RFP-ServiceNow.pdf

Solicitation:

SB1341-14-RP-0038

Agency/Office:

National Institute of Standards and Technology (NIST) Location:

Acquisition Management Division Title:

Support Services for Service Management and Process Automation System

Description(s):

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice.

THIS ACQUISITION IS BEING PROCURED USING SIMPLIFIED ACQUISITION

PROCEDURES UNDER THE AUTHORITY OF FAR PART 13.5. THIS ANNOUNCEMENT

CONSTITUTES THE ONLY SOLICITATION; QUOTATIONS ARE BEING REQUESTED

AND A WRITTEN SOLICITATION DOCUMENT WILL NOT BE ISSUED.

This solicitation is a Request for Proposal (RFP). This solicitation document and incorporated clauses are those in effect through Federal Acquisition Circular 2005-74.

The associated North American Industrial Classification System (NAICS) code for this procurement is 541519 and the size standard is $35.5 million. This acquisition is being conducted as a small business set-aside.

Offerors will be responsible for obtaining related amendments to this solicitation, if any, from www.fbo.gov. It is the responsibility of each potential offeror to monitor www.fbo.gov for any amendments or other information related to this solicitation. Any communications regarding this acquisition must be made in writing and forwarded via email to Divya Soni at divya.soni@nist.gov, and mimi.robinson@nist.gov and shall identify the solicitation number, company name, company address, as well as point of contact email address and phone number.

Any/all questions shall be sent to the identified emails no later than June 30, 2014 at 12pm Eastern time. The Government will not respond to any questions received after this date and time.

The mission of the Office of Information Systems Management (OISM) is to strengthen the research programs at the National Institute of Standards and Technology (NIST) through the effective, efficient and secure utilization of Information Technology (IT). The organization has adopted the ITIL Service Management framework for the delivery of services. ITIL is about delivering a set of services to the business customer through a descriptive framework of the http://www.fbo.gov/ mailto:divya.soni@nist.gov service lifecycle and the associated processes that enable information technology organizations to develop the right people skills in a culture of service excellence. To provide this Service Management framework, lifecycle, and collection of processes, NIST has deployed ServiceNow, which is a Service Management and Automation system that is provided as a cloud based Software as a Service (SaaS).

This solicitation is for the procurement of contractor support from ServiceNow Partners to provide for operation and maintenance, system enhancements, new development, and training for the existing Service Management and Automation system (ServiceNow), as outlined below and in the attached Statement of Work (SOW), through an Indefinite-Delivery Indefinite-Quantity (IDIQ) type contract:

Note: Although the quantity for each line item is “one (1)”, partial payments will be allowed.

Line Item 0001:

Description: The Contractor shall provide support and technical expertise in accordance with the attached SOW.

Period of Performance: Twelve months from date of award Quantity: 1 LO Amount: Not-to-Exceed $842,370.00

Line Item 0002:

Description: Other Direct Costs (ODCs) for Line Item 0001.

Period of Performance: Twelve months from date of award Quantity: 1 LO Amount: Not-to-Exceed $30,000.00

Line Item 0003 (Option):

Description: Option Period One - The Contractor shall provide support and technical expertise in accordance with the attached SOW.

Period of Performance: Twelve months from end of base period.

Quantity: 1 LO Amount: Not-to-Exceed $870,585.00

Line Item 0004 (Option):

Description: Other Direct Costs (ODCs) for Line Item 0003.

Period of Performance: Twelve months from end of base period.

Quantity: 1 LO

Amount: Not-to-Exceed $15,000.00

Line Item 0005 (Option):

Description: Option Period Two - The Contractor shall provide support and technical expertise in accordance with the attached SOW.

Period of Performance: Twelve months from end of previous period.

Quantity: 1 LO Amount: Not-to-Exceed $764,050.00

Line Item 0006 (Option):

Description: Other Direct Costs (ODCs) for Line Item 0005.

Period of Performance: Twelve months from end of previous period.

Quantity: 1 LO Amount: Not-to-Exceed $30,000.00

Line Item 0007 (Option):

Description: Option Period Three - The Contractor shall provide support and technical expertise in accordance with the attached SOW.

Period of Performance: Twelve months from end of previous period.

Quantity: 1 LO Amount: Not-to-Exceed $616,585.00

Line Item 0008 (Option):

Description: Other Direct Costs (ODCs) for Line Item 0007.

Period of Performance: Twelve months from end of previous period.

Quantity: 1 LO Amount: Not-to-Exceed $15,000.00

Line Item 0009 (Option):

Description: Option Period Four - The Contractor shall provide support and technical expertise in accordance with the attached PWS.

Period of Performance: Twelve months from end of previous period.

Quantity: 1 LO Amount: Not-to-Exceed $359,600.00

PROPOSAL PREPARATION/SUBMISSION INSTRUCTIONS

Offerors shall submit their proposals in two separate volumes as detailed in this section of the solicitation. All proposals shall be submitted so that they are received at NIST no later than 12:00 PM EST on July 3, 2014.

All proposals shall conform to the solicitation provisions and be prepared in accordance with this section. The proposal shall be clearly and concisely written as well as neat, indexed (cross-indexed as appropriate) and logically assembled. All pages of the proposal shall be appropriately numbered. Page limits are provided below. In all sections of the Offeror’s proposal, the Offeror must use a font size no smaller than 11 pitch and no larger than 14 pitch, and must use margins no less than 1 inch on top/bottom/left/right. Text within a graphic shall comply with the font/pitch size requirements.

The Offeror shall submit one original copy of the entire proposal on one (1) compact disc or DVD, four (4) hardcopies of the Technical Volume and two (2) hardcopies of the Business Volume to the address identified in the solicitation notice, by the response deadline identified above.

Offerors shall clearly identify all pages of the quote that are proprietary. Failure to do this may result in release of information via a FOIA, if requested.

Offerors must submit all questions concerning this solicitation in writing to divya.soni@nist.gov and todd.hill@nist.gov. Questions shall be received no later than June 23, 2014. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract.

OVERALL ARRANGEMENT OF PROPOSALS

Volume I – TECHNICAL Volume

There shall be no pricing information or labor rates included in the Technical Volume. The Offeror shall submit Volume I in distinct sections for the following Factors A through F, along with an attachment for Part I of Past Performance Information Questionnaires, if applicable.

Volume I is limited to no more than forty (40) pages; any pages beyond the 40th page will not be evaluated. The Cover Page, Transmittal Letter, Table of Contents, Past Performance Information, Resumes, and Visa documents are not included in the 40 page limit.

The basis for award is Best Value.

The Offeror shall submit the following as part of Volume I:

Factor A – TECHNICAL AND MANAGEMENT APPROACH

The Offeror shall provide a written, detailed Technical and Management Approach for how it proposes to satisfy the requirements of the SOW of the base contract and Task Orders 1, 2 and 3.

The SOWs for the base contract and the first three task orders are attached. If the Offeror’s proposal reiterates the SOW without providing sufficient detail for the Government to evaluate how the Offeror proposes to satisfy the requirements of the SOW, the proposal will not be further evaluated, and the Offeror will not be considered for award.

The Technical and Management Approach shall include the following components:

1. A detailed description of the content of each Task Type to be performed under the IDIQ that demonstrates the offeror's understanding and familiarity with the technology, support processes, and best practices required to successfully deliver Task Type requirements

2. A discussion of the methodology to be used for managing and delivering task orders under the IDIQ, including:

• the offeror's technical approach and capability to conduct the requirements of each task in the SOW to demonstrate its overall understanding of the requirements and the extent to which its proposed approach will ensure successful performance of this effort.

• the offeror's proposed processes and methodologies for Project Management, Software/System Development Lifecycle, and Release and Deployment to demonstrate if adequate procedures are in place to ensure successful performance of this effort.

3. A detailed technical approach for each of the first three task orders that demonstrates the offeror's understanding and familiarity with the work required to perform each task order.

i.

Factor B – SPECIALIZED EXPERIENCE

The Offeror’s proposal shall contain information demonstrating the relevance of the Offeror's experience as it relates to the knowledge and operations of similar services.

Vendor Partnership Level:

The contractor shall provide documentation from the vendor (ServiceNow) proving their partnership level with ServiceNow (Master, Preferred, or Authorized)Key / Proposed Personnel for the IDIQ and first three task orders:

• The Contractor shall provide qualified personnel to provide the required level of services. Key personnel must have:

i. relevant experience and certifications where required to successfully perform Task Areas

ii. an active FIN 10-06 Designation level for a Tier 2 “Moderate Risk” position and a favorable MBI investigation, or obtain clearance for this designation level within 30 days of the contract or Task Order award date.

The Contracting Officer’s Representative (COR) will provide the appropriate forms after Task Order award.

iii. In the event of termination or re-assignment of key personnel, the Contractor shall notify the Government in writing two (2) weeks prior to termination or re-assignment. In the event of an unexpected resignation of assigned personnel, the contractor shall notify the Government within 24 hours of their knowing. The Contractor shall provide a resume to the COR for approval of a replacement with equal or greater technical expertise to ensure timely completion of project objectives. Personnel are subject to approval by the COR before acceptance as participating staff on the project.

• The contractor shall provide a staffing approach to meet future needs and Task Orders with qualified personnel. The proposal shall provide:

i. Resumes for Key Personnel detailing relevant experience, certifications, knowledge, skills, and abilities

ii. Assignment of Key Personnel with respect to the Task Types and the management approach

Statement of staffing procedures in retaining and obtaining qualified Key Personnel

Factor C - PAST PERFORMANCE

The offeror shall provide past performance information regarding relevant contracts over the past five

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

The description of each contract/order described in this section shall not exceed one half page in length.

For each contract/order, the offeror shall provide the following information:

1. Contract number;

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

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

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

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

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

Volume II – BUSINESS Volume (Factor D – Price)

The Offeror shall submit the following as part of Volume II:

A. Base Contract Pricing - The Offeror shall submit its price information based on its proposed fixed-price fully burdened hourly labor rates for each proposed labor category.

The Offeror shall propose fixed fully burdened hourly labor rates for each labor category it proposes for each year throughout the projected life of this contract. NIST anticipates the award of an Indefinite-Delivery, Indefinite-Quantity (IDIQ) contract for one (1) base period of twelve

(12) months from date of award plus four (4) twelve-month option periods. The Offeror shall assume that the contract will begin on October 1, 2014. Therefore, each proposed labor category shall be assigned a fixed fully burdened hourly labor rate for the base period and each of the four option periods.

The Offeror shall propose fixed fully burdened hourly labor rates for the following periods. The Offeror shall assume for price proposal preparation purposes that the contract will begin on October 1, 2014. However, these dates are not binding and the actual period of performance of the base contract may be different than listed below:

Base Period: October 1, 2014 – September 30, 2015

Option Period I: October 1, 2015 – September 30, 2016

Option Period II: October 1, 2016 – September 30, 2016

Option Period III: October 1, 2017 – September 30, 2018

Option Period IV: October 1, 2018 – September 30, 2019

The Offeror’s fully burdened hourly labor rates must reflect the current market labor rates with any discounts provided. Current significant budgetary constraints demand that the impact of these constraints and ownership of the solution be shared throughout the public sector including its contractors. Offerors are asked to consider reduction or elimination of costs/pricing of the escalation of labor hour rates during the performance period of this contract. If the proposed labor rates will increase throughout the life of the contract, the Offeror shall provide a justification for the escalation of each proposed fixed fully burdened hourly labor rate for each period. For example, if the proposed labor rates increase by 2% each period, a justification for this increase shall be submitted in the Business Volume.

A. Task Orders 1 - 3 Pricing - The Offeror shall also propose pricing for Task Orders 1, 2 and 3 and describe its proposed labor mix for each.

The pricing breakdown shall include the number of hours proposed per contract employee and the corresponding fully burdened hourly labor rates from the Base Contract Pricing. The proposed number of hours for each proposed contract employee shall be clearly identified and associated with the applicable labor category for each contract employee. For proposal preparation purposes, the Offeror shall assume a start date of October 1, 2014 for all three task orders.

In order to facilitate the award process, ALL offers shall include a statement regarding the terms and conditions herein as follows:

The Offeror shall state “The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition.”

OR

The Offeror shall state “The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:

Offeror shall list exception(s) and rationale for the exception(s)”

Please note that this procurement is not being conducted under the GSA Federal Supply Schedule (FSS) program or another Government-Wide Area Contract (GWAC). If an Offeror submits a quotation based upon an FSS or GWAC contract, the Government will accept the quoted price. However, the terms and conditions stated herein will be included in any resultant Purchase Order, not the terms and conditions of the Offeror's FSS or GWAC contract, and the statement required above shall be included in the quotation.

The successful Offeror must be actively registered in the System for Award Management (SAM) at the website https://www.sam.gov. Failure or refusal to register in SAM will forfeit award.

52.212-2 EVALUATION – COMMERCIAL ITEMS (JAN 1999)

The Government will award a contract(s) resulting from this solicitation to the responsible Offeror(s) whose offer, conforming to the solicitation, represents the best value to the Government, price and non-price factors considered.

Price Evaluation

The Government intends to use a price/non-price factors tradeoff process to award a multiple award Indefinite-Delivery, Indefinite-Quantity (IDIQ) type contract on a Best Value basis, evaluated price and other factors considered. The Government intends to award between two (2) to four (4) contracts as a result of this solicitation.

Upon receipt of proposals, the Contracting Officer will review them to determine if each Offeror followed all of the proposal preparation/submission instructions in this solicitation. A proposal that did not follow the proposal submission instructions may be deemed unacceptable and may not be further evaluated.

Each proposal will be evaluated using the factors described below. An Offeror’s failure to address any factor may be considered indicative of the Offeror’s lack of understanding of the Government’s requirements and may result in that proposal’s being determined to be unacceptable.

Evaluation Factors for Award:

FACTOR A – TECHNICAL AND MANAGEMENT APPROACH

FACTOR B – SPECIALIZED EXPERIENCE

FACTOR C – PAST PERFORMANCE

FACTOR D – PRICE

Factor A – TECHNICAL AND MANAGEMENT APPROACH

The Government will evaluate the Offeror’s proposed Technical and Management Approach to assess the Offeror’s ability to successfully complete the requirements and its approaches to fulfilling the objectives stated in the SOW of the base contract and Task Orders 1, 2 and 3.

The Government will evaluate the degree to which the proposal defines:

4. A detailed description of the content of each Task Type to be performed under the IDIQ that demonstrates the offeror's understanding and familiarity with the technology, support processes, and best practices required to successfully deliver Task Type requirements

5. A discussion of the methodology to be used for managing and delivering task orders under the IDIQ, including:

• the offeror's technical approach and capability to conduct the requirements of each task in the SOW to demonstrate its overall understanding of the requirements and the extent to which its proposed approach will ensure successful performance of this effort.

• the offeror's proposed processes and methodologies for Project Management, Software/System Development Lifecycle, and Release and Deployment to demonstrate if adequate procedures are in place to ensure successful performance of this effort.

6. A detailed technical approach for each of the first three task orders that demonstrates the offeror's understanding and familiarity with the work required to perform each task order.

Factor B – SPECIALIZED EXPERIENCE

The Government will evaluate the manner and extent to which the Offeror demonstrates its experience as it relates to the knowledge and operations of similar services as well as its partnership level with ServiceNow.

The Government will evaluate proposed Key / Proposed Personnel for the IDIQ and first three task orders and the extent to which the Offeror proposes qualified personnel to provide the required level of services who have:

iii. relevant experience and certifications where required to successfully perform Task Areas

iv. an active FIN 10-06 Designation level for a Tier 2 “Moderate Risk” position and a favorable MBI investigation, or obtain clearance for this designation level within 30 days of the contract or Task Order award date.

The Contracting Officer’s Representative (COR) will provide the appropriate forms after Task Order award.

The Government will evaluate the Offeror’s staffing approach to meet future needs and Task Orders with qualified personnel, including staffing procedures in retaining and obtaining qualified Key Personnel.

Factor C - PAST PERFORMANCE

The Government will evaluate the Offeror's past performance information and, if appropriate, its proposed subcontractors' past performance to determine its relevance to the current requirement and the extent to which it demonstrates that the offeror has successfully completed relevant contracts in the past five years. In assessing the offeror's past performance information, NIST will evaluate, as appropriate, successful performance of contract requirements, quality and timeliness of delivery of goods and services, cost management, communications between contracting parties, proactive management and customer satisfaction.. Evaluation of this factor will be based on information contained in the technical portion of the quotation and information provided by references. The Government will evaluate past performance information by contacting appropriate references, including NIST references, if applicable. The Government may also consider other available information in evaluating the Offeror’s past performance. The Government will assign a neutral rating if the offeror has no relevant past performance information.

NOTE -- If an offeror does not have a history of relevant contract experience, or if past performance information is not available, the offeror will receive a neutral past performance rating; however, an offeror without a history of relevant experience may receive a lowered rating for the Experience Factor.

In determining best value, Non-Price Factors A through C, when combined, are more important than Factor D (Price).

The Non-Price Factors A through C listed above are listed in descending order of importance.

The Government reserves the right to make an award to other than the lowest-cost/priced Offeror or to the Offeror with the highest rating based on non-cost/price Factors A through C listed above if the Contracting Officer determines that to do so would result in the best value to the Government.

DUE DATE FOR PROPOSALS

***The due date and time for receipt of proposals is July 3, 2014 no later than 12:00PM EST.

The offeror shall hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers.

Proposals must be received at the specific location at NIST identified below on or before the due date and time specified in the solicitation. Only information received on or before the due date and time shall be considered for award. Any proposal, or part thereof, received after the due date and time, shall be deemed late and not considered for award.

Because of heightened security, FED-EX, UPS, or similar delivery methods are the preferred method of delivery of quotes.

Proposals must be submitted so that they are received at the following address:

Divya Soni

NIST

Building 301, Room B146 100 Bureau Drive, Stop 1640 Gaithersburg, MD 20899-1640

This address is for both courier and USPS.

The Offeror must deliver the proposal so that it is received at the specific address, building number included, listed above by the due date and due time listed above.

The Offeror shall email divya.soni@nist.gov and provide a tracking number and estimated day of delivery for any packages being sent.

APPLICABLE PROVISIONS AND CLAUSES FOR THIS SOLICITATION:

The full text of a FAR provision or clause may be accessed electronically at http://www.acquisition.gov/far/.

The following provisions apply to this acquisition:

52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (FEB 2012)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL

ITEMS (DEC 2012)

In accordance with FAR 52.212-3 Offerors Representations and Certifications- Commercial Items, offerors must complete annual representations and certifications on-line at https://www.sam.gov. If paragraph (j) of the provision is applicable, a written submission is required;

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS -

ALTERNATE I (AUG 2012)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2013)

52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), 52.204-10, Reporting Executive Compensation and First-Tier

Subcontract Awards (Aug 2012) 52.209-6, Protecting the Government`s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (Dec 2010) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) 52.222-3, Convict Labor (Jun 2003) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Mar 2012) 52.222-21, Prohibition of Segregated Facilities (Feb 1999) 52.222-26, Equal Opportunity (Mar 2007) 52.222-35, Equal Opportunity for Veterans (Sep 2010) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) 52.222-37, Employment Reports on Veterans (Sep 2010) http://www.acquisition.gov/far/

52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011)

52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013)

52.216-1 TYPE OF CONTRACT (APR 1984)

52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) "Minimum order." When the Government requires supplies or services covered by this contract in an amount of less than $1,000.00 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) "Maximum order." The Contractor is not obligated to honor-- (1) Any order for a single item in excess of $1,000,000.00 (2) Any order for a combination of items in excess of $1,000,000.00 or (3) A series of orders from the same ordering office within 15 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and

(c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor`s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of Clause)

52.216-22 INDEFINITE QUANTITY (OCT 1995)

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT

INFRINGEMENT (DEC 2007)

52.227-14 RIGHTS IN DATA – GENERAL (DEC 2007)

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

52.242-13 BANKRUPTCY (JUL 1995)

52.246-6 INSPECTION—TIME-AND-MATERIAL AND LABOR-HOUR (MAR 2001)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

ORDERING PROCEDURES UNDER MULTIPLE AWARD CONTRACTS

(a) If the government elects to award multiple contracts, the ordering procedures are as follows:

Except as provided for in paragraph (b) of this section, for orders issued under multiple award contracts, each awardee will be provided a fair opportunity to be considered for each order in excess of $3,000.00. In determining the procedures for providing awardees a fair opportunity to be considered for each order, the Government shall compete the orders among all contract awardees. Accelerated or streamlined procedures may be used, such as oral proposals, when selecting a delivery order awardee. The government need not contact each of the awardees under the contract before selecting a delivery order awardee if the government has information available to ensure that each contractor is provided a fair opportunity to be considered for each order.

(b) Contract awardees need not be given an opportunity to be considered for each order in excess of $5,000.00 under multiple award contracts if the Government determines that:

(1) The agency's need for such supplies or services is of an urgency that providing such opportunity would result in unacceptable delays;

(2) Only one contractor is capable of providing such supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized;

(3) The order should be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered on the original award; or

(4) It is necessary to place an order to satisfy a minimum guarantee.

Department of Commerce Acquisition Regulation (CAR) clauses. Please submit a written request to the Contract Specialist for the full text of these clauses.

1352.201-70 CONTRACTING OFFICER’s AUTHORITY (APR 2010) 1352.201-72 CONTRACTING OFFICER’s REPRESENTATIVE (C0R) (APR 2010)

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

1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

1352.216-75 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (APR 2010)

During the term of the contract, the Government shall place orders totaling a minimum of $5,000.00 per award . The amount of all orders shall not exceed $3,500,000.00 under all awards combined.

1352.216-76 PLACEMENT OF ORDERS (APR 2010)

1352.233-70 AGENCY PROTESTS (APR 2010)

1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

1352.237-75 KEY PERSONNEL (APR 2010)

1352.270-70 PERIOD OF PERFORMANCE (APR 2010)

Department of Commerce Agency-Level Protest Procedures Level above the Contracting Officer is also incorporated. It can be downloaded at http://www.nist.gov/admin/od/contract/agency.htm.

National Institute of Standards and Technology Clauses.

NIST LOCAL 04 BILLING INSTRUCTIONS

(a) NIST prefers electronic Invoice/Voucher submissions and they should be emailed to INVOICE@NIST.GOV. (b) Each Invoice or

Voucher submitted shall include the following: (1) Contract Number. (2) Contractor Name and Address. (3) Date of Invoice. (4)

Invoice Number. (5) Amount of Invoice and Cumulative Amount Invoiced to-date. (6) Contract Line Item Number (CLIN). (7)

Description, Quantity, Unit of Measure, Unit Price, and Extended Price of Supplies/Services Delivered. (8) Prompt Payment

Discount Terms, if Offered. (9) Any other information or documentation required by the contract. (c) In the event electronic submissions are not used, The Contractor shall submit an original invoice or voucher in accordance with the payment provisions of this contract to: NIST: Accounts Payable Office 100 Bureau Drive, Mail Stop 1621 Gaithersburg, MD 20899-1621 http://www.nist.gov/admin/od/contract/agency.htm

Vendor Partnership Level: