DEVELOP_MASS_SPECTRAL_LIBRARIES_OF_NATURAL_PRODUCTS_16-RQ-0795_8-2016.doc

FBO ANNOUNCEMENT: COMBINED SYNOPSIS/SOLICITATION

ACTION CODE: <COMBINED>

CLASSIFICATION CODE: R4 – SUPPORT, PROFESSIONAL

SUBJECT: DEVELOP MASS SPECTRAL LIBRARIES OF NATURAL PRODUCTS

SOLICITATION NO.: SB1341-16-RQ-0795

RESPONSE DATE: 18 Aug 2016

CONTACT POINTS: Randy Schroyer, Contracting Officer; 301/975-6314 (T)

Wendy Paulo, Contracting Officer; 301/975-3976 (T) THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS AND SERVICES 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. FAR PART 13 SIMPLIFIED ACQUISITION PROCEDURES ARE UTILIZED IN THIS PROCUREMENT. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTATIONS ARE BEING REQUESTED AND A WRITTEN SOLICITATION DOCUMENT WILL NOT BE ISSUED. THIS 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) 2005-89.

The associated North American Industrial Classification System (NAICS) code for this procurement is 541712 with a small business size standard of 1,000 employees. This acquisition is unrestricted and all interested Offerors may submit a firm fixed-price quotation in accordance with the Statement of Work (SoW).

The National Institute of Standards and Technology (NIST), Material Measurement Laboratory (MML), Biomolecular Measurement Div. (BMD), Mass Spectral Data Center (MSDC) has a requirement to acquire support for continued development of the Mass Spectral Library and Automated Mass Spectral Deconvolution and Identification System (AMDIS) by analyzing data generated by gas chromatography – mass spectrometry (GC-MS) methods.

BASE PERIOD

CLIN 0001: The Contractor shall provide assistance in the development of AMDIS and the Mass Spectra Library by analyzing data generated by GC-MS in accordance with the SoW.

QTY: 1 JOB

CLIN 0002: Approved Travel Expenses associated with CLIN 0001 (to be reimbursed IAW the Federal Travel Regulation as prescribed by the General Services Admin.). Travel, subsistence and local transportation shall be supported with a breakdown, which shall include: number of trips anticipated, number of person days, cost-per-trip-per-person, destination(s) proposed, number of person(s) scheduled for travel, mode(s) of transportation, lodging and M&IE, and mileage allowances, if privately-owned vehicles will be used.

QTY: 1 LOT (TO BE EXPRESSED AS A NOT TO EXCEED VALUE)

OPTION YEAR 1

CLIN 0003: The Contractor shall provide assistance in the development of AMDIS and the Mass Spectra Library by analyzing data generated by GC-MS in accordance with the SoW.

QTY: 1 JOB

CLIN 0004: Approved Travel Expenses associated with CLIN 0003 (to be reimbursed IAW the Federal Travel Regulation as prescribed by the General Services Admin.).

QTY: 1 LOT (TO BE EXPRESSED AS A NOT TO EXCEED VALUE)

STATEMENT OF WORK

Development of Mass Spectral Libraries of Natural Products

I. BACKGROUND

The National Institute of Standards and Technology (NIST), Material Measurement Laboratory (MML), Biomolecular Measurement Division (BMD) in Gaithersburg, MD is responsible for the development of chemical databases to accomplish NIST’s mission to carry out collection, compilation, critical evaluation, publication and sale of standard reference data in accordance with Public Law 90-396. 90th Congress, H.R. 6279, July 11, 1968.

Chemical databases provide standard reference data for laboratories, both within NIST and to the worldwide scientific community. The Mass Spectrometry Data Center (MSDC), a component of the BMD, is responsible for the development of the NIST/NIH/EPA Mass Spectral Library (Mass Spectral Library) (http://www.nist.gov/srd/nist1a.cfm) and the Automated Mass Spectral Deconvolution and Identification System (AMDIS) (http://chemdata.nist.gov/dokuwiki/doku.php?id=chemdata:amdis).

The development of the Mass Spectral Library and AMDIS includes analyzing data generated by gas chromatography – mass spectrometry (GC-MS) methods.

II. OBJECTIVES/PURPOSE

The Contractor shall assist in the development of AMDIS and the Mass Spectral Library by analyzing data generated by GC-MS.

III. SPECIFIC REQUIREMENTS

BASE PERIOD AND OPTION YEAR 1

Task AUTONUMLGL \* Arabic \e : The Contractor shall examine data from GC-MS experiments that have been previously collected by the MSDC. The Contractor shall focus on data that has been collected using samples prepared from various natural products, including standard reference materials (SRM) from urine, essential oils, plant extracts, and Chinese Hamster Ovary (CHO)/E.Coli cells. The goal of such examination shall be to identify the recurrent unidentified spectra (RUS) that repeat across the spectra collected for the natural products.

Task AUTONUMLGL \* Arabic \e : The Contractor shall examine the RUS identified in Task 1 and select high quality spectra as set forth in “The critical evaluation of a comprehensive mass spectral library”, published in the Journal American Society for Mass Spectrometry, 1999, vol. 10, p, 287-299. For the selected spectra, the Contractor shall create data files of the RUS and retention indices in the AMDIS format

(http://chemdata.nist.gov/dokuwiki/lib/exe/fetch.php?media=chemdata:amdis.pdf).

Task AUTONUMLGL \* Arabic \e : The Contractor shall perform testing on the AMDIS software in order to identify errors in the program. Once identified, the Contractor shall correct those errors in the software.

During the Base Period 13 Sep 2016 through 12 Sep 2017, testing is required in preparation for the 2017 release of the Mass Spectral Library.

During the Option Period 13 Sep 2017 through 12 Sep 2018, testing will only be required as a part of ongoing maintenance efforts.

Task AUTONUMLGL \* Arabic \e : The Contractor shall perform quality control on the Mass Spectral Library in order to ensure that the data meets the quality standards set forth in “The critical evaluation of a comprehensive mass spectral library”, published in the Journal American Society for Mass Spectrometry, 1999, vol. 10, p, 287-299. The Contractor shall also test the software that runs the Mass Spectral Library to identify errors.

During the Base Period 13 Sep 2016 through 12 Sep 2017, quality control is required in preparation for the 2017 release of the Mass Spectral Library.

During the Option Period 13 Sep 2017 through 12 Sep 2018, quality control will only be required as a part of ongoing quality control efforts.

Task AUTONUMLGL \* Arabic \e : The Contractor shall prepare and provide a Monthly Status Report (MSR) to the Technical Point of Contact (TPoC) via e-mail. The MSR, at a minimum, shall include (1) a summary of the work performed on each task and (2) future work to be performed on each task. The Contractor shall provide the MSR in MS Word Format, NLT the 10th day of each month after award.

Task AUTONUMLGL \* Arabic \e a. The Contractor shall travel to and attend the following conferences:

BASE PERIOD

65th American Society for Mass Spectrometry Conference (ASMS) (http://www.asms.org/conferences), June 4 - 8, 2017, in Indianapolis, IN.

OPTION YEAR 1

66th American Society for Mass Spectrometry Conference (ASMS) (http://www.asms.org/conferences), June 3-7, 2018 in San Diego, CA

2018 International Mass Spectrometry Conference (IMS) (http://www.imss.nl/events.html), August 2018

Task 6b. The Contractor shall prepare and present a poster on RUS in natural products at each of the conferences defined in Task 6a.

The Contractor shall provide a draft of each of the posters to the NIST TPoC for review and comment, NLT two weeks in advance of the start date of each conference. The Contractor shall implement any requested revisions to each poster prior to presenting.

IV. TRAVEL

All travel shall occur in support of and in accordance with this Statement of Work. All travel shall occur in accordance with the Federal Travel Regulation. All allocable, allowable and reasonable travel expenses will be reimbursed in accordance with the Federal Travel Regulation.

V. PLACE OF PERFORMANCE

All services shall be performed at NIST’s, Gaithersburg, MD campus during normal business hours, which are Monday through Friday, 7:00 a.m. to 7:00 p.m., with the exception of Federal holidays or other official closures.

During an anticipated closure of the NIST facility due to declared holidays, administrative leave granted to the entire government staff, or other closures, the Contractor will not be required to perform services on the campus, unless specifically scheduled. In the event of facility closure due to natural disasters, severe weather, emergencies, staff furloughs, early closure, or added holiday, the Contractor, if scheduled to work, shall not report to work for the duration of the shutdown unless directed/approved in writing in advance, or shall arrive/leave as directed in the event of late openings/early closings. In the event of a facility closure, the Contractor shall not be compensated nor penalized for the time of the closure.

The Contractor will not be allowed to work at the NIST facility unless a designated government employee is present or unless out-of-hours work is authorized by the CO or TPoC.

VI. PERIOD OF PERFORMANCE

BASE PERIOD: 13 Sep 2016 through 12 Sep 2017

OPTION YEAR 1: 13 Sep 2017 through 12 Sep 2018

VII. GOVERNMENT FURNISHED PROPERTY, DATA AND/OR INFORMATION

Any property, data and/or information provided by the Government during performance remains the property of the Government and shall be surrendered to the Government upon completion or termination of this requirement. Likewise, all deliverables generated under this requirement remain the property of the Government.

Post award, the Government will provide the Contractor with all equipment and tools needed in the performance of this requirement. The Government will also furnish the Contractor with an office, furnished with a desk, chair, computer, and a telephone. The Contractor will be granted access to the Mass Spectral Library, AMDIS, and all scientific data of the Mass Spectrometry Data Center.

Space used by the Contractor during performance of services may be used for other purposes during their absences. Items of clothing, personal effects, or equipment cannot be secured by NIST during their absence. The Government will not incur any liability for theft, damage to, or loss of such personal items.

VIII. DELIVERABLES

The Contractor shall perform in accordance with the foregoing task requirements and is responsible for successfully providing all corresponding deliverables as included in the table below. The Contractor shall submit deliverables to the TPoC via e-mail.

Travel to 65th ASMS Conference in Indianapolis, IN Option Period:

Travel to 66th ASMS Conference in San Diego, CA

Travel to IMS Conference

June 3-7, 2018

August 2018

65th ASMS Conference Poster

Option Period:

66th ASMS Conference Poster

IMS Conference Poster

PowerPoint

IX. PERFORMANCE REQUIREMENTS SUMMARY

The Contractor shall submit deliverables to the NIST TPoC via e-mail. The TPoC will provide comments via e-mail on each deliverable within 14 calendar days from receipt if revisions are required. The Contractor shall make any needed changes to each deliverable, and submit each revised deliverable via e-mail, within 14 calendar days from receipt of comments from the TPoC.

X. ATTACHMENT

“The Critical Evaluation of a Comprehensive Mass Spectral Library”, published in the Journal American Society for Mass Spectrometry, 1999, vol. 10, p, 287-299.

XI. CONTRACTOR’S MINIMUM QUALIFICATIONS

The Key Personnel shall have: 1.) B.S., M.S., or Ph.D. degree in Chemistry or Physics with a minimum of 20 credits in physics and/or chemistry, 2.) A minimum of 5 years of experience in analyzing GC-MS data files, 3.) A minimum of 5 years of experience of developing mass spectra libraries and deconvolution software, 4.) A minimum of 3 years of experience in programming in C++, and 5.) A minimum of 2 years of experience identifying RUS.

Education completed in foreign colleges or universities may be used to meet the minimum educational requirement. The Contractor must demonstrate that the foreign education credentials are at least equivalent to the minimum educational requirements above.

XII. GENERAL INFORMATION

Safety: The Contractor is responsible for knowing and complying with NIST safety policies as set forth in the NIST Laboratory Safety Manual, which will be provided to the Contractor within two weeks of the date of the award.

Security: NIST is a restricted campus. An identification badge is required for access for entry into buildings and is shown to the armed Security Police when entering the campus.

Identification Badges: The Contractor shall comply with NIST identification and access requirements. The Contractor is responsible for absences due to expired identification and access documents. The Contractor shall wear a visible identification badge provided by the NIST Security Office. The badge must show the full name, title, and if required by NIST, the words “Contractor” in front. The Contractor shall turn in the NIST identification badge and vehicle pass to the TPoC or Contracting Officer (CO) upon termination of their services under this award.

Vehicle Registration: The Contractor shall register their vehicle(s) with the NIST Security Office to gain access to the campus. A valid driver’s license, Government-furnished civilian ID, proof of insurance and current registration must be presented to the NIST Security Office, at which time a NIST vehicle pass will be issued. The pass shall be displayed as instructed by the NIST Security Office. The Contractor shall follow NIST procedures for removal and turn-in of the vehicle pass upon termination of services under this award.

Media Inquiries: The Contractor shall not respond to any media inquiries. Any inquiries from the media shall be immediately relayed to the TPoC and/or CO. There shall be no interviews, comments, or any other response without the knowledge and approval of the NIST Director.

***This is an Open-Market Combined Synopsis/Solicitation for commercial database development services as defined in the SoW. The Government intends to award a Purchase Order as a result of this Combined Synopsis/Solicitation that will include the terms and conditions that are set forth herein. In order to facilitate the award process, ALL quotations shall include a statement regarding the terms and conditions herein as follows:

The Offeror shall state “The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition.”

OR

The Offeror shall state “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).

Offerors that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

***Please note that 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 Offeror’s FSS or GWAC contract, and the statement required above shall be included in the quotation.

***QUOTATION PREPARATION INSTRUCTIONS***

***All offerors shall submit the following:

Each quotation shall consist of three (3) separate electronic files: (a) Technical Quotation (Vol. I); (b) Past Performance/References (Vol. II) and (c) Business/Pricing Quotation (Vol. III). Incomplete quotations may be considered non-compliant and removed from further consideration.

Quotations shall be clearly and concisely written as well as being neat, indexed (cross-indexed as appropriate) and logically assembled. All pages of each part shall be appropriately numbered and identified with the name of the offeror, the date, and the solicitation number. A one-page transmittal letter signed by an individual authorized to commit the organization shall be transmitted with the quotation to the Government. Each quotation shall be on 8.5” x 11” paper, in a commercially standard font, not smaller than 12-point font. Each page in the quotation shall be separately numbered. The quotation shall be limited to twenty-five (25) single-sided, single-spaced pages (excluding the letter of transmittal, cover letter, and past-performance information).

Overall Arrangement of Documents

Technical Quotation addressing all technical sub-factors (Volume I) - No pricing information shall be included in the technical quotation

Past Performance/References (Volume II)

Business/Pricing Quotation (Volume III)

VOLUME I: TECHNICAL

NIST will evaluate quotations, based on the information submitted in support of the following sub-factors:

Technical Sub-Factor 1 Organizational Experience

The offeror shall describe its organizational experience in performing three (3) recent and relevant contracts for chemical database development and maintenance of a similar nature in size and scope to the AMDIS and Mass Spectral Library.

Technical SubFactor 2 Key Personnel Qualifications

The offeror shall demonstrate by a resume that its proposed key personnel have the qualifications noted in Section XI of the SoW.

Technical Sub-Factor 3 Technical Approach The offeror shall provide sufficient information to demonstrate its understanding of the tasks associated with chemical database development as defined in the SoW and the complexities involved in maintaining these databases, by providing a concise, detailed, and thorough discussion of its technical approach to successfully provide the services required.

VOLUME II: PAST PERFORMANCE/REFERENCES

The offeror shall provide up to three (3) examples of past performance conducted within the last five (5) years of contracts for chemical database development and maintenance services with federal, state or local governments and/or commercial customers. If the offeror has no relevant past performance it should include a statement to that effect in its quotation. The government reserves the right to consider past performance data obtained from sources other than those provided by the offeror in its quotation.

The description of each reference described in this section shall not exceed a half page. For each of the contracts, the offeror shall provide the following information:

· Contract number

· Client’s name and address and point of contact, including telephone number and e-mail address

· Dollar value

· Period of performance

· Narrative describing the requirement and its relevance to the current requirement

· Name of contracting officer or point of contact, telephone number and e-mail address

VOLUME III: BUSINESS/PRICE QUOTATION

1. Price - firm, fixed-price for the required technical services as defined in the SoW; the following tables shall be used for labor and travel calculation purposes BASE PERIOD (13 Sep 2016 through 12 Sep 2017)

PROPOSED LABOR CATEGORIES

Task 1 – Examine Data from GC-MS Experiments

1.

2.

3.

Total Hours=

Task 2 – Examine Recurrent Unidentified Spectra (RUS)

1.

2.

3.

Total Hours =

Task 3 – AMDIS Software Testing

1.

2.

3.

Total Hours=

Task 4 – Mass Spectral Library Quality Control

1.

2.

3.

Total Hours =

Task 5 – Prepare Monthly Status Reports (MSRs)

1.

2.

3.

Total Hours =

Task 6a – Attend ASMS Conference

TOTAL: $

Task 6b – Poster Preparation

1.

2.

3.

Total Hours=

OPTION YEAR 1 (13 Sep 2017 through 12 Sep 2018)

PROPOSED LABOR CATEGORIES

Task 1 – Examine Data from GC-MS Experiments

3.

4.

3.

Total Hours=

Task 2 – Examine Recurrent Unidentified Spectra (RUS)

3.

4.

3.

Total Hours =

Task 3 – AMDIS Software Testing

1.

2.

3.

Total Hours=

Task 4 – Mass Spectral Library Quality Control

1.

2.

3.

Total Hours =

Task 5 – Prepare Monthly Status Reports (MSRs)

1.

2.

3.

Total Hours =

Task 6a – Attend ASMS and IMS Conferences

TOTAL ASMS: $

TOTAL IMS: $

Task 6b – Poster Preparation

1.

2.

3.

Total Hours=

The Offeror is encouraged to discount its rates. If price discounts are offered, identify the percentage of price discount and/or price reduction offered.

****ALL OFFERORS SHALL PROPOSE A PAYMENT SCHEDULE FOR THE DELIVERABLES SPECIFIED IN THE STATEMENT OF WORK(SoW) FOR BOTH THE BASE PERIOD AND OPTION YEAR 1****

EVALUATION

The Government will award a firm fixed-price purchase order resulting from this solicitation that will include the terms and conditions that are set forth herein to the responsible offeror whose quotation is the most highly rated, and conforming to the solicitation, results in the best value to the Government, non-price and price factors considered. NIST reserves the right to make award to other than the lowest-priced offeror or to the offeror ranked highest technically, if it determines that to do so would result in the best value to the Government.

The Government intends to make a single award and reserves the right to make no award as a result of this solicitation.

The Government intends to evaluate quotations and award a firm fixed-price purchase order without discussions with offerors. Therefore, the offeror's initial quotation should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any and or all quotations if such action is in the public interest; accept other than the lowest price quotation; and waive informalities and minor irregularities in quotations received.

Non-price factors are listed in descending order of importance. Technical is more important than Past Performance. Technical sub-factors are of equal importance. Technical and Past Performance, when combined, are approximately equal in importance to price.

Technical Sub-Factors 1-3 will be rated in accordance with the following definitions:

(HS) Highly Satisfactory: quotation exceeds requirements in a way that benefits the Government or meets requirements and contains enhancing features, which benefit the Government.

(S) Satisfactory: Quotation meets the minimum requirements. Any weaknesses are minor and will have little or no impact on task order performance.

(U) Unsatisfactory: Quotation does not comply substantially with requirements.

Adjectival ratings will be individually assigned for all Sub-Factors 1-2.

EVALUATION CRITERIA

Technical Technical Sub-Factor 1 Organizational Experience

The Government will evaluate the offeror’s organizational experience examples submitted to determine the extent to which the offeror’s general background and experience demonstrate its ability to develop and maintain chemistry databases comparable to the AMDIS and Mass Spectral Library.

Technical Sub-Factor 2 Key Personnel Qualifications

The Government will evaluate the extent to which the resume(s) submitted for the proposed key personnel demonstrate compliance to the minimum qualifications defined in Section XI of the SoW.

Technical Sub-Factor 3 Technical Approach The Government will evaluate the offeror's technical approach based on the information contained in the technical quotation to determine the extent of its understanding of the requirements, including the soundness of the offeror's proposed methodology(s) to effectively meet and comply with the tasks outlined in the SoW.

Past Performance/References will be rated in accordance with the following definitions:

(VR) Very Relevant: present/past performance efforts involved essentially the same scope and magnitude of effort and complexities as this solicitation requires.

(R) Relevant: present/past performance efforts involved a similar scope and magnitude of effort and complexities as this solicitation requires.

(SR) Somewhat Relevant: present/past performance efforts involved some of the scope and magnitude of effort and complexities as this solicitation requires.

(NR) Not Relevant: present/past performance efforts involved little or none of the scope and magnitude of effort and complexities as this solicitation requires.

Adjectival ratings will be individually assigned for Past Performance/References.

Past Performance:

The Government will evaluate the Offeror’s past performance information 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 (5) years. In assessing the Offeror’s past performance, NIST may evaluate the quality, timeliness, and ability to control cost and schedule of past work. Offerors with no relevant past performance will not be rated favorably or unfavorably. Past performance will be evaluated by contacting appropriate references, including NIST references, if applicable.

PRICE:

The Government will evaluate the offeror's proposed price per task for the base and option periods and the projected travel-related expenses for the base and option periods to determine whether the proposed prices and expenses comply with the instructions articulated above and are realistic, complete, and reasonable in relation to the solicitation requirements.

Pricing will not be evaluated for quotations that are determined technically unacceptable under the Technical Capability and Organizational Experience evaluation factors.

***APPLICABLE PROVISIONS AND CLAUSES***

The full text of a FAR provision or clause may be accessed electronically at http://acquisition.gov/far/index.html

The following FAR provisions apply to this acquisition:

52.204-7 System for Award Management (JUL 2013);

52.204-16 Commercial and Government Entity Code Reporting (JUL 2016);

52.204-17 Ownership or Control of Offeror (JUL 2016);

52.204-20 Predecessor of Offeror (JUL 2016)

Predecessor of Offeror (JUL 2016)

(a) Definitions. As used in this provision–

“Commercial and Government Entity (CAGE) code” means–

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

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

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

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

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

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

Predecessor CAGE code: ________ (or mark “Unknown”)

Predecessor legal name: _________________________

(Do not use a “doing business as” name)

(End of provision)

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations – Representation (NOV 2015);

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction Under any Federal Law (FEB 2016) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)

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

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

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

(b) The Offeror represents that—

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

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

(End of provision)

52.212-1 Instructions to Offerors – Commercial Items (OCT 2015);

52.212-2 Evaluation—Commercial Items (OCT 2014;

52.212-3 Offerors Representations and Certifications- Commercial Items (JUL 2016);

52.217-5 Evaluation of Options (JUL 1990);

52.222-22 Previous Contracts and Compliance Reports (FEB 1999);

The offeror represents that—

It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation;

It □ has, □ has not filed all required compliance reports; and

Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

(End of provision) 52.222-25 Affirmative Action Compliance (APR 1984);

52.225-25 Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran – Representation and Certifications (OCT 2015);

In accordance with FAR 52.212-3 Offeror Representations and Certifications – Commercial Items, quoters must complete annual representations and certifications on-line at www.SAM.gov. If paragraph (j) of the provision applies, a written submission is required.

52.252-1 Solicitation Provisions Incorporated by Reference

Solicitation Provisions Incorporated by Reference (Feb 1998)

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

All interested offerors must be actively registered in the System for Award Management (SAM) website located at https://www.sam.gov and must complete annual representations on-line in SAM 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.

The following FAR clauses apply to this acquisition:

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.

52.204-13 System for Award Management Maintenance (JUL 2013);

52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016);

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

52.212-4 Contract Terms and Conditions – Commercial Items (MAY 2015);

52.217-8 Option to Extend Services.

Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 10 days of contract expiration.

52.217-9 Option to Extend the Term of the Contract.

Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 1 day; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 10 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011);

52.223-6 Drug-Free Workplace (MAY 2001);

52.227-17 Rights in Data – Special Works (Dec 2007);

52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013);

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013);

52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004);

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984);

52.245-1 Government Property (APR 2012);

52.245-9 Use and Charges (APR 2012);

52.252-2 Clauses Incorporated by Reference;

Clauses Incorporated By Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://acquisition.gov/far/index.html

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders (JUN 2016) — Commercial Items including subparagraphs:

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2015);

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015);

52.219-28 Post Award Small Business Program Rerepresentation (JUL 2013);

52.222-3 Convict Labor (JUN 2003);

52.222-21 Prohibition of Segregated Facilities (APR 2015);

52.222-26 Equal Opportunity (APR 2015);

52.222-35 Equal Opportunity for Veterans (OCT 2015);

52.222-36 Affirmative Action for Workers with Disabilities (JUL 2014);

52.222-37 Employment Reports on Veterans (FEB 2016);

52.222-50 Combatting Trafficking in Persons (MAR 2015);

52.223-18 Contractor Policy to Ban Text Messaging While Driving (AUG 2011);

52.225-13 Restriction on Certain Foreign Purchases (JUN 2008); and 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (JUL 2013) The following Department of Commerce (CAR) provisions and clauses apply to this acquisition. The CAR can be accessed online at http://www.ecfr.gov/cgi-bin/text-idx?SID=6b3121d28d772a0296241b81d731dbf1&mc=true&node=pt48.5.1352&rgn=div5

PROVISIONS:

1352.215-72 Inquiries (Apr 2010)

Offerors must submit all questions concerning this solicitation in writing to the Contract Specialist within five (5) business days of the posting. 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.

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 appropriate 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 Div.

Attn: Randy Schroyer, Contracting Officer

100 Bureau Dr., M/S 1640

Gaithersburg, MD 20899

(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: NIST/Acquisition Management Div.

Attn: Head of the Contracting Office (HCO)

100 Bureau Dr., M/S 1640

Gaithersburg, MD 20899

(d) A complete copy of all agency protests, 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, NW

Washington, DC 20230

FAX: 202/482-5858

CLAUSES:

1352.201-70 Contracting Officer’s Authority (Apr 2010);

1352.209-73 Compliance with the Laws (Apr 2010);

1352.209-74 Organizational Conflict of Interest (Apr 2010);

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

1352.237-71 Security Processing Requirements – Low Risk Contracts (Apr 2010);

1352.237-75 Key Personnel (Apr 2010);

1352.239-72 Security Requirements for Information Technology Resources (Apr 2010);

1352.246-70 Place of Acceptance (Apr 2010);

1352.270-70 Period of Performance (Apr 2010);

NIST LOCAL CLAUSE - BILLING INSTRUCTIONS:

(a) NIST prefers electronic Invoice/Voucher submissions and they should be emailed to invoice@nist.gov

(b) Each Invoice or Voucher submitted shall include the following: (1) Contract Number. (2) Contractor Name and Address. (3) Date of Invoice. (4) Invoice Number. (5) Amount of Invoice and Cumulative Amount Invoiced to-date. (6) Contract Line Item Number (CLIN). (7) Description, Quantity, Unit of Measure, Unit Price, and Extended Price of Supplies/Services Delivered. (8) Prompt Payment Discount Terms, if Offered. (9) Any other information or documentation required by the contract.

(c) In the event electronic submissions are not used, The Contractor shall submit an original invoice or voucher in accordance with the payment provisions of this contract to:

NIST: Accounts Payable Office

100 Bureau Drive, Mail Stop 1621

Gaithersburg, MD 20899-1621

NIST LOCAL CLAUSE – TRAVEL NOTE:

(a) The Government will reimburse the contractor for all necessary expenses in connection with travel authorized pursuant to this order/contract. Costs incurred for lodging, meals, and incidental expenses shall be considered to be reasonable and allowable only to the extent that they do not exceed on a daily basis the maximum per diem rates in effect at the time of travel as set forth in the Federal Travel Regulations prescribed by the General Services Administration.

(b) Subsistence is authorized in accordance with the DoC and Federal Travel Regulations. Invoices requesting reimbursement for travel must be accompanied by itemized paid receipts. The invoices must be submitted to the payment office elsewhere in this order/contract.

And other appropriate clauses as needed

Department of Commerce Agency-Level Protest Procedures Level above the Contracting Officer is also incorporated. It can be downloaded at www.nist.gov/admin/od/contract/agency.htm ***Offerors shall e-mail their quotation to randy.schroyer@nist.gov so that it is received by the response date/time for this solicitation. It is the responsibility of the offeror to confirm NIST’s receipt of its quotation. Each quotation shall include sufficient data to allow the Government to determine the amount, realism and consistency of the quoted fixed price. An e-mail quotation will be considered received when it is received in the electronic in-box of randy.schroyer@nist.gov not later than the date and time identified herein.

This RFQ does not commit the Government to pay any costs for the preparation and submission of a quotation.

The Contracting Officer is the only individual who can legally commit and obligate the Government to the expenditure of public funds in connection with this proposed acquisition.

Any questions regarding this solicitation shall be submitted in writing via e-mail to randy.schroyer@nist.gov no later than 11:00AM EST 10 Aug 2016. The Government will only respond to written questions. Questions submitted after this date and time may not be addressed by the Government prior to the quotation submission deadline.

***The due date and time for receipt of quotations is 18 Aug 2016 no later than 5:00PM EST.

Only information received on or before the due date and time for receipt of quotations will be considered for award. Any quotation, or part thereof, received after the due date and time for receipt of quotations, will be deemed late and not considered for award.

Because of heightened security, electronic delivery methods are the preferred method of delivery of quotations. If quotations 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 Randy Schroyer, Contracting Officer, on 301/975-6314.