RFP_Amendment_1.docx

SOLICITATION INSTRUCTIONS, EVALUATION FACTORS, PROVISIONS & CLAUSES

EVALUATION – COMMERCIAL ITEMS

This acquisition is 100% set- aside for Small Business concerns. In accordance with Federal Acquisition Regulation (FAR) 19.102, the contractor shall be a small business under the applicable size standard. The North American Industry Classification System (NAICS) code and small business size standard for this acquisition are 541690 and $15M. This acquisition is being conducted under the authority of FAR Parts 12 and 15.

GENERAL

Proposals are expected to conform to solicitation provisions and be prepared in accordance with this section. To aid in evaluation, the proposals shall be clearly and concisely written as well as being neat, indexed (cross-indexed as appropriate) and logically assembled. All pages of each part shall be appropriately numbered and identified with the name of the Offeror, the date, and the solicitation number. A one page cover letter signed by an individual authorized to commit the organization shall transmit the proposal. Each response shall be on 8 ½-inch x 11-inch paper, in a commercially standard font, not smaller than a size 12 point font (graphics excluded). Each page in the response shall be separately numbered. The proposal shall be limited to the number of pages identified in Volume II below (excluding attachments such as resumes, representations, certifications, and letters of commitment, and past performance information).

The Offeror must submit its proposal electronically, and must adhere to the following instructions: All proposals must be received at grace.garrity@nist.gov in MSWord, MSExcel or Adobe acrobat pdf format by 5:00 PM Eastern Time on Monday, 8/22/2016.

Proposals must be received by NIST on or before the due date and time specified above. Only information received on or before the due date and time shall be considered for award. Any proposals, or part thereof, received after the due date and time, shall be deemed late and not considered for award.

Questions concerning the solicitation may be submitted to the NIST Contract Specialist, Grace Garrity at grace.garrity@nist.gov no later than 15 calendar days after issuance of this solicitation. Telephone inquiries will not be accepted.

OVERALL ARRANGEMENT OF PROPOSAL

VOLUME I – BUSINESS PROPOSAL:

Volume I, Business Proposal, consists of the actual Offer to enter into a contract to perform the required work. It also includes required representations, certifications, and acknowledgments; and any other administrative information.

Format and Content: Volume I, Business Proposal, shall include the following items (in the order listed):

(1)Proposal Validity: The proposal must contain a statement to the effect that the offer is firm for a period of at least 180 days from the date of receipt by the Government.

(2) Proposal Signature Authority: Volume I shall contain a signed certification that the individual submitting the proposal has the authority to commit the Offeror to all of the provisions of the proposal, fully recognizing that the Government has the right, by the terms of the Solicitation, to make an award without further discussion if it so elects.

(3) Offeror Representations and Certifications: Offerors’ Representations and Certifications are to be fully executed and included in Volume I.

VOLUME II – TECHNICAL PROPOSAL:

Volume II, Technical Proposal, consists of the Offeror’s response to the technical and management aspects of the acquisition. It should describe your company’s capabilities and the means you propose to use to satisfy the requirements of the Statements of Work (SOW) (See Attachment 1 – IDIQ SOW, and Attachment 2 – Sample Task Order SOW). It will be evaluated in accordance with the stated evaluation criteria, and it should be specific and complete in every detail. The proposal shall provide procedural statements and examples of how the Offeror would satisfy the SOW requirements contained in Section III. The proposal shall not merely offer to perform the work in accordance with the SOW(s), but shall outline the approach proposed as specifically as practical. A proposal that includes a mere repetition of the SOW requirements will not be considered further for award.

The Technical Proposal will be evaluated strictly on the merit of the material submitted. No price information shall be included in the technical proposal.

Format and Content: The Offeror shall confine information pertaining to each part to its appropriate part. Volume II, Technical Proposal, shall include the following items (in the order listed):

(1) Table of Contents

(2) Phase I: Go/No-Go Mandatory Requirements Each Offeror must dedicate a section in the beginning of their Technical Volume (Phase I) to address the Go/No-Go mandatory requirements 2.1 through 2.6 detailed below. This section shall not exceed 10 pages.

The Offeror must clearly demonstrate that its proposed team, including proposed consultants and/or subcontractors, collectively, meet all of the Go/No-Go mandatory requirements. The Offeror must also demonstrate that they can maintain a team that collectively meets all of these requirements over the life of the contract. The Go/No-Go mandatory requirements for Offerors must be met in order for Offerors to be evaluated further. It must be evident on the face of the proposal that the Go/No-Go requirements have been met.

The Offeror must maintain a team that collectively meets the following Go/No-Go mandatory requirements over the life of the contract:

2.1 Demonstrate at least 3 years of substantive experience related to the field of technology transfer with experience under the Stevenson-Wydler Act of 1980, Bayh- Dole Act of 1980, Federal Technology Transfer Act of 1986, and Technology Transfer and Commercialization Act of 2000.

2.2 Demonstrate at least 3 years of experience in planning conferences.

2.3 Demonstrate experience, in the past 3 years, working with Offices of Research and Technology Applications, or equivalents, as defined by 15 USC §3710, Utilization of Federal Technology.

2.4 Demonstrate mechanisms for collaboration under the Federal Technology Transfer Act (15 USC §3710a) and experience, in the past 3 years, connecting potential partners to scientists within the appropriate field and within the appropriate scope of the federal laboratory.

2.5 Demonstrate experience, in the past 3 years, with patent and licensing processes under the Bayh-Dole Act and 35 USC §202-209. Demonstrate understanding of federal patenting and licensing processes and procedures and how they apply to the broad range of technologies that come from federal laboratories.

2.6 Demonstrate that the Conference registration system(s) that will be used for collecting Personally Identifiable Information (PII) is compliant with the Federal Information Processing Standards (FIPS) Publication 200, ‘Minimum Security Requirements for Federal Information and Information Systems’ and NIST Special Publication 800-53 ‘Security and Privacy Controls for Federal Information Systems and Organizations,’ at the moderate level. Acceptable evidence of compliance may include the following: FedRAMP authorization at the moderate level, an Authorization to Operate (ATO) letter issued by a Federal Government agency as evidence that they have been assessed and authorized at the moderate level, or that they have passed an independent security audit at the moderate level (e.g., Statement on Standards for Attestation Engagements (SSAE), PCI Data Security Standard (PCI DSS)) Post contract award, NIST will perform a review for a local Authority To Operate (ATO) decision required for go-live and ongoing security assessments for continuous monitoring thereafter.*

*NIST is not requiring prime contractors to subcontract with specific companies regarding Phase I, 2.6 compliance. However, for informational purposes, NIST is providing the names of the following two companies which have received NIST authorization to collect PII. This is not intended to be an exhaustive list of companies that are Phase 1, 2.6 compliant and is not to be considered direction to team or use these companies in any proposal:

· Certain Inc., DUNS 078484272

· Federal Business Council, DUNS 825732746

(3) Phase II: Technical Approach

3.1 IDIQ: The Offeror shall provide a written, detailed technical approach for how it proposes to satisfy the requirements of the IDIQ SOW (Attachment 1) of this solicitation for the IDIQ contract, as a whole. The Section shall not exceed 10 pages. The Offeror shall demonstrate its understanding of the requirements, its ability to successfully perform the work in the required timeframe, and describe its approach to providing the required support services for the FLC which comply with the requirements of the SOW. The Offeror shall also describe in its IDIQ technical approach its plan for obtaining NIST IT Security Authorization to Operate.

3.2 Sample Task Order: The Offeror shall provide a written, detailed technical approach for how it proposes to satisfy the requirements of the Sample Task Order SOW (Attachment 2). The section shall not exceed 10 pages. The technical approach must clearly describe the process that would be undertaken to complete the required work and submit quality deliverables within the period of performance identified for the task order. The technical approach for the Sample Task Order shall include the following components:

3.2.1 Staffing Plan: The Offeror shall provide its Staffing Plan for the Sample Task Order. The Staffing Plan shall identify the Offeror’s proposed labor categories that correspond with the descriptions provided in the overall IDIQ, identify the number of labor hours proposed for each labor category for this task order, and thoroughly describe the rationale for the proposed labor mix.

3.2.2 Work Plan: The Offeror shall describe its proposed plan to accomplish the following: (a) manage specific tasks required by the Sample Task Order SOW; and (b) ensure that Contractor services and deliverables comply with the requirements of the SOW.

(4) Phase II: Management Approach

4.1 IDIQ: The Offeror shall describe how it intends to manage its efforts to perform the requirements articulated in the IDIQ SOW and an approach for managing its efforts to ensure successful completion of the anticipated requirements. The section shall not exceed five (5) pages.

4.1.1 Project Management: The Offeror shall describe the Offeror’s approach for managing personnel and subcontractors at the IDIQ level to yield a seamless organization with clear accountability and authority.

The Offeror shall address its approach to performing management functions, such as administering and monitoring multiple task orders, reviewing and processing task orders, invoicing, tracking and monitoring of government furnished property, tracking of dollars obligated under each task order, and troubleshooting project personnel issues.

The Offeror shall provide its Staffing Plan. The staffing plan shall demonstrate a strategy that ensures appropriate personnel meeting the minimum labor category requirements are hired within a timely manner and that personnel turnover will not affect timely delivery of required services to the FLC. The staffing plan shall describe the Offeror’s strategy for developing its employees to ensure that new employees have adequate training and/or skills needed to perform the work. The contractor may also include additional labor categories beyond those required in Attachment 4 at its own discretion; if the Offeror elects to include additional labor categories, the Offeror shall clearly indicate the minimum experience, education, and skill levels commensurate with that labor category.

4.1.2 Key Personnel: The Offeror shall provide a resume for their proposed IDIQ-level key personnel that include their name, current employer, relevant education, relevant capabilities and experience, and their current country of citizenship. The proposed Key Personnel must be a citizen of the United States or have a valid green card to live and work in the United States. Each resume shall not exceed three (3) pages. Resumes of key personnel do not count towards the Section 4.1 page limit.

A letter of intent, signed by proposed key personnel, who are not employees of the contractor, must be submitted to show that the proposed key personnel has agreed to come and work pending award of the contract. If the proposed key personnel are currently an employee of the Offeror, the contractor shall provide proof of employment of the key personnel and a letter of intent to work on this contract.

4.2 Sample Task Order: The Offeror shall describe how it intends to manage its efforts to perform the requirements articulated in the Sample Task Order SOW and an approach for managing its efforts to ensure successful completion of the anticipated requirements. The section shall not exceed five (5) pages.

4.2.1 Project Management: The Offeror shall describe the Offeror’s approach for managing personnel and subcontractors for the Sample Task Order SOW to yield a seamless organization with clear accountability and authority.

The Offeror shall address its approach to performing management functions and its ability to provide a labor mix adequate to successfully complete the requirements of the Sample Task Order SOW.

4.2.2 Key Personnel: The Offeror shall provide a resume for their proposed Sample Task Order key personnel that include their name, current employer, relevant education, relevant capabilities and experience, and their current country of citizenship. The proposed Key Personnel must be a citizen of the United States or have a valid green card to live and work in the United States. Each resume shall not exceed three (3) pages.

(5) Phase II: Past Performance The Offeror shall demonstrate relevant past performance by providing project descriptions as detailed below. Project descriptions shall only be submitted for projects that had similar or the same requirements, which the Offeror performed as the prime contractor or as a key subcontractor. The past performance projects must have been completed or substantially completed—75 percent or more--within the past three (3) years. Eligible past performance projects can be for local, state, or federal government entities and non-government entities.

The following information is required for each client reference provided:

a. Name, phone number and email address of technical point of contact;

b. Name of the client agency, organization, or company;

c. Period of performance;

d. Contract number, if applicable; and

d. A brief description of the scope of work and responsibilities.

Offerors can provide information on problems encountered on the identified contracts and the Offeror’s corrective actions. While there is no page limit to the Past Performance Questionnaires (discussed below), the page limit for any additional information that the Offeror submits in this section is limited to ten (10) pages in length. The provision of additional information is optional.

Past Performance Questionnaires:

Each Offeror is only required to have its client references submit Past Performance Questionnaires to NIST if the Offeror’s performance reports are not available in the Past Performance Information Retrieval System (PPIRS). If the Offeror’s Past Performance reference is available in PPIRS, the Offeror shall indicate so in this section.

Reference: https://www.ppirs.gov/ If the Past Performance referenced is NOT available in PPIRS, the Offeror shall instruct its client references to submit a Past Performance Questionnaire (Attachment 3 – Past Performance Questionnaire) to NIST by the Solicitation closing date. Each Offeror is solely responsible for ensuring that its client references directly submit Past Performances Questionnaires, via e-mail, to be received by the closing date and time of this solicitation, to Grace Garrity at Grace.Garrity@nist.gov and Andrea Parekh at Andrea.Parekh@nist.gov. Further, each Offeror is advised to instruct its client references to submit the Past Performance Questionnaires as early as possible to prevent late submissions by an Offeror’s client references.

VOLUME III – PRICE VOLUME:

(1) IDIQ Contract: The Offeror must provide the following pricing information:

1.1: Labor Categories: The Offeror shall complete the attached Pricing Spreadsheet (Attachment 4 – Labor Pricing Spreadsheet) by entering proposed labor rates for each cell highlighted in yellow. The Offeror shall also provide a detailed breakdown that shows how its fully loaded fixed hourly rates for each labor category labor rates were derived and include wages, overhead, general and administrative expenses, and profit. A fully loaded fixed hourly rate is required for each Labor Category for each period of the IDIQ contract. The Offeror may include additional labor categories at its discretion, but must clearly indicate the minimum experience, education, and skill levels commensurate with that labor category in Section 4.1.1 of the proposal. Please note that the Program Manager position is considered an overhead cost and should be included in the fully burdened labor rates, rather than reimbursed separately as its own labor category.

(2) Sample Task Order: The Offeror shall provide a firm-fixed price for each task/deliverable identified in the SOW for the Sample Task Order and a total firm-fixed price for the Sample Task Order.

2.1: Task/Deliverable: The Offeror shall calculate the firm-fixed price by multiplying the appropriate labor category fully burdened hourly rate from the Pricing Template of the base year IDIQ by the estimated number of hours required to complete that task/deliverable.

2.2: Travel: If required by the task/deliverable, the Offeror shall provide a not-to-exceed ceiling for travel costs, and a breakdown of how that ceiling amount was derived. Travel shall be reimbursed in accordance with the Federal Travel Regulations.

2.3: Other Direct Costs (ODCs): If required by the Sample Task Order deliverables, the Offeror shall provide a not-to-exceed ceiling, as well as a detailed cost breakdown, for ODCs, such as material costs required to complete the SOW requirements in the Sample Task Order.

EVALUATION FACTORS FOR AWARD

Award will be made to the Offeror: whose offer conforms to the solicitation requirements; who is determined responsible in accordance with FAR Subpart 9.1 by possessing the financial and other capabilities to fulfill the requirements of the contract; and whose proposal is judged, by an integrated assessment of price and non-price evaluation factors, to provide the best value to the Government.

The Government intends to award a single IDIQ contract in response to the solicitation. The Government reserves the right not to award a contract.

EVALUATION OF PROPOSALS

Initial Evaluation of Proposals. All offers received will be evaluated in accordance with the stated evaluation factors. Phase I of the evaluation consists of an evaluation of only Volume II, Section 2 – Go/No-Go Mandatory Requirements. Evaluators will only evaluate information submitted in the go/no-go volume of the proposal during the go/no-go evaluation. Offers will be evaluated to confirm that all mandatory requirements have been met. Those Offerors whose proposals meet all mandatory requirements of Phase I, will be evaluated utilizing the best value trade-off in Phase II as described below.

The Government reserves the right to make an award without discussions based solely upon initial proposals. Therefore, Offerors should ensure that their initial proposal constitutes their best offer in terms of both price and the technical approach being proposed

Discussions/Final Proposal Revisions. If award is not made upon initial proposals, then the Contracting Officer will establish a competitive range comprised of the most highly rated proposals. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly-rated proposals. Only those Offerors in the competitive range will be offered an opportunity to participate further in the procurement. The Contracting Officer will engage in discussions with all Offerors in the competitive range in accordance with FAR 15.306. At the conclusion of discussions, a final common cut-off date for submission of final proposal revisions for those Offerors in the Competitive Range will be established. Those Offerors remaining in the competitive range will be notified to submit Final Proposal Revisions.

Final Evaluation of Offers. A final proposal evaluation will be performed after receipt of Final Proposal Revisions.

EVALUATION CRITERIA

The Government will utilize a Go/No-Go (Pass/Fail) evaluation of Phase I, and the best value/tradeoff method of Phase II in evaluating proposals.

PHASE I: G o / N o - G o, Mandatory Requirements Offerors must meet all mandatory requirements identified below. Evaluators will only evaluate information submitted in the go/no-go volume of the proposal during the go/no-go evaluation.

The Offeror must demonstrate that they, including proposed subcontractors, collectively, meet the following mandatory requirements. The Offeror must maintain a team that collectively meets the requirements over the life of the contract. Offers will be evaluated to confirm that the following mandatory requirements have been met:

(1) Must have at least 3 years of substantive experience related to the field of technology transfer with experience under the Stevenson-Wydler Act of 1980, Bayh- Dole Act of 1980, Federal Technology Transfer Act of 1986, and technology Transfer and Commercialization Act of 2000.

(2) Must have at least 3 years of experience in planning conferences.

(3) Must demonstrate experience, in the past 3 years, working with Offices of Research and Technology Applications, or equivalents, as defined by 15 USC §3710, Utilization of Federal Technology.

(4) Must demonstrate mechanisms for collaboration under the Federal Technology Transfer Act (15 USC §3710a) and experience, in the past 3 years, connecting potential partners to scientists within the appropriate field and within the appropriate scope of the federal laboratory.

(5) Must demonstrate experience, in the past 3 years, with patent and licensing processes under the Bayh-Dole Act and 35 USC §202-209. Demonstrate understanding of federal patenting and licensing processes and procedures and how they apply to the broad range of technologies that come from federal laboratories.

(6) Must demonstrate that the Conference registration system(s) that will be used for collecting Personally Identifiable Information (PII) is compliant with the Federal Information Processing Standards (FIPS) Publication 200, ‘Minimum Security Requirements for Federal Information and Information Systems.’” and NIST Special Publication 800-53 ‘Security and Privacy Controls for Federal Information Systems and Organizations.’ Acceptable evidence of compliance may include the following: FedRAMP authorization, an Authorization to Operate (ATO) letter issued by a Federal Government agency as evidence that they have been assessed and authorized, or that they have passed an independent security audit (e.g., Statement on Standards for Attestation Engagements (SSAE), PCI Data Security Standard (PCI DSS)).

Those Offerors whose proposals meet all mandatory requirements, will be evaluated utilizing the best value trade-off in Phase II below.

Proposals not meeting the mandatory requirements (Phase I, Go/No-Go) will not be considered further for award.

PHASE II: Best Value The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer, conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

In addition to price, the following factors will be used to evaluate offers:

FACTOR 1 – Technical Approach FACTOR 2 – Management Approach FACTOR 3 – Past Performance

R e l a t i v e w e i g h t o f e v a l u a t i o n f a c t o r s: In determining best value, non-price factors 1 through 3, when combined, shall be substantially more important than price. The Non-Price factors are of equal importance.

(1) Factor 1: Technical Approach

1.1 IDIQ: NIST will evaluate the extent to which the Offeror’s proposal demonstrates a comprehensive understanding of the requirements, an ability to successfully perform the requirements within the required timeframe, the extent to which it addresses the support services for the Federal Laboratory Consortium for Technology Transfer, and the efficiency and effectiveness in performing the requirements.

1.2 Sample Task Order: NIST will evaluate the soundness and feasibility of the Offeror’s proposed technical approach in performing the requirements of the Sample Task Order, as well as the depth of the Offeror’s demonstrated understanding of the same.

1.2.1: Staffing Plan: NIST will evaluate whether the Offeror has clearly identified its proposed labor categories and identified the number of labor hours proposed for each labor category and the extent to which its rationale for the proposed labor mix indicates the Offeror will perform the task order efficiently and effectively.

1.2.2: Work Plan: NIST will evaluate whether the Offeror has demonstrated the ability to manage specific tasks in accordance with the Sample Task Order SOW, and demonstrates that the services and deliverables comply with the requirements.

(2) Factor 2: Management Approach

2.1 IDIQ: NIST will evaluate the extent to which the Offeror’s approach to managing its efforts at the IDIQ level will ensure successful completion within the required timeframe.

2.1.1 Project Management: NIST will evaluate the Offeror’s proposed approach for personnel and subcontractor management, responding to task order requests for proposals, and for performing management functions. NIST will evaluate how the Offeror’s proposed approach demonstrates the Offeror will efficiently and effectively transition, manage, perform requirements, mitigate and resolve technical risks, and deliver quality deliverables.

NIST will evaluate the Offeror’s proposed IDIQ Staffing Plan to determine the extent that it demonstrates a strategy that ensures appropriate personnel meeting the minimum labor category requirements are hired within a timely manner and that personnel turnover will not affect timely delivery of required services to the FLC. NIST will evaluate the extent that the staffing plan describes the Offeror’s strategy for developing its employees to ensure that new employees have adequate training and/or skills needed to perform the work.

2.1.2 Key Personnel: NIST will evaluate the resume of the Offeror’s proposed IDIQ key personnel to determine the extent to which they have performed work similar to the current requirement; and the extent to which their education, training, qualifications and experience indicate that they will successfully perform the roles for which they are proposed. NIST will review the letter of intent to ensure that the proposed key personnel agree to work on the pending contract.

2.2 Sample Task Order: NIST will evaluate the extent to which the Offeror’s approach to managing its efforts on the Sample Task Order demonstrates its ability to successfully manage the functions required under the Sample Task Order SOW.

2.1.1 Project Management: NIST will evaluate the Offeror’s proposed approach for personnel and subcontractor management, its ability to provide a labor mix adequate to successfully complete the requirements of the Sample Task Order SOW, and for performing management functions. NIST will evaluate how the Offeror’s proposed approach demonstrates the Offeror will efficiently and effectively manage and perform requirements, mitigate and resolve technical risks, and deliver quality deliverables.

2.1.2 Key Personnel: NIST will evaluate the resume of the Offeror’s proposed Sample Task Order key personnel to determine the extent to which they have performed work similar to the sample requirements; and the extent to which their education, training, qualifications and experience indicate that they will successfully perform the roles for which they are proposed.

(3) Factor 3: Past Performance The Past Performance evaluation will assess the relative risks associated with an Offeror's likelihood of success in fulfilling the solicitation's requirements as indicated by that Offeror's record of past performance submitted by the Offeror’s references. In this context, “Offeror” refers to the proposed prime contractor and all proposed major subcontractor(s). The prime contractor and proposed major subcontractor(s) will be assessed individually and the results will then be assessed in their totality to derive the Offeror’s Past Performance rating.

The Government will conduct a performance risk assessment based on the quality and relevancy of the Offeror's past performance, as well as that of its major subcontractors, as it relates to the probability of successful accomplishment of the required effort. The Government will evaluate the responses received in the form of the Past Performance Questionnaires that are submitted by the Offeror’s references. The required format for these Questionnaires can be found in Attachment of the RFP. The Government also reserves the right to obtain past performance information from any available source and may contact customers and contacts other than those identified by the Offeror when evaluating past performance.

In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available, the Offeror will not be evaluated favorably or unfavorably on past performance, but be given a neutral rating.

(4) Factor 4: Price The Government will evaluate the Offeror’s proposed rates and prices to determine whether they are realistic, fair, and reasonable. The proposed rates and prices will be evaluated, but not rated.

IDIQ Price/Costs: The price evaluation will determine whether the proposed prices/labor rates are realistic, fair, and reasonable in relation to the IDIQ solicitation requirements. Proposed prices/labor rates must be entirely compatible with the technical proposal. If the contractor elects to include additional labor categories beyond those contained in the required Pricing Spreadsheet, those labor category rates will be evaluated to determine whether the proposed skills/experience of the proposed additional labor category align with the proposed pricing for that labor category. The Government will evaluate all options period prices/labor rates. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

Sample Task Order Price/Cost: The proposed prices and costs will be evaluated to determine if they are realistic, fair and reasonable in relation to the Sample Task Order SOW requirements.

The proposed rates, prices, and other direct costs will be evaluated for realism, fairness and reasonableness and to further determine that the Offeror understands the work required in performing the required services.

A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

FAR 52.252-2 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR): www.acquisition.gov/far/ Commerce Acquisition Regulation (CAR): http://www.ecfr.gov/cgi-bin/text-idx?SID=8b5f22b07c12a52e8b29841ad60f1fd9&mc=true&tpl=/ecfrbrowse/Title48/48chapter13.tpl (End of provision)

The following provisions are incorporated by reference:

52.204-7 SYSTEM FOR AWARD MANAGEMENT

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS – REPRESENTATION

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS

52.217-5 EVALUATION OF OPTIONS

52.222-46 EVALUATION OF COMPENSATION FOR PROFESSIONAL EMPLOYEES

52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN--REPRESENTATION AND CERTIFICATIONS

1352.215-73 EVALUATION QUANTITIES--INDEFINITE QUANTITY CONTRACT

1352.215-76 COST OR PRICING DATA

1352.233-70 AGENCY PROTESTS (APR 2010)

(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

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

1352.242-70 POSTAWARD CONFERENCE (APR 2010)

The following provisions are incorporated in full text:

52.204-20 PREDECESSOR OF OFFEROR (APR 2016)

(a) Definitions. As used in this provision– “Commercial and Government Entity (CAGE) code” means–

(1) An identifier assigned to entities located in the United States and its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or government entity, or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by NATO’s Support Agency (NSPA) to entities located outside the United States and its outlying areas that DLA Contractor and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as an NCAGE code.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it □ is or □ is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ________ (or mark “Unknown”) Predecessor legal name: _________________________ (Do not use a “doing business as” name) (End of provision)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

(a) Definitions. As used in this provision— “Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

(End of Provision)

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that—

(1) 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 an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

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

(b) The Offeror represents that—

(1) 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; and

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

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUL 2016)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Website located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) of this provision.

(a) Definitions. As used in this provision— “Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation”, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“Sensitive technology”—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program” (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)…