FINAL_COMBINED_SYNOPSIS_SOLICITATION_03212017.docx

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 WRITTEN SOLICITATION DOCUMENT WILL NOT BE ISSUED. THIS SOLICITATION IS BEING ISSUED USING SIMPLIFIED ACQUISITION PROCEDURES UNDER THE AUTHORITY OF FAR 13.5 TEST PROGRAM FOR CERTAIN COMMERCIAL ITEMS.

This solicitation is a request for quotation. The solicitation document incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-94 and 95, effective January 19, 2017.

1352.215-72 INQUIRIES (APR 2010)

Offerors must submit all questions concerning this solicitation in writing to the contract specialist within seven (7) 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.

(end of provision)

The associated North American Industrial Classification System (NAICS) code for this procurement is 334516 with a small business size standard of 1,000 employees.

This requirement is being competed using full and open competition. All business concerns active and registered in SAM accordingly may submit a quotation.

***The National Institute of Standards and Technology is seeking to purchase an Optical Frequency Comb*** Background The mission of the Dimensional Metrology Group is ultra-precise length measurements, the metric for which is interferometry with lasers of known vacuum-wavelength. An optical frequency comb tied to the global-positioning system allows SI-traceable measurement of vacuum-wavelength for any metrology laser in the range 500 nm to 1050 nm and 1540 nm to 1565 nm.

Objectives

This procurement seeks an optical frequency comb system that will be used for calibrating vacuum-wavelength.

Scope

This procurement seeks the purchase and installation of an optical frequency comb. The frequency comb will be used in typical dimensional metrology lab conditions, 20 degC. The comb will typically be used as a reference wavelength to which other metrology lasers can be compared and/or calibrated, ie by using a frequency counter to measure the beat frequency between the comb and the metrology laser.

Requirements:

Offeror shall provide a firm fixed price (FFP) quotation for the following line items: (All equipment must be new. Used, refurbished, prototype, or remanufactured will not be considered for award).

CLIN 0002, Installation, as required below

CLIN 0003, Training, as required below

The system shall meet or exceed the minimum requirements identified below. All items must be new. Used or remanufactured equipment will not be considered for award. Experimental, prototype, or custom items will not be considered. The use of “gray market” components not authorized for sale in the U.S. by the proposer is not acceptable. All line items shall be shipped in the original manufacturer’s packaging and include all original documentation and software when applicable

The frequency comb metrology system consists of three inter-working parts: (1) the seed oscillator that produces a mode-locked laser in the near-infrared, (2) a visible-wavelength module that provides the amplification, frequency-doubling, and spectral broadening necessary for emission at visible wavelengths, and (3) the servo electronics that stabilize, diagnose, and read-out the optical frequency measurement. The technical requirements of these three inter-working parts are specified below:

1. Seed Oscillator Requirements:

a. Repetition frequency 250 MHz +/- 1 MHz

b. Repetition frequency tuning of at least 1 MHz in as fast as 20 seconds, without losing mode-locked operation

c. An electronic monitor of the repetition frequency should be provided, suitable for use as the input to a phase-locked loop

d. Output emission centered at 1550 nm +/- 15 nm with a span of 25 nm or more: the emission must cover 1542 nm

e. The power per comb mode (“power per tooth”) at 1542 nm shall be 10 nW or greater of linearly polarized light at the fiber output.

f. In addition to the fiber output at 1542 nm (item “e” above), the seed oscillator shall provide three or more other fiber-taps that each contain a portion or duplicate of the seed emission, with each fiber-tap carrying 5 mW or more. One of these fiber-taps shall be used for visible light generation (as detailed below). Another fiber-tap shall be used to generate and detect the offset frequency (item “g” next). The third fiber-tap shall be used for other purposes. The seed oscillator shall be capable of frequency-locked operation while all fiber-taps are simultaneously in use.

g. The seed oscillator shall provide an inline f-2f interferometer for detecting the offset frequency. The inline f-2f interferometer must be completely fiber-based, and achieve signal-to-noise ratios of greater than 35 dB in a 100 kHz resolution bandwidth

h. An electronic monitor of the offset frequency must be provided, suitable for use as the input to a phase- or frequency-locked loop

i. The seed oscillator must have actuators that can be servo-controlled to lock the repetition and offset frequencies to some reference frequencies (provided either externally or internally)

j. All software required to control/adjust/operate the seed oscillator shall be provided by the contractor

2. Visible-wavelength Module Requirements:

a. The input to the module must be provided by a fiber-tap off the seed oscillator

b. The module must provide a fiber-coupled output laser

c. The output emission at the polarization-maintaining fiber output shall have a linearly polarized power per comb mode of at least 2 nW, for the wavelengths 532 nm, 543 nm, and 633 nm. The power requirement corresponds to a spectral density of 60 uW or larger of optical power across 10 nm bandwidth. Emission at these wavelengths may be either simultaneous or user selectable.

d. The output emission must be a mode-locked spectrum, with “teeth” evenly spaced at the repetition frequency of the seed oscillator (ie, 250 MHz +/- 1 MHz)

e. All software required to control/adjust/operate visible module shall be provided by the contractor

3. Servo Electronics Requirements:

a. Must provide two separate phase- or frequency-locked loops (PLLs) that can stabilize both the repetition and offset frequencies to an external or internal reference frequency. The servo electronics can be digital or analog based, or a combination of both

b. The fractional stability performance must be <10^-12 at 1000 s averaging, or limited by the stability of the NIST-provided reference frequency. This performance corresponds to a stability in the repetition frequency of 0.25 mHz or less, and in the offset frequency of 400 Hz or less.

c. The PLLs must be capable of providing proportional-integral-derivative controls to the repetition and offset frequency actuators inside the seed oscillator

d. The servo electronics must be capable of operating in two modes, “standard” and “adjustable”

i. In the “standard” operating mode, NIST will provide a 10 MHz reference frequency (a GPS-disciplined oscillator). The servo electronics must be capable of stabilizing both repetition and offset frequencies from this single 10 MHz reference. Both the repetition and offset frequencies must be tied to this 10 MHz reference (ie, the electronics cannot use a free-running synthesizer).

ii. In the “adjustable” operating mode, NIST or the contractor will provide a synthesizer signal at 250 MHz (or some multiple of up to 3 GHz). The servo electronics shall use this synthesizer signal to lock the repetition frequency to 250 MHz and be capable of tuning 1 MHz or more. The servo electronics shall also be capable of locking the offset frequency to a signal provided by an internal (or external) synthesizer, and the offset shall be tunable by up to 1 MHz.

e. All software required to adjust and operate the servo electronics shall be provided by the contractor

Express Warranty

The contractor shall warrant the entire system in accordance with the commercial standard warranty.

Delivery

Delivery shall be FOB DESTINATION (Gaithersburg, MD) and shall be completed not later than 270 days after receipt of award.

Contract Line Item 0002, Installation:

The system shall be installed by the Contractor and meet contract specifications no later than 30 days after delivery. Installation, at a minimum, shall include uncrating/unpackaging of all equipment, rigging, set-up and hook-up of the system, demonstration of all specifications, and removal of trash. Onsite installation and demonstration shall be done at NIST, Gaithersburg, MD 20899, Building 219, Room F032.

Contract Line Item 0003: Training

The contractor shall conduct one (1) training session for up to three (3) users at NIST. The training shall provide a thorough demonstration of all system/solution functions, software installation/implementation, maintenance, data administration, and basic troubleshooting. The training may be completed at NIST immediately after installation/set-up and on-site measurements demonstrating that no damage or misalignment issues arose during transportation and installation, but shall be completed no later than 15 days after installation.

Inspection and Acceptance:

In addition to the inspection and acceptance terms articulated in 52.212-4, the Government reserves the right to perform such performance tests and evaluations as defined below to verify specified system performance. Such tests and evaluations, if performed, shall be conducted within the environment that the system is operated. The Contractor has the right to be present during the tests and evaluations, if performed, at the Contractors expense.

The following performance measurements are required:

1. The TPOC shall measure the output power of the visible portion of the comb with a power meter.

2. The TPOC shall measure the signal-to-noise ratio of the offset frequency with a spectrum-analyzer.

3. The TPOC shall conduct a long-term (7 days) measurement of repetition and offset frequencies when the comb is locked to a GPS-disciplined oscillator. The frequencies will be measured with frequency counters.

4. The TPOC shall verify system performance by measuring the absolute frequency of an iodine-stabilized laser against the comb. The interfering spectra shall be filtered with a diffraction-grating, and the beat frequency shall be detected with a low-noise photodetector. The beat signal shall be amplified and filtered with rf electronics, and measured with a frequency counter.

The Government anticipates inspection and acceptance to be completed within 1 month from installation.

Payment Schedule

The Contractor shall be paid, in accordance with Net 30-day payment terms, upon receipt and acceptance of a proper invoice, in accordance with the following schedule:

1. 100% after receipt and acceptance by the TPOC of fully delivered, installed and training of the system.

NOTE: Partial shipments and partial invoices will not be accepted, unless other-wise requested and accepted by the Contracting Officer prior to award offer. Proposed payment schedules shall be submitted with vendor’s response to the RFQ for consideration.

Due Date for Quotations

Offerors shall submit their quotations so that NIST receives them not later than 3:30 p.m. Eastern Time on March 31, 2017. FAX quotations shall not be accepted. E- mail quotations shall be accepted at lynda.horton@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: Lynda Horton, 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 is 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 Lynda Horton, Contract Specialist on 301-975-3725.

Addendum to FAR 52.212-1, Quotation Preparation Instructions Submission Requirements:

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 30 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). 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 recommended that approximately 3-5 contracts 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:

0. Contract number;

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

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

0. 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;

0. 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.

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

4). Experience:

The offeror shall demonstrate the extent to which it has recently manufactured, distributed, and installed similar equipment. The offeror shall submit a list of at least three same or similar systems supplied in the past five (5) years. Information shall include the model name/number, date of sale, end user name, and end user contact information.

5). Acceptance of Terms and Conditions:

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.

6). The Dun and Bradstreet Number (DUNS number) for the quoter’s active System for Award Management (SAM) registration. Quoters must have an active registration at www.SAM.Gov to receive an award;

7). Quoters shall include a completed copy of the attached provision, “Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2015)” with their quotation.

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, 3). Experience and 4) Price. All non-price factors, when combined, are equally 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 offerors technical description and/or product literature does not indicate whether its proposed equipment meets a certain minimum requirement, and/or the offeror does not submit the test measurements/data from a real device, NIST will determine that it does not meet the requirements.

1. 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.

1. Experience: NIST will evaluate the extent of the offeror’s experience providing similar or same equipment and services.

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

PROVISIONS AND CLAUSES:

The following provisions and clauses apply to this acquisition and are hereby incorporated by reference. All FAR clauses may be viewed at http://acquisition.gov/comp/far/index.html

Provisions

52.204-7 – System for Award Management 52.209-11 - Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law 52.212-1 – Instructions to Offerors-Commercial Items 52.212-3 Offeror Representations and Certifications -- Commercial Items (Oct 2016) The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (s) of this provision.

Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 the following definitions of FAR 52.212-3 are not implemented into this solicitation.

“Administrative merits determination” “Arbitral award or decision” Paragraph (2) of “Civil judgment” “DOL Guidance” “Enforcement agency” “Labor compliance agreement” “Labor laws” “Labor law decision” Per Court Injunction dated 24 Oct. 2016 and OMB memo dated 25 Oct. 2016 paragraph (s) of 52.212-3 is not implemented into this solicitation.

52.204-16 – Commercial & Government Entity Code Reporting 52.204-17 – Ownership or Control of Offeror 52.204-18 – Commercial & Government Entity Code Maintenance

52.225-4 Buy American—Free Trade Agreements-Israeli Trade Act Certificate.

As prescribed in 25.1101(b)(2)(i), insert the following provision:

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 (COTS) 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 Agreements—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) 52.203-98, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements—Representation (DEVIATION 2015-02)Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements—Representation (FEB 2015)

(a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(End of provision)

Clauses 52.204-13 – System for Award Management 52.212-4 – Contract Terms and Conditions-Commercial Items 52.212-5 – Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items;52.209-6 – Protecting the Government’s interest When Subcontracting with Contractor’s Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C. 6101 note). 52.204-10 – Clause Reporting Executive Compensation and First-Tier Subcontract Awards 52.219-4 – Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a) 52.219-6 Notice of Total Small Business Set Aside 52.219-28 – Post Award Small Business Program Representation (Apr 2009) (15 U.S.C. 632(a)(2)). 52.222-50 – Combatting Trafficking in Persons (FEB 2009)(22 U.S.C.7104(g)) 52.225-1 – Buy American Supplies 52.233-3 – Protest After Award (AUG 1996) (31 U.S.C. 3553) 52.233-4 – Applicable Law for Breach of Contract Claim 52.222-3 – Convict Labor (June 2003)(E.O. 11755) 52.222-19 – Child Labor – Cooperation with Authorities and Remedies (Jan 2014)(E.O. 13126) 52.222-21 – Prohibition of Segregated Facilities (Feb 1999) 52.222-26 – Equal Opportunity (Mar 2007)(E.O. 11246 52.222-36 – Equal Opportunity for Workers with Disabilities (Jul 2014)(29 U.S.C. 793) 52.223-18- Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011)(E.O 13513) 52.225-3 - Buy American Act – Free Trade Agreements – Israeli Trade Act (JUN 2009) (41U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 212 note, 19 U.S.C. 3805 NOTE, Pub.L. 108-77, 108-78, 108-286, 108-301, 109-53, 109-169, 109-283, and 110-138). (ii) Alternate I (Jan 2004) of 52.225-3 52.225-13 – Restrictions on Certain Foreign Purchases (June 2008)(E.O.’s, proclamations, and statues administered by the Office of Foreign Assets Control of the Department of the Treasury 52.232-33 – Payment By Electronic Funds Transfer – System for Award Management (Jul 2013) 931 U.S.C. 3332) 52.225-25 – Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran – Representations and Certifications 52.232-39 – Unenforceability of Unauthorized Obligations 52.232-40 – Providing Accelerated Payments to Small Business Contractors 52.246-15 – Certificate of Conformance 52.247-35 – FOB Destination, within Consignee’s Premises 52.203-99, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (DEVIATION 2015-02)

PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (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)

Assurance by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2015)

1) In accordance with Sections 543 and 544 of Public Law 112-55 Commerce, Justice, Science, and Related Agencies Appropriations Act 2012, Title V (General Provisions) none of the funds made available by that Act 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, 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.

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, 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) By accepting this award or order, in writing or by performance, the offeror/contractor assures that-

a) The offeror/contractor is not a corporation convicted of a felony criminal violation under a Federal law within the preceding 24 months.

b) The offeror/contractor 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 agreements with the authority responsible for collecting the tax liability.

(End of clause)

The following provisions and clauses apply to this acquisition and are hereby incorporated by reference. All CAR clauses may be viewed at http://www.ecfr.gov 1352.201-70 – Contracting Officers Authority 1352.209-73 – Compliance with the Laws (APR 2010) 1352.209-74 – Organizational Conflict of Interest 1352.246-70 – Place of Acceptance

NIST LOCAL

-04 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 (End of clause)

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)

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

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)