Combined_Synopsis_Solicitation_-_SB1341-16-RQ-0898.docx

RFQ NUMBER SB1341-16-RQ-09240898

Linear Displacement Laser SystemNeutron Generator

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.

This solicitation is a Request for Quotation (RFQ). The solicitation document 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 334516 with a small business size of 1000 employees.

This acquisition is being set aside 100 percent for small businesses.competed under full and open competition

1352.215-72 INQUIRIES (APR 2010)

Offerors must submit all questions concerning this solicitation in writing to january.magyar@nist.gov. Questions should be received no later than 3 5 calendar days after the issuance date of this solicitation. Any responses to 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. The backup point of contact is Lynda Roark at Lynda.Roark@nist.gov.

(End of Provision)

BACKGROUND:

The National Institute of Standards and Technology (NIST), Physical Measurement Laboratory’s (PML) Radiation Physics Division (RPD), develops, maintains and disseminates the measurement standards for ionizing radiations and radioactivity in the United States. The Neutron Physics Group provides measurement services, standards, and fundamental research in support of NIST's mission as it relates to neutron technology and neutron physics. The national interests served include industrial research and development, national defense, homeland security, higher education, electric power production, and, more specifically, neutron imaging, scientific instrument calibration and development, neutron source calibrations, detection of concealed nuclear materials, radiation protection, and nuclear and particle physics data.

The purpose of this acquisition is the purchase of a 14 mega-electron volt (MeV) deuterium-tritium neutron generator that will operate in the Californium Neutron Irradiation Facility (CNIF). The device is required to provide monoenergetic (14 MeV) neutrons for use in dosimetry and calibration applications, neutron spectroscopy, and high-dose neutron irradiations. In addition to being used by the Neutron Physics Group for its core program, the facility is available for outside users that come from academia, industry, and other governmental laboratories.

PURPOSE AND OBJECTIVES OF THE PROCUREMENT:

The overall objective of this acquisition is to acquire one 14 MeV neutron generator to be used by the Radiation Physics Division at NIST.

The Contractor shall provide a Firm Fixed Price quotation for the following: Dimensional Metrology Group (DMG) of the Engineering Physics Division provides reimbursable long length measurement services for customer provided length standards. The NIST tape tunnel is constructed to perform these measurements and currently employs an 80-meter linear interferometer to establish traceability to the meter. The current laser system used for this purpose is no-longer supported by the vendor and DMG requires replacement. DMG is seeking to purchase a new linear interferometer with environmental compensation.

This acquisition is for a linear displacement laser system.

STATEMENT OF WORK/REQUIREMENTS:

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

The Contractor shall provide a Firm-Fixed Price quotation for the following Contract Line Item (CLIN):

CLIN 0001: One (1) 14 MeV neutron generator that meets or exceeds the following minimum specifications:linear displacement laser system that meets or exceeds the following required specifications:

Minimum System Requirements:

· The output of the generator must have a maximum yield capability of 5x108 (500 million) neutrons per second and nominal yield of 3x108 (300 million) neutrons per second.

· The generator must operate in both a pulsed mode and a continuous mode. In pulsed mode, the minimum pulse width is 5 microseconds.

· The generator must have a minimum usable lifetime of 1,500 hours at its nominal output yield.

· The neutron generator body must be less than 800 cm long and have less than a 10 cm diameter.

· The generator must operate on 120 V, 60 Hz power.

· The generator must not require any cooling method other than air cooling.

· The generator must come with self-contained software for operation.

Documentation:

The contractor shall provide an operator’s manual describing operation and care for the offered system. The contractor shall submit the manual in BOTH hardcopy and electronic formats.

Training:

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

The training must be completed at NIST within 90 days after delivery.

· The linear interferometer laser shall be accompanied by appropriate accessories to measure 80-meter range.

· The system shall have an environmental compensation system to measure and correct the wavelength of light in air.

· Shall have the capability of linear measurement accuracy specification of 0.5 ppm or better.

· Shall have a laser head stage to provide the ability to align the laser when fixture on a standard laser tripod.

· Shall be accompanied by software that provides the ability for data to be captured and logged by manual or electronic triggering with external signal.

· Shall be accompanied by software that has the capability to allow for the capture of linear, angular, rotary axis, flatness, straightness and squareness.

· The laser must be compatible with existing Renishaw short and long range linear, straightness and squareness optics

· Receiver shall be built into the laser head assembly with no requirement for external receiver.

· Software shall be compatible with the Windows 7 operating system. The physical installation disk for the software shall be included for Windows 7 operating system.

· Shall maintain laser frequency stability of 0.05 ppm over 1 year.

· The system offered shall be accompanied by a one (1) year warranty, inclusive of parts and labor.

Delivery:

Delivery should shall be FOB DESTINATION (Gaithersburg, MD) and shall be in accordance with the contractor’s standard commercial delivery timeframe. completed within four (4) months from date of award.

The contractor shall ensure that item is delivered in a manner that ensures that no breakage occurs. NIST will not accept any physically broken or damaged items.

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.

TThe contractor shall deliver all Line Items to:

The National Institute of Standards and Technology 100 Bureau Drive, Bldg. 220245, Room A018G023 Gaithersburg, MD 20899-1640

All delivery costs must be included in quoter’s total firm-fixed price.

Inspection and Acceptance:

Inspection and acceptance will be in accordance with FAR 52.212-4(a). Inspection will occur at NIST in Gaithersburg, MD.

· Inspection tests shall be performed by a government representative utilizing a government owned facility, such as the CNIF. The acceptance includes the verification of the specifications listed above in the Minimum System Requirements.Section Some verification only requires visual inspection while others require operation of the generator. Specifically, operational tests will include the demonstration of the operation of the neutron generator in both continuous and pulsed mode operation, and the output of the generator will be measured by methods developed by the Neutron Physics Group and verified in international comparisons.

· The government shall accept equipment if it meets all performance standards outlined in the inspection tests above.

· The government shall perform the above inspection tests within twenty (20) business days after training at NIST, Gaithersburg, MD. The final payment shall only be made after the equipment is deemed compliant with all inspection tests.

Express Warranty:

The contractor shall warrant the comparators for a period of at least one (1) year. The warranty must include unlimited telephone/e-mail support for questions regarding operation. All costs including replacement of defective parts, labor, travel, and other expenses necessary to repair the system will be borne solely by the contractor at no additional cost to the U.S. Government during the warranty period.

The vendor shall submit warranty documentation with their quotation.

The warranty shall be included in the total firm-fixed price.

Inspection and Acceptance:

Inspection and acceptance will be in accordance with FAR 52.212-4(a). Inspection will occur at NIST in Gaithersburg, MD. Equipment must be fully compliant to all minimum required specifications upon receipt before payment shall be authorized.

Due Date for Quotations

Offerors shall submit their quotations so that NIST receives them not later than 5:00 p.m. Eastern Time on August 22, 2016. FAX quotations shall not be accepted. E-mail quotations shall be accepted at January.magyar@nist.gov . Offeror’s quotations shall not be deemed received by the Government until the quotation is entered into the e-mail address inbox set forth above.

Quotations may also be sent to the National Institute of Standards and Technology, Acquisition Management Division, Attn: January Magyar, 100 Bureau Drive, Stop 1640, Gaithersburg, MD 20899-1640.

All Offerors should 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 Ching HungJnauary Magyar, Contract Specialist on 301-975-36355442.

Addendum to FAR 52.212-1, Quotation Preparation Instructions

1) Price Quotation:

The offeror shall submit an original and one copy of the price quotation. If the quotation is submitted electronically, additional copies are not required. The pricing quotation shall be separate from any other portion of the quotation. The offeror shall propose a firm-fixed-price quotation for each CLIN. 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. If the quotation is submitted electronically, additional copies are not required. The technical quotation shall address the following:

Technical Capability:

The offeror shall submit a technical description or product literature for the system it is proposing, which clearly identifies each requirement listed above. The offeror must demonstrate that its proposed system meets or exceeds each minimum requirement described above 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. If applicable, evidence that the Offeror is authorized by the original provider to provide the item(s) in the quotation should be included.

3) Acceptance of Terms and Conditions:

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 should 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 offeror’s FSS or GWAC contract, and the statement required above shall be included in the quotation.

Evaluation Factors

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. If the quotation is submitted electronically, hard copies are still required. 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. 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. If the quotation is submitted electronically, additional hard copies are still required. The technical quotation shall address the following:

Technical Capability: The offeror shall submit a technical description and/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. If applicable, evidence that the Offeror is authorized by the original equipment manufacturer to provide the item(s) in the quotation should be included.

If standard product literature and/or technical descriptions do not address all required specifications, offerors must provide narratives and/or explanation of the work that will be performed to meet the requirement(s). All proposed work must be addressed in sufficient detail that all technical requirements are discussed and that the intended outcome of the work can be clearly discerned.

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. If the offeror intends to subcontract with another firm(s) for part of this requirement, that firm’s past performance information shall also be provided. 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. It is required that at least 3 contacts be referenced.

The description of each contract/order described in this section shall not exceed one half page in length. For each contract/order, the offeror shall provide the following information:

a. Contract number;

b. Description and relevance to solicitation requirements including dollar value;

c. Period of Performance – indicate by month and year the state and completion (or “ongoing”) dates for the contract;

d. Reference Contact – If a non-Government contract, identify the name and address of the client with current telephone number and email address of a point of contact of the client responsible for the contract;

e. Contracting Office – If a Government contract (Federal or state), identify the Procuring Contracting Officer (PCO), administrative Contracting Officer (ACO), and Contracting Officer’s Representative (COR), and their names, current telephone numbers and email addresses.

f. Problems Encountered – include information regarding information regarding any problems encountered on the contracts described above and corrective actions taken to resolve those problems.

4) Acceptance of Terms and Conditions: 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 should 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 offeror’s FSS or GWAC contract, and the statement required above shall be included in the quotation.

5) 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;

6) 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.

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. All non-price factors, when combined, are more important to price.

1. Technical Capability: No prototypes, demonstration models, used or refurbished instruments will be considered. 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. NIST will give preference to offerors who demonstrate that their proposed equipment exceeds NIST’s requirements.

2. Past Performance: The Government will evaluate the Offeror's 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 offeror's 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 Offeror’s past performance. The Government will assign a neutral rating if the offeror has no relevant past performance information.

3. Price: The Government will evaluate price for reasonableness.

Award shall be made to the offeror whose quotation is determined technically acceptable and is lowest in price. The Government will evaluate quotations based on the following evaluation criteria: 1) Technical Capability and 2) Price.

1. Technical Capability: No prototypes, demonstration models, used or refurbished instruments will be considered. 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 offerors technical description and/or product literature does not indicate whether its proposed equipment meets a certain minimum requirement. NIST will determine that it does not meet the requirements.

2. Price: The Government will evaluate price for reasonableness.

PROVISIONS AND CLAUSES:

Provisions:

52.252-1 Solicitation Provisions Incorporated by Reference

This contract incorporates one or more 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. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.acquisition.gov/far/.

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)

Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2014)

(1) In accordance with Sections 536 and 537 of Division B of Public Law 113-76 Consolidated Appropriations Act, 2014, none of the funds made available by Consolidated Appropriations Act, 2014 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 the 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)

52.204-7 – System for Award Management

52.204-16 – Commercial & Government Entity Code Reporting

52.204-17 – Ownership or Control of Offeror

52.204-19 – Incorporation by Reference of Representations and Certifications

52.212-1 – Instructions to Offerors-Commercial Items

52.212-3 – Offerors 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.

52.219-1 - Small Business Program Representation

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

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

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

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

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

[List as necessary]

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

Other Foreign End Products:

[List as necessary]

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

(End of provision) Clauses

52.252-2 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): www.acquisition.gov

52.204-10 – Reporting Executive Compensation and First-Tier Subcontract Awards

52.204-13 – System for Award Management Maintenance 52.204-18 – Commercial & Government Entity Code Maintenance

52.204-19 – Incorporation by Reference of Representations and Certifications

52.209-10 – Prohibition on Contracting with Inverted Domestic Corporations

52.212-4 Contract Terms and Conditions—Commercial Items (May 2015) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items.

The following additional FAR clauses cited in FAR 52.212-5 are applicable to this acquisition FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) FAR 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015)

FAR 52.219-28 Post Award Small Business Program Rerepresentation (Jul 2013) FAR 52.222-3 Convict Labor (June 2003) FAR 52.222-19 Child Labor (Jan 2016) FAR 52.222-21 Prohibition of Segregated Facilities (Apr 2015) FAR 52.222-26 Equal Opportunity (Apr 2015) FAR 52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014) FAR 52.222-50 Combating Trafficking in Persons (Mar 2015) FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) FAR 52.225-3 Buy American – Free Trade Agreements – Israeli Trade Act, Alt. II (May 2014) FAR 52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008) 52.219-4 – Notice of Price Evaluation Preference for HUBZone Small Business Concerns

52.232-33 Payment by Electronic Funds Transfer – System for Award Management (Jul 2013)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

52.232-40 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (DEVIATION)(AUG 2013) 52.247-35 F.o.b. Destination, Within Consignee’s Premises (Apr 1984)

(a) The term “f.o.b. destination, within consignee’s premises,” as used in this clause, means free of expense to the Government delivered and laid down within the doors of the consignee’s premises, including delivery to specific rooms within a building if so specified.

(b) The Contractor shall— (1)(i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

52.203-99, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (DEVIATION 2015-02) (FEB 2015)

a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with 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 contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

c) The prohibition in paragraph (a) of this clause 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.

d) (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), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the Contractor fails to comply with the provisions of this clause. (End of clause)

DEPARTMENT OF COMMERCE ACQUISITION REGULATION (CAR) CONTRACT CLAUSES INCLUDED BY REFERENCE

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)

1352.233-70 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 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 agency 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 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, 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)

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: NIST, 100 Bureau Drive, Bldg., 220245, Room A018G023, Gaithersburg, Maryland, 20899

NIST LOCAL_04 Billing Instructions

(a)The Contractor shall submit an original invoice or voucher in accordance with the payments provisions of this contract to:

NIST

Accounts Payable Office 100 Bureau Drive, Mail Stop 1621 Gaithersburg, MD 20899-1621 FAX Number: 301-975-8283 Email: 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 extendedpriceextended price of supplies/services delivered.

(8) Prompt payment discount terms, if offered.

(9) Any other information or documentation required by the contract.

(END OF CLAUSE)

NIST LOCAL_47 POINT OF CONTACT/ORDER CONTACT (P/OC)

a. TO BE COMPLETED UPON AWARD is hereby designated as the Point of Contact/Order Contact (P/OC). The P/OC may be changed at any time by the Government without prior notice to the Contractor by a unilateral modification to the Contract. The P/OC is located at:

Phone Number:_____________

b. The responsibilities and limitations of the P/OC are as follows:

(1) The P/OC is responsible for the technical aspects of the project and serves as technical liaison with the Contractor. The P/OC is also responsible for the final inspection and acceptance of all reports, and such other responsibilities as may be specified in the contract.

(2) The P/OC is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the Contract price, terms or conditions. Any Contractor request for changes shall be referred to the Contracting Officer directly or through the P/OC. No such changes shall be made without the expressed prior authorization of the Contracting Officer (CO). The CO may designate assistant or alternate P/OC(s) to act for the P/OC by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the Contractor.

(END OF CLAUSE)