SB1341-16-RQ-0423.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 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 UNDER THE AUTHORITY OF FAR PART 13.5 TEST

PROGRAM FOR CERTAINCOMMERCIAL ITEMS.

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) 2005-89.

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, only 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 as full and open competition.

BACKGROUND

The National Institute of Standards & Technology (NIST) intends to procure a Complementary Metal-Oxide Semiconductor (CMOS)-based imaging camera for an existing FEI Titan transmission electron microscope (TEM).

The TEM is located in the Center for Nanoscale Science and Technology (CNST)- NIST’s nanotechnology user facility. The TEM currently supports nanofabrication and nanoscale materials research and development conducted by researchers from industry, academia, NIST, and other Government agencies. The TEM is an essential tool to NanoFab users and there is an increasing demand for high resolution imaging, especially at lower electron dose, and for video capture capability. To meet these requirements, a CMOS-based TEM imaging camera is necessary in order to increase NIST’s capacity to serve NanoFab users and provide state-of-the-art technical capabilities for acquiring images and diffraction data. The camera will be used to provide higher quality TEM imaging and movie-making for specimens such as those requiring low electron dose, in situ heating experiments, and/or electron diffraction studies.

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) CMOS Based Camera for a FEI Titan TEM, Software, Delivery, Installation, Training and Warranty which shall meet or exceed the following requirements described below:

GENERAL SYSTEM REQUIREMENTS:

1) General Requirements of the CMOS Based Camera.

a) The camera shall have a CMOS type sensor, fiber optically coupled to the scintillator with a 1:1 aspect ratio.

b) The camera shall have at least a 4096 x 4096 field of view.

c) The pixel size shall be 15 µm or smaller.

d) The dynamic range shall be a minimum of 16 bits. In addition, the dynamic range shall also scale with exposure time.

e) The detective quantum efficiency (DQE)shall be 10% at half Nyquist in full 4k x 4k imaging mode at 200kV.

f) The frame rate shall be a minimum of 25 frames per second at full 4k x 4k resolution and at least 300 fps at

512 x 512 resolution. A higher technical rating will be assigned to systems with higher frame rates at full 4096 x 4096 resolution and 512 x 512 resolutions.

g) The camera shall be capable of acquiring single images and movies.

h) The camera shall have the ability to record both low-dose images and high dose images.

i) The camera shall have a buffering capability to record a minimum of fifteen (15) seconds of data prior to the onset of data acquisition, especially in movie mode, allowing for the recording of fast occurring reactions. A higher technical rating will be assigned to systems who’s buffering capabilities exceed fifteen (15) seconds.

j) The camera shall have a rolling shutter design to give a duty cycle of a minimum of 99% for movie acquisition.

k) The camera shall have a capacity for movie acquisition at both 1:1 and 16:9 high definition aspect ratios.

l) The camera shall have a minimum storage capability of fifteen (15) minutes for movies, and shall have the capability for expansion of storage.

2) Software requirements for the CMOS Based Camera.

a) The software shall have acquisition modes that can be specified to select for the desired conditions: low dose, high signal-to-noise, diffraction, single image, or movie.

b) The software shall have live drift correction in all image modes, including at full 4k x 4k resolution.

c) The software shall have the ability to bin the image 1x, 2x, 4x, and 8x.

d) The software shall have a particle tracking feature for post processing of in situ data sets.

e) The software shall have the ability to rotate the image live time, so that interfaces can be lined up horizontally or vertically with the frame/page.

f) The software shall have the ability in post processing of the data to:

i) Align and average frames;

ii) Crop a segment in time out of a data set or movie;

iii) Generate a new data set from the original data set in the original data file format, for file size reduction;

iv) Add scale markers and time stamps to all frames of a movie.

g) The acquisition software and hardware shall be included with the camera.

h) The software shall have the ability to group the data from different experiments in different windows in the user interface.

i) The acquisition software shall have the ability to store data in a format that allows acquired images and movies to be read and processed off-line on Windows 7 64-bit computers.

j) Three licenses of the off-line image/data processing software shall be included with the purchase. The software shall be compatible with Windows 7 x64.

k) Priority will be given to software that allows off-line image processing with freeware.

3) Compatibility Requirements:

a) The TEM operating voltage shall be 80kV to 300 kV.

b) The camera shall be designed to mount on axis at the bottom of the FEI Titan 80-300 TEM column (low-base model), above the electron energy filter.

c) The camera shall be fully compatible with the existing Gatan GIF Quantum SE energy loss spectrometer

(model 963, retrofitted with a fast shutter) and the Gatan Orius 830 bottom-mount CCD camera, without any degradation of performance of the GIF and the Orius camera. Any additional housing required for mounting the CMOS camera, Orius camera, and the GIF onto the bottom of the TEM column shall be supplied by the vendor.

d) A safety mechanism must be implemented so that the Orius and CMOS camera cannot be inserted at the same time.

e) A higher technical rating will be assigned to offers with systems for which the computer and software for the CMOS camera are compatible with our existing GIF Quantum SE, to allow the GIF to run on later versions of GMS on the same Windows 7 64-bit PC as the CMOS camera.

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 sixteen (16) 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:

Installation shall be scheduled with the NIST POC [TBD] a minimum of two (2) weeks in advance, and shall take place within a month of delivery. The contractor shall send a factory authorized engineer to install the system in the Center for Nanoscale Science and Technology, Building 216, Room G115, Gaithersburg, MD.

Installation shall include, at a minimum, uncrating/unpackaging of all equipment, set-up and hook-up of all equipment, start-up, and demonstration of all required specifications. The Contractor shall be responsible for performing the system upgrade inclusive of all travel, labor, parts, and any additional expenses required.

TRAINING:

Following installation, the Contractor shall conduct training for at least two (2) NIST personnel, on-site at NIST Gaithersburg campus between Monday through Friday, 9:00 AM through 5:00PM Eastern Time. The training shall consist of one day of operator training, demonstration of supervisor maintenance mode operations, and operation and maintenance training as it pertains to the system upgrades.

The training may be completed at NIST immediately after installation; however, it must be completed no later than 30 days after installation.

WARRANTY:

The Contractor shall warrant all items furnished for a period of a minimum of one (1) year from the date of Government acceptance. The Contractor shall repair or replace, at no additional cost to the Government, any defective items inclusive of all travel, labor, parts, or other necessary expenses.

In addition, the warranty shall include routine annual preventative maintenance, telephone and email support for troubleshooting, maintenance by OEM factory trained personnel, and unscheduled maintenance and repairs including OEM replacement parts and labor by OEM factory trained personnel. In response to a service call being placed by NIST, the vendor shall provide phone or email response within one business day, and an on-site service visit shall be scheduled within 2 business days, to take place within 2 weeks.

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 (April 2016)

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 (r) of this provision.

52.225-6, Trade Agreements Certificate

Trade Agreements Certificate (May 2014)

(a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled “Trade Agreements.”

(b) The offeror shall list as other end products those supplies that are not U.S.-made or designated country end products.

Other End Products:

Line Item No. Country of Origin

[List as necessary]

(c) The Government will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the http://acquisition.gov/comp/far/index.html http://www.acquisition.gov/ https://www.acquisition.gov/far/html/FARTOCP25.html#wp225048

Contracting Officer determines that there are no offers for such products or that the offers for those products are insufficient to fulfill the requirements of this solicitation.

(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

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Apr 2014)

52.204-13 System for Award Management Maintenance

52.204-18 Commercial and Government Entity Code Maintenance

52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)

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 on Subcontractor Sales to the Government (Sept 2006), Alternate I

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

52.219-8, Utilization of Small Business Concerns (Oct 2014)

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

52.222-3, Equal Opportunity for Veterans;

52.222-36 Affirmative Action for Workers with Disabilities;

52.222-37 Employment Reports on Veterans (Feb 2016)

52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

52.222-50 Combating Trafficking in Persons (Mar 2015)

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

52.225-13 Restriction on Certain Foreign Purchases

52.232-33 Payment by Electronic Funds Transfer-System for Award Management

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

52.225-5 Trade Agreements

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

Final Acceptance shall take place within thirty (30) days of training. To be determined acceptable, the Government will shall consider the following criteria:

a) After the CMOS camera installation, the microscope shall be left completely aligned as in its present state.

If the GIF Quantum SE has to be dropped for the CMOS camera installation, the GIF alignments at 300kV, 200kV, and 80kV shall be checked to verify that they still meet specifications. Corrections to the GIF alignments shall be included in the cost of the camera. The magnification calibrations for the Orius camera and the Gatan GIF must be verified and corrected if required. The magnification calibration for the CMOS camera must be completed as part of the installation.

a) The original GIF Quantum SE specifications (model 963 with fast shutter upgrade) shall be demonstrated.

b) The integration of the upgraded hardware/software with the existing Titan TEM hardware and software shall be demonstrated, including switching between the Orius, GIF, and CMOS cameras. The software must reflect which camera is inserted. A safety mechanism must be implemented so that the Orius and CMOS camera cannot be inserted at the same time, and this safety feature shall be demonstrated.

c) The highest acquisition frame rates of the camera at full resolution and 512 x 512 shall be demonstrated.

d) Verification of proper operation of Offline analysis software shall be performed.

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

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 August 5th, 2016. FAX quotations shall not be accepted. E-mail quotations shall be accepted via e-mail 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 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.

2) TECHNICAL QUOTATION:

The offeror shall submit one 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 technical 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 must not simply state they will meet the requirement;

evidence must be provided.

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:

The award shall be made to the Contractor whose quote offers the best value. As such, the Government may select a vendor who has not quoted the lowest price or the highest rated technical submission. The government will evaluate the quotations based on the following evaluation criteria: 1) Technical Capability factor “Meeting or Exceeding the Requirements,” 2) Experience, 3) Past Performance and 4) Price. All non-price factors, when combined, are significantly more important than price. Technical capability and experience are more important than past performance.

1352.213-70, Evaluation Utilizing Simplified Acquisition Procedures

The Government will issue an order resulting from this request for quotation to the responsible offeror whose quotation results in the best value to the Government, considering both price and non-price factor. The following factors will be used to evaluate quotations.

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 technical 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 A HIGHER TECHNICAL RATING, IN NO

PARTICULAR ORDER:

1) Technical Requirement of the CMOS Camera (1.f): A higher technical rating will be assigned to cameras with the faster frame rate at full resolution, 4096 x 4096 pixels, and at 512 x 512 pixels.

2) Technical Requirement of the CMOS Camera (1.i): A higher technical rating will be assigned to cameras that have the ability to buffer or record at least 15 seconds of data prior to the onset of data acquisition, especially in movie mode, so that the onset of fast occurring reactions can be recorded.

3) Compatibility Requirements (3.e.): A higher technical rating will be assigned to offers with systems for which the computer and software for the CMOS camera are compatible with our existing GIF Quantum SE, to allow the GIF to run on later versions of GMS on the same Windows 7 64-bit PC as the CMOS camera.

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 successfully 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 provided a CMOS Camera equal to or better than the technical requirements described.

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)