SB1341-10-RQ-0732.doc

SCHEDULE Continued

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

NB852040-A-06677

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 20899-1621

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

THE CONTRACTOR SHALL PROVIDE A FIRM FIXED-PRICE QUOTATION, IN ACCORDANCE WITH THE GOVERNMENT'S PERFORMANCE WORK STATEMENT (PWS) INCORPORATED HEREIN, IN SUPPORT OF THE FOLLOWING:

PLACE OF PERFORMANCE:

The place of performance shall be the NIST, Gaithersburg, MD campus, PERIOD OF PERFORMANCE:

The period of performance shall be 09/27/2010 through 09/26/2011

DUNS NO.: _________________________

IS THE PROJECTED KEY PERSONNEL OF U.S. CITIZENSHIP?

YES NO

IF NO, VISA STATUS IS: ___________________

AND SUBMIT DOCUMENTATION OF THE VISA / PASSPORT / WORK CARD, ETC.

PERFORMANCE WORK STATEMENT

Synthesis and Characterization of Coated Nanoparticles for Standard Reference Material Development

A. BACKGROUND:

The National Institute of Standards and Technology (NIST) Ceramics Division is currently developing Standard Reference Materials (SRMs) and Reference Materials (RMs) for nanocalorimetry measurements. Many advanced calorimeters measure materials and structures with micrometer and sub-micrometer length scales. In order to enable innovation and speed development of such measurements, melting point (and/or solidification point) reference materials are required at the nano-scale to optimize materials measurements, materials selection based on thermodynamic properties, thermal performance related to manufacturing processes, and reliability predictions. Fundamental thermal properties underlying all aspects of nanoscale thermal behavior, such as melting points, heat capacity, thermal conductivity and the size dependence of these properties are required for the development of small-scale technologies such as thermally dependent micro- and nano-electromechanical systems (MEMS and NEMS).

Nanocalorimetry is a method to measure the thermal and thermodynamic properties of nanomaterials and is currently the principal technique for the measurement of micro- to nano-scale thermal properties for a wide variety of materials and structures. Precision and accuracy in these measurements is dependent on the precision and accuracy of temperature measurements which, in turn, depend on the calibration of the temperature sensors on the nanocalorimeter chips. Despite efforts to develop new generations of nanocalorimeter chips, true accuracy, SI traceability and precision temperature measurement methods have not yet been developed and require new strategies for chip calibration to implement. In order to establish and improve the accuracy and precision of this technique, it is necessary to develop new standard reference materials for chip calibration over the range from room temperature to 1000 °C.

The objective of this project is to investigate the use of suitable techniques to synthesize and characterize a collection of solidification point (e.g. temperature) standard reference materials based on coated nanoparticles that are related to the ITS-90 temperature scale.

B. SCOPE OF WORK

The Contractor shall synthesize coated metal nanoparticles as standard reference materials for use with chip based nanocalorimeters and characterize these materials using electron microscopy, conventional Differential Scanning Calorimetry (DSC) and Thermogravimetry (TGA) and nanocalorimetry. The Contractor shall use facilities and instruments in NIST’s Building 223, Rooms A310 and A328-A330 to measure the melting temperature and solidification temperature of coated nanoparticles for use in a standard reference material. The number of experiments shall be sufficient to derive reliable conclusions. For example, for correlation tests, values of R-squared greater than 0.8 or less than 0.2 will be expected to confirm or refute relationships. For temperature determinations, the coefficient of variation (standard deviation/mean) of less than 0.05 is required.

C. APPLICABLE DOCUMENTS

1. NIST Technical Note 1297, “Guidelines for Evaluating and Expressing Uncertainty of NIST Measurement Results” (http://physics.nist.gov/Pubs/guidelines/contents.html).

2. NIST Special Publication 811, “Guide for the Use of the International System of Units (SI)” (http://physics.nist.gov/cuu/pdf/sp811.pdf).

D. SPECIFIC TASKS AND PERFORMANCE REQUIREMENTS

The Contractor shall provide all support for project oversight, administration and technical execution of this task order.

The Contractor is responsible for maintaining accurate records of project activities.

The Contractor shall complete the following tasks:

Task 1

Characterization of bare metal nanoparticles: Use electron microscopy, DSC, TGA and Fourier Transform Infrared Spectroscopy (FTIR) (if needed) to measure the melting and solidification temperatures of bare metal nanoparticles (provided by NIST) and compare with published values. The bare metal nanoparticles may be synthesized (if required) or commercially purchased (NIST will provide).

Task 2

Coat metal nanoparticles with inert coatings: The metal nanoparticles characterized in Task 1 shall be coated with an inert coating (such as silica) to prevent mixing and limit oxidation.

Task 3

Measurements on coated nanoparticles: Contractor shall conduct experiments to validate the coating process and confirm the melting/solidification temperature of the coated nanoparticles. Measurements shall be made on one type of nanoparticle at a time as well as mixtures of nanoparticles with different melting points.

Task 4

Measure the rate dependence of measurements on coated nanoparticles to establish limits on their use as a standard reference material: Contractor shall make measurements on the coated nanoparticles at various heating and cooling rates (using both conventional DSC and nanocalorimeters) to show the rate dependence of melting and solidification temperatures.

Performance Standards

The Contractor shall ensure that all research procedures shall be fully documented such that the research could be duplicated independently. The accuracy of the results shall be consistent with similar measurements in the recent published literature. Uncertainty analysis shall comply with NIST publication requirements as specified in Technical Note 1297, “Guidelines for Evaluating and Expressing Uncertainty of NIST Measurement Results” (http://physics.nist.gov/Pubs/guidelines/contents.html). Reports shall use SI units as specified in NIST Special Publication 811, “Guide for the Use of the International System of Units (SI)” (http://physics.nist.gov/cuu/pdf/sp811.pdf).

Quality of work will be assessed by the Technical Information Contact (TIC), based on the Contractor’s proficiency in nanoparticle synthesis and characterization as determined by comparison with freezing/melting point and uncertainty levels of comparable measurements in the scientific literature, and by the suitability of data to the purpose, i.e., by meeting the correlation coefficient and relative standard deviation values set forth above. Reports will be examined and reviewed by the TIC to evaluate the Contactor’s performance.

E. DELIVERABLES AND DUE DATES

The Contractor shall prepare and submit task-based reports to the TIC within five business days of completion of a task. All reports shall be submitted electronically in MS Word format. Each report shall contain the following sections: Introduction, Experimental Procedure, Data Analysis, and Summary or Conclusions. Each report shall identify the equipment used, the specimen preparations, the measurement conditions, raw and processed measurement results, images as constructed in the tasks, and all calculated or otherwise derived results specified in the tasks. Portions of the reports shall be prepared in the style of manuscripts suitable for submission to peer-reviewed technical journals such as Applied Physics Letters or Journal of Applied Physics. Four reports are required:

Report for Task 1

Submit a report on the characterization of bare metal nanoparticles showing results from electron microscopy, DSC, TGA and nanocalorimetry.

Report for Task 2

Submit a report on the characterization of coated metal nanoparticles with inert coatings showing results from electron microscopy.

Report for Task 3

Submit a report on the characterization of coated metal nanoparticles showing results from DSC, TGA and nanocalorimetry on single types of nanoparticles and mixtures of nanoparticles.

Report for Task 4

Submit a report on the measurements of coated nanoparticles at various heating and cooling rates (using both conventional DSC and nanocalorimeters) to show the rate dependence of melting and solidification temperatures.

Standards for Acceptance of Deliverables: The TIC will provide comments on each report within 5 calendar days from receipt. The Contractor shall make any needed changes to the report within 7 calendar days from receipt of electronic or written comments from the TIC. The TIC will provide written notification when a deliverable is accepted.

F. PERIOD OF PERFORMANCE AND PLACE OF PERFORMANCE

The period of performance shall be from September 27, 2010 to September 26, 2011.

All work shall be accomplished at the NIST, Gaithersburg, MD campus. Normal duty hours are Monday through Friday 7AM-7PM with the exception of Federal holidays or other official closures. A standard 40 hour work week is expected.

Facility/Building/Campus Closures: During anticipated closure of the NIST campus due to declared training holidays, administrative leave granted to the entire government staff, or other closure, contract employees may not be required to perform services, unless specifically scheduled. In the event of unplanned closure of the facility due to natural disasters, emergency, or severe weather, contract workers who are scheduled to work, shall not report to work unless notified differently by the TIC.

Federal Holidays: The contract employee will not be paid on federal holidays unless contract employee is scheduled to work on a holiday and will be paid for hours worked at the hourly rate established in the contract. The following is a list of legal federal holidays as referred to elsewhere in the contract. Contract employees may be required to work on legal holidays as determined by the COTR or OU Division Chief.

· New Year’s Day, January 1st

· Martin Luther King’s Birthday, 3rd Monday in January

· President’s Day, 3rd Monday in February

· Memorial Day, Last Monday in May

· Independence Day, July 4th

· Labor Day, 1st Monday in September

· Columbus Day, 2nd Monday in October

· Veteran’s Day, November 11th

· Thanksgiving Day, 4th Thursday in November

· Christmas Day, December 25th

G. GOVERNMENT-FURNISHED PROPERTY, DATA, AND/OR INFORMATION

Any property, data and/or information provided by the Government during performance of this effort remains the property of the Government and shall be surrendered to the Government upon completion or termination of this requirement. Likewise, all deliverables generated under this requirement remain the property of the Government.

Government-furnished equipment will be provided in an as-is condition and in a working condition.

The Government will provide the Contractor with a NIST AFM, associated instrumentation and hardware required for micro-electrode construction and application, and a NIST computer for data analysis and report production. These facilities will be maintained and provided by the Nanomechanical Properties Group of the NIST Ceramics Division. The Government will also provide an office, furnished with a desk, chair, computer and a telephone.

H. RISK ASSESSMENT

The HSPD-12 Security Risk Level assigned to this project is low.

I. TRAVEL

No travel is required.

J. DELIVERABLES AND PAYMENT SCHEDULE

The Contractor may invoice the Government upon notification from the TIC that a given deliverable is of acceptable quality and that all other assigned tasks are up to date.

K. CONTRACTOR’S MINIMUM QUALIFICATIONS

The Contractor shall be a chemist with a Ph.D. degree in Chemistry and at least two years work experience in:

1. Synthetic chemistry.

2. Liquid phase synthesis of nanoparticles

3. Liquid phase coating of nanomaterials

The position requires demonstrated experience in:

4. Characterization of materials using electron microscopy.

5. Characterization of materials using differential scanning calorimetry (DSC).

6. Characterization of materials using thermogravimetric analysis (TGA)

7. Characterization of materials using nanocalorimetry.

L. GENERAL INFORMATION

This work does not involve confidential or proprietary data. The Certification and Accreditation requirements of Clause 1352.239-72 do not apply and a security accreditation package is not required.

Misconduct or Disruption of Services: At any time during the performance period of this project, the Contracting Officer (CO), TIC or Operating Unit (OU) Director may request the Contractor employee be immediately removed from the premises if they determine, at their unilateral discretion, that any of the Contractor employee’s actions or impaired state to be a disruption to the workforce.

Safety: The Contractor employee shall be responsible for knowing and complying with all installation safety prevention regulations. Such regulations include, but are not limited to, general safety, fire prevention, and waste disposal.

Patent Rights: The Government retains a Government use license to all inventions arising from this work.

Security: NIST is a restricted campus. An identification badge is required for access for entry into buildings and also is shown to the armed Security Police when entering the campus.

Identification Badges: Contractor employees shall comply with NIST identification and access requirements. The Contractor employee is responsible for absences due to expired identification and access documents. Each Contractor employee shall wear a visible identification badge provided by the NIST Security Office. The badge must show the full name, title, and if required by NIST, the words “Contractor” in front. The Contractor employee shall turn in the NIST identification badge and vehicle pass to the TIC or Contracting Officer (CO) upon termination of their services under this contract.

Vehicle Registration: All Contractor employees must register their vehicles with the NIST Security Office to gain access to the campus. A valid driver’s license, Government-furnished civilian ID, proof of insurance and current registration must be presented to the NIST Security Office, at which time a NIST vehicle pass will be issued. The pass shall be displayed on the vehicle’s rear view mirror in accordance with instructions. The Contractor employee shall follow NIST procedures for removal and turn-in of the vehicle pass upon termination of services under this contract.

Media Inquiries: The Contractor employee shall not respond to any media inquiries. Any inquiries from the media shall be immediately relayed to the TIC and/or CO. There shall be no interviews, comments, or any other response without the knowledge and approval of the NIST Director.

Productive Direct Labor Hours: The Contractor can only charge the Government for “Productive Direct Labor Hours”, which are defined as those hours expended by Contractor personnel in performing work under this effort. This does not include sick leave, vacation, Government or contractor holidays, jury duty, military leave, or any other kind of administrative leave such as acts of God (i.e., hurricanes, snowstorms, tornadoes, etc.), Presidential funerals or any other unexpected government closures. The Government only pays for hours actually worked by the Contractor employee.

91. 52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008)

2. 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (SEP 2007)

3. 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (JUL 2010)

4. 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (SEP 2006)

5. 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (JUN 2010)

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

7. 52.227-14 RIGHTS IN DATA--GENERAL (DEC 2007)

8. 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984)

9. 52.245-1 GOVERNMENT PROPERTY (AUG 2010)

10. 1352.201-70 CONTRACTING OFFICER'S AUTHORITY (APR 2010)

11. 1352.208-70 RESTRICTIONS ON PRINTING AND DUPLICATING (APR 2010)

12. 1352.209-72 RESTRICTIONS AGAINST DISCLOSURE (APR 2010)

13. 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

14. 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2008)

15. 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

16. 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (AUG 2009)

17. 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUL 2010)

18. 1352.215-72 INQUIRIES (APR 2010)

19. 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

20. 1352.233-70 AGENCY PROTESTS (APR 2010)

21. 1352.237-71 SECURITY PROCESSING REQUIREMENTS - LOW RISK CONTRACTS (APR 2010)

22. 1352.237-75 KEY PERSONNEL (APR 2010)

23. 1352.239-72 SECURITY REQUIREMENTS FOR INFORMATION TECHNOLOGY RESOURCES (APR 2010)

24. 1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

25. 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

26. NIST LOCAL_04 BILLING INSTRUCTIONS

27. NIST LOCAL_07 COMPUTER SECURITY POLICY

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

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

(Reference 4.1105)

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

2. 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (SEP 2007)

(Reference 4.1303)

TC "3. 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (JUL 2010)" \f C \l "2"

3. 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (JUL 2010)

(Reference 4.1401)

TC "4. 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (SEP 2006)" \f C \l "2"

4. 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (SEP 2006)

(Reference 9.409)

TC "5. 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (JUN 2010)" \f C \l "2"

5. 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (JUN 2010)

(Reference 12.301(b)(3))

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

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

(Reference 23.505)

TC "7. 52.227-14 RIGHTS IN DATA--GENERAL (DEC 2007)" \f C \l "2"

7. 52.227-14 RIGHTS IN DATA--GENERAL (DEC 2007)

(Reference 27.409(a))

TC "8. 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984)" \f C \l "2"

8. 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984)

(Reference 37.110(b))

TC "9. 52.245-1 GOVERNMENT PROPERTY (AUG 2010)" \f C \l "2"

9. 52.245-1 GOVERNMENT PROPERTY (AUG 2010)

(Reference 45.107(a))

TC "10. 1352.201-70 CONTRACTING OFFICER'S AUTHORITY (APR 2010)" \f C \l "2"

10. 1352.201-70 CONTRACTING OFFICER'S AUTHORITY (APR 2010)

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 "11. 1352.208-70 RESTRICTIONS ON PRINTING AND DUPLICATING (APR 2010)" \f C \l "2"

11. 1352.208-70 RESTRICTIONS ON PRINTING AND DUPLICATING (APR 2010)

(a) The contractor is authorized to duplicate or copy production units provided the requirement does not exceed 5,000 production units of any one page or 25,000 production units in the aggregate of multiple pages. Such pages may not exceed a maximum image size of 10-3/4 by 14-1/4 inches. A "production unit" is one sheet, size 8-1/2 x 11 inches (215 x 280 mm), one side only, and one color ink. Production unit requirements are outlined in the Government Printing and Binding Regulations.

(b) This clause does not preclude writing, editing, preparation of manuscript copy, or preparation of related illustrative material as a part of this contract, or administrative duplicating/copying (for example, necessary forms and instructional materials used by the contractor to respond to the terms of the contract).

(c) Costs associated with printing, duplicating, or copying in excess of the limits in paragraph (a) of this clause are unallowable without prior written approval of the Contracting Officer. If the contractor has reason to believe that any activity required in fulfillment of the contract will necessitate any printing or substantial duplicating or copying, it shall immediately provide written notice to the Contracting Officer and request approval prior to proceeding with the activity. Requests will be processed by the Contracting Officer in accordance with FAR 8.802.

(d) The contractor shall include in each subcontract which may involve a requirement for any printing, duplicating, and copying in excess of the limits specified in paragraph (a) of this clause, a provision substantially the same as this clause, including this paragraph (d).

(End of clause)

TC "12. 1352.209-72 RESTRICTIONS AGAINST DISCLOSURE (APR 2010)" \f C \l "2"

12. 1352.209-72 RESTRICTIONS AGAINST DISCLOSURE (APR 2010)

(a) The contractor agrees, in the performance of this contract, to keep the information furnished by the Government or acquired/developed by the contractor in performance of the contract and designated by the Contracting Officer or Contracting Officer's 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 described 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 has occurred.

(b) The contractor agrees that it will not disclose any information described in subsection (a) to any person 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 "13. 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)" \f C \l "2"

13. 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

(a) Purpose. The purpose of this clause is to ensure that the contractor and its subcontractors:

(1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work under this contract, and

(2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract.

(b) Scope. The restrictions described herein shall apply to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest (hereinafter collectively referred to as "contractor") in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both.

(c) Warrant and Disclosure. The warrant and disclosure requirements of this paragraph apply with full force to both the contractor and all subcontractors. 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, and that the contractor has disclosed all relevant information regarding any actual or potential conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor's impartiality because of the appearance or existence of bias or an unfair competitive advantage. Such disclosure shall include a description of the actions the contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest.

(d) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the contract for default, suspend or debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract.

(e) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and (g), in any subcontract or consultant agreement at any tier expected to exceed the simplified acquisition threshold. The terms "contract," "contractor," and "Contracting Officer" shall be appropriately modified to preserve the Government's rights.

(f) Prime Contractor Responsibilities. The contractor shall obtain from its subcontractors or consultants the disclosure required in FAR Part 9.507-1, and shall determine in writing whether the interests disclosed present an actual, or significant potential for, an organizational conflict of interest. The contractor shall identify and avoid, neutralize, or mitigate any subcontractor organizational conflict prior to award of the contract to the satisfaction of the Contracting Officer. If the subcontractor's organizational conflict cannot be avoided, neutralized, or mitigated, the contractor must obtain the written approval of the Contracting Officer prior to entering into the subcontract. If the contractor becomes aware of a subcontractor's potential or actual organizational conflict of interest after contract award, the contractor agrees that the Contractor may be required to eliminate the subcontractor from its team, at the contractor's own risk.

(g) Waiver. The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the contractor may at any time seek a waiver from the Head of the Contracting Activity by submitting such waiver request to the Contracting Officer, including a full written description of the requested waiver and the reasons in support thereof.

(End of clause)

TC "14. 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2008)" \f C \l "2"

14. 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2008)

(a) "North American Industry Classification System (NAICS) code and small business size standard." The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) "Submission of offers." Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) "Period for acceptance of offers." The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) "Product samples." When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) "Multiple offers." Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) "Late submissions, modifications, revisions, and withdrawals of offers."

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)

(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) "Contract award (not applicable to Invitation for Bids)." The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer 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 offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h)" Multiple awards." The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) "Availability of requirements documents cited in the solicitation."

(1)

(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--

GSA Federal Supply Service Specifications Section

Suite 8100

470 East L'Enfant Plaza, SW

Washington, DC 20407

Telephone (202) 619-8925

Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (http://assist.daps.dla.mil).

(ii) Quick Search (http://assist.daps.dla.mil/quicksearch).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) "Data Universal Numbering System (DUNS) Number." (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS+4" followed by the DUNS or DUNS+4 number that identifies the offeror's name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) "Central Contractor Registration." Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

(l) "Debriefing." If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (ADDENDUM)

Para (a) North American Industry Classification System (NAICS) code and small business size standard. The following is added: The subject requirement under this solicitation reserved 100% for small business. NAICS code for the requirement is 541712, size standard is 500 employees.

(1) GENERAL INSTRUCTIONS:

A. Period for Acceptance of Offers. Quotations shall remain valid for acceptance for a minimum of 60 days from receipt of quotation.

B. Quotations are expected to conform to solicitation provisions and be prepared in accordance with this section. To aid in evaluation, a quotation shall be clearly and concisely written as well as being neat, indexed (cross-indexed as appropriate) and logically assembled. All pages of each part shall be appropriately numbered and identified with the name of the offeror, the date, and the solicitation number. A one page transmittal letter signed by an individual authorized to commit the organization shall be transmitted with the quotation to the Government. Each quotation shall be on 8 and ½-inch x 11-inch paper, in a commercially standard font, not smaller than 12 point font. Each page in the quotation shall be separately numbered. The quotation shall be limited to fifteen (15) single-sided pages, single-spaced (excluding letter of transmittal, resumes, representations, certifications, cover letter and letters of commitment)

C. Quotations shall be submitted electronically by email to randy.schroyer@nist.gov in MSWord or Adobe Acrobat pdf format by 4:00 PM EDT on September 2, 2010. It is the responsibility of the offeror to ensure delivery of the quotation is on time and to confirm receipt of quotation delivery date and time.

D. Any questions regarding this solicitation shall be submitted in writing to randy.schroyer@nist.gov by August 26, 2010. The Government will only respond to written questions.

(2) QUOTATION CONTENT:

Each quotation shall consist of three separate electronic files: (a) Technical Quotation (b) Past Performance/References and (c) Business/Price Quotation. The contents of each shall be as follows:

A. Volume I Technical Quotation: No pricing information shall be included in the technical quotation. The technical quotation shall include the following:

Subfactor 1: Technical Approach – the offeror shall provide sufficient information to demonstrate its understanding of the requirements, providing a concise, detailed, and thorough discussion of its technical approach to successfully provide the services required.

Subfactor 2: Qualifications / Experience – the offeror shall describe its experience in performing similar services in the area of optical nanocalorimetry. The offeror shall also demonstrate that its key personnel has the qualifications described in Section K of the Performance Work Statement (PWS).

B. Volume II Past Performance/References: Shall include the following:

The offeror shall provide at least three examples of past performance conducted within the last three years of contracts of relevant work of a similar type and scope as the current requirement with federal, state or local governments and/or commercial customers. If the offeror has no relevant past performance it should include a statement to that effect in its proposal. The government reserves the right to consider past performance data obtained from sources other than those provided by the offeror in its proposal.

The description of each reference described in this section shall not exceed a half page. For each of the contracts, the offeror shall provide the following information:

· Contract number

· Client’s name and address

· Dollar value

· Period of performance

· Narrative describing the requirement and its relevance to the current requirement

· Name of contracting officer or point of contact, telephone number and e-mail address

The offeror may include: a) past performance information regarding any problems encountered on the contracts described above and corrective actions taken to resolve those problems; and b)Any quality awards or certifications, letters of appreciation, commendations, industry recognition of excellence or special awards received with respect to performance of services. The offeror shall describe when the award, certification, etc. was received, and may provide as an attachment to this part.

C. Volume III Business/Price Quotation: Shall include the following:

1. Completed price schedule, block 24

2. Completed SF1449 including Offeror’s DUNS no., U.S. citizenship status and point of contact information providing name, telephone number and email address. The person signing the SF1449 shall have the authority to commit the offeror to all of the provisions of the quotation, fully recognizing that the Government has the right, by the terms of the solicitation, to make an award without further discussion if it so elects.

3. Signed amendments to the solicitation, if any are issued.

4. Completed FAR 52.212-3, Offeror Representations and Certifications, which can be found at http://orca.bpn.gov

5. Price - firm, fixed-price for the required technical services; the following tables shall be used for calculation purposes:

PROPOSED LABOR CATEGORIES

Task 1: Characterize Bare Metal Nanoparticles

1.

2.

Total Cost

Task 2: Coat Metal Nanoparticles with Inert Coatings

1.

2.

Total Cost

Task 3: Measurements on Coated Nanoparticles

1.

2.

Total Cost

Task 4: Measure the Rate Dependence of Measurements on Coated Nanoparticles to Establish Limits on Using as an SRM

1.

2.

Total Cost

(End of Provision)

TC "15. 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)" \f C \l "2"

15. 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose quotation, conforming to the solicitation, is the most highly rated and represents the best value to the Government, non-price factors and price considered.

(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 and 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) Quotations will be evaluated based on the non-price factors listed below in descending order of importance. Technical and Past Performance, when combined, are significantly more important than price. 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 offeror shall demonstrate:

Technical -

Subfactor 1 Technical Approach

The Government will evaluate the offeror's technical approach based on the information contained in the technical quotation to determine the extent of its understanding of the requirements, including the soundness of the offeror's proposed methodology to effectively meet and comply with the tasks outlined in the PWS, to ensure successful performance of this procurement and limit any risks associated with the offeror's technical approach.

Subfactor 2 Qualifications / Experience

The Government will evaluate the offeror and key personnel experiences and the resume(s) of its proposed key personnel to determine the nature and extent of the offeror's successful completion of similar services related to optical nanocalorimetry.

Past Performance/References -

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 in the past three years. In assessing the offeror's past performance, NIST will evaluate the quality, timeliness, and ability to control cost and schedule of the past work. The Government will assign a neutral rating to offerors with no relevant past performance.

Price - the Government will evaluate the offeror's proposed hourly rate(s) and labor category(ies), as added together and multiplied by the offerors proposed level of effort to derive a total price to determine whether it is realistic and fair and reasonable

The proposed price will be evaluated but not scored. This price evaluation will determine whether the proposed price is fair and reasonable in relation to the solicitation requirements. The proposed price shall be entirely compatible with the technical quotation.

Although price is the least important evaluation factor, it will not be ignored. The degree of importance of the proposed price will increase with the degree of equality of…