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. THIS SOLICITATION IS BEING ISSUED USING SIMPLIFIED ACQUISITION PROCEDURES UNDER THE AUTHORITY OF FAR PART 13 FOR CERTAIN COMMERCIAL ITEMS.

The Request for Quotations (RFQ) number is SB1341-17-RQ-0662. 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 325180 Other Basic Inorganic Chemical Manufacturing, which has a size standard of 1,000 Employees.

This acquisition is being competed as a full and open competition.

Offerors must submit all questions concerning this solicitation in writing, via email, to both the Contract Specialist, Sedigah Gizabi, sedigah.gizabi@nist.gov and the Contracting Officer, Lynda Horton at Lynda.Horton@nist.gov .Questions should be received no later than five (5)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.

Background

The U.S. Department of Commerce (DOC), National Institute of Standards and Technology (NIST) Physical Measurements Laboratory (PML) has a requirement for 25 kilograms of Zinc Metal in accordance with the requirements listed below.

NIST maintains a suite of standard reference materials (“SRM”) which are used for, among other purposes, calibrating measurement systems. Among these materials, SRM 740 “zinc freezing point standard” is a defining point on the International Temperature Scale of 1990 (ITS-90) and is used to create artifacts called freezing point cells that are, in turn, required to realize the scale. This SRM (SRM 740a) is currently out of stock, and NIST needs to certify a new batch – SRM 740b.

Description/Purpose To certify a new batch of SRM 740, NIST must acquire a quantity of ultrahigh purity zinc and certify that its freezing point agrees with the artifacts maintained by NIST to realize the ITS-90.

Impurities in the zinc contribute significantly to the uncertainty of its freezing point, necessitating that this SRM be composed of the highest purity zinc that can reasonably be obtained.

The zinc will be used to fabricate freezing point cells; to fabricate these, the zinc must be in small pieces (10 grams or less each). Larger pieces would need to be cut prior to use, making it more likely that the metal would become contaminated during fabrication.

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).

Minimum Requirements

The material 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, or prototype 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 a firm fixed price (FFP) quotation for the following:

CLN 0001: The contractor shall provide 25 kilograms of Zinc Metal that meets or exceeds the minimum requirements identified below:

A. Purity shall be 99.999 99% (“7N”) B. Quantity shall be 25 kg (blended from lots of 4 kg or more each) C. Metal form shall be shot or small pieces (less than or equal to 10 gram/piece) D. Shall be packaged in 200 gram units sealed in an inert atmosphere E. Composition of units shall be uniform across all 25 kg of material – each unit shall contain pieces from consistent lots.

F. To ensure uniformity between units of this SRM, it must be packaged in 200 gram units with material in each unit coming from consistent lots.

G. The Contractor shall provide a third-party certificate of analysis for the zinc which supports the contractor’s claimed purity of the zinc; the analysis must have been performed by a third-party laboratory.

Delivery

Delivery shall be FOB DESTINATION and shall occur not later than (NLT) 16 weeks ARO.

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 221 Room B05 Gaithersburg, MD 20899-1640

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 all tests and evaluations at the Contractor’s expense.

Inspection and acceptance shall occur within seven (7) business days after receipt of Zinc Metal at NIST.

The testing procedures are:

A visual inspection of the Zinc Metal will be performed by the NIST TPOC to identify surface defects or any form of indication that the Zinc Metal or the packaging of the individual 200 gram units 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 Zinc Metal 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 Zinc Metal.

The place of acceptance shall be:

100 Bureau Drive Building 221, Room B05 Gaithersburg, MD 20899

Warranty

The contractor shall warrant the entire material in accordance with the contractor’s standard commercial timeframe. Warranty shall commence after receipt and acceptance of the equipment and shall be in accordance with terms in FAR 52.212-4

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 material, and

2. After the material demonstrates full operation to the required technical specifications set forth in this document

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 (OCT 2016)

(Reference FAR 12.301(b)(1))

The following addenda has been attached to this provision:

SUBMISSION REQUIREMENTS:

Due Date for Quotations:

Offerors shall submit their quotations so that NIST receives them not later than 10:00 AM Eastern Standard Time on July 10, 2017 FAX quotations shall not be accepted. E-mail quotations shall be accepted at sedigah.gizabi@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.

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). Acceptance of RFQ terms and conditions:

This is an open-market solicitation for equipment as defined herein. The Government intends to award a Purchase Order as a result of this solicitation that will include the clauses set forth herein. The quotation should include one of the following statements:

“The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition.”

OR

“The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:

Offeror shall list exception(s) and rationale for the exception(s)

Note: This procurement is not being conducted under the GSA Federal Supply Schedule (FSS) program or another Government-Wide Area Contract (GWAC). If an offeror submits a quotation based upon an FSS or GWAC contract, the Government will accept the quoted price.

However, the terms and conditions stated herein will be included in any resultant Purchase Order, not the terms and conditions of the offeror’s FSS or GWAC contract, and the statement required above shall be included in the quotation.

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

5). Quoters shall include a completed copy of the below provisions, “Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2015)” and “Free Trade Agreements Certificate” with their quotation.

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 CRITERIA:

An award shall be made to the offeror whose quotation is deemed technically acceptable and is lowest priced. 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 technical specifications. Quotations that do not demonstrate the proposed equipment meets all requirements will not be considered further for award. If an offeror does not indicate whether its proposed equipment meets a certain minimum requirement, NIST will determine that it does not.

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

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. *

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

(End of provision)

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

(Reference FAR 4.1804(a))

(a) Definition. As used in this provision— “Commercial and Government (CAGE) code” means--

(1) An identified assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or Government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Contractor and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as an NCAGE code.

(b) The Offeror shall enter its CAGE code in its offer with its name and address or otherwise include it prominently in its proposal. The CAGE code entered must be for that name and address. Enter “CAGE” before the number. The CAGE code is required prior to award.

(c) CAGE codes may be obtained via –

(1) Registration in the system for Award management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Contractor and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).

(2) The DLA Contractor and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the offeror does not otherwise register in SAM, an offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at http://www.dlis.dla.mil/cage_welcome.asp.

(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity’s country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA if the foreign entity’s country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus and NSPA, as well as additional information on obtaining NCAGE codes, are available at http://www.dlis.dla.mil/nato/ObtainCAGE.asp.

(d) Additional guidance for establishing and maintaining CAGE codes is available at http://www.dlis.dla.mil/cage_welcome.asp.

(e) When a CAGE Code is required for the immediate owner and/or the highest-level owner by 52.204-17 or 52.212-3(p), the Offeror shall obtain the respective CAGE Code from that entity to supply the CAGE Code to the Government.

(f) Do not delay submission of the offer pending receipt of a CAGE code.

(End of Provision) FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING 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)

52.212-3 Offeror Representations and Certifications -- Commercial Items (Oct 2016) The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (s) of this provision.

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

“Administrative merits determination” “Arbitral award or decision” Paragraph (2) of “Civil judgment” “DOL Guidance” “Enforcement agency” “Labor compliance agreement” “Labor laws” “Labor law decision”

Per Court Injunction dated 24 Oct. 2016 and OMB memo dated 25 Oct. 2016 paragraph (s) of 52.212-3 is not implemented into this solicitation.

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

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

BUY AMERICAN—FREE TRADE AGREEMENTS-ISRAELI TRADE ACT CERTIFICATE (MAY 2014)

(a) The offeror certifies that each end product, except those listed in paragraph (b) or (c) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and” “United States” are defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements–Israeli Trade Act.”

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

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

[List as necessary]

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

Other Foreign End Products:

[List as necessary]

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

(End of provision)

FAR 52.225-18 PLACE OF MANUFACTURE (Mar 2015)

(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.

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation.

(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:

52.204-13 – System for Award Management 52.212-4 – Contract Terms and Conditions-Commercial Items 52.212-5 – Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jan 2017);

52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (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)).

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

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

1) In accordance with Sections 543 and 544 of Public Law 112-55 Commerce, Justice, Science, and Related Agencies Appropriations Act 2012, Title V (General Provisions) none of the funds made available by that Act may be used to enter into a contract with any corporation that-

a) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

b) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

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

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

b) The offeror/contractor is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreements with the authority responsible for collecting the tax liability.

(End of clause)

The following provisions and clauses apply to this acquisition and are hereby incorporated by reference. All CAR clauses may be viewed at http://www.ecfr.gov

1352.201-70 – Contracting Officers Authority 1352.209-73 – Compliance with the Laws (APR 2010) 1352.209-74 – Organizational Conflict of Interest

1352.246-70 – Place of Acceptance

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

(b) The place of acceptance will be:

100 Bureau Drive, Gaithersburg, MD. 20899

NIST LOCAL

-04 Billing Instructions –

(a) NIST prefers electronic Invoice/Voucher submissions and they should be emailed to INVOICE@NIST.GOV.

(b) Each Invoice or Voucher submitted shall include the following: (1) Contract Number. (2) Contractor Name and Address. (3) Date of Invoice. (4) Invoice Number. (5) Amount of Invoice and Cumulative Amount Invoiced to-date. (6) Contract Line Item Number (CLIN). (7) Description, Quantity, Unit of Measure, Unit Price, and Extended Price of Supplies/Services Delivered. (8) Prompt Payment Discount Terms, if Offered. (9) Any other information or documentation required by the contract.

(c) In the event electronic submissions are not used, The Contractor shall submit an original invoice or voucher in accordance with the payment provisions of this contract to: NIST: Accounts Payable Office 100 Bureau Drive, Mail Stop 1621 Gaithersburg, MD 20899-1621 (End of clause)

1352.233-70 AGENCY PROTESTS (APR 2010)

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

100 Bureau Drive, MS 1640 Gaithersburg, MD 20899

(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: NIST/ACQUISITION MANAGEMENT DIVISION

ATTN: HEAD OF THE CONTRACTING OFFICE (HCO)

100 Bureau Drive, MS 1640 Gaithersburg, MD 20899

U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W.

Washington, D.C. 20230.

FAX: (202) 482-5858

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

(a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed.

(b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims.

(c) Service upon the Contract Law Division shall be made as follows:

U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W.

Washington, D.C. 20230.

FAX: (202) 482-5858

(End of clause)