Amendment_0001_to_Combo_Syn_Sol.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.

The Request for Quotations (RFQ) number is SB1341-17-RQ-0459 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.

1352.215-72 INQUIRIES (APR 2010)

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.

(end of provision)

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

The U.S. Department of Commerce (DOC), National Institute of Standards and Technology (NIST) Physical Measurements Laboratory (PML) is seeking to purchase a Tunable, High Repetition Rate Ultrafast Spectroscopy Laser System in accordance with the requirements identified below.

NIST Requirements Document Tunable, High Repetition Rate Ultrafast Spectroscopy Laser System

I. BACKGROUND INFORMATION

The Engineering Physics Division (EPD) provides dimensional and electronics metrology and standards for advanced manufacturing. The Division's overall strategy is to improve measurement science and to develop the advanced measurements and standards needed by current and emerging science and technology-intensive industries. The EPD’s Nanoelectronics Group (NG) develops and advances novel measurements that combine and correlate optical and electrical methods, supporting the measurement and standards needs of the electronics, semiconductor, energy, health, defense, and other industries. To meet mission requirements, the EPD needs to procure a laser system that emits femtosecond optical pulses over a wide range of wavelengths, with enough energy to produce a significant nonlinear response. This acquisition will allow the NG to expand its measurement capabilities to ultrafast nonlinear optical spectroscopy techniques.

II. SCOPE OF WORK

To perform femtosecond time-resolved optical studies on a wide range of possible electronic materials, it is crucial to have wide tunability in wavelength. Tunable ultrashort pulses are typically generated using an optical parametric amplifier (OPA) which is pumped by a source of amplified optical pulses. The pump laser in the past has typically been a Ti:sapphire regenerative amplifier, but recently alternatives based on other gain media have become available. These offer superior reliability, lifetime, stability, space requirements (footprint), and energy efficiency. They also offer other useful features such as variable repetition rate, variable pulse duration, and higher average power. To minimize the amount of time spent aligning and maintaining the laser, a turnkey pump laser/OPA system based on the best technology currently available (a Yb-doped gain medium) is required. To achieve the best possible signal-to-noise ratio, a high repetition rate of 1 MHz is needed, but to minimize artifacts from long-lived excitations or thermal effects in certain samples, the repetition rate must be tunable down to single shot operation. To enable future expansion of capabilities to include pumping multiple OPA’s, the pump laser needs to produce an average power of 40 W or greater at 1 MHz repetition rate.

III. SPECIFICATIONS

Offerors shall provide a firm fixed price (FFP) quotation for the following line items: 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

CLIN 0001 – Tunable, High Repetition Rate Ultrafast Spectroscopy Laser System, meeting or exceeding the following requirements.

Contract Line Item 0001 (CLIN): The Contractor shall provide a Tunable, High Repetition Rate Ultrafast Spectroscopy Laser System to include, one (1) amplified laser and one (1) optical parametric amplifier (OPA), meeting the following minimum requirements, and installation, operations and maintenance manual, training, and warranty, as identified below.

1. Pump Laser:

a) Pump laser must operate at a center frequency of 1035 nm ± 5 nm.

b) Pump laser must have a maximum average power output of 40 Watts, maximum pulse energy of 40 µJ per pulse at a repetition rate of 1 MHz.

c) The minimum pulse duration from the pump laser must be 400 fs or lower.

d) Pump laser output must be variable from single shot operation up to 1 MHz repetition rate.

e) Must provide a TEM00 spatial mode at the output of the Laser. The beam quality factor M2 must be at most 1.2. (Stronger consideration shall be given for a lower M2 value)

f) Must have a vertical output polarization direction with a polarization ratio of at least 100:1.

g) Must provide output power stability of less than 2% rms.

h) Must provide output pulse energy stability of less than 2% rms.

i) Must provide onboard pulse width and energy monitoring.

j) Must provide onboard data logger storing of laser parameters values.

k) Robust, reliable operation is critical. An expected lifetime exceeding 15,000 hours adds value. (Stronger consideration shall be given for a longer expected lifetime)

2. Optical Parametric Amplifier (OPA):

a) Must be able to operate with the pump laser at pump pulse energies greater than 20 µJ at a repetition rate of 1 MHz.

b) The signal output from the OPA must be tunable from 630 nm to 1025 nm. The idler output must be tunable from 1045 to 2600 nm. (Stronger consideration shall be given for a wider tuning range)

c) The pulse duration out of the OPA should not exceed 300 fs throughout the tuning range. (Stronger consideration shall be given for shorter pulse duration)

3. The full system:

a) The optical table mounted portion of the system must fit inside a 3 foot by 6 foot footprint.

b) The system must not require external water cooling beyond a chiller supplied with the system.

c) The system must be powered by 120 VAC at 60 Hz and draw less than 20 A per powered item.

OPERATIONS AND MAINTENANCE MANUAL

The Contractor shall provide one operations and maintenance manual (electronic or hard copy) that includes, at a minimum, proper operation, routine maintenance, troubleshooting the instrument, and controlling software.

IV. DELIVERY:

Delivery shall be FOB DESTINATION (Gaithersburg, MD) and shall be completed not later than 135 days after receipt of award.

V. INSTALLATION:

The Contractor shall install the instrument in Building 222, Room A168, at NIST, Gaithersburg, MD. Installation shall include, at a minimum, uncrating/unpacking of all equipment, set-up and hook-up of all equipment, start-up, demonstration of specifications, and removal of all trash. Instrument shall operate to manufacturer’s specifications upon installation. Installation shall take place during normal business hours, Monday through Friday except Federal Holidays, and shall be coordinated with the NIST Technical Point of Contact (TPOC). Installation shall occur not later than 10 days after delivery of system.

VI. TRAINING:

The Contractor shall schedule and facilitate training to allow for basic and safe operation and maintenance for two (2) NIST personnel, on-site at NIST Gaithersburg, MD. The training shall provide a thorough demonstration of all equipment functions, equipment operation, and basic troubleshooting. Training shall occur within 5 days of installation. The training may be completed on-site at NIST immediately after installation and demonstration of specifications.

VII. WARRANTY:

The Contractor shall provide, at a minimum, a one year warranty for the pump laser. The warranty shall cover non-consumable parts and labor/travel. The warranty shall commence upon successful completion of delivery, installation, training, and demonstration of all required specifications.

VIII. PLACE OF PERFORMANCE

Installation and training shall be accomplished at NIST, Gaithersburg, Maryland. Normal duty hours are Monday through Friday, 8:30 a.m. to 5:00 p.m. with the exception of Federal holidays.

IX. DELIVERABLES

X. 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:

· Average power

· Spectrum

· Beam quality factor (M2)

· Pulse duration from the OPA

The Contractor shall demonstrate that the Amplified Fiber Laser System and Optical Parametric Amplifier meet all of the specifications identified in this document.

XI. GENERAL INFORMATION

Safety: The Contractor employee shall be responsible for knowing and complying with all installation safety prevention regulations. Such regulations include, but are not limited to, general safety, fire prevention, and waste disposal.

Vehicle Registration: All Contractor employees must register their vehicles with the NIST Security Office to gain access to the campus. A valid driver’s license, Government-furnished civilian ID, proof of insurance and current registration must be presented to the NIST Security Office, at which time a NIST vehicle pass will be issued. The pass shall be displayed on the vehicle in accordance with NIST Security Office instructions.

XII. 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.

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 p.m. Eastern Time on June 3, 2017. FAX quotations shall not be accepted. E- mail quotations shall be accepted at tracy.bisson@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: TRACY BISSON, 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 TRACY BISSON, Contract Specialist on 301-975-8448.

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 price quotation. If the quotation is submitted electronically, additional copies are not required. The pricing quotation shall be separate from any other portion of the quotation. The offeror shall propose a firm-fixed-price quotation for each CLIN. Price quotations shall remain valid for a period of 90 days from the date quotations are due.

2). Technical Quotation:

The offeror shall submit an original and one (1) 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 or exceed 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.

Stronger consideration shall be given to the following specifications, in no specific order:

1.e: Must provide a TEM00 spatial mode at the output of the Laser. The beam quality factor M2 must be at most 1.2. (Stronger consideration shall be given for a lower M2 value)

1.k: Robust, reliable operation is critical. An expected lifetime exceeding 15,000 hours adds value. (Stronger consideration shall be given for a longer expected lifetime)

2.b. The signal output from the OPA must be tunable from 630 nm to 1025 nm. The idler output must be tunable from 1045 to 2600 nm. (Stronger consideration shall be given for a wider tuning range)

2.c. The pulse duration out of the OPA should not exceed 300 fs throughout the tuning range. (Stronger consideration shall be given for shorter pulse duration)

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

5). Acceptance of Terms and Conditions:

This is an Open-Market Combined Synopsis/Solicitation for a Tunable, High Repetition Rate Ultrafast Spectroscopy Laser System in accordance with the NIST requirements listed above. The Government intends to award a Contract 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;

6). Duns and Bradstreet Number

Quoters shall provide their 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). 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 13.5. The Government reserves the right not to award a PO and to make an award without discussions based solely upon initial quotes.

Evaluation Factors

Award shall be made to the offeror whose quotation offers the best value to the Government price and other factors considered. The Government will evaluate quotations based on the following evaluation criteria: 1) Technical Capability 2). Past Performance, and 3) Price. All non-price factors, when combined, are equally important to 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. Technical Capability: No prototypes, demonstration models, used or refurbished instruments will be considered. Evaluation of technical capability shall be based on the information provided in the quotation. NIST will evaluate whether the offeror has demonstrated that its proposed equipment meets or exceeds all minimum requirements. Quotations that do not demonstrate the proposed equipment meets all requirements will not be considered further for award. If an offerors technical description and/or product literature does not indicate whether its proposed equipment meets a certain minimum requirement, NIST will determine that it does not meet the requirements.

Stronger consideration shall be given to the following specifications, in no specific order:

1.e: Must provide a TEM00 spatial mode at the output of the Laser. The beam quality factor M2 must be at most 1.2. (Stronger consideration shall be given for a lower M2 value)

1.k: Robust, reliable operation is critical. An expected lifetime exceeding 15,000 hours adds value. (Stronger consideration shall be given for a longer expected lifetime)

2.b. The signal output from the OPA must be tunable from 630 nm to 1025 nm. The idler output must be tunable from 1045 to 2600 nm. (Stronger consideration shall be given for a wider tuning range)

2.c. The pulse duration out of the OPA should not exceed 300 fs throughout the tuning range. (Stronger consideration shall be given for shorter pulse duration.

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.

Price: The proposed price 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)

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

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 52.212-3 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) 52.225-6 TRADE AGREEMENTS CERTIFICATE (May 2014)

(a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled “Trade Agreements.”

(b) The offeror shall list as other end products those supplies that are not U.S.-made or designated country end products.

Other End Products

[List as necessary]

(c) The Government will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for those products are insufficient to fulfill the requirements of this solicitation.

(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 52.204-13 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 (Jan 2017) 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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

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

(4) 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:

(1) FAR 52.203-6, Restrictions on Subcontractor Sales to The Government (SEPT 2006) ALT. I (OCT 1995) (41 U.S.C. 4704 AND 10 U.S.C. 2402)

(4) FAR 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2015) (PUB. L. 109-282) (31 U.S.C. 6101 NOTE)

(8) FAR 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)

(12) (i) Notice Of Price Evaluation Preference For Hubzone Small Business Concerns (OCT 2011) (IF THE OFFEROR ELECTS TO WAIVE THE PREFERENCE, IT SHALL SO INDICATE IN ITS OFFER)(15 U.S.C. 657A).

(16) FAR 52.219-8, Utilization of Small Business Concerns, (NOV 2016) (15U.S.C. 637(d)(2) and (3)).

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

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

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

(26) FAR 52.222-21, Prohibition of Segregated Facilities (APR 2015)

(27) FAR 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246)

(28) FAR 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212)

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

(30) FAR 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212)

(31) FAR 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496)

(31) FAR 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. CHAPTER 78 AND E.O. 13627)

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

(49) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, ET SEQ., 19 U.S.C. 3301 NOTE).

(50) 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) FAR 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (JUL 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 52.232-39 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)