syn_sol.pdf

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Bilirubin Federal contract opportunity
Solicitation number
SB1341-15-RQ-0950
Issued by
Department of Commerce National Institute of Standards and Technology

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Combined Synopsis/Solicitation

Request for Quotation Number SB1341-15-RQ-0950

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.

This solicitation is a Request for Quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition

Circular 2005-83 effective August 2, 2015.

The associated North American Industrial Classification System (NAICS) code for this procurement is 325411 with a small business size standard of 750 employees. This acquisition is being procured 100% set-aside for small business. Simplified acquisition procedures shall be utilized.

The non-manufacturer rule applies to this solicitation. Quoters must provide a product manufactured by their small business or must provide a product of a subcontractor who is a small business in accordance with the NAICS code identified herein. For the purpose of this solicitation, “manufactured” means the party or parties who complete the work required to meet the purity requirements identified in the statement of work.

The National Institute of Standards and Technology (NIST), Organic Chemical Measurement

Science Group within the Chemical Sciences Division is responsible for chemical measurements in a broad range of areas, including the development of reference materials to support accuracy and comparability of clinical laboratory assays for health status markers. Total bilirubin and direct bilirubin are commonly-measured species in blood samples by routine medical testing laboratories. Members of the clinical measurement community have relied on SRM 916a bilirubin to ensure their bilirubin measurement accuracy.

The Contractor shall provide bilirubin in accordance with the statement of work, that meets all specifications identified in the statement of work.

OPTION LINE ITEMS

Line item 0002 is an option line item for a lot of 200 g of bilirubin. The Government may exercise this option line item, at its discretion, subject to the availability of funds, if any of the 10g batches of bilirubin are determined to meet all required specifications. Pricing for this line item shall remain in effect for a period of one year from the date of award.

Responsible quoters shall provide pricing for all of the following line items.

LINE ITEM 0001 – BASE LINE ITEM: Quantity 10g of Bilirubin

The Contractor shall produce a small batch of bilirubin in accordance with the requirements of the statement of work.

LINE ITEM 0002 – OPTION LINE ITEM: Quantity 200 g of Bilirubin

The Contractor shall produce a lot of 200g of Bilirubin in accordance with the statement of work.

PERIOD OF PERFORMANCE

The period of performance for the base line item shall be nine months from the date of award.

If the option line item is exercised, delivery shall be completed not later than nine months from the date the option is exercised.

DELIVERY TERMS

Delivery terms shall be FOB Destination.

FOB DESTINATION MEANS: The Contractor shall pack and mark the shipment in conformance with carrier requirements, deliver the shipment in good order and condition to the point of delivery specified in the purchase order, be responsible for loss of and/or damage to the goods occurring before receipt and acceptance of the shipment by the consignee at the delivery point specified in the purchase order; and pay all charges to the specified point of delivery.

PAYMENT SCHEDULE

Payment shall be made in full upon successful completion and delivery of the required material for line item 0001. No payment shall be made if the material delivered does not meet the required specifications.

If the option is exercised, payment shall be made in full upon successful completion and delivery of the required material for line item 0002. No payment shall be made if the material delivered does not meet the required specifications.

EVALUATION CRITERIA AND BASIS FOR AWARD

The Government will award a purchase order, resulting from this solicitation, to the responsible quoter(s) whose quotation(s), conforming to the solicitation, results in the best value to the Government, price and other factors considered.

The following will be used to evaluate quotations:

Technical Capability

Past Performance

Price

Technical Capability and Past Performance, when combined, shall be more important than price.

TECHNICAL CAPABILITY

Technical capability will be evaluated to determine that the proposed manufacturing method is feasible and is likely to succeed.

The Government intends to incorporate the quoter’s technical quotation by reference for the initial delivery of the 10g of bilirubin. In determining best value, stronger consideration shall be given to the quotation whose technical capability is most feasible and most likely to succeed.

PAST PERFORMANCE

Past Performance shall be evaluated to determine the overall quality of the service provided by the Contractor. Evaluation of Past Performance shall be based on the references provided and/or information provided by NIST and its affiliates.

Quoters with no relevant past performance shall receive a neutral rating.

PRICE

Price shall be evaluated for all quoters whose quotations are determined technically acceptable. Price will be evaluated to determine that the proposed price is consistent with the technical portion of the quotation and is fair and reasonable.

ADDENDUM TO 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERICAL ITEMS

(a) General Instructions

Quotations are required to conform to solicitation provisions and be prepared in accordance with this section. To aid in evaluation, the quotation must 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 quoter, the date, and the solicitation number.

Quoters shall submit one original of their quotation, marked as such, and two copies of the technical and price quotations. Only one copy of the business portion of the quotation is required to be submitted.

Only one copy of the complete quotation is required to be submitted for email submissions.

Quotations must be received not later than August 27, 2015, at 3:30 PM Eastern Time. E-mail quotations are acceptable. Fax quotations shall not be accepted. E-mail quotations are considered received when the e-mail enters into the electronic inbox of Carol Wood.

Only information received on or before the due date and time shall be considered for award. Any quotation, or part thereof, received after the due date and time, shall be deemed late and not considered for award.

Each volume shall be clearly marked by volume number and title.

(b) Overall Arrangement of the Quotation

(1) BUSINESS QUOTATION

(A)(i) The Standard Form 1449, must be executed fully and used as the cover sheet.

Include one (1) originally signed copy of the form.

(ii) Acceptance Period - The acceptance period shall not be less than 120 days.

(iii) Concurrence with all terms and conditions of the solicitation.

(iv) The Dun and Bradstreet Number for the quoter’s active registration at the

System for Award Management, (www.SAM.Gov) website.

(v) If the quoter’s representations and certifications do not reflect the

NAICS code governing this solicitation, quoters must submit documentation of their business size under the NAICS code governing this solicitation.

(vi) Signature Authority - The person signing the form must have the authority to commit the quoter to all of the provisions and clauses of the solicitation, fully recognizing that the Government has the right, by terms of the solicitation, to make an award without further discussion if it so elects.

(vii) Quoters shall include a completed copy of the attached provision, “Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony

Conviction Under Any Federal Law (Class Deviation) (March 2015)” with their quotation.

(2) TECHNICAL QUOTATION

(A) General

(1) The technical quotation consists of the quoter’s technical and management aspects of the acquisition. It must indicate your company's capabilities and the means to be used to satisfy the requirements of the Statement of Work. It will be evaluated in accordance with the evaluation criteria and must be specific and complete in every detail. The quotation must be practical and be prepared simply and economically, providing straightforward, concise delineation of what it is the quoter will do to satisfy the requirements of the Statement of Work.

http://www.sam.gov/

(2) In order that the technical quotation may be evaluated strictly on the merit of the material submitted, no price information shall be included.

(3) The quotation shall not merely offer to perform work in accordance with the statement of work, but shall outline the actual work proposed as specifically as practical. The Statement of Work reflects the problems and objective of the program under consideration; therefore, repeating the Scope of Work without sufficient elaboration will not be acceptable.

(4) The quotation must be typed, on 8-1/2" by 11" paper, not exceeding 15 pages, single sided, single spaced, exclusive of past performance references.

(B) Specific areas to be addressed:

i. For the purpose of evaluation of Technical Capability, the technical quotation must include:

A bulleted list of steps that describes the method the quoter will utilize to manufacture the bilirubin. The Contractor shall, at a minimum:

-Identify and describe solvents that will be utilized including grade and purity level;

-Identify and describe drying methods that will be utilized;

-Identify and describe the recrystallization method that will be utilized; and

-Identify and describe the evaluation process that will be utilized when to determine mass fraction purity.

If the quoter is utilizing a subcontractor for any work associated with the manufacturing of the bilirubin, a list which described that method that will be used by the subcontractor must be provided.

Quoters are reminded that, in accordance with the non-manufacturer rule, the product must be manufactured by a small business to be considered for award.

ii. For the purpose of evaluation of Past Performance, the quotation must include:

Past Performance information regarding relevant contracts over the past three (3) years with Federal, state, or local governments, or commercial customers.

If the quoter intends to subcontract with another firm(s) for any part of this requirement, that firm’s past performance information shall also be provided. If the quoter has no relevant past performance, it shall 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 quoter its quotation.

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

For each contract, the quoter shall provide the following information:

-Contract number;

-Description and relevance to solicitation requirements include dollar value;

-Period of Performance – indicate by month and year the state and completion (or

“ongoing”) dates for the contract;

-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;

-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.

iii. Quoters shall provide the business size of all subcontractors that are intended to be utilized for manufacturing of the bilirubin in accordance with the NAICS code identified herein.

iv. Quoters must provide a statement that they concur with all terms and conditions of the solicitation without change, addition, deletion or exception. Any exceptions must be clearly documented.

PRICE QUOTATION

-The quoter shall provide a firm fixed price for all line items. The price must be inclusive of all costs to complete all work required by the statement of work for each line item.

-The quoter must have the financial capacity, working capital and other resources to perform work under the resultant contract.

-The Government anticipates that the contract will be awarded based upon adequate price competition. However, in order to determine that prices are fair and reasonable, the

Government reserves the right to request the quoter provide further cost breakdown to support proposed prices.

-The Service Contract Act does not cover bona fide executive, administrative, or professional employees. If Contractor employees performing under this requirement fall within this exemption, offerors must state the applicable exemption. Reference Fact Sheet

17a at http://www.dol.gov/whd/regs/compliance/fairpay/fs17a.

DUE DATE FOR QUOTATIONS

E-mail quotations are required. All quotations must be submitted via e-mail to Carol A.

Wood, Contract Specialist at Carol.wood@Nist.gov. FAX quotations will not be accepted.

Submission must be received not later than 3:30 p.m. Eastern Time on August 26, 2015. A quotation shall be considered received when it is received in the electronic inbox of

Carol Wood not later than the date and time identified herein.

Questions: All questions regarding this notice must be submitted via e-mail to carol.wood@nist.gov.

PROVISIONS AND CLAUSES

The full text of a Federal Acquisition Regulation (FAR) provision or clause may be http://www.dol.gov/whd/regs/compliance/fairpay/fs17a mailto:carol.wood@nist.gov accessed electronically at www.acquisition.gov.

The following FAR provisions apply to this acquisition:

52.204-7, System for Award Management

52.204-16, Commercial and Government Entity Code Reporting

52.204-17, Ownership or Control of Offeror

52.212-1, Instructions to Offerors—Commercial Items

52.212-3, Offeror’s Representations and Certifications-Commercial Items

52.217-5, Evaluation of Options

52.225-25, Prohibition on Contracting with Entities Engaging in Sanctioned Activities

Relating to Iran

In accordance with FAR 52.212-3 Offeror Representations and Certifications – Commercial

Items, quoters must complete annual representations and certifications on-line at www.SAM.Gov. If paragraph (j) of the provision applies, a written submission is required.

The following FAR clauses apply to this acquisition:

52.204-13 System for Award Management Maintenance

52.204-4, Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

52.209-7, Information Regarding Responsibility Matters

52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

52.204-18, Commercial and Government Entity Code Maintenance

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 (MAR 2015) including sub-paragraphs: (checked clauses are applicable to this solicitation)

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

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

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and

Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts

_XX_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment.

_XX_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility

Matters.

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award.

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns

__ (ii) Alternate I (JAN 2011) of 52.219-4.

__ (13) [Reserved]

_XX_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside http://www.acquisition.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137622 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1141983 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1144881 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1141649 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1151163 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1151299 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1140926 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1145644 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1135955 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1135955 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1135970 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1135970 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136004 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136017

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns

__ (17)(i) 52.219-9, Small Business Subcontracting Plan

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

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

__ (iv) Alternate III (Oct 2014) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders

__ (19) 52.219-14, Limitations on Subcontracting

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

_XX_ (22) 52.219-28, Post Award Small Business Program Rerepresentation

__ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned

Small Business (EDWOSB) Concerns

__ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns

Eligible Under the WOSB Program

XX__ (25) 52.222-3, Convict Labor (June 2003)

XX__ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies

XX__ (27) 52.222-21, Prohibition of Segregated Facilities

XX__ (28) 52.222-26, Equal Opportunity

__ (29) 52.222-35, Equal Opportunity for Veterans

XX__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities

__ (31) 52.222-37, Employment Reports on Veterans

XX__ (32) 52.222-40, Notification of Employee Rights Under the National Labor

Relations Act

_XX_ (33)(i) 52.222-50, Combating Trafficking in Persons

__ (ii) Alternate I (Mar 2015) of 52.222-50

__ (34) 52.222-54, Employment Eligibility Verification (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–

Designated Items (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (36)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment

__ (ii) Alternate I.

__ (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions

__ (ii) Alternate I

__ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products

__ (39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products

__ (ii) Alternate I (Jun 2014) of 52.223-16.

XX__ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While

Driving

_XX_ (41) 52.225-1, Buy American-Supplies

_ (42)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136017 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136017 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136032 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136058 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136058 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136058 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136058 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136174 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136175 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136186 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136387 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1139913 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1144950 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1144420 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147479 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147630 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147656 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147711 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1158632 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1162802 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1148123 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1160019 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1151848 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1151848 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1156645 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2022_18.html#wp1089948 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1168892 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1168933 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1194330 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1194323 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1179078 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1179078 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1188603 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1192900 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169038

__ (ii) Alternate I

__ (iii) Alternate II

__ (iv) Alternate III

__ (43) 52.225-5, Trade Agreements

XX__ (44) 52.225-13, Restrictions on Certain Foreign Purchases

__ (45) 52.225-26, Contractors Performing Private Security Functions Outside the

United States

__ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside

__ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area

__ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items

__ (49) 52.232-30, Installment Payments for Commercial Items

XX__ (50) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management

__ (51) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award

Management

__ (52) 52.232-36, Payment by Third Party

__ (53) 52.239-1, Privacy or Security Safeguards

__ (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels

52.217-7 Option for Increased Quantity—Separately Priced Line Items

52.217-8 Option to Extend Services

52.232-39 Unenforceability of Unauthorized Obligations

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

52.233-4 Applicable Law for Breach of Contract Claim

52.237-2 Protection of Government Buildings, Equipment, and Vegetation

52.247-34 FOB Destination

52.252-2 Clauses Incorporated by Reference

The following U.S. Department of Commerce Acquisition Regulation (CAR) provisions and clauses apply to this procurement. The full text of a CAR provision or clause may be accessed electronically at www.acquisition.gov. Reference Supplemental Regulations, U.S.

Department of Commerce.

1352.201-70 CONTRACTING OFFICER'S AUTHORITY

1352.207-71 CONTRACTING OFFICER’S REPRESENTATIVE

1352.209-73 COMPLIANCE WITH THE LAWS

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST

1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS

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 appropriate 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: ANDREA PAREKH, CONTRACTING OFFICER

100 Bureau Drive, MS 1640

Gaithersburg, MD 20899

(c) Agency protests filed with the agency 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 protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169151 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169608 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1192524 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1173773 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1173393 https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1153230 https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1153252 https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1153351 https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1153375 https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1153445 https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113650 https://www.acquisition.gov/sites/default/files/current/far/html/52_247.html#wp1156217 http://www.acquisition.gov/ 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

1352.246-70 PLACE OF ACCEPTANCE

**NIST, Gaithersburg, MD.

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

(End of clause)

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.

mailto:INVOICE@NIST.GOV

(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)

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