SB1341-16-RQ-03474.pdf

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 -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 UNDER AUTHORITY OF FAR PART 13.

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) 2005-88.

1352.215-72 INQUIRIES (APR 2010)

Offerors must submit all questions concerning this solicitation in writing, via email, to both the Contract Specialist (christopher.mcgucken@nist.gov) and the Contracting Officer (Lynda.Roark@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 334516 with a small business size standard of 1000 employees.

This acquisition is being competed under full and open competition.

BACKGROUND

The National Institute of Standards and Technology (NIST) plans to acquire a microfluidic upright compound microscope inspection and measurement station capable of fluorescence detection for optical imaging of “body-on-a-chip” microfluidic platforms in the Center for Nanoscale Science and Technology (CNST) user facility. The system will be sited in the CNST Nano/MicroBiomedical

Measurement Devices Laboratory as a resource for experiments requiring imaging of living tissues in modular microfluidic devices containing nanoscale sensors.

It will be accessible to researchers in the CNST and to outside users via collaboration.

The research conducted in the Nano/MicroBiomedical Measurement Devices

Laboratory requires customizable configurations of the microfluidics work station for specific experimental considerations that will evolve as the research progresses. This customization process includes adding, removing, or exchanging hardware components. In order to increase CNST’s capability to serve the biomedical community by development of novel microfluidic platforms for body-on-a-chip applications, NIST has a need for a microfluidic microscope and measurement station capable of fluorescence detection for testing custom-designed and built microfluidic devices with constant flow rate and pressure without damaging or altering the devices.

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

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

• CLIN 0001 (Firm-Fixed Price): One (1) microfluidic microscope system, (inclusive of a microfluidic probe, connection system, microfluidic pump(s), delivery system, microscope, imaging system, computer and software) that meet or exceed the following requirements below, delivery, installation, training and warranty:

Requirements:

1. GENERAL SYSTEM REQUIREMENTS.

a. The system shall be a stand-alone desktop tool.

b. All components of the microfluidic inspection system (stage, microscope, microfluidic pump, delivery system, microfluidic probes) shall be integrated with a computer and software.

c. The system and all components shall run on standard US electrical

110V/60Hz.

2. MICROFLUIDIC PROBE AND CONNECTION SYSTEM.

a. The microfluidic probe and connection system shall make adjustable compressive contacts to devices designed and fabricated anywhere without damaging or altering the device.

b. The microfluidic probe and connection system shall allow flexible positing of samples to accommodate device sizes of irregular shape up to 100 mm in diameter or on a side.

c. The microfluidic probe and connection system shall provide non-permanent but tight seal connections to substrate materials including PDMS, silicon and glass.

d. The microfluidic probe and connection system shall connect to devices with port sizes ranging from 500 µm to 2 mm. A higher technical rating will be given to systems who have the ability to connect to port sizes less than 500 µm or larger than 2 mm.

3. MICROFLUIDIC PUMP(S) AND DELIVERY SYSTEM.

a. The microfluidic pump(s) shall deliver either liquid or gas to the fluidic device.

b. The Microfluidic pump(s) and delivery system shall be capable of delivering liquid with constant flow and gas with constant pressure

c. The microfluidic pump(s) shall have at least four (4) channels for gas or liquid.

d. The four (4) microfluidic pump channels shall be capable of channel-to-channel communication when under software control.

e. The microfluidic pump(s) shall deliver flow rates in the range of

0.1 uL/min to 80 uL/min.

f. The microfluidic pump(s) shall be programmable and work as a stand-alone pump or be controlled by software.

g. The microfluidic pump(s) shall have an integrated flow sensor capable of operating in the range from 0.1 uL/min to 100 uL/min.

h. The flow sensor, compressor and microprocessor must all be integrated into the pump(s) for stand-alone operation.

4. MICROSCOPE AND IMAGING SYSTEM.

a. The microscope shall have a manual X/Y stage to support samples up to 100 mm diameter or 100 mm on a side.

b. The microscope shall have a zoom range up to 500x.

c. The microscope shall be capable of epifluorescence, bright field and dark field detection.

d. The microscope shall be capable of 2D imaging.

e. The microscope shall be equipped with a high speed digital camera capable of imaging and video recording at a rate of at least 50 frames per second(fps). A higher technical rating will be given to systems capable of recording frame rates higher than 50fps.

5. DATA RECORDING AND IMAGE ANALYSIS.

a. The system shall be accompanied by a computer equipped with

Microsoft Windows 7 operating system. The computer provided shall have a minimum of 16 BG RAM and a minimum of a 500 GB hard disk space.

b. The computer along with all software shall be integrated with the camera to store and display images and videos.

c. The computer along with all software shall be integrated with the microfluidic pump(s) to monitor and control the fluid delivery.

d. The software shall have stitching capability to form composite images of the device.

e. The software shall be capable of 2D measurements.

f. The software shall be capable of real-time image measurement.

g. The software shall be able to store and export data. The format for data export shall be compatible with standard scientific data processing programs (MatLab, Origin, ImageJ).

6. SAFETY.

a. The overall system and all components shall meet all UL safety standards.

DOCUMENTATION

The Contractor shall provide an operator’s manual describing operation and care for the offered system.

DELIVERY:

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

20899-1640.

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 any 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.

INSTALLATION:

Within eight (8) weeks from receipt of the system at a time mutually agreed on by the contractor and the TPOC [TBD], The Contractor shall install the system in the Center for Nanoscale Science & Technology (CNST) Building 216, Room E122 Gaithersburg, MD.

Installation shall include, at a minimum, uncrating/un-packaging of all equipment, set-up and hook-up of all equipment, start-up, and demonstration of all required specifications. Technical personnel experienced with the system shall install the system and perform all activities necessary to ensure the system is fully functional and meets all required specifications.

Installation shall be included in the total firm-fixed price.

TRAINING:

The Contractor shall schedule and conduct a two (2) hour training for up to three (3) NIST personnel, on-site at NIST Gaithersburg campus. Training shall include all aspects of system operation and basic troubleshooting.

The training may be completed at NIST immediately after installation, however it must be completed not later than 30 days after installation.

Installation and training must be scheduled, in advance, with the NIST

Technical Point of Contact (TPOC).

WARRANTY:

The Contractor shall warrant the entire system for a period of at least one

(1) year. At a minimum, the warranty shall provide one year of phone support and cover parts & labor on repairs.

The vendor shall submit warranty documentation with their quotation.

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.

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:

Line Item No.: Country of Origin:

[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:

Line Item No.: Country of Origin:

[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)

(a) 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;

52.222-36, Affirmative Action for Workers with Disabilities;

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

52.225-3 --Buy American Act–Free Trade Agreements–Israeli Trade Act w/Alt

III;

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

In addition to the inspection and acceptance terms articulated in 52.212-4, the Government reserves the right to perform such performance tests and evaluations as defined below to verify specified system performance. Such tests and evaluations, if performed, shall be conducted within the environment that the system is to be operated within two (2) weeks of installation. The Contractor has the right to be present during the tests and evaluations, if performed, at the Contractor’s expense.

The microscope will be tested with a standard microfluidic device to verify that the unit meets the technical specifications after installation.

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 3:00 p.m. Eastern Time on June 24th, 2016. FAX quotations shall not be accepted. E-mail quotations shall be accepted at

Christopher.mcgucken@nist.gov and Lynda.Roark@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.

ADDENDUM TO FAR 52.212-1, QUOTATION PREPARATION INSTRUCTIONS

1) PRICE QUOTATION:

The offeror shall submit (1) one copy of the completed price schedule.

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.

http://farsite.hill.af.mil/VFCARA.HTM

2) TECHNICAL QUOTATION:

The offeror shall submit one (1) copy of the technical quotation The technical quotation shall address the following:

TECHNICAL CAPABILITY:

The offeror shall provide documentation that demonstrates that the equipment shall be capable of meeting or exceeding the minimum requirements. The offeror shall submit a technical description or product literature for the equipment it is proposing, which clearly identifies the manufacturer, make and model. The offeror must demonstrate that its proposed equipment meets or exceeds each minimum requirement described in the statement of work by providing a citation to the relevant section of its technical description or product literature. The contractor shall not simply state they will meet the requirement: evidence must be provided.

For the purpose of evaluating the offeror’s ability to meet or exceed the requirements 2.d & 4.d, offerors shall provide brochures and a list of publications demonstrating this ability.

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) PAST PERFORMANCE:

The offeror shall provide past performance information regarding relevant contracts over the past five (5) years with Federal, state, or local governments, or commercial customers.

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

Officer if applicable; the date of delivery or the date services were completed and a description of the equipment sold to each reference.

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

4) EXPERIENCE:

The offeror shall demonstrate the extent to which it has recently manufactured, fabricated, and distributed similar equipment. Vendors shall submit a list of at least three similar systems supplied in the past five (5) years. Information shall include the model name/number, date of sale, end user name, and end user contact information.

5) 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.

6) The Dun and Bradstreet Number (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.

7) Quoters shall include a completed copy of the attached provision, “Representation by Corporations Regarding an Unpaid Delinquent Tax

Liability or a Felony Conviction Under Any Federal Law (Class

Deviation) (March 2015)” with their quotation.

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 factor “Meeting or Exceeding the minimum requirements,” 2) Past

Performance, 3) Experience and 4) Price. Technical Capability, Past

Performance and Experience, when combined, are more important than price.

TECHNICAL CAPABILITY:

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

UNDER THE TECHNICAL CAPABILITY FACTOR, ALL OFFERORS MUST MEET THE MINIMUM

REQUIRED SPECIFICATIONS AS STATED HEREIN.

HOWEVER, OFFERORS THAT ARE CAPABLE OF PROVIDING A SYSTEM THAT CAN EXCEED THE

FOLLOWING REQUIREMENTS, SHALL BE GIVEN HIGHER TECHNICAL RATING, IN NO

PARTICULAR ORDER:

1) Requirement (2.d): A higher technical rating will be assigned to systems whose microfluidic probe and connection systems have the ability to connect to port sizes less than 500 µm or larger than

2 mm.

2) Requirement (4.d): A higher technical rating will be assigned to systems that are capable of recording frame rates higher than 50 frames per second..

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 five years. In assessing the offerors past performance information, NIST will evaluate, as appropriate, successful performance of contract requirements, quality and timeliness of delivery of goods and services, cost management, communications between contracting parties, proactive management and customer satisfaction. Evaluation of this factor will be based on information contained in the technical portion of the quotation and information provided by references. The Government will evaluate past performance information by contacting appropriate references, including NIST references, if applicable. The Government may also consider other available information in evaluating the offerors past performance. The

Government will assign a neutral rating if the offeror has no relevant past performance information.

EXPERIENCE:

NIST will evaluate the extent of the offeror's experience providing the same or similar equipment and will consider the relevance of the offeror's experience to the current requirement. In demonstrating prior experience, the contractor must have delivered microfluidic microscope workstations meeting or exceeding the requirements identified above

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: LYNDA ROARK, 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)