SB1341-16-RQ-0168.docx

SB1341-16-RQ-0168

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 SEPARATE WRITTEN SOLICITATION DOCUMENT WILL NOT BE ISSUED. THE SOLICITATION IS BEING ISSUED USING SIMPLIFIED ACQUISITION PROCEDURES.

This solicitation is a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-86.

1352.215-72 INQUIRIES (APR 2010)

Offerors must submit all questions concerning this solicitation in writing, via email, to both the Contract Specialist (joni.laster@nist.gov) and the Contracting Officer (Patrick.Staines@nist.gov). Questions shall be received no later than seven (7) calendar days after the issuance date of this solicitation. All responses to the questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, on the question responses included in the amendment to the solicitation will govern performance of the contract. (end of provision) The associated North American Industrial Classification System (NAICS) code for this procurement is 334519 with a small business size standard of 500 employees.

This acquisition is being competed under full and open competition.

BACKGROUND

NIST’s Center for Neutron Research (NCNR) is currently developing a Very-Small-Angle Neutron Scattering (VSANS) instrument; a tool for determining the nanometer-scale structure of advanced materials by recording and analyzing the angular distribution of neutrons scattered by target samples. An essential component of this instrument is a high-resolution, position-sensitive, neutron detector (PSND). This detector must have an active detection area of at least 150 mm x 150 mm with a spatial resolution of less than 1.5 mm x 1.5 mm, and be capable of counting individual neutrons with a detection efficiency of at least 50% for neutrons with wavelengths equal to, or greater than, 0.4 nm All equipment must be new. Prototypes, first articles, demonstration models, used, refurbished or otherwise developmental systems, will not be considered for award.

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

• CLIN 0001 (Firm-Fixed Price): One (1) Position Sensitive Neutron Detector (PSND) which shall meet or exceed the following required specifications:

SPECIFICATIONS:

1. Detection area:

minimum: 150 mm x 150 mm; optimum: 150 mm x 450 mm

2. Spatial resolution:

Minimum: 1.5 mm x 1.5 mm (fwhm); optimum: < 1 mm x 1 mm (fwhm)

3. Pixel Size:

minimum: 1.0 mm x 1.0 mm; optimum: 0.5 mm x 0.5 mm

4. Position linearity:

minimum: ≤ 10 % deviation from linear response over full height and width of active area; optimum: ≤ 5 % deviation from linear response over full height and width of active area

5. Detection efficiency:

minimum: 50 % for neutrons with wavelengths > 0.4 nm.; optimum: 75 % for neutrons with wavelengths > 0.4 nm.

6. Detection uniformity:

minimum: detection efficiency shall not vary by more than 20 % over the entire active area of the detector; optimum: detection efficiency shall not vary by more than 5 % over the entire active area of the detector

7. Single-event counting:

the PSND must have the capability to detect and count individual neutron events.

8. Count rate:

minimum: PSND must be able to count neutrons at a rate of 104 neutrons/second with less than a 20% correction for dead time; optimum: PSND must be able to count neutrons at a rate of 104 neutrons/second with less than a 10% correction for dead time.

9. Dark current:

minimum: with no neutrons or gamma rays (other than cosmic rays) incident on the PSND, the average event count rate per unit area must be less than 0.1 counts/s-cm^2; optimum: with no neutrons or gamma rays (other than cosmic rays) incident on the PSND, the average event count rate per unit area must be less than 0.02 counts/s-cm^2.

10. Gamma sensitivity:

minimum: ≤ 10-4 for gamma ray energies less than 500 keV (i.e. boron capture gammas); optimum: ≤ 10-5 for gamma ray energies less than 500 keV (i.e. boron capture gammas) The PSND shall also include the following:

1. All associated analog and digital electronics needed to operate the detector.

2. A high speed interface and protocol for transferring and displaying data from the detector at a rate of at least one complete frame per 5 seconds.

3. Documentation including:

a. Mechanical drawings and CAD bodies detailing the physical structure of the PSND

b. Electronics schematics and wiring diagrams

c. A User’s manual with instructions for operating the PSND and displaying data collected with the PSND

d. A Reference manual with detailed information on the theory of operation, position encoding electronics, power and cooling requirements, data acquisition software, required maintenance, and troubleshooting procedures.

e. Manuals associated with all commercial components of the system

f. Calibration and testing results (as identified below)

OPERATION TESTS:

The contractor shall perform and document tests to demonstrate that the specifications listed above have been met. Here we outline a set of measurements that would suffice for this purpose. The contractor may perform equivalent tests providing they are fully described and agreed to by NIST in advance. If the testing requires facilities not readily available to the contractor, the testing may be done using the neutron beam facilities at NIST.

1. Detection Area The contractor shall demonstrate the active area for detection by illuminating the detector with neutrons. If the neutron source is smaller than the active area, the detector may be scanned through the source to demonstrate its detection range in all directions.

2. Spatial Resolution With a neutron absorbing mask, with a circular ‘pinhole’ opening of 0.5 mm in diameter or less, on the face of the detector, a collimated neutron beam incident on the pinhole shall produce a lineshape that is axially symmetric with a full-width at half-maximum (fwhm) width of less than 1.6 mm in all directions. This measurement of spatial resolution shall be repeated at several locations spanning the entire active area of the detector.

3. Position Linearity The contractor must demonstrate a linear relationship between the actual location of a neutron event and the event’s encoded pixel coordinates. This may be done, for example, by stepping the detector in a straight line through a pinhole neutron beam and recording both the actual and encoded position of the beam on the detector. When encoded position is plotted versus actual position and fitted to a straight line, the encoded positions shall not deviate from the best fit straight line by more than 10 %.

4. Detection Efficiency The probability of detecting a neutron incident perpendicular to the face of the detector with a wavelength of 0.4 nm or greater shall be at least 50 %. This may be demonstrated by comparing the incident beam current (n/s) measured with a detector of known efficiency (need not be position-sensitive) with that recorded by the PSND.

5. Detection Uniformity The detection efficiency of any detector pixel shall not deviate from the overall average detection efficiency by more the 20 %. This may be demonstrated by placing the detector at a sufficient distance from an isotropic scatterer to illuminate the detector uniformly with scattered neutrons. By recording the scattering for a period of time long enough to accumulate at least 500 counts per pixel, the recorded count rate for each pixel shall not deviate from the average per pixel count rate by more than 20 %.

6. Single Event Counting The contractor must demonstrate that the PSND can operate in a mode where the position coordinates of individual neutron events is recorded and read out.

7. Count Rate Capacity Assuming the detector requires a time, (dead time), to process each detected neutron, then the apparent detector count rate (corrected for detection efficiency), N (n/s), is related to the true count rate, Nt, by . The detector is required to have N/Nt > 80 % for Nt up to 104 counts/s, corresponding to < 2 x 10-5 s. This may be demonstrated by a well-documented measurement of the detector dead time, , or by plotting N versus Nt for increasing Nt up to 104/s.

8. Dark Current With no neutrons or gamma rays (other than cosmic rays) incident on the PSND, the event count rate must be less than 0.1 counts/cm2/s (corresponding to a maximum integrated count rate of ~23 counts/s for a detector with a 150 mm x 150 mm active area).

9. Gamma Sensitivity If the detector count rate with neutrons greater than 0.4 nm incident on the detector is N (n/s), then with a thick, boron-loaded neutron absorber (sufficient to absorb 99.99 % of the incident neutrons) covering the face of the detector, the apparent count rate (due to boron-capture gamma rays) must be less than 10-4 N.

DELIVERABLES

WARRANTY:

The Contractor shall warrant the entire system for a period of at least one year. The warranty must include unlimited telephone/e-mail support for questions regarding operation. All costs including parts, labor, travel, and other expenses necessary to repair the system will be borne solely by the contractor at no additional cost to the U.S. Government. The warranty shall commence upon final acceptance by the Government.

DELIVERY:

FOB Destination delivery terms are requested. Delivery shall be completed within one (1) year from date of an award. The Contractor shall deliver all equipment to NIST, Building 301, Shipping and Receiving, Gaithersburg, MD 20899-1640.

PROVISIONS AND CLAUSES:

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

PROVISIONS

52.204-7, 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 Representations and Certifications-Commercial Items (March 2015) The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision and provide a written submission.

52.225-4 -- Buy American -- Free Trade Agreements – Israeli Trade Act Certificate.

Buy American -- Free Trade Agreements--Israeli Trade Act Certificate (May 2014)

(a) The offeror certifies that each end product, except those listed in paragraph (b) or (c) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act.”

(b) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

[List as necessary]

(c) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (b) of this provision) as defined in the clause of this solicitation entitled “Buy American--Free Trade Agreement--Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

[List as necessary]

(d) The Government will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation.

(End of provision)

52.225-18, Place of Manufacture;

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

52.225-25, Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2015)

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

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

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

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

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

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

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

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

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

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

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

(End of provision)

CLAUSES

52.204-13 System for Award Management Maintenance;

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:

52.204-10 Reporting Executive Compensation and First Tier Contract awards 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns 52.219-28, Post Award Small Business Program Representation;

52.222-3, Convict Labor;

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

52.222-21, Prohibition of Segregated Facilities;

52.222-26, Equal Opportunity;

52.222-35, Equal Opportunity for Veterans;

52.222-36, Affirmative Action for Workers with Disabilities;

52.222-37, Employment Reports on Veterans;

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

52.225-3 --Buy American Act–Free Trade Agreements–Israeli Trade Act;

52.225-13 Restriction on Certain Foreign Purchases;

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

52.232-39, Unenforceability of Unauthorized Obligations;

52.232-40, Providing Accelerated Payment to Small Business Subcontractors;

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

CAR CLAUSES FULL TEXT CAN BE ACCESSED AT:

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

1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

INSPECTION AND ACCEPTANCE

Inspection will occur on-site at NIST, Gaithersburg, MD. within 30 days after receipt. NIST will inspect all components upon delivery and report any damage found due to shipping. Contractor shall be responsible for replacement of any component of the PSND damaged during shipping at no additional cost to the Government.

NIST will review submitted performance test results to verify that Contractor’s stated performance specifications have been met. NIST may carry out its own equivalent performance tests to confirm Contractor’s results. Acceptance and payment in full will be contingent on approval by NIST that all performance tests have been completely satisfactorily.

INSTRUCTIONS:

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

DUE DATE FOR QUOTATIONS

Offerors shall submit their quotations so that NIST receives them not later than 12:00 p.m. Eastern Time on April 4, 2016. FAX quotations shall not be accepted. E-mail quotations shall be accepted at joni.laster@nist.gov and patrick.staines@nist.gov. Please reference the RFQ number in the subject line of email communications. Offerors quotations shall not be deemed received by the Government until the quotation is entered in the e-mail inbox set forth above.

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

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

ADDENDUM TO FAR 52.212-1, QUOTATION PREPARATION INSTRUCTIONS

1) PRICE QUOTATION:

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

2) TECHNICAL QUOTATION:

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

TECHNICAL CAPABILITY:

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

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

3) EXPERIENCE:

The offeror shall describe its experience with manufacturing two-dimensional, position-sensitive neutron detectors with comparable performance characteristics.

4) PAST PERFORMANCE:

The offeror shall provide past performance information regarding relevant contracts over the past ten (10) years with Federal, state, or local governments, or commercial customers.

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

If the offeror has no relevant past performance, it may include a statement to that effect in its quotation. The government reserves the right to consider data obtained from sources other than those described by the offeror in its quotation.

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

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

OR

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

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

QUOTATION EVALUATION:

EVALUATION FACTORS:

Award shall be made to the offeror whose quotation offers the best value to the Government, price and other factors considered. The Government will evaluate quotations based on the following evaluation criteria: 1) Technical Capability 2) Experience, 3) Past Performance and 4) Price. All non-price factors, when combined, are significantly more important than price. Technical Capability shall be the most important non-price factor and Experience and Past Performance shall be approximately equal in importance in comparison to price.

TECHNICAL CAPABILITY:

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

Simply duplicating the minimum specifications contained within the RFQ does not suffice. Quotations will be evaluated based on evidence provided to support the performance requirements for the proposed equipment. Each required performance specification must be substantiated by performance data or some other measure of performance.

Quotations that do not substantiate the proposed equipment meets all requirements will not be considered further for award. If an offeror does not indicate whether its proposed equipment meets a certain minimum requirement, NIST will determine that it does not.

UNDER THE TECHNICAL CAPABILITY FACTOR, OFFERORS MUST MEET ALL OF THE MINIMUM SPECIFICATIONS. OFFERORS THAT ARE ABLE TO PROVIDES THE FOLLOWING OPTIMUMS, LISTED IN ORDER OF IMPORTANCE, SHALL BE GIVEN A HIGHER TECHNICAL RATING:

Specification 8: Count rate: optimum: PSND must be able to count neutrons at a rate of 104 neutrons/s with less than a 10% correction for dead time.

Specification 5: Detection efficiency: optimum: 75 % for neutrons with wavelengths > 0.4 nm.

Specification 1: Detection area: optimum: 150 mm x 450 mm Specification 9: Dark current: optimum: with no neutrons or gamma rays (other than cosmic rays) incident on the PSND, the average event count rate per unit area must be less than 0.02 counts/s-cm^2.

Specification 10: Gamma sensitivity: optimum: ≤ 10-5 for gamma ray energies less than 500 keV (i.e. boron capture gammas) Specification 2: Spatial resolution: optimum: < 1 mm x 1 mm (fwhm) Specification 3: Pixel Size: optimum: 0.2 mm x 0.2 mm Specification 4: Position linearity: optimum: ≤ 5 % deviation from linear response over full height and width of active area Specification 6: Detection uniformity: optimum: detection efficiency shall not vary by more than 5 % over the entire active area of the detector

EXPERIENCE:

The Government will evaluate the offerors experience performing similar work, specifically, relevant experience to this project and how its experience will ensure successful completion of the project. Experience in customizing detectors for specific applications shall also be considered.

PAST PERFORMANCE:

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

Price: The Government will evaluate price for reasonableness.

1352.233-70 AGENCY PROTESTS (APR 2010)

(a) An agency protest may be filed with either (1) the Contracting Officer, or (2) at a level above the Contracting Officer, with the agency Protest Decision Authority. See 64 Fed. Reg. 16,651 (April 6, 1999).

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

NIST/ACQUISITION MANAGEMENT DIVISION

ATTN: PATRICK STAINES, CONTRACTING OFFICER

100 Bureau Drive, MS 1640 Gaithersburg, MD 20899

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

ATTN: HEAD OF THE CONTRACTING OFFICE (HCO)

100 Bureau Drive, MS 1640 Gaithersburg, MD 20899

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

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

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

Washington, D.C. 20230

FAX: (202) 482-5858

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

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

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

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

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

Washington, D.C. 20230

FAX: (202) 482-5858

(End of clause)