SDS_AUTHORING_11-28-2016.doc

FBO ANNOUNCEMENT: COMBINED SYNOPSIS/SOLICITATION

ACTION CODE: <COMBINED>

CLASSIFICATION CODE: F1 – ENVIRONMENTAL SYSTEMS PROTECTION

SUBJECT: SAFETY DATA SHEET (SDS) AUTHORING SERVICES

SOLICITATION NO.: SB1341-17-RQ-0074

RESPONSE DATE: 21 Dec 2016

CONTACT POINTS: Randy Schroyer, Contract Specialist; 301/975-6314 (T)

Andrea Parekh, Contracting Officer; 301/975-6984 (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) 2005-92.

The associated North American Industrial Classification System (NAICS) code for this procurement is 518210 with a small business size standard of $32.5M. This acquisition is 100% set-aside for small business.

The National Institute of Standards and Technology (NIST), Office of Safety, Health and Environment (OSHE), has a requirement to acquire Safety Data Sheet (SDS) authoring services in accordance with (IAW) the Statement of Work (SoW) and Safety Data Sheet Authoring Request document included as attachments for this Combined Synopsis/Solicitation.

BASE PERIOD

CLIN 0001: The Contractor shall provide hazard classification and Safety Data Sheet (SDS) authoring services, on an as-needed basis IAW the SoW and associated Attachments A-B.

QTY: 1 YR

OPTION YEAR 1

CLIN 0002: The Contractor shall provide hazard classification and Safety Data Sheet (SDS) authoring services, on an as-needed basis IAW the SoW and associated Attachments A-B.

QTY: 1 YR

OPTION YEAR 2

CLIN 0003: The Contractor shall provide hazard classification and Safety Data Sheet (SDS) authoring services, on an as-needed basis IAW the SoW and associated Attachments A-B.

QTY: 1 YR

OPTION YEAR 3

CLIN 0004: The Contractor shall provide hazard classification and Safety Data Sheet (SDS) authoring services, on an as-needed basis IAW the SoW and associated Attachments A-B.

QTY: 1 YR

OPTION YEAR 4

CLIN 0005: The Contractor shall provide hazard classification and Safety Data Sheet (SDS) authoring services, on an as-needed basis IAW the SoW and associated Attachments A-B.

QTY: 1 YR

MAGNITUDE: NIST presently has no historical data on the no. of SDS’s that may be required annually. However, based on a poll conducted by the Contracting Officer’s Representative (COR) with safety representatives throughout NIST, there is an expectation that 250 standard turn-around and 25 rush turn-around SDS’s would be required. However, NIST is unable to articulate an exact quantity to associate with each SDS Level 1-4.

***NOTE: DURING THE BASE PERIOD OR ANY SUBSEQUENT OPTION PERIOD, THE NO. OF SAFETY DATA SHEETS (SDS) REQUIRED, MAY BE GREATER THAN THE NO. THAT CAN BE ACCOMMODATED, BASED ON THE ANNUAL PROJECTED CEILING. TO MITIGATE THIS RISK, (2) OPTIONAL CLINS WILL BE INCORPORATED FOR THE BASE PERIOD AND SUBSEQUENT OPTION PERIODS IN INCREMENTS OF 50 FOR THE PURPOSE OF ACQUIRING ADDITIONAL SDS’s. THESE OPTIONAL CLINS WILL ONLY BE EXERCISED AND FUNDED IF THE ANNUAL PROJECTED CEILING IS EXPECTED TO BE EXCEEDED***

PAYMENT SCHEDULE

The Contractor shall be paid monthly in arrears based on SDS’s completed, in accordance with Net-30 day payment terms, upon receipt and acceptance of a proper invoice.

***This is an Open-Market Combined Synopsis/Solicitation for commercial SDS authoring 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 (20) 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 Technical Capability The offeror shall provide sufficient information to demonstrate its understanding of the tasks associated with hazard classification and SDS authoring as defined in the SoW, by providing a concise, detailed, and thorough discussion of its technical approach to: a) classifying chemical hazards and drafting SDS’s; and, b) maintaining a sufficient staff of SDS Authors with the required education and experience (as defined in Section 4.0 of the SoW) to prepare up to 15 SDS’s concurrently and comply with the standard or rush preparation times specified in Section 5.0b of the SoW.

***TO ASSIST IN ESTABLISHING TECHNICAL CAPABILITY, THE OFFEROR SHALL PROVIDE A SAMPLE LEVEL 4, HIGHLY COMPLEX SAFETY DATA SHEET***.

Technical Sub-Factor 2 Organizational Experience The offeror shall describe its organizational experience in performing three (3) recent and relevant contracts for hazard classification and SDS authoring of a similar nature in size and scope.

VOLUME II: PAST PERFORMANCE/REFERENCES

The offeror shall provide three (3) examples of past performance conducted within the last three (3) years of contracts for hazard classification and SDS authoring 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 SDS authoring services as defined in the SoW;

PROPOSED PRICING

All costs for preparation of the draft SDS, and revision of the draft SDS to a final SDS that is accepted by NIST, shall be included in the Contractor’s fixed unit prices for SDS01-SDS06 shown in each pricing table for each year of the not-to-exceed (NTE) purchase order.

CLIN 0001 BASE PERIOD

Standard Turn- Around $ Fixed Unit Price

Rush Turn-Around $

Basic SDS. Pure Substance

Complex SDS. Mixture containing two to five substances.

More Complex SDS. Mixture containing six to ten substances.

Highly Complex SDS. Mixture containing greater than 10 substances.

CLIN 0002 OPTION YEAR 1

Standard Turn- Around $ Fixed Unit Price

Rush Turn-Around $

CLIN 0003 OPTION YEAR 2

Standard Turn- Around $ Fixed Unit Price

Rush Turn-Around $

CLIN 0004 OPTION YEAR 3

Standard Turn- Around $ Fixed Unit Price

Rush Turn-Around $

CLIN 0005 OPTION YEAR 4

Standard Turn- Around $ Fixed Unit Price

Rush Turn-Around $

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

EVALUATION

The Government will award a not-to-exceed (NTE) 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 not-to-exceed (NTE) 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.

Sub-Factors 1-2 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 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 methodology for classifying hazards and drafting SDS’s; and, maintaining an adequate no. of staff with the required education and experience levels to accommodate completion of up to 15 SDS’s concurrently and comply with preparation times stated in the SoW.

The Government will evaluate the offeror’s sample Level 4 SDS to determine the extent to which the sample complies with the required content expressed in the Safety Data Sheet Authoring Request.

***Technical Sub-Factor 2 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 classify hazards and draft SDS’s for organizations similar to NIST.

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

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

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

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

(NR) Not Relevant: present/past performance effort 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 three (3) 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 pricing to determine whether the calculated standard turn-around and rush turn-around fees to prepare: a) Levels 1-4 SDS’s; b) addendum and/or updates to existing SDS’; and, c) “shipped” container label files, 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:

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

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 the NATO Support and Procurement 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 2016);

52.212-2 Evaluation—Commercial Items (OCT 2014);

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

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 2014);

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

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

52.217-5 Evaluation of Options (JUL 1990);

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.

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

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

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 (SEP 2016) — Commercial Items including subparagraphs:

52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006);

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016);

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

52.219-6 Notice of Total Small Business Set-Aside (NOV 2011);

52.219-13 Notice of Set-Aside of Orders (NOV 2011);

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

52.222-3 Convict Labor (JUN 2003);

52.222-19 Child Labor—Cooperation with Authorities and Remedies (Oct 2016);

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

52.222-26 Equal Opportunity (SEP 2016);

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) 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: Andrea Parekh, 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;

1352.201-72 Contracting Officer’s Representative (COR);

1352.209-73 Compliance with the Laws;

1352.209-74 Organizational Conflict of Interest;

1352.216-77 Ceiling Price;

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

1352.239-70 Software License Addendum;

1352.239-71 Electronic and Information Technology;

1352.246-70 Place of Acceptance;

1352.270-70 Period of Performance;

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 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 7 Dec 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 21 Dec 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, Contract Specialist, on 301/975-6314.