SB1341-16-RQ-0383_RTP.docx

SB1341-16-RQ-0383

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) 2005-87.

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 334516 with a small business size standard of 1000 employees.

This acquisition is 100% set-aside for small business.

In accordance with the non-manufacturer rule, the contractor shall be a small business under the applicable size standard and shall provide either its own product or that of another domestic small business manufacturing or processing concern. See FAR 19.102(f) for additional information.

BACKGROUND

The Center for Nanoscale Science and Technology (CNST) at the National Institute for Standards and Technology (NIST) has a requirement for the purchase of one automated load lock, two throttle valves and control software upgrades for two existing Denton Vacuum Discovery-550 sputtering tools to support nanofabrication in the Center for Nanoscale Science and Technology (CNST), NIST’s nanotechnology user facility. The sputtering tools are sited and used in the CNST NanoFab as a shared resource accessible to researchers from industry, academia, NIST, and other government agencies.

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): Upgrades to two (2) Denton Vacuum Discovery-550 Sputtering Tools which shall meet or exceed the minimum specifications identified herein.

GENERAL DESCRIPTION

The NIST CNST NanoFab operates two Denton Vacuum Discovery-550 sputtering tool to deposit thin films of various metals and insulators, designated by their serial numbers 49064 and 43814.

S/N 49064:

In its present condition, each user must spend an average of 60 minutes to perform one sputtering run. Of these 60 minutes, 45 are required to pump the chamber down from atmospheric pressure to the required 4 x 10-4 Pa (3 x 10-6 Torr) after loading the wafer. These 45 minutes can be reduced to 10 minutes by upgrading the tool with an automated loading chamber ("loadlock") system allowing the main chamber to remain under high vacuum during sample insertions, thus reducing the total run time from 60 to 25 minutes. The upgrade shall enable the operator to load a wafer without breaking the vacuum in the sputter tool chamber, and through software control automatically evacuate the loadlock, open an intra-chamber gate valve, transfer the wafer to the sputter tool, retract the loadlock manipulator, close the gate valve, and commence a pre-programmed sputter deposition process. After the process is completed, the loadlock system shall automatically return the wafer to the loadlock for removal by the user. This upgrade will more than double the throughput of this tool and thereby increase both productivity and customer satisfaction.

The throttle valve (sometimes referred to as “control gate valve”) upgrade will provide control of the process pressure independently from the gas flows (argon, nitrogen and oxygen) which will give researchers the means of adjusting the stress in the deposited films. Presently, the sputter tool is equipped with a simple open/closed valve which does not offer such flexibility.

S/N 43814:

This system needs to be upgraded with a throttle valve (sometimes referred to as “control gate valve”) which will provide control of the process pressure independently from the gas flows (argon, nitrogen and oxygen) and will give researchers the means of adjusting the stress in the deposited films. Presently, this sputter tool is equipped with a simple open/closed valve which does not offer such flexibility.

This instrument also needs a software upgrade of its control system. Presently, operation of the tool is done via a touch screen allowing only deposition of one material layer at a time. The upgrade shall be identical to the current software already installed on S/N 49064, allowing complete automatic deposition of multilayer films, including operation of the new throttle valve.

This shall enable redundancy between the two tools and allow users to operate either tool interchangeably.

REQUIRED SPECIFICATIONS:

1. SYSTEM CONFIGURATION: S/N 49064:

a. The loadlock system and throttle valve shall upgrade a Denton Vacuum Discovery-550 sputtering tool.

b. In order to accommodate the loadlock, a circular hole of diameter approximately 200 mm needs to be opened in the side of the sputtering chamber and a mating flange welded in place.

c. The loadlock shall be equipped with a motorized manipulator arm to transfer a wafer placed on a carrier plate into and out of the sputtering chamber.

d. The transfer sequences and sputter deposition process shall be completely automatic and consist of the following steps: pump down the loadlock to a suitable transfer pressure; open the gate valve; transfer the wafer carrier plate into the sputter chamber using a motorized manipulator; retract the loadlock manipulator; close the gate valve; pump down the sputter chamber to its base pressure; run the sputter deposition process; open the gate valve, transfer the carrier plate back into the loadlock; close the gate valve; and vent the loadlock to atmospheric pressure.

e. The loadlock and transfer mechanism shall be compatible with the existing sputtering tool features, including wafer heating to 400 ⁰C, carrier plate rotation, and wafer RF bias.

f. The throttle valve shall have an inside diameter of 6 inches.

2. CONSTRUCTION: S/N 49064:

a. The loadlock chamber shall be made of electro-polished 304L-series stainless steel.

b. The throttle valve shall be made of electro-polished 304-series or 316-series stainless steel.

3. WAFER TRANSFER: S/N 49064:

a. The loadlock shall be capable of accepting and transferring one wafer at a time, with wafer diameters of 75 mm, 100 mm, and 150 mm. Wafers shall be transferred by means of a carrier plate fitting the existing rotating platform in the sputter chamber.

4. PUMPING SYSTEM: S/N 49064:

a. The loadlock chamber shall be capable of reaching a vacuum of 6.6 Pa (5 x10-2 Torr) in ≤ 5 minutes.

b. The loadlock may make use of the existing pumps on the sputter system.

c. The loadlock shall be equipped with the following:

i. Software-controlled, electro-pneumatic high vacuum gate valve between the loadlock chamber and the sputter chamber;

ii. Software-controlled, electro-pneumatic roughing valve;

iii. Software-controlled, electro-pneumatic vent valve;

iv. Vacuum gauge on the loadlock chamber interfaced to the sputter tool system controller; and

v. A quick-access-type loadlock door with viewport (minimum diameter 50 mm).

d. The throttle valve shall be capable of regulating the chamber pressure from 0.013 Pa (0.1 mTorr) to 13 Pa (100 mTorr).

5. SOFTWARE: S/N 49064:

a. The loadlock software shall integrate seamlessly with the existing sputtering tool software and the programmable logic controller.

b. The software shall be capable of an automated, unattended process sequence as described in section 1.d above from wafer-in to wafer-out.

c. The software shall provide the following options:

i. Manual operation of loadlock and sputter tool;

ii. Automatic operation of loadlock and sputter tool: auto-pump, auto-vent and auto-deposition;

iii. Operation of the sputter tool without use of the loadlock;

iv. Abort button to stop any process step.

d. The throttle valve controller shall integrate seamlessly with the existing sputtering tool software and the programmable logic controller.

6. SOFTWARE: S/N 43814:

a. The software shall be capable of an automated, unattended process sequence as described in section 1.d above from wafer-in to wafer-out.

b. The software shall be identical to what is installed in S/N 49064.

c. The software shall provide the following options:

i. Manual operation of loadlock and sputter tool;

ii. Automatic operation of loadlock and sputter tool: auto-pump, auto-vent and auto-deposition;

iii. Operation of the sputter tool without use of the loadlock;

iv. Abort button to stop any process step.

7. THROTTLE VALVE: S/N 43814:

a. The throttle valve shall have an inside diameter of 8 inches.

b. The throttle valve shall be made of electro-polished 304-series or 316-series stainless steel.

c. The throttle valve shall be capable of regulating the chamber pressure from 0.013 Pa (0.1 mTorr) to 13 Pa (100 mTorr).

d. The throttle valve shall be integrated into the new control software.

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.

INSTALLATION:

The Contractor shall install the system upgrades in the CNST NanoFab clean room, Building 215, Room B104, 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.

TRAINING:

The Contractor shall schedule and conduct training for at least 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 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).

INSPECTION & ACCEPTANCE:

Final acceptance shall be contingent on the vendor demonstrating that all the specifications set forth in the solicitation have been met.

WARRANTY:

The system shall have a warranty of one year for parts and labor starting on the date of acceptance at the customer site. This warranty shall include phone support within 1 business day and on-site support within 2 business days.

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.

52.225-2 -- Buy American Certificate.

Buy American Certificate (May 2014)

(a) The offeror certifies that each end product, except those listed in paragraph (b) 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 offeror shall list as 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.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”

(b) Foreign End Products:

[List as necessary]

(c) 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 52.209-11 – Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.

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) 52.203-98, 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:

52.203-6, Restrictions of Subcontractor Sales to the Government;

52.204-10, Reporting Executive Compensation and First Tier Contract awards;

52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment;

52.209-10, Prohibition on Contracting with Inverted Domestic Corporations;

52.219-6, Notice of Total Small Business Set-Aside;

52.219-8, Utilization of Small Business Concerns;

52.219-14, Limitations of Subcontracting;

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;

52.222-40, Notification of Employee Rights under the National Labor Relations Act;

52.222-50, Combating Trafficking in Persons;

52.222-54, Employment Eligibility Verification;

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

52.225-1 --Buy American—Supplies;

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)

(a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract. (b) The place of acceptance will be: 100 Bureau Drive, Bldg. 215, Room B104, Gaithersburg, MD. 20899-0001.

(End of clause)

INSPECTION AND ACCEPTANCE

Final acceptance shall be contingent on the vendor demonstrating that all the specifications set forth in the solicitation have been met.

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 May 27, 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 301-975-6205.

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 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. Offerors shall submit a completed copy of the Technical Compliance Matrix (Attachment A) with their technical quotation.

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.

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) Past Performance, and 3) Price. Technical Capability and Past Performance are approximately equal in importance 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. 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.

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.

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)