FINAL_COMBINED_SYNOPSIS_06232017_POSTED_TO_FBO.pdf

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 SIMPLIFIED PROCEDURES FOR CERTAIN

COMMERCIAL ITEMS.

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

1352.215-72 INQUIRIES (APR 2010)

Offerors must submit all questions concerning this solicitation in writing to the contract specialist within seven (7) days of the posting. All responses to the questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract.

(end of provision)

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

This requirement is being set aside 100 percent for small businesses.

***The National Institute of Standards and Technology is seeking to purchase a Cryogen Free Cryostat.

BACKGROUND:

The Quantum Processes and Measurement Group at the National Institute of Standards and Technology (NIST) studies quantum physics for applications to quantum information science and quantum sensing. One such area of research in which our group is involved is studying optomechanical systems in a regime where the mechanical motion is near the quantum zero-point motion. Such studies require working at very low temperature and in a very low-vibration environment. Until now we have primarily carried out room-temperature research in this domain. NIST now requires a cryogen-free cryostat in order to be able to carry this research into the quantum domain.

REQUIREMENTS:

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

CLIN 0001, The Contractor shall provide (1) one, Cryogen Free Cryostat, meeting or exceeding the following minimum requirements. All items must be new. Used or remanufactured equipment will not be considered for award. Experimental and prototype 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

1. Mechanical: The cryostat will mount to the user’s optical table

a. Inside the cryostat, shall be a tapped optical breadboard for mounting experimental apparatus, with a diameter available to the user of at least 6”. The experimental apparatus shall be mounted to the TOP of the optical breadboard. (Higher technical rating shall be given to a system that demonstrates as direct as possible, a mechanical link established between the breadboard and optical table)

b. The top of the optical breadboard shall be no more than 5” above the top of the optical table.

c. The vertical space above the breadboard available to the user (“sample volume”) shall be at least 5”. (Higher technical rating shall be given to systems with greater experimental volume)

d. Routine opening of the cryostat to change the sample must not involve major effort, such as use of a mechanical crane. Depending on the design, it may be necessary that the optical table to which the cryostat is mounted be designed with a hole in it to facilitate sample exchange or mounting of the cryostat itself. NIST will obtain the necessary optical table separately.

(Higher technical rating shall be given to systems offering easier access to the sample, more than 2 flanges and more than 2 viewports, and ease of adding additional electrical signal lines in the future)

Contract Line Item Number (CLIN) Q T Y

UNIT UNIT

PRICE

APPLICABLE

DISCOUNTS

TOTAL

CLIN 0001 –Cryogen Free Cryostat, meeting or exceeding the following requirements.

1 EA

CLIN 0002, Installation, as required Below

1 EA

CLIN 0003, Training, as required below 1 EA

e. Access to the sample volume, including removing any heat shields, must be possible without disconnecting any electrical wiring.

2. Continuous operation:

a. The optical breadboard must maintain a base temperature of below 4.5K with a heat load (applied by the user) of 75 mW. (Higher technical rating shall be given to a system that exceeds cooling power of 75mW at 4K in continuous operation)

b. The vacuum level must be below 5 x 10-7 Torr in the sample volume.

c. Higher technical rating shall be given to systems employing technologies such as remote motors, bellows, and braids to minimize vibration and acoustic noise from the cryocooler as the system cools and when it is in continuous operation)

3. Transient operation:

a. The cryostat must be operable in a transient mode during which all cryocoolers, mechanical pumps, and similar sources of vibration are turned off.

b. The transient duration must be at least 3 hours with a heat load of 75 mW applied to the sample breadboard. (Higher technical rating shall be given for a system that has a longer transient duration).

c. During this transient duration, the optical breadboard must maintain a base temperature of below 4.5 K with a heat load (applied to the sample breadboard by the user) of 75 mW.

(Higher technical rating shall be given for a lower base temperature)

d. The vacuum level must be below 5 x 10-7 Torr in the sample volume during this time.

e. Cooldown time to the next transient operation should not exceed 15 hours.

4. Optical access:

a. Optical access to the experimental region shall be provided by at least two viewports, located opposite one another, with diameters of at least 1”, allowing laser light to enter and exit.

b. Viewports must be exchangeable by user. Exact location of the viewports will be determined at a later date, but must be located opposite one another.

4. Electrical access to the experimental region shall be provided by at least two flanges of size KF-40 or larger. (Higher technical rating shall be given for more flanges).

5. Cryogenic:

a. System must require no liquid cryogens to be supplied by the user (neither liquid helium nor liquid nitrogen)

b. System must not require the user to supply gaseous helium.

c. Compressor supplying helium to cryocooler will be located in a separate service galley. The high-pressure helium lines will penetrate a wall and may be located up to 25 feet from the cryocooler itself.

d. Volume required for gaseous helium storage shall not exceed 500 liters.

Contract Line Item 0002, Installation:

The system shall be installed by the Contractor and meet contract specifications no later than 15 days after delivery.

Installation, at a minimum, shall include uncrating/unpackaging of all equipment, rigging, set-up and hook-up of the system, demonstration of all specifications, and removal of trash. Onsite installation and demonstration shall be done at NIST, Gaithersburg, MD 20899, Building 218.

Contract Line Item 0003: Training

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

Express Warranty

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

Delivery/Deliverables:

Delivery shall be FOB DESTINATION (Gaithersburg, MD) and shall propose the standard delivery timeframe.

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 218 Gaithersburg, MD 20899-1640

Deliverable 1: The Contractor shall provide a preliminary design not later than 6 weeks after receipt of the award. The Government anticipates review, comments, and/or approval to be completed not later than 2 weeks after receipt of the design. Fabrication of the Cryostat shall not begin until approval of the design by the Government.

Deliverable 2: The Contractor shall deliver the Cryostat within the contractor’s standard commercial delivery terms.

Deliverable 3: The Contractor shall complete installation and training not later than 15 days after delivery of the Cryostat.

Inspection and Acceptance:

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

The following performance measurements are required:

1. Base temperature on sample breadboard will be measured in the presence of a 75-mW heat load provided by an electrical resistor.

2. Cryocooler and any other sources of vibration such as mechanical pumps will be turned off, and the temperature on the sample breadboard and the chamber pressure will be monitored in the presence of 75mW heat load as the system warms up to verify that they meet the minimum requirements.

The Government anticipates inspection and acceptance to be completed within 14 days after installation.

Payment Terms:

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.

Payment terms may be negotiable.

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

DUE DATE FOR QUOTATIONS:

Offerors shall submit their quotations so that NIST receives them not later than 3:30 p.m.

Eastern Time on July 24, 2017. FAX quotations shall not be accepted. E- mail quotations shall be accepted at lynda.horton@nist.gov. Offeror’s quotations shall not be deemed received by the Government until the quotation is entered into the e-mail address inbox set forth above.

Quotations may also be sent to the National Institute of Standards and Technology, Acquisition Management Division, Attn: Lynda Horton, 100 Bureau Drive, Stop 1640, Gaithersburg, MD 20899-1640. All Offerors should ensure the RFQ number is visible on the outermost packaging.

Because of heightened security, electronic delivery is the preferred method of delivery of quotes. If quotes are hand delivered, delivery shall be made on the actual due date through Gate A, and a 48 hour (excluding weekends and holidays) prior notice shall be provided to Lynda Horton, Contract Specialist on 301-975-3725.

INSTRUCTIONS TO OFFERORS:

Contractors may submit more than one quotation if proposing different systems.

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 90 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:

Overall 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. The contractor must not simply state they will meet the requirement; evidence must be mailto:lynda.horton@nist.gov provided. If applicable, evidence that the Offeror is authorized by the original provider to provide the item(s) in the quotation should be included.

a. Data Submissions:

In addition, the offeror shall provide evidence demonstrating:

1. The ability to maintain a temperature below 4.5K in a transient regime of at least 3 hours, with cryocooler turned off and a heat load of approximately 75 mW;

2. The ability to maintain a vacuum pressure of below 5 x 10-7 Torr in the transient regime, with cryocooler turned off.

b. For Mechanical Submissions:

The Contractor shall provide a drawing(s) of the proposed cryostat, identifying, at minimum, the following:

a. The overall system, including any necessary holes in the optical table to which it is mounted.

b. The mechanical link between the sample breadboard and the optical table

c. Any vibration-reducing technologies employed, such as bellows and braids

d. The sample volume, including dimensions

e. Approximate location of electrical feedthroughs and potential location of optical viewports

f. A description of how the sample is to be exchanged, including removing any heat shields, vacuum cans, etc.

g. The volume and (if appropriate) location of any gaseous helium storage tanks involved in operation of the cryostat.

c. For Cryogenic Requirement Submissions:

The Contractor shall provide a technical approach and/or any other supporting documentation that describes and demonstrates how the helium will circulate and detailed operation and functioning of the system.

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 2 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:

1. Contract number;

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

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

4. 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;

5. 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.

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

4). Experience:

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

5). 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;

6). Quoters shall include a completed copy of the 52.209-11 provision, “Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2015)” with their quotation.

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.

Evaluation Factors

The Government intends to award a single Firm Fixed Priced Purchase Order.

Award will be made to the offeror whose quotation conforms to the solicitation requirements;

who are determined to be responsible in accordance with the FAR by possessing the financial and other capabilities to fulfill the requirements of the contract; and provides the overall best value to the Government, cost/price and other factors considered.

http://www.sam.gov/

The Government reserves the right to make an award to other than the lowest-priced offeror(s) or to the offeror(s) with the highest technical rating if the contracting officer determines that to do so would result in the best value to the Government.

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

Each quotation will be evaluated against the factors described below.

1) Technical Capability 2). Past Performance, 3). Experience and 4) Price.

Technical Capability is significantly more important than Experience, Past Performance, and Price. Experience and Past Performance, when combined, are equally important to price.

Evaluation Factors:

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.

Overall Technical Capability:

NIST will evaluate whether the offeror has demonstrated that its proposed cryostat 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.

Data:

NIST will evaluate whether the data demonstrates the proposed cryostat meets the following requirements.

1. The ability to maintain a temperature below 4.5K in a transient regime of at least 3 hours, with cryocooler turned off and a heat load of approximately 75 mW;

2. The measured vacuum pressure of below 5 x 10-7 Torr in the transient regime, with cryocooler turned off.

For Mechanical:

NIST will evaluate the soundness and feasibility of the proposed cryostat design, including:

a. The overall system, including any necessary holes in the optical table to which it is mounted.

b. The mechanical link between the sample breadboard and the optical table

c. Any vibration-reducing technologies employed, such as bellows and braids, but not limited to such technologies

d. The sample volume, including dimensions

e. Approximate location of electrical feedthroughs and potential location of optical viewports

f. A description of how the sample is to be exchanged, including removing any heat shields, vacuum cans, etc.

g. The volume and (if appropriate) location of any gaseous helium storage tanks involved in operation of the cryostat.

For Cryogenic:

NIST will evaluate the soundness and feasibility of the offeror’s proposed approach(es) in performing cryogenic requirements, as well as the depth of the offeror’s demonstrated understanding of the same.

Higher technical rating shall be given for the following specifications, in no particular order:

Mechanical, Item 1.1: Inside the cryostat, shall be a tapped optical breadboard for mounting experimental apparatus, with a diameter available to the user of at least 6”. The experimental apparatus shall be mounted to the TOP of the optical breadboard. (Higher technical rating shall be given to a system that demonstrates as direct as possible, a mechanical link established between the breadboard and optical table)

Mechanical Item 3.1: The vertical space above the breadboard available to the user (“sample volume”) shall be at least 5”. (Higher technical rating shall be given to systems with great experimental volume)

Mechanical Item 1.4: Routine opening of the cryostat to change the sample must not involve major effort, such as use of a mechanical crane. Depending on the design, it may be necessary that the optical table to which the cryostat is mounted be designed with a hole in it to facilitate sample exchange or mounting of the cryostat itself. NIST will obtain the necessary optical table separately. (Higher technical rating shall be given to systems offering easier access to the sample, additional flanges, additional viewports, and ease of adding additional electrical signal lines in the future)

Continuous Operation Item 2.1: The optical breadboard must maintain a base temperature of below 4.5K with a heat load (applied by the user) of 75 mW. (Higher technical rating shall be given to a system that exceeds cooling power of 75mW at 4.5K in continuous operation)

Continuous Operation Item 2.3: Higher technical rating shall be given to systems employing technologies such as remote motors, bellows, and braids to minimize vibration and acoustic noise from the cryocooler as the system cools and when it is in continuous operation.

Transient Operation Item 3.1: The transient duration must be at least 3 hours with a heat load of 75 mW applied to the sample breadboard. (Higher technical rating shall be given for a system that has a longer transient duration).

Transient Operation Item 3.2: During this transient duration, the optical breadboard must maintain a base temperature of below 4.5 K with a heat load (applied to the sample breadboard by the user) of 75 mW. (Higher technical rating shall be given for a lower base temperature)

Electrical access Item 5: Electrical access to the experimental region shall be provided by at least two flanges of size KF-40 or larger. (Higher technical rating shall be given for more flanges).

2. 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.

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

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

PROVISIONS AND CLAUSES:

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

Provisions

52.204-7 – System for Award Management 52.209-11 - Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law 52.212-1 – Instructions to Offerors-Commercial Items 52.212-3 Offeror Representations and Certifications -- Commercial Items (Oct 2016) http://acquisition.gov/comp/far/index.html

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

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

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

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

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

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

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

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

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

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

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary] http://www.sam.gov/portal https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2025_11.html#wp1078037

(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:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

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

(End of provision)

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation (Jan 2017)

(a) Definition. As used in this provision-- “Internal confidentiality agreement or statement”, “subcontract”, and “subcontractor”, are defined in the clause at 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(b) In accordance with 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), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

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

(d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(End of provision) Clauses https://www.acquisition.gov/sites/default/files/current/far/html/FARTOCP25.html#wp225048 https://www.acquisition.gov/sites/default/files/current/far/html/FARTOCP25.html#wp225048 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P466_70159

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; (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: (Jan 2017)

(1) 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)).

(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:

52.209-6 – Protecting the Government’s interest When Subcontracting with Contractor’s Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C. 6101 note).

52.204-10 – Clause Reporting Executive Compensation and First-Tier Subcontract Awards 52.219-4 – Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C.

657a) 52.219-6 Total Small Business Set Aside 52.219-28 – Post Award Small Business Program Representation (Apr 2009) (15 U.S.C.

632(a)(2)).

52.222-50 – Combatting Trafficking in Persons (FEB 2009)(22 U.S.C.7104(g)) 52.225-3 - 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 52.233-3 – 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 52.222-35 – Equal Opportunity for Veterans 52.222-37 – Employment Reports on Veterans 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) 52.225-13 – 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 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

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:

http://www.ecfr.gov/

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)

(b) Agency protests filed with the Contracting Officer shall be sent to the following address: NIST/ACQUISITION MANAGEMENT DIVISION

ATTN: PATRICK STAINES CONTRACTING OFFICER

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

(d) A complete copy of all agency protests, 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.

(e) 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.

mailto:INVOICE@NIST.GOV

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)