SB1341-09-RQ-0194 4-22-09.doc

SCHEDULE Continued Issue Date

(THIS IS NOT AN ORDER)

NATIONAL INST OF STDS AND TECHNOLOGY

BUILDING 301 ROOM B125

4PM Local Time May 4, 2009

11. SCHEDULE (Indicate applicable Federal, State and local taxes)

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

The Contractor shall conduct research, analysis, and report results to advance NIST's Manufacturing Engineering Laboratory's goals in the area of Intelligent Manufacturing Systems.

NTE

$12,000.00

31. 52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008)

2. STATEMENT OF WORK

3. QUOTATION PREPARATION INSTRUCTIONS - PERSONAL SERVICES CONTRACTS

4. EVALUATION CRITERIA - PERSONAL SERVICES CONTRACTS

5. 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (SEP 2007)

6. 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (JUN 2003)

7. 52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

8. 52.227-11 PATENT RIGHTS--OWNERSHIP BY THE CONTRACTOR (DEC 2007)

9. 52.227-14 RIGHTS IN DATA--GENERAL (DEC 2007)

10. 52.232-3 PAYMENTS UNDER PERSONAL SERVICES CONTRACTS (APR 1984)

11. 52.243-1 CHANGES--FIXED-PRICE (AUG 1987)--ALTERNATE V (APR 1984)

12. 52.249-12 TERMINATION (PERSONAL SERVICES) (APR 1984)

13. 1352.209-71 ORGANIZATIONAL CONFLICT OF INTEREST (MAR 2000)

14. 1352.209-72 RESTRICTIONS AGAINST DISCLOSURE (MAR 2000)

15. 52.213-4 TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL ITEMS) (MAR 2009)

16. 1352.215-70 PERIOD OF PERFORMANCE (MAR 2000)

17. 1352.216-70 CONTRACT TYPE (MAR 2000)

18. 1352.231-70 DUPLICATION OF EFFORT (MAR 2000)

19. 1352.233-70 HARMLESS FROM LIABILITY (MAR 2000)

20. 1352.233-71 SERVICE OF PROTESTS (MAR 2000)

21. 1352.237-73 KEY PERSONNEL (MAR 2000)

22. 1352.246-70 INSPECTION AND ACCEPTANCE (MAR 2000)

23. NIST LOCAL_04 BILLING INSTRUCTIONS

24. NIST LOCAL_36 TRAVEL NOTE

TC "1. 52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008)" \f C \l "2"

1. 52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008)

(Reference 4.1104)

TC "2. STATEMENT OF WORK P:\AMG\schroyer\PERSONAL SERVICES SOW\NB820000-9-04045 v2.doc" \f C \l "2"

2. STATEMENT OF WORK

Research Support for the Manufacturing Engineering Laboratory

A. BACKGROUND INFORMATION

The National Institute of Standards and Technology’s (NIST) Manufacturing Engineering Laboratory (MEL) promotes innovation and the competitiveness of U.S. manufacturing through measurement science, measurement services, and critical technical contributions to standards. As the future of manufacturing in the U.S. becomes increasingly focused on innovative, high value-added, knowledge-intensive products and high technology materials and processes, MEL actively anticipates manufacturers’ changing requirements and pushes beyond the state of the art to solve tomorrow’s measurement and standards problems today. MEL routinely performs research, analysis, and resulting data in the areas of semantic and ontological technologies, intelligent manufacturing systems, and other manufacturing domains to help manufacturers achieve maximum effectiveness or economy as innovative agents of change for the manufacturing sector.

A specific area of research is in support of the Intelligent Manufacturing Systems (IMS). IMS is an industry-led, international research and development initiative established to develop the next generation of manufacturing and processing technologies. Companies and research institutions from the European Union, Japan, Korea, Switzerland, and the United States participate in this initiative. IMS projects advanced manufacturing science resulting in reduced costs, increased sales, reduced waste, and reduced resources requirements.

B. PURPOSE AND OBJECTIVES OF THE PROCUREMENT

The Contractor shall provide research, analysis, and report results to advance MEL’s goals in the following areas:

1. Identification of relevant research and development activities in the Intelligent Manufacturing Systems program that helps promote MEL’s mission and continues to foster international collaboration.

2. Furthering MEL’s understanding and application in the developing technology areas of ontologies and semantics, providing recommended linkages of the technologies to developing standards.

3. Enhancement of MEL’s competitiveness in manufacturing domains including, but not limited to agile manufacturing, SmartGrid, sustainable manufacturing, and systems integration and interoperability.

C. CONTRACTOR REQUIREMENTS

The Contractor shall

1. Comply with security requirements:

a. MISCONDUCT/DISRUPTION OF SERVICES: At any time during the performance of this contract, the Contracting Officer, COTR, or Director of the Manufacturing Engineering Laboratory may request the Contractor be immediately removed if they determine, at their unilateral discretion, any of the Contractor’s actions or impaired state to be a disruption to the work force.

b. The Certification and Accreditation requirements of Clause 1352.239-73 do not apply, and a Security Accreditation Package is not required.

2. Travel shall be reimbursed in accordance with the Federal Travel Regulations. The Contractor shall not exceed funding for travel as specified in this contract.

3. The period of performance shall be 05/11/2009 through 11/15/2009.

4. All work shall be accomplished at the Contractor’s facility and to travel locations as required by NIST.

The Contractor is responsible for maintaining accurate records of project activities and labor hours for the following.

Task 1: United States and MEL’s Engagement in the Intelligent Manufacturing Systems (IMS) Program

Perform research and apply results to identify and articulate new collaborative research areas relevant to the Intelligent Manufacturing Systems (IMS) program. Insights gleaned shall be from the perspective of MEL’s collaboration with global partners, particularly those IMS projects that serve as a strategic and useful platform for some of MEL’s international collaborations, notably serving as the foundation for MEL’s existing work with Korea and the European Union on the Materials Off-Shore Supply Chains project.

Task 2: Applicability of Ontologies and Semantic Technologies

Perform research that results in data and analysis of this data. Such results shall be tangible, concrete standards or models that would lend themselves to formal remodeling (ontologizing). Through collaborative research means, bridge the two themes of semantics and standards, focusing the talents of the ontology community on MEL’s mission area(s). Continue to investigate and identify the applicability of ontologies and semantic technologies to documentary standards, and identify promising candidate standards that might show near-term benefits, especially those specific to the manufacturing domain.

Task 3: Trends, Opportunities, and Networks As They Relate To Current and Future Work of MEL

Conduct research and analysis, assess trends, research and development opportunities, appropriate networks, and future “visioning” as they relate to agile manufacturing, SmartGrid, sustainable manufacturing, and systems integration and interoperability.

D. GOVERNMENT RESPONSIBILITIES

No Government furnished property or information will be provided to the Contractor.

E. REPORTING REQUIREMENTS AND DELIVERABLES

All deliverables generated under this contract remain the property of the Government.

The following deliverables shall be provided for each Task as specified:

Task 1: Written report on research results pertaining to the IMS program. Due no later than October 31, 2009.

Task 2: Provide a written report that assesses the applicability of the resulting research from engaging with other technology researchers around the world, that includes (1) way(s) the Contractor believes organizations such as the Open Applications Group shall be catalyzed to seriously consider migrating their standards to a more rigorous representation; (2) how the results of the research may substantially advance the mission of the Manufacturing Systems Integration Division and MEL in ensuring quality interoperability standards for U.S. manufacturing. Due no later than July 15, 2009.

Task 3: Document research results for technology areas such as agile manufacturing, SmartGrid, sustainable manufacturing, and systems integration and interoperability in two written reports. Due no later than September 15, 2009 and October 31, 2009 respectively.

Standards for Acceptance of Deliverables: The Technical Information Contact (TIC) will provide comments on each deliverable within 15 calendars days from receipt of a given deliverable. The Contractor shall make any needed changes to the deliverables within 30 calendar days from receipt of electronic or written comments from the TIC. The TIC will provide written notification when a deliverable is accepted.

F. PROGRAM MANAGEMENT AND CONTROL REQUIREMENTS

The Contractor shall include internal management and control systems as part of the written reports in Section E of this Statement of Work.

G. INSPECTION AND ACCEPTANCE CRITERIA

The TIC will inspect all deliverables for technical accuracy.

H. ATTACHMENTS: None.

TC "3. QUOTATION PREPARATION Z:\My Documents\PSC QUOTATION PREPARATION INSTRUCTIONS 3-16-09.doc" \f C \l "2"

3. QUOTATION PREPARATION INSTRUCTIONS – PERSONAL SERVICES CONTRACTS

Offerors shall submit quotations electronically by 4PM EDT, April 27, 2009 to randy.schroyer@nist.gov Offerors shall submit the quotation in two separate parts as follows:

(a) BUSINESS: The business quotation shall include –

(1) Completed and signed Request for Quotation (SF 18)

(2) Completed Price Schedule, Block 11, with fixed fully loaded hourly rate and total amount. In accordance with 5 USC 3109, the hourly rate shall not exceed a GS-15/Step 10 level @ $61.14/hr.

(3) Signed amendments to solicitation, if any are issued

(4) A completed copy of the Representations and Certifications, which can be found at https://orca.bpn.gov/

(b) TECHNICAL: The technical quotation shall include a thorough but concise description of the following –

(1) Technical Approach: The offeror shall demonstrate its understanding of the requirements by describing its technical approach to the work.

(2) Qualifications and Experience: The offeror shall describe its previous experience performing similar services. The offeror shall also provide a detailed resume for its proposed key personnel. If the key personnel is not a citizen of the U.S., also include a copy of all current Visa documentation.

(3) Past Performance: The offeror shall provide past performance information regarding contracts of similar type and scope it has performed for federal, state, or local governments and commercial customers. If the offeror has no relevant past performance, it should include a statement to that effect in its quotation.

TC "4. EVALUATION CRITERIA Z:\My Documents\PSC EVALUATION CRITERIA 4-10-09.doc" \f C \l "2"

4. EVALUATION CRITERIA – PERSONAL SERVICES CONTRACTS

a) The Government intends to award a contract to the responsible offeror whose quotation, conforming to the solicitation, represents the best value to the Government, non-price factors and price considered. The Government reserves the right to make no award as a result of this solicitation.

b) The Government intends to evaluate quotations and award a contract without discussions with offerors. Therefore, the offeror’s initial quotation should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all quotations if such action is in the public interest; accept other than the lowest price quotation; and waive informalities and minor irregularities in quotations received.

c) All evaluation factors other than price, when combined, are significantly more important than price. Factor 1 and 2 are of equal importance and are slightly more important than Factor 3. The importance of price in the evaluation will increase with the degree of equality among quotations of the non-price factors. In addressing the evaluation factors below, the offer shall demonstrate:

(1) Technical Approach: The Government will evaluate the offeror’s technical approach to determine the extent of its understanding of the solicitation’s requirements. A minimum post doctoral degree in engineering and 10 years of experience in manufacturing systems integration research and development is expected.

(2) Qualifications and Experience: The Government will evaluate the offeror’s experience and the resume of its proposed key personnel to determine the nature and extent of the offeror’s successful completion of similar services.

(3) Past Performance: The Government will evaluate the offeror’s past performance information to determine its relevance to the current requirements and the extent to which it demonstrates that the offeror has successfully completed relevant contracts.

(4) Price: The Government will evaluate the offeror’s proposed hourly rate and total price to determine whether it is fair and reasonable.

TC "5. 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (SEP 2007)" \f C \l "2"

5. 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (SEP 2007)

(Reference 4.1303)

TC "6. 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (JUN 2003)" \f C \l "2"

6. 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (JUN 2003)

(Reference 19.508)

TC "7. 52.223-6 DRUG-FREE WORKPLACE (MAY 2001)" \f C \l "2"

7. 52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

(Reference 23.505)

TC "8. 52.227-11 PATENT RIGHTS--OWNERSHIP BY THE CONTRACTOR (DEC 2007)" \f C \l "2"

8. 52.227-11 PATENT RIGHTS--OWNERSHIP BY THE CONTRACTOR (DEC 2007)

(Reference 27.303(a))

TC "9. 52.227-14 RIGHTS IN DATA--GENERAL (DEC 2007)" \f C \l "2"

9. 52.227-14 RIGHTS IN DATA--GENERAL (DEC 2007)

(Reference 27.409(a))

TC "10. 52.232-3 PAYMENTS UNDER PERSONAL SERVICES CONTRACTS (APR 1984)" \f C \l "2"

10. 52.232-3 PAYMENTS UNDER PERSONAL SERVICES CONTRACTS (APR 1984)

(Reference 32.111(a)(3))

TC "11. 52.243-1 V CHANGES--FIXED-PRICE (AUG 1987)--ALTERNATE V (APR 1984)" \f C \l "2"

11. 52.243-1 CHANGES--FIXED-PRICE (AUG 1987)--ALTERNATE V (APR 1984)

(Reference 43.205(a)(1))

TC "12. 52.249-12 TERMINATION (PERSONAL SERVICES) (APR 1984)" \f C \l "2"

12. 52.249-12 TERMINATION (PERSONAL SERVICES) (APR 1984)

(Reference 49.505)

TC "13. 1352.209-71 ORGANIZATIONAL CONFLICT OF INTEREST (MAR 2000)" \f C \l "2"

13. 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. If the Contractor was aware of a potential organizational conflict of interest prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the Contracting Officer, the Government may terminate the contract for default, debar the Contractor for Government contracting, or pursue such other remedies as may be permitted by law or this contract.

(d) The Contractor further agrees to insert provisions which shall conform substantially to the language of this clause, including this paragraph (d), in any subcontract or consultant agreement hereunder.

(End of clause)

TC "14. 1352.209-72 RESTRICTIONS AGAINST DISCLOSURE (MAR 2000)" \f C \l "2"

14. 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 "15. 52.213-4 TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL ITEMS) (MAR 2009)" \f C \l "2"

15. 52.213-4 TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL ITEMS) (MAR 2009)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

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

(ii) 52.222-21, Prohibition of Segregated Facilities (Feb 1999) (E.O. 11246).

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

(iv) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

(v) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2006) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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

(vii) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78).

(2) Listed below are additional clauses that apply:

(i) RESERVED

(ii) 52.232-8, Discounts for Prompt Payment (Feb 2002).

(iii) 52.232-11, Extras (Apr 1984).

(iv) 52.232-25, Prompt Payment (Oct 2008).

(v) 52.233-1, Disputes (July 2002).

(vi) 52.244-6, Subcontracts for Commercial Items (Feb 2009).

(vii) 52.253-1, Computer Generated Forms (Jan 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126). (Applies to contracts for supplies exceeding the micro-purchase threshold.)

(ii) 52.222-20, Walsh-Healey Public Contracts Act (Dec 1996) (41 U.S.C. 35-45) (Applies to supply contracts over $10,000 in the United States, Puerto Rico, or the U.S. Virgin Islands).

(iii) 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) (Applies to contracts of $100,000 or more).

(iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (Applies to contracts over $10,000, unless the work is to be performed outside the United States by employees recruited outside the United States.) (For purposes of this clause, United States includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(v) 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) (Applies to contracts of $100,000 or more).

(vi) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.)(Applies to service contracts over $2,500 that are subject to the Service Contract Act and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer continental shelf lands.).

(vii) 52.223-5, Pollution Prevention and Right-to-Know Information (Aug 2003) (E.O. 13148) (Applies to services performed on Federal facilities).

(viii) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energyconsuming products listed in the ENERGY STAR? Program or Federal Energy Management Program (FEMP) will be--

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance.)

(ix) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition--

(A) Is set aside for small business concerns; or

(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000).

(x) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003). (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the Central Contractor Registration (CCR) database as its source of EFT information.)

(xi) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999). (Applies when the payment will be made by EFT and the payment office does not use the CCR database as its source of EFT information.)

(xii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241). (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).)

(2) Listed below are additional clauses that may apply:

(i) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Sept 2006) (Applies to contracts over $30,000).

(ii) 52.211-17, Delivery of Excess Quantities (Sept 1989) (Applies to fixed-price supplies).

(iii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAR 2009) (Pub. L. 110-247) (Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the United States.)

(iv) 52.247-29, F.o.b. Origin (Feb 2006) (Applies to supplies if delivery is f.o.b. origin).

(v) 52.247-34, F.o.b. Destination (Nov 1991) (Applies to supplies if delivery is f.o.b. destination).

(c) "FAR 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

(d) "Inspection/Acceptance." The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights-

(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(e) "Excusable delays." The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(f) RESERVED

(g) RESERVED

(h) "Warranty." The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(End of Clause)

TC "16. 1352.215-70 PERIOD OF PERFORMANCE (MAR 2000)" \f C \l "2"

16. 1352.215-70 PERIOD OF PERFORMANCE (MAR 2000)

a. The period of performance of this contract is from 05/01/2009 through 10/31/2009.

b. There are no option periods.

c. This contract shall not be extended.

(End of clause)

TC "17. 1352.216-70 CONTRACT TYPE (MAR 2000)" \f C \l "2"

17. 1352.216-70 CONTRACT TYPE (MAR 2000)

This is a firm fixed-price type contract for personal services.

(End of clause)

TC "18. 1352.231-70 DUPLICATION OF EFFORT (MAR 2000)" \f C \l "2"

18. 1352.231-70 DUPLICATION OF EFFORT (MAR 2000)

The Contractor hereby certifies that costs for work to be performed under this contract and any subcontract hereunder are not duplicative of any costs charged against any other Government contract, subcontract, or other Government source. The Contractor agrees to advise the Contracting Officer, in writing, of any other Government contract or subcontract it has performed or is performing which involves work directly related to the purpose of this contract. The Contractor also certifies and agrees that any and all work performed under this contract shall be directly and exclusively for the use and benefit of the Government, and not incidental to any other work, pursuit, research, or purpose of the Contractor, whose responsibility it will be to account for it accordingly.

(End of clause)

TC "19. 1352.233-70 HARMLESS FROM LIABILITY (MAR 2000)" \f C \l "2"

19. 1352.233-70 HARMLESS FROM LIABILITY (MAR 2000)

The Contractor shall hold and save the Government, its officers, agents, and employees harmless from liability of any nature or kind, including costs and expenses to which they may be subject to or on account of any or all suits or damages of any character whatsoever resulting from injuries or damages sustained by any person or persons or property by virtue of performance of this contract, arising or resulting in whole or in part from the fault, negligence, wrongful act or wrongful omission of the contractor, or any subcontractor, their employees, and agents.

(End of clause)

TC "20. 1352.233-71 SERVICE OF PROTESTS (MAR 2000)" \f C \l "2"

20. 1352.233-71 SERVICE OF PROTESTS (MAR 2000)

An agency protest may be filed with either (1) the Contracting Officer, or (2) at a level above the Contracting Officer, with the agency Protest Decision Authority. See 64 Fed. Reg. 16,651 (April 6, 1999) (Internet site: http://oamweb.osec.doc.gov/conops/reflib/alp1296.htm) for the procedures for filing agency protests at the level above the Contracting Officer (with the Protest Decision Authority).

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

Laura Olesen-Berge

U.S. Dept. of Commerce

Natl. Inst. of Stds. and Tech.

Acquisition Mgmt. Div.

100 Bureau Dr., M/S 1640

Bldg. 301/Rm. B125

Gaithersburg, MD 20899-1640

FAX: 301/975-3839

If a protest is filed with either the Protest Decision Authority, or with the General Accounting Office (GAO), a complete copy of the protest (including all attachments) shall be served upon both the Contracting Officer and Contract Law Division of the Office of the General Counsel within one day of filing with the Protest Decision Authority or with GAO. Service upon the Contract Law Division shall be made, as follows:

U.S. Department of Commerce

Office of the General Counsel

Contract Law Division--Room 5893

Herbert C. Hoover Building

14th Street and Constitution Avenue, N.W.

Washington, D.C. 20230.

Attn: Mark Langstein, Esquire

FAX: (202) 482-5858

(End of clause)

TC "21. 1352.237-73 KEY PERSONNEL (MAR 2000)" \f C \l "2"

21. 1352.237-73 KEY PERSONNEL (MAR 2000)

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

TBD 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 "22. 1352.246-70 INSPECTION AND ACCEPTANCE (MAR 2000)" \f C \l "2"

22. 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:

Natl. Inst. of Stds. and Tech.

100 Bureau Dr.

M/S 8200

Bldg. 220 / Rm. B322

Gaithersburg, MD

20899-8200

(End of clause)

TC "23. NIST LOCAL_04 BILLING INSTRUCTIONS" \f C \l "2"

23. 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)

TC "24. NIST LOCAL_36 TRAVEL NOTE" \f C \l "2"

24. 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)

are not attached.

a. NAME OF QUOTER

c. COUNTY

AREA CODE

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