B-2_Combined_Synopsis-Solicitation.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 SEPARATE WRITTEN SOLICITATION DOCUMENT WILL NOT BE ISSUED.

The Request for Quotations (RFQ) number is SB1341-17-RQ-0427 This synopsis/solicitation constitutes a RFQ and incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2005-94/95 effective January 19, 2017.

The associated North American Industrial Classification System (NAICS) code for this procurement is 334516 Analytical Laboratory Instrument Manufacturing, which has a size standard of 1,000 Employees.

Offerors must submit all questions concerning this solicitation in writing, via email, to both the Contract Specialist, Tracy Bisson, tracy.bisson@nist.gov and the Contracting Officer, Lynda Horton at Lynda.Horton@nist.gov .Questions should be received no later than seven (7) calendar days after the issuance date of this solicitation. All responses to the questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, the question responses included in the amendment to the solicitation will govern performance of the contract.

This acquisition is being competed as full and open competition.

The U.S. Department of Commerce (DOC), National Institute of Standards and Technology (NIST) Physical Measurements Laboratory (PML) has a requirement for a Fiber-coupled, InGaAs array based spectroradiometers in accordance with the requirements identified below.

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

CLIN 0001 – Fiber-coupled, InGaAs array based spectroradiometers in accordance with NIST Requirements Below.

OPTION CLIN 0002: Fiber-coupled, InGaAs array based spectroradiometers in accordance with NIST Requirements Below.

NIST Requirements Document Infrared Spectroradiometer

I. Introduction/Background:

The Sensor Science Division of the Physical Measurement Laboratory (PML) works toward improved calibration standards for earth observing satellites. In support of this work a a prototype of an observation system that will measure the spectral irradiance of the moon in the short wave infrared range over a period of 3-5 years is being completed. This study is a complement to another NIST goal of observing the moon in the visible and near infrared ranges.

In part of this system, light is collected by a telescope and sent to optical elements designed to remove the effects of polarization and illumination nonuniformity before it is directed into the fiber of the spectroradiometer. In another part of the system, the spectroradiometer will observe an irradiance source and will serve as a detector-based standard for calibration of that source. For this purpose, a fiber-coupled irradiance measuring head will be used.

II. Purpose The purpose of this procurement is to acquire one (1) Fiber-coupled, InGaAs array based spectroradiometers that can measure spectral irradiance with high sensitivity and stability over the wavelength range of 1000nm to 1650nm for shortwave infrared observations of the moon.

III. Minimum Requirements

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.

Contract Line Item 0001, The Contractor shall provide one (1) Fiber-coupled, InGaAs array based spectroradiometers that meet the following minimum specifications:

1) Detector type: “Standard type” InGaAs photodiode detector array with 512 elements. Detector shall be temperature controlled.

2) Wavelength range: must be inclusive of the range from 1000 nm to 1650 nm. During operation, the detector array must be exposed to all wavelengths simultaneously for recording the entire spectrum at the same time.

3) Must include a computer interface through a Universal Serial Bus (USB) or Ethernet to facilitate instrument control and data acquisition.

4) Must include all required software drivers to operate when using LabVIEW programming language with computer control. Operation will be conducted using 64-bit Microsoft Windows 7 operating system. If NIST is already in possession of valid licenses for required software, additional software may not be purchased.

5) Must include all required software to operate independently of LabVIEW, with computer control. Operation will be conducted using 64-bit Microsoft Windows 7 operating system. If NIST is already in possession of valid licenses for required software, additional software may not be purchased.

6) Must include an integrated shutter for dark measurements. Dark measurements must be directly user-accessible and callable from control software.

7) Must include an optical fiber or fiber bundle input with transmission over the full wavelength range and adapter for connection to fiber bundle. This fiber bundle input shall meet the following:

a. The connector at the user end of the bundle or fiber must be SMA type or FC type.

b. The spectrometer end of the fiber or fiber bundle shall be keyed for repeatable insertion.

c. The fiber or fiber bundle shall be optimized to transmit maximum optical power from a uniform radiance source onto the entrance slit of the spectrometer with an f/# optimized for the f/# of the spectrometer.

d. The fiber or fiber bundle length shall be 1.5 to 2 meters.

8) Must include an irradiance measurement head that is fiber coupled to the spectrometer with a 1.5 to 2 meter fiber or fiber bundle.

9) Must include calibration of the instrument for irradiance measurements.

10) Data sampling interval: less than 2.5 nm (this is twice the spectral range requirement divided by the number of pixels)

11) Spectral resolution: Not more than 10 nm and not less than 3 times the data sampling interval.

12) Stability: Specified long-term stability 5% or better. Short-term stability of better than 1.5%. For both short and long-term measurements, our application benefit from improved stability up to the 0.1% level. (Stronger consideration shallbe given to a unit that provides better stability). Short-term stability here is defined by the standard deviation in repeat measurements of a stable irradiance (or radiance) source over an 8-hour viewing period. Long-term stability is defined as the standard deviation in repeat measurements of a stable irradiance (or radiance) source over a period of at least 6 weeks. Alternate measurements that can be used to compute these stabilities are acceptable.

13) Irradiance sensitivity: Greater than or equal to 10:1 signal to noise at irradiance of less than at 1200 nm using vendor-supplied cosine corrector in 1 seconds or less of integration with no averaging. (Strong consideration shall be given to a higher signal to noise at lower irradiance levels).

14) Stray light: less than 0.1% stray light.

15) Dimensions less than or equal to 22.2 cm high x 43.8 cm wide x 50 cm long

16) Weight less than or equal to 15 kg

17) Operates on standard 120 VAC power.

OPTION LINE ITEMS: THE FOLLOWING SERVICES ARE OPTION LINE ITEMS. PRICES QUOTED SHALL BE EFFECTIVE FOR A PERIOD OF ONE YEAR FROM THE DATE OF AWARD. AWARD OF OPTION LINE ITEMS IS AT THE SOLE DISCRETION OF THE GOVERNMENT IN ACCORDANCE WITH FAR 52.217-9.

IV. Delivery

Deliverable One (1): Delivery shall be FOB DESTINATION and shall occur within the vendor’s standard commercial lead time.

Delivery shall be FOB destination and shall occur within the vendor’s standard commercial lead time. 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. The contractor shall deliver all Line Items to:

The National Institute of Standards and Technology 100 Bureau Drive, Building 220 Gaithersburg, MD 20899-1640

V. 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 to be operated. The Contractor has the right to be present during the tests and evaluations, if performed, at the Contractor’s expense.

Acceptance testing shall consist of:

The spectroradiometer will view a NIST-owned irradiance source to validate the spectral irradiance sensitivity. Repeat measurements may be made to check the stability of the instrument.

The Government will test, inspect, and accept the equipment onsite within twenty-eight days (28) days of receipt of the Infrared Spectroradiometer. A visual inspection of the spectroradiometer will be performed by the NIST TPOC to identify surface defects or any form of indication that the Grid Plate was damaged during transport to NIST. The Government shall have sole discretion to require repair or replacement of damaged and/or nonconforming supplies at no cost to the Government. The Government at any time prior to acceptance shall reject the Grid Plate due to defects and/or nonconformance.

The vendor is responsible for latent defects discovered any time after final inspection. However, the extent of its liability shall be prorated over the useful life of the Grid Plate.

The place of acceptance shall be:

100 Bureau Drive Building 217 Gaithersburg, MD 20899

Ownership (title) of the spectroradiometer shall transfer to NIST upon acceptance.

VI. Warranty

The contractor shall warrant the entire system for a period of a minimum of one (1) year after receipt of the equipment and shall be in accordance with terms in FAR 52.212-4

VII. 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 system.

2. The Government anticipates inspection will occur upon:

a. After the testing procedures set forth in this document have been complete

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.

PROVISIONS AND CLAUSES:

The following provisions and clauses apply to this acquisition. Those incorporated by reference may be found at the following:

All Federal Acquisition Regulation (FAR) clauses may be viewed at: https://www.acquisition.gov/?q=browsefar.

All Commerce Acquisition Regulation (CAR) clauses and provisions can be accessed at:

http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl.

Provisions

* In accordance with FAR 52.204-7, the awardee must be registered in the system for award management (www.sam.gov) prior to award. Refusal to register shall forfeit award. *

FAR 52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS--REPRESENTATION (JAN 2017) (Reference FAR 3.909-3(a))

FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)

(Reference FAR 4.1105(a)(1)

FAR 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

(Reference FAR 4.1804(a))

FAR 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS – REPRESENTATION (NOV 2015) (Reference FAR 9.108-5(a))

FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARING AN UNPAID 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)

FAR 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

(Reference FAR 12.301(b)(1))

INSTRUCTIONS:

Due Date for Quotations

Offerors shall submit their quotations so that NIST receives them not later than 11:59 PM Eastern Standard Time on May 22, 2017. FAX quotations shall not be accepted. E-mail quotations shall be accepted at tracy.bisson@nist.gov .

Please reference the RFQ number in the subject line of email communications and packages mailed. Offerors’ quotations shall not be deemed received by the Government until the quotation is entered in the e-mail box set forth above.

Addendum to FAR 52.212-1, Quotation Preparation Instructions

Quotation Submission Requirements:

1). Price Quotation:

The offeror shall submit an original and two (2) copies of the completed 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 provide a firm-fixed-price, FOB Destination is required, for each CLIN. Price quotations shall remain valid for a period of 90 days from the date quotations are due.

2). Technical Quotation:

The technical quotation shall address the following:

Technical Capability: The offeror shall submit a technical description, product literature, and/or drawings 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). Provisions:

Quoters shall include a completed copy of all the attached provisions.

4). Acceptance of RFQ terms and conditions:

This is an Open-Market Combined Synopsis/Solicitation for PEEM in accordance with the NIST requirements listed above. 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 quotes shall include a statement regarding the terms and conditions herein as follows:

a. 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

b. 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)

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;

8). NAICS Code

If the Quoter’s representations and certifications do not reflect the NAICS code governing this solicitation, Quoters must submit documentation that they are a small business under the NAICS code governing this solicitation.

FAR 52.212-2, EVALUATION - COMMERCIAL ITEMS (Oct 2014) The specific evaluation criteria to be included in paragraph (a) of that provision are as follows:

The Government intends to award a single purchase order (PO) from this solicitation utilizing simplified acquisitions procedures in accordance with FAR part 13. The Government reserves the right not to award a PO and to make an award without discussions based solely upon initial quotes.

Evaluation Factors

The Government will award a purchase order resulting from this solicitation to the responsible Offeror whose quotation, conforming to the solicitation, results in the best value to the Government, price and other factors considered.

The following will be used to evaluate quotations:

1) Technical Capability 2) Price.

Technical Capability shall be more important than price.

An Offeror's failure to address any factor may be considered indicative of the Offeror's lack of understanding of the Government's requirements and may result in the offer being determined unacceptable.

1. For the Evaluation of Technical Capability:

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 AND/OR exceeds all minimum requirements. If an offeror does not indicate how its proposed equipment meets or exceeds a certain minimum requirement, NIST will determine that it does not.

NIST will give stronger consideration to systems that exceed the following requirements:

Statement of Work Specification 12:

1) Stability: Specified long-term stability 5% or better. Short-term stability of better than 1.5%. For both short and long-term measurements, our application benefit from improved stability up to the 0.1% level. (Stronger consideration shall be given to a unit that provides better stability). Short-term stability here is defined by the standard deviation in repeat measurements of a stable irradiance (or radiance) source over an 8-hour viewing period. Long-term stability is defined as the standard deviation in repeat measurements of a stable irradiance (or radiance) source over a period of at least 6 weeks. Alternate measurements that can be used to compute these stabilities are acceptable.

Statement of Work Specification 13:

Irradiance sensitivity: Greater than or equal to 10:1 signal to noise at irradiance of less than at 1200 nm using vendor-supplied cosine corrector in 1 seconds or less of integration with no averaging. Strong consideration shall be given to a higher signal to noise at lower irradiance levels.

2. For the Evaluation of Price:

The proposed price, including option pricing, will be evaluated. The evaluation will determine whether the proposed prices are reasonable in relation to the solicitation requirements. Prices must be entirely compatible with the technical portion of the quotation.

(End of provision)

FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS (OCT 2016) (Reference FAR 12.301(b)(2)) 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.

(End of provision)

FAR 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.2026(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of Provision)

ALTERNATE I. FAR 52.225-4 BUY AMERICAN—FREE TRADE AGREEMENTS-ISRAELI TRADE ACT CERTIFICATE.

(Reference FAR 25.1101(b)(2)(i))

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 Canadian end products as defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act”:

Canadian End Products:

Line Item No.---------------------------------------------------------- [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)

FAR 52.225-18 PLACE OF MANUFACTURE (Mar 2015) (Reference FAR 25.1101(f))

(a) Definitions. As used in this clause— “Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

(b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—

(1) [ ] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) [ ] Outside the United States.

(End of Provision)

CAR 1352.233-70 AGENCY PROTESTS (APR 2010)

An agency protest may be filed with either (1) the Contracting Officer, or (2) at a level above the Contracting Officer, with the agency Protest Decision Authority. See 64 Fed. Reg. 16,651 (April 6, 1999).

Agency protests filed with the Contracting Officer shall be sent to the following address:

NIST/ACQUISITION MANAGEMENT DIVISION

ATTN: LYNDA HORTON, CONTRACTING OFFICER

100 Bureau Drive, MS 1640 Gaithersburg, MD 20899

Agency protests filed with the Protest Decision Authority shall be sent to the following address:

NIST/ACQUISITION MANAGEMENT DIVISION

ATTN: HEAD OF THE CONTRACTING OFFICE (HCO)

100 Bureau Drive, MS 1640 Gaithersburg, MD 20899

A complete copy of all agency protest, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority.

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 Provision)

CAR 1352.233-70 AGENCY PROTESTS (APR 2010)

An agency protest may be filed with either (1) the Contracting Officer, or (2) at a level above the Contracting Officer, with the agency Protest Decision Authority. See 64 Fed. Reg. 16,651 (April 6, 1999).

Agency protests filed with the Contracting Officer shall be sent to the following address:

NIST/ACQUISITION MANAGEMENT DIVISION

ATTN: LYNDA HORTON, CONTRACTING OFFICER

100 Bureau Drive, MS 1640 Gaithersburg, MD 20899

Agency protests filed with the Protest Decision Authority shall be sent to the following address:

NIST/ACQUISITION MANAGEMENT DIVISION

ATTN: HEAD OF THE CONTRACTING OFFICE (HCO)

100 Bureau Drive, MS 1640 Gaithersburg, MD 20899

A complete copy of all agency protest, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority.

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 Provision)

Clauses

FAR 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017) Reference FAR 3.909-3(a))

FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013)

(Reference FAR 4.1105(b))

FAR 52.212-4, CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (JAN 2017) (Reference FAR 12.301(b)(3))

[Class Deviation- 2013-O0019, Commercial Item Omnibus Clauses for Acquisitions Using the Standard Procurement System. This clause deviation is effective on Sep 25, 2013, and remains in effect for five years, or until otherwise rescinded.

FAR 52.212-5, CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUES OR EXECUTIVE ORDERS – COMMERICAL ITEMS (Mar 2016) The following additional FAR clauses cited in FAR 52.212-5 are applicable to this acquisition –

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct. 2015) (31 U.S.C. 6101 note).

(22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

(25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

(26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126).

(27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

(48) (ii) ALTERNATIVE I. FAR 52.225-3, Buy American- - Free Trade Agreements –Israeli Trade Act (May 2014) (41 U.S.C. Chapter 83)

(50) FAR 52.225-13, Restrictions On Certain Foreign Purchases (Jun 2008) (E.O.’S, Proclamations, And Statutes Administered by The Office of Foreign Assets Control of The Department of The Treasury)

(56) 52.232-33 Payment by Electronic Funds Transfer—System for Award Management (July 2013) (31 U.S.C. 3332) Note to paragraph (b)(1)(xvi): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

FAR 52.217-7 OPTION FOR INCREASED QUANTITY SEPARATELY PRICED LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(end of clause)

FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) If more than 31 days remain in the contract period of performance, the Government, without prior written notification, may exercise this option by issuing a contract modification. To exercise this option within the last 30 days of the period of performance, the Government must provide to the Contractor written notification 60 days prior to the expiration date of the contract period of performance. This preliminary notification does not commit the Government to exercising the option.

(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 one (1) year.

(End of Clause)

FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

(Reference FAR 32.706-3)

FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) (Reference FAR 32.009-2)

FAR 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

(Reference FAR 33.215(b))

FAR 52.247-35 F.O.B. DESTINATION, WITHIN CONSIGNEE’S PREMISES (APR 1984)

(Reference FAR 47.303-7(c))

FAR 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 address:

http://farsite.hill.af.mil/vffara.htm (End of clause)

CAR 1352.201-70 CONTRACTING OFFICER’S AUTHORITY (APR 2010)

(Reference 48 CFR 1301.602-170)

CAR 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

(Reference 48 CFR 1309.507–2(c))

CAR 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

(Reference 48 CFR 1309.507–2(d))

CAR 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

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.

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.

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)

CAR 1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

(a) The Contracting Officer or the duly authorized representative will perform inspection and acceptance of supplies and services to be provided under this contract.

(b) The place of acceptance will be:

DOC/NIST

100 Bureau Drive Gaithersburg, MD 20899 Building: 235

CAR CLAUSES FULL TEXT CAN BE ACCESSED AT:

http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl

NIST LOCAL_04 BILLING INSTRUCTIONS

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

Each invoice or voucher submitted shall include the following:

Contract Number.

Contractor Name and Address.

Date of Invoice.

Invoice Number.

Amount of Invoice, and cumulative amount invoiced to-date.

Contract Line Item Number (CLIN).

Description, quantity, unit of measure, unit price, and extended price of supplies/services delivered.

Prompt payment discount terms, if offered.

Any other information or documentation required by the contract.

(End Clause)