B-2_Comb_Syn_Sol.docx

SB1341-17-RQ-0595

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 PART 13 FOR CERTAIN COMMERCIAL ITEMS.

This solicitation is a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-94 and 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.

This acquisition is being competed as full and open competition.

1352.215-72 INQUIRIES (APR 2010):

Offerors must submit all questions concerning this solicitation in writing to both the Contract Specialist (tracy.bisson@nist.gov) and the Contracting Officer (Lynda.horton@nist.gov). Questions should be received no later than 5 calendar days after the issuance date of this solicitation. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract.

(End of Provision)

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 – Helium Liquefier in Accordance with the NIST Requirements Below.

NIST Requirements Helium liquefier/liquid helium plant

I. Background:

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

II. Scope

The purpose of this acquisition is the purchase of a helium liquefier also known as (aka) liquid helium plant. This liquefier will be used to collect and re-liquefy the normal helium boil-off from one or more cryostats that are used in the study of fundamental neutron physics, thus greatly reducing their associated liquid helium costs for those project(s). The liquefier system does not need to capture and store transfer losses or other sudden losses of liquid helium, only the normal helium boil-off from a cryostat. The liquefier shall meet the performance requirements and physical characteristics described below.

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.

The Contractor shall provide one (1) helium liquefier aka liquid helium plant that meets the following specifications:

A. Liquid helium production rate shall be equal to or greater than 20 liters per day;

B. A storage dewar with a minimum capacity of 150 liters must be included;

C. Entire system (to include but not limited to: dewar, coldhead, compressor, controller) shall be mobile and mounted, as a single unit, on wheels for ease of transport between experiments;

D. The system shall be able to recover helium boil-off directly from user cryostat into liquefier (no intervening gas bag/gas storage systems);

E. This direct recovery shall not require raising the pressure inside the user cryostat above 5 PSIG;

F. The unit must allow for standalone manual operation as well as remote operation through computer control, including the ability to download or export relevant data.

G. The system shall include all LabVIEW drivers or other necessary software for remote operation;

H. The unit must reach full liquefaction mode (4.2 K) within 36 hours of initial start-up;

I. The dimensions of the system shall be not greater than 60 inches length x 36 inches width.

J. A liquid helium transfer line for transfer of helium from the liquefier to the user cryostat must be included. Transfer line must be a minimum of 96 inches long (flexible length). Stinger on user cryostat end must be 3/8” OD and 36 inches long;

K. The helium compressor and gas lines shall come charged with the required amount of helium gas;

L. All lines connecting compressor to cold-head must be included;

M. All necessary power cables must be included;

N. The unit must come with a temperature sensor, an automatic level monitor, and a pressure controller to maintain positive pressure in the system.

O. The compressor shall operate with 208 VAC 3 phase 60 Hz power;

P. If compressor is water cooled, cooling water requirement must be less than 5 GPM (19 L/min) at 20° C.

IV. Delivery

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 235 Gaithersburg, MD 20899 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.

1. A visual inspection of the liquefier shall be performed by NIST staff upon receipt and uncrating to ensure that the liquefier was not damaged during transport to NIST.

2. A performance test shall be performed by NIST staff. This test shall include start-up and operation of the unit for a minimum of two (2) days to ensure that the liquefier is operational, that it reaches base temperature (full liquefication mode) in the stated timeframe, that liquid helium is generated from input helium gas, and that all minimum requirements are met.

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 liquefier 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 liquefier.

The place of acceptance shall be:

NIST

100 Bureau Drive Building 235 Gaithersburg, MD 20899

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

VI. Warranty

The contractor shall warrant the entire system under the contractor’s standard warranty terms 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.

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 28, 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 301-975-3725.

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). 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;

5). 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.

Award shall be made to the offeror whose quotation is deemed technically acceptable (meeting or exceeding the minimum requirements), and is lowest in price. The Government will evaluate quotations based on the following evaluation criteria: 1) Technical Capability and 2) Price.

1. Technical Capability: No prototypes, demonstration models, used or refurbished instruments will be considered. Evaluation of technical capability shall be based on the information provided in the quotation. NIST will evaluate whether the offeror has demonstrated that its proposed equipment meets or exceeds all minimum requirements. Quotations that do not demonstrate the proposed equipment meets all requirements will not be considered further for award. If an offerors technical description and/or product literature does not indicate whether its proposed equipment meets a certain minimum requirement, 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. 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 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 OWNERSHIP OR CONTROL OF OFFEROR (JULY 2016)

(Reference FAR 4.1804(b))

FAR 52.204-17 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

(Reference FAR 4.1804(a))

FAR 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)

(Reference FAR 4.1804(c))

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.

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 52.225-4 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 item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act.”

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

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

[List as necessary]

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

Other Foreign End Products:

[List as necessary]

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

(End of provision) FAR 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN—REPRESENTATION AND CERTIFICATIONS (OCT 2015).

(Reference FAR 25.1103(e))

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:

(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).

(29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212)

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

(31) 52.222-37, Employment Reports on Veterans (Oct 2015) (38 U.S.C. 4212)

(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).

(49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

(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 52.232-39 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)

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