions or changes which are set forth herein, is accepted as to items:

31c. Date Signed

32a. Quantity in Column 21 Has Been

Received

Inspected

Accepted, and Conforms to the Contract, Except as Noted: ________________________

32g. E-mail of Authorized Government Representative

Complete

Partial

Final

Partial

Final

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA - FAR (48 CFR) 53.212

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