syn_sol_brand_or_equal.pdf

Request for Quotation Number SB1341-15-RQ-1057

Combined Synopsis/Solicitation

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 Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 05-83 effective August 5, 2015.

The associated North American Industrial Classification System (NAICS) code for this procurement is 334516 with a small business size standard of 500 employees. This acquisition is unrestricted and all responsible parties may submit a quote.

The National Institute of Standards and Technology (NIST), Material Measurement Laboratory’s, Materials

Measurement Science Division (MMSD) conducts research on the development of innovative metrologies and measurement protocols for micro/nano-scale hetero-systems analysis. Measurement techniques are used to determine sample composition as well as structural, electronic, and chemical properties of a wide variety of organic, inorganic and biomolecular systems where materials of interest are typically present as either micro/nano-scale features or monolayer/multilayer films.

To meet mission requirements, the MMSD must procure an upgrade to its existing super resolution microscopy system to allow the system, once upgraded, to perform single molecule microscopy lifetime measurements with user supplied/developed custom software and hardware components. To avoid lengthy reengineering time, additional costs, and prohibitive downtime, the compatibility requirements must be met.

Pursuant to this application, the detector system must be fully compatible with a Princeton Instruments PI-

Max4, 1024i-HRf intensified Camera System and yield optimal florescence lifetime imaging/spectral characteristics with this detector system with respect to the existing hardware and software.

This is a brand name or equal requirement. Brand name or equal description is intended to be descriptive, but not restrictive and is to indicate the quality and characteristic of products that will be considered satisfactory to meet the agency’s requirement.

LINE ITEMS

All interested quoters shall provide a quote for all of the following line items:

LINE ITEM 0001: Quantity one (1) each Super Resolution Lifetime System detector upgrade, Princeton Instruments

Model Number PI-Max4 1024i-HRf intensified Lifetime Camera System, or equal that is comprised of all the following components and meets all of the following salient characteristics:

Components

Camera: Princeton Instruments Model Number PM4-1024i-HR-RF-18-P46-CM-D-US;

Liquid Circulator: Princeton Instruments Model Number AC-PRO-C;

LightField 64-bit Control Software: Princeton Instruments Model Number AC-PIX-LF1.

Salient Characteristics of the Imaging System and Acquisition/Control Software

-Shall be 100% software compatible with Princeton Instruments WinSpec 2.6.7 and WinView for 32 bit applications; and

Princeton Instruments Lightfield 5.0 for 64 bit acquisition platforms. This software (WinSpec/PVCAM for 32 and

LightField /PICAM) and its associated dynamic link libraries were used in the design of MML’s custom written/developed acquisition and analysis software developed in Microsoft Visual Studio for hyperspectral imaging;

-Shall provide a scientific grade, RF modulated, front-illuminated interline CCD, 1024 X 1024 pixels, 12.8 x 12.8 μm pixels (13.1 x 13.1 mm image area), 1:1 fiber-optic bonded 18-mm grade 1, Gen III filmless extended Red image intensifier w/ P46 phosphor, Programmable Modulation Frequency output from 1 MHz to 200MHz, Programmable phase shift from 00 to 3590, Programmable time duration from 1ms to 21sec, Programmable timing generator built into the camera;

-Shall support up to at least 32MHz (16MHzx2) digitization;

-Shall be cooled to -35 degs. C by a liquid circulator such as Princeton Instruments’ CoolCUBE or equivalent ;

-Shall provide remote control capabilities that include acquisition of lifetime images and spectra as well as perform calibration of the detector for the following ancillary software environments: MatLab and NI Labview for 64 bit operation;

-The system shall include an operations and maintenance manual covering proper operation, routine maintenance, and trouble shooting for the instrument and software in hardcopy format.

LINE ITEM 0002: Quantity one (1) year Warranty.

The Contractor shall provide, at a minimum, a one year warranty for the system. The warranty shall cover all parts, labor, travel, software maintenance and software updates. The warranty shall commence upon successful completion of delivery by the Contractor and acceptance testing by the Government to confirm that all salient characteristics are met.

DELIVERY

Delivery shall be completed not later than 45 days from the date of award. Installation and training are not required for this system.

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.

ACCEPTANCE

Upon delivery, NIST will complete acceptance testing on the delivered equipment. Testing shall be completed not later than 15 days after equipment is received. Testing shall confirm that the delivered system meets all salient characteristics identified herein.

PAYMENT SCHEDULE

The Contractor shall be paid in one lump sum payment upon successful completion of delivery and confirmation that the delivered equipment meets all salient characteristics identified herein.

Payment terms shall be Net 30 Days.

EVALUATION OF QUOTATIONS

The following will be used to evaluate quotations:

Technical Capability

Experience

Price

Technical Capability and Experience, when combined, shall be approximately equal in importance to price.

TECHNICAL CAPABILITY

Technical capability shall be evaluated to determine the Contractor’s ability to successfully complete the project.

Documentation will be evaluated to determine that the quoted equipment meets all of the salient characteristics identified in the statement of work and meets the requirements of the Government in essentially the same manner as the brand name.

EXPERIENCE

Experience shall be evaluated to determine the depth and breadth of the quoter’s experience manufacturing the same or similar equipment.

In determining best value, stronger consideration shall be given to quoters who possess a deeper and broader depth and breadth of experience manufacturing the same or similar equipment.

PRICE

Price will be evaluated for all quotations determined technically acceptable. Price will be evaluated for reasonableness and to determine that the quoted price is consistent with the technical portion of the quotation.

REQUIRED SUBMISSIONS

All quoters shall submit all of the following:

1) An original and one copy of an FOB Destination price quotation which addresses all Line Items. Quoters must provide a unit price and total amount for each line item and an aggregate value of all line items;

2) Technical description and/or product literature. Quoters shall include the manufacturer, make and model of the quoted product, manufacturer sales literature or other product literature which CLEARLY DOCUMENTS that the offered product meets or exceeds the salient characteristics stated herein. It is the responsibility of the quoter to ensure that all salient characteristics are clearly documented;

3) If documentation provided does not address any given salient characteristic, a discussion of how the Contractor will meet or exceed required salient characteristic. Modifications to the quoted system must be discussed;

4) Descriptions and specifications of equipment provided by the Contractor, including any proposed subcontractor(s)/ consultants, over the past three years that will demonstrate the depth and breadth of the quoter’s experience manufacturing and delivering the same or similar equipment.

Project descriptions must indicate the customer or company name and the actual tasks performed by the

Contractor. Documentation must be directly related to the project being described.

5) A description of the proposed warranty;

6) This is an Open-Market Combined Synopsis/Solicitation for equipment as defined herein. The Government intends to award a Purchase Order as a result of this Combined Synopsis/Solicitation that will include the terms and conditions that are set forth herein. In order to facilitate the award process, ALL quotes 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)

7) The DUNS number for the quoter’s active System for Award Management (SAM) registration. Quoters must have an active registration at www.SAM.Gov to receive an award.

8) The name of the manufacturer and the country of origin for the quoted equipment.

9) A completed copy of the attached provision titled Representation by Corporations Regarding an Unpaid Delinquent

Tax Liability or a Felony Conviction Under Any Federal Law.

All quotes must be sent to the National Institute of Standards and Technology, Acquisition Management Division, Attn:

Carol A. Wood, 100 Bureau Drive, Stop 1640, Gaithersburg, MD 20899-1640. Quoters shall ensure the RFQ number is visible as the email subject or on the outermost packaging.

Submission must be received by 3:30 p.m. local time on September 8, 2015. E-MAIL QUOTES SHALL BE

ACCEPTED. FAX QUOTES SHALL NOT BE ACCEPTED.

PROVISIONS AND CLAUSES

The full text of a Federal Acquisition Regulation (FAR) provision or clause may be 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

52.211-6, Brand Name or Equal

52.212-1, Instructions to Offerors—Commercial Items

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

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 http://www.sam.gov/ 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

__ (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]

__ (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

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

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

_XX_ (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 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 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

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

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

__ (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

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

XX_ (42)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act

__ (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

52.232-39 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 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 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

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

1352.209-73 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: CAROL WOOD, 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 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 http://www.acquisition.gov/ mailto:INVOICE@NIST.GOV

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.