SB1341-15-RQ-0386.docx

SB1341-15-RQ-0386

THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS PREPARED IN ACCORDANCE WITH THE FORMAT IN FAR SUBPART 12.6-STREAMLINED PROCEDURES FOR EVALUATION AND SOLICITATION FOR COMMERCIAL ITEMS-AS SUPPLEMENTED WITH ADDITIONAL INFORMATION INCLUDED IN THIS NOTICE. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTATIONS ARE BEING REQUESTED, AND A WRITTEN SOLICITATION DOCUMENT WILL NOT BE ISSUED. THE SOLICITATION IS BEING ISSUED USING SIMPLIFIED ACQUISITION PROCEDURES UNDER THE AUTHORITY OF FAR 13.5 TEST PROGRAM FOR CERTAIN COMMERCIAL ITEMS.

This solicitation is a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-81

1352.215-72 INQUIRIES (APR 2010)

Offerors must submit all questions concerning this solicitation in writing, via email, to both the Contract Specialist (joni.laster@nist.gov) and the Contracting Officer (Patrick.staines@nist.gov). Questions should be received no later than seven (7) calendar days after the issuance date of this solicitation. All responses to the 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, the question responses included in the amendment to the solicitation will govern performance of the contract. (end of provision) The associated North American Industrial Classification System (NAICS) code for this procurement is 334516 Analytical Laboratory Instrument Manufacturing with a small business size standard of 500 employees.

This acquisition is being competed under full and open competition.

BACKGROUND

The National Institute of Standards and Technology (NIST), has a requirement for a cryogen-free dilution refrigerator system to support quantum Hall research in the Physical Measurement Laboratory. The system will be situated within the Fundamental Electrical Measurements Group (FEM) as a resource accessible to NIST researchers and to outside users via collaboration to measure a wide range of physical properties of quantum Hall devices.

Measuring the properties of new quantum Hall devices is a critical part of the FEM mission. A versatile, sensitive, and easy to use cryogen-free dilution refrigerator system is required to characterize such new devices. To fulfill this requirement, NIST plans to purchase a cryogen-free dilution refrigerator system that has the capability to provide automated measurements of magneto-transport over a range of low temperatures and large magnetic fields.

All items must be new. Prototypes, first articles, demonstration models, used, refurbished or otherwise developmental systems, will not be considered for award.

All offerors shall provide a quotation for the following line item:

CLIN 0001 (Firm-Fixed Price): One (1) Cryogen-Free Dilution Refrigerator System which shall include the following components and shall meet or exceed the minimum specifications identified below:

SPECIFICATIONS:

GENERAL SYSTEM REQUIREMENTS:

1. Cryogen-free: The Government requires a system in which liquid helium is not needed. A system that requires the use of liquid helium will not be accepted. A system requiring liquid nitrogen is acceptable. The minimum acceptable period of time between liquid nitrogen replenishment is 7 days;

2. Cooling Power: Minimum cooling power 400 µW at 0.1 K.

3. Dilution refrigerator operational with and without magnet.

4. Cool-down and warm-up times without magnet (between room temperature and base): The maximum acceptable time is 30 hours for both.

5. Cool-down and warm-up times with magnet (between room temperature and base): The maximum acceptable time is 50 hours for both.

6. Base temperature: The maximum acceptable temperature is 12 mK with magnet at full field and all leads connected to mixing chamber (see below)

7. Sample space and Magnet: A sample space within a minimum ±14 Tesla superconducting magnet will be provided. As part of the requirement of a cryogen-free system, the superconducting magnet must be cryogen-free. The sample space must have a minimum diameter of 40 mm and a maximum acceptable magnetic field inhomogeneity of 0.1% within a 10 mm diameter spherical volume.

COMPONENT REQUIREMENTS:

8. Low-frequency leads:

0. Three shielded cables, each containing 12 low ohmic twisted pairs (total of 72 leads, 24 leads in each shield) running between the top plate and the mixing chamber, shall be provided. All leads material shall be copper from the top plate to the plate near 4 K and superconducting from the plate near 4 K to the mixing chamber. Total resistance for each lead from the top plate to the mixing chamber with system at base temperature shall be less than 1 ohm. The three cables will have breakouts with micro connectors at the plate near 4 K and the still with electrostatic shields for each cable electrically continuous from room temperature down to the mixing chamber.

0. Wiring for one extra thermometer. Thermally-anchored wiring for a standard commercial four-lead ruthenium oxide thermometer shall be provided, satisfying the following:

1. The wiring shall terminate below the mixing chamber.

1. If a single commercial temperature controller to read other thermometers in various locations is used, a separate channel in this temperature controller shall be provided that shall be connected to the four-lead wiring provided for our use.

9. System Size: The Government requires a system that is as short (distance between top plate and floor) as possible. This requirement is important given that, if possible, operation without the need of personnel climbing on ladders is advantageous. The maximum acceptable distance is 3 m.

10. Ease of Use: The Government requires a system which can be operated from open to closed to base temperature to room temperature to open by only one person (as opposed to requiring two or more people to operate some or all of the cycle). This includes magnet removal and installation per General System Requirement 3.

11. Sound isolation box: The government wishes to reduce the noise coming from the pulse tube refrigerator (PTR) through the top plate of the cryostat. The contractor shall provide panels with sound-deadening acoustical foam on all six sides surrounding the top plate (above, below, and all four sides).

12. Pulse Tube Refrigerator Compressor Location: A system in which the compressor for the pulse tube refrigerator can be located in a separate room shall be provided. The minimum distance between the compressor and the system is 10 m.

13. Vibration: The maximum amplitude of vibrations is 0.1 µm at the 4 K flange and mixing chamber plate.

14. System Mechanical Support: A standard floor-based support system shall be provided. To avoid possible additional electrical noise in the system, the top plate and metal pieces inside the cryostat will be electrically isolated from the support system. The minimum electrical resistance between the top plate and the support system shall be 1 .

15. Computer: A system that can be controlled by a Government-supplied laboratory computer shall be provided. All necessary software shall be installed and demonstrated on the Government-supplied laboratory computer. In order to minimize electrical noise, the Government intends to use commercially-available fiber extenders for any communications ports such as GPIB, USB, and/or LAN. The system must be compatible which such optical isolation.

16. Manual/Stand-by Operation: All valves must be able to be operated by manual switches, separate from any computer operation: ”computer operation” specifically excludes any electronic touch-screen-actuated switches. Switches that are acceptable include mechanical, electrical (not controlled by digital electronics), and pneumatic.

17. Compressor for Return Line: If the high-pressure 3He return line has a compressor in it, valving shall be provided that makes it possible to bypass the compressor after the cool-down period, when the refrigerator is operating in its nominal condition at base temperature.

18. Preventive Maintenance: The minimum time between required preventive maintenance by the Government is two months. Such maintenance includes pump maintenance, compressor maintenance, changing pump oil, or any other standard maintenance required to keep equipment running in accordance with the original equipment manufacturers’ performance specifications.

19. Gaskets: The contractor shall provide one set of all gaskets needed on the various vacuum components

20. Extra low-frequency connectors: The contractor shall provide six of every type of cable and bulkhead mount connector necessary for government personnel to make electrical contact to the government's samples.

21. Infrastructure requirements: The contractor shall provide a system which requires no more than the following maximum requirements on infrastructure :

a. Area: total footprint of all equipment 18 m2

b. Electrical power: maximum 50 A at each of 110/208/220/240 V. No voltages above 240 V.

c. Cooling water: maximum flow 30 liters/minute

d. Pneumatic (pressurized air or nitrogen gas) service: maximum 10 bar.

22. Location of turbo molecular pump: For reduction of both mechanical and electrical noise, the turbo molecular pump shall not be located at the top of the refrigerator.

DOCUMENTATION:

a. Before delivery of the system from the Contractor’s site to NIST, the Contractor shall demonstrate compliance with all specifications of the system at the Contractor’s site or other location as agreed between the Contractor and the Government. The Government reserves the right to be present, on-site, at the Contractor’s facility during this testing.

The Contractor shall notify the NIST Contracting Officers Representative (COR), 30 calendar days prior to the planned date of the testing. If the Government elects to be on-site for the testing, NIST shall pay for all travel and per diem.

b. The Contractor shall provide the following documentation upon delivery of the system. All documentation must be provided in both electronic and hardcopy format. NIST will not accept electronic format in lieu of hardcopy.

Deliverables

DELIVERY

FOB Destination delivery terms are requested. Delivery shall be completed within 12 months from date of an award. The Contractor shall deliver all equipment to NIST, Building 301, Shipping and Receiving, Gaithersburg, MD 20899-1640.

INSTALLATION:

The Contractor shall install the system within 30 days after receipt of the system. Installation shall include, at a minimum, uncrating/un-packaging of all equipment, set-up and hook-up of all equipment, start-up, and demonstration of all required specifications. Technical personnel experienced with the system shall install the system and perform all activities necessary to ensure the system is fully functional and meets all required specifications. Onsite installation and demonstration shall be done at NIST, Gaithersburg, MD – Building 218, Room E014.

TRAINING:

The Contractor shall schedule and conduct training for at least three (3) NIST personnel, on-site at NIST Gaithersburg campus. Training shall include all aspects of system operation and basic troubleshooting.

The training may be completed at NIST immediately after installation, however must be completed not later than 30 days after installation. The training must include system operation for all configurations, including i) operation without magnet, i) operation with magnet, and iii) any other configuration which the Contractor supplies, such as longer shields to allow same physical layout, but without magnet.

Installation and training must be scheduled, in advance, with the NIST Contracting Officer’s Representative (COR).

WARRANTY:

The Contractor shall provide, at a minimum, a one (1) year warranty for the system.

During the warranty period, the Contractor shall bear all costs, including shipping, travel, and labor, to complete the repairs and/or replacement of any defects.

Customer Support:

The Contractor shall provide, within the standard warranty period, unlimited telephone customer support during normal business hours (in offeror's location). This support shall be provided by technical personnel who are experienced with the offered system. Technical personnel shall be required to return calls within one (1) business day

PROVISIONS AND CLAUSES:

The following provisions and clauses apply to this acquisition and are hereby incorporated by reference. All FAR clauses may be viewed at http://acquisition.gov/comp/far/index.html.

PROVISIONS

52.212-1, Instructions to Offerors-Commercial Items 52.212-3 Offeror Representations and Certifications-Commercial Items (March 2015) The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision and provide a written submission.

52.225-6 -- Trade Agreements Certificate.

Trade Agreements Certificate (May 2014)

(a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled “Trade Agreements.”

(b) The offeror shall list as other end products those supplies that are not U.S.-made or designated country end products.

Other End Products

[List as necessary]

(c) The Government will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for those products are insufficient to fulfill the requirements of this solicitation.

(End of Provision) 52.225-18, Place of Manufacture;

Offerors shall complete annual representations and certifications on-line at http://orca.bpn.gov in accordance with FAR 52.212-3 Offerors Representations and Certifications- Commercial Items. If paragraph (j) of the provision is applicable, a written submission is required.

Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2015)

(1) In accordance with Sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by the Consolidated and Further Continuing Appropriations Act, 2015 funding may be used to enter into a contract with any corporation that-

(a) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where an awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government, or

(b) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(2) The Offeror represents that, as of the date of this offer-

(a) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(b) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

(End of provision) 52.203-98, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements—Representation (DEVIATION 2015-02)

PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS—REPRESENTATION (FEB 2015)

1. In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(End of provision)

CLAUSES

52.212-4 Contract Terms and Conditions—Commercial Items 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders— Commercial Items (NOV 2013) 52.203-6 Restrictions on Subcontractor Sales to the Government 52.204-7 (September 2012) System for Award Management Registration.

52.204-10 Reporting Executive Compensation and First Tier Contract awards 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment;

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations 52.219- 28 Post Award Small Business Program Representation 52.222-3, Convict Labor;

52.222-19 Child Labor – Cooperation With Authorities And Remedies;

52.222-21, Prohibition of Segregated Facilities;

52-222-26, Equal Opportunity;

52.222-35, Equal Opportunity for Veterans;

52.222-36, Affirmative Action for Workers with Disabilities;

52.222-37, Employment Reports for Veterans;

52.222-40, Notification of Employee Rights under the National Labor Relations Act;

52.222-50, Combating Trafficking in Persons;

52.222-54, Employment Eligibility Verification;

52.223-18, Contractor Policy to Ban Text Messaging While Driving;

52.225-5 – Trade Agreements;

52.225-13 Restriction on Certain Foreign Purchases;

52.232-33 Payment by Electronic Funds Transfer-Central Contractor Registration;

52.232-39 Unenforceability of Unauthorized Obligations;

52.232-40 Providing Accelerated Payment to Small Business Subcontractors;

52.247-35 F.O.B. Destination, Within Consignee’s Premises

CAR CLAUSES FULL TEXT CAN BE ACCESSED AT:

http://farsite.hill.af.mil/VFCARA.HTM 1352.201-70, Contracting Officer's Authority 1352.209-73, Compliance With the Laws 1352.209-74 Organizational Conflict of Interest

1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

(a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract.

(b) The place of acceptance will be:

100 Bureau Drive Building 218, Room E014 Gaithersburg, Maryland 20899 (End of clause)

INSPECTION AND ACCEPTANCE

Inspection will occur at NIST during installation and training. During training the system will be cooled down and warmed up from room temperature to base and back for all configurations, including i) operation without magnet, ii) operation with magnet, and iii) any other configuration which the Contractor supplies, such as longer shields to allow same physical layout, but without magnet. Acceptance will be based on demonstrating compliance with general system requirements.

INSTRUCTIONS:

System for Award Management (SAM) Registration In accordance with FAR 52.204-7, the awardee must be registered in the System for Award Management (www.sam.gov) prior to award. Refusal to register shall forfeit award.

DUE DATE FOR QUOTATIONS

Offerors shall submit their quotations so that NIST receives them not later than 12:00 p.m. Eastern Time on May 15, 2015. FAX quotations shall not be accepted. E-mail quotations shall be accepted at joni.laster@nist.gov and patrick.staines@nist.gov. Please reference the RFQ number in the subject line of email communications. Offerors quotations shall not be deemed received by the Government until the quotation is entered in the e-mail inbox set forth above.

Quotations shall be sent to the National Institute of Standards and Technology, Acquisition Management Division, Attn: Joni Laster, 100 Bureau Drive, Mail Stop 1640, Gaithersburg, MD 20899-1640. All offerors should ensure the RFQ number is visible on the outermost packaging.

Because of heightened security, FED-EX, UPS, or similar delivery methods are the preferred method of delivery of quotes. If quotes are hand delivered, delivery shall be made on the actual due date through Gate A, and a 48 hour (excluding weekends and holidays) prior notice shall be provided to Joni Laster, Contract Specialist on 301-975-8397.

ADDENDUM TO FAR 52.212-1, QUOTATION PREPARATION INSTRUCTIONS

1) PRICE QUOTATION: The offeror shall submit an original and one copy of the completed price schedule. Only one copy is required if submitted electronically. The pricing quotation shall be separate from any other portion of the quotation. The offeror shall propose a firm-fixed-price, FOB Destination, for each CLIN. Contractor shall state express warranty coverage. Price quotations shall remain valid for a period of 90 days from the date quotations are due.

2) TECHNICAL QUOTATION: The offeror shall submit an original and one copy of the technical quotation. Only one copy is required if submitted electronically. The technical quotation shall address the following:

TECHNICAL CAPABILITY: The offeror shall provide documentation that demonstrates that the equipment shall be capable of meeting or exceeding the minimum requirements. The offeror shall submit a technical description or product literature for the equipment it is proposing, which clearly identifies the manufacturer, make and model. The offeror must demonstrate that its proposed equipment meets or exceeds each minimum requirement described in the statement of work by providing a citation to the relevant section of its technical description or product literature.

If applicable, evidence that the Offeror is authorized by the original equipment manufacturer to provide the item(s) in the quotation should be included.

3) 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.

A list of references, preferably at least 3, if available, to whom the same or similar equipment has been provided. The list of references shall include, at a minimum: The name of the reference contact person and the company or organization; the telephone number of the reference contact person; the contract or grant number; the amount of the contract and the address and the telephone number of the Contracting Officer if applicable; the date of delivery or the date services were completed and a description of the equipment sold to each reference.

Relevant past performance would include a dilution refrigerator that is cryogen free, base temperature of 0.012 K base or lower, and a magnet capable of at least 14 T. Past performance for a general cryogenic system at 0.3 or 1.0 K or that requires liquid helium would not be considered relevant.

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.

4) EXPERIENCE:

The offeror shall describe its experience performing similar work; explain how its experience is relevant to this project and how its experience will ensure successful completion of the project.

ACCEPTANCE OF TERMS AND CONDITIONS (ADDENDUM TO FAR 52.212-1 (B) (11)): THIS IS AN OPEN-MARKET SOLICITATION FOR EQUIPMENT AS DEFINED HEREIN. THE GOVERNMENT INTENDS TO AWARD A PURCHASE ORDER AS A RESULT OF THIS SOLICITATION THAT WILL INCLUDE THE CLAUSES SET FORTH HEREIN. THE QUOTATION SHOULD INCLUDE ONE OF THE FOLLOWING STATEMENTS:

"The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition."

OR

"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) Note: 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 offerors FSS or GWAC contract, and the statement required above shall be included in the quotation.

QUOTATION EVALUATION:

EVALUATION FACTORS:

The Government intends to make one single award.

Award shall be made to the offeror whose quotation offers the best value to the Government, price and other factors considered. The Government will evaluate quotations based on the following evaluation criteria: 1) Technical Capability 2) Past Performance, 3) Experience and 4) Price.

Technical Capability, Past Performance and Experience, when combined, will be considered more importance than price.

TECHNICAL CAPABILITY: All items must be new. Prototypes, used or refurbished instruments will not be considered for award. Evaluation of technical capability shall be based on the information provided in the quotation. NIST will evaluate whether the offeror has demonstrated that its proposed equipment meets or exceeds all minimum requirements. Quotations that do not demonstrate the proposed equipment meets all requirements will not be considered further for award.

If an offeror does not indicate whether its proposed equipment meets a certain minimum requirement, NIST will determine that it does not. Offerors that propose equipment that exceeds the stated minimum specifications will be rated higher under this factor.

UNDER THE TECHNICAL CAPABILITY FACTOR, OFFERORS THAT EXCEED THE MINIMUM SPECIFICATIONS, AS IDENTIFIED BELOW, SHALL BE GIVEN A HIGHER TECHNICAL RATING:

General System Requirement 3 and Component Requirement 10: The Government will give a higher technical rating to a system which can be operated from open to closed to base temperature to room temperature to open by only one person. This includes magnet removal and installation.

PAST PERFORMANCE: The will evaluate the Offerors 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 offerors 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 offerors past performance. The Government will assign a neutral rating if the offeror has no relevant past performance information.

EXPERIENCE:

The Government will evaluate the extent of the offeror’ s experience providing the same or similar equipment and will consider the relevance of the offeror’ s experience to the current requirement. The Offeror shall demonstrate that it currently has three (3) of the quoted systems currently in the field within the United States. In demonstrating prior experience, the Contractor must have a cryogen-free system consisting of a) dilution refrigerator with a base temperature below 0.012 K, with b) integrated superconducting magnet capable of reaching a field of 14 T.

Price: The Government will evaluate price for reasonableness.

PAST PERFORMANCE, EXPERIENCE AND PRICE SHALL NOT BE EVALUATED ON QUOTES THAT ARE DETERMINED TECHNICALLY UNACCEPTABLE UNDER THE TECHNICAL CAPABILITY EVALUATION FACTOR.

1352.233-70 AGENCY PROTESTS (APR 2010)

(a) 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).

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

NIST/ACQUISITION MANAGEMENT DIVISION

ATTN: PATRICK STAINES, CONTRACTING OFFICER

100 Bureau Drive, MS 1640 Gaithersburg, MD 20899

(c) Agency protests filed with the Protest Decision Authority shall be sent to the following address: NIST/ACQUISITION MANAGEMENT DIVISION

ATTN: HEAD OF THE CONTRACTING OFFICE (HCO)

100 Bureau Drive, MS 1640 Gaithersburg, MD 20899

(d) A complete copy of all agency protest, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority.

(e) Service upon the Contract law Division shall be made as follows:

U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W.

Washington, D.C. 20230

FAX: (202) 482-5858

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

(a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed.

(b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims.

(c) Service upon the Contract Law Division shall be made as follows:

U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W.

Washington, D.C. 20230

FAX: (202) 482-5858

(End of clause)