B-2_Combined_Synopsis_and_Solicitation_-06.27.17.pdf

THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERICAL ITEMS PREPARED IN

ACCORDANCE WITH THE FORMAT IN FAR SUBPART 12.6, STREAMLINED PROCEDURES

FOR EVALUATION AND SOLICITATION FOR COMMERCIAL ITEMS, AS SUPPLEMENTED

WITH ADDITIONAL INFORMATION INCLUDED IN THIS NOTICE. THIS ANNOUNCEMENT

CONSTITUTES THE ONLY SOLICITATION; QUOTATIONS ARE BEING REQUESTED, AND A

SEPARATE WRITTEN SOLICITATION DOCUMENT WILL NOT BE ISSUED. THE

SOLICITATION IS BEING ISSUED USING SIMPLIFIED ACQUISITION PROCEDURES.

The Request for Quotations (RFQ) number is SB1341-17-RQ-0680. This synopsis/solicitation constitutes a RFQ and incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2005-95.

The associated North American Industrial Classification System (NAICS) code for this procurement is 334519 – Other Measuring and Controlling Device Manufacturing, which has a size standard of 500 Employees.

COMMERCE ACQUISITION REGULATION (CAR) 1352.215-72 INQUIRIES (APR 2010)

Offerors must submit all questions concerning this solicitation in writing, via email, to both the Contract Specialist, January Magyar at january.magyar@nist.gov and the Contracting Officer, Cory Worley at cory.worley@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.

This acquisition is being competed as a 100% small business set-aside.

Background:

The National Institute of Standards and Technology (NIST) Center for Nanoscale Science and Technology (CNST) was established in May of 2007 as a unique national facility to accelerate innovation in nanotechnology-based commerce. The CNST mission is guided by an understanding that rapid commercial development of nanotechnology—in particular, the speed with which industry can bring a specific new nanotechnology from discovery to production—depends critically on the availability and efficacy of applicable metrology tools and processes at each stage of the transition. Developing these tools and processes will have an immediate and significant impact on the commercial viability of nanotechnologies in a diverse array of fields, such as electronics, computation, information storage, medical diagnostics and therapeutics, and national security and defense.

The NIST CNST has a requirement for a Cryostat Isolation System to vibrational isolate a dilution refrigerator System to support scanning probe nanoscale science research at cryogenic temperatures in the CNST user facility.

ATTACHMENT

mailto:january.magyar@nist.gov mailto:cory.worley@nist.gov mailto:cory.worley@nist.gov

The following pictures and drawings are hereby provided as attachments. The purpose of these attachments is for reference and to provide specification requirements to the Contractor for quotation purposes only.

All attachments included in this solicitation are owned by the Government and shall not be reproduced, released, distributed, or otherwise utilized for any purpose other than submission of a quotation and the execution of the required work without the prior written approval of the NIST Contracting Officer.

ATTACHMENT A - Cryostat Isolation System - Drawing

All offerors shall provide a quotation for the following line items in accordance with the specifications below and the attached drawing

Contract Line Item Number (CLIN)

QTY. UNIT UNIT

PRICE

APPLICABLE

DISCOUNTS

TOTAL

CLIN 0001 – Cryostat Isolation System in accordance with the Minimum Requirements and Attached Drawing, “Cryostat Isolation System”

1 EA

Minimum Requirements

All items must be new. Prototypes, demonstration models, used or refurbished instruments will not be considered for award.

Line Item 0001: One (1) Cryostat Isolation System to vibrational isolate a dilution refrigerator System in the NIST advanced metrology lab C016 Building 218, which shall meet or exceed the specifications identified below.

Isolation Design: The Cryostat Isolation System shall use a combination of pendulum isolation for horizontal motion, and thin wall diaphragm isolators for vertical isolation. The Contractor shall submit technical drawings of all components of the isolation system for NIST staff approval prior to manufacture.

1. The Cryostat Isolation system shall have a vertical natural frequency less than 3 Hz, and horizontal less than 1 Hz, with 40 dB isolation per decade above natural frequencies.

2. The roll plane or elastic axis of the vertical isolators shall be at the midpoint level of the cryostat located at 32.3” from the top of the cryostat.

3. The system shall have adjustable magnetic eddy current dampers to dampen horizontal and vertical motion.

4. The system shall have a 3 point kinematic mounting system so the system returns to the sample location in down position to with +- 0.005”.

5. The system shall have self-leveling high accuracy mechanical-pneumatic valves with +- 60 micron leveling accuracy.

6. The cryostat mass is estimated at 1000 lbs. The system shall have a compressed air requirement of less than or equal to 75 psi to float the entire Cryostat Isolation system with the cryostat mass.

7. The system shall fit inside the existing pit in the NIST A1 inertia slab in the C016/218 lab, with dimensions indicated on the document file cryostat isolation system.pdf.

8. The system shall accommodate a cryostat with an outer diameter of 32.0” and height, bottom flange to top flange of 64.6”.

9. Top of cryostat located at 2.6” below top of granite table.

10. The isolation system shall not protrude above the granite table by more than 6.5”.

11. The Contractor shall install the Cryostat Isolation System in the NIST C016/218 lab and measure and verify isolation performance listed in requirement #1.

DELIVERY

FOB Destination delivery terms are required.

Delivery shall be completed within six (6) months after award.

The Contractor shall deliver all equipment to NIST, 100 Bureau Dr., Building 218, Gaithersburg, MD 20899-1640.

EXPRESS WARRANTY

The Contractor shall warrant the cryostat isolation system for a period of at least one year. The warranty must include unlimited telephone/e-mail support for questions regarding operation. All costs including parts, labor, travel, and other expenses necessary to repair the system will be borne solely by the Contractor at no additional cost to the U.S. Government during the warranty period.

The vendor shall submit warranty documentation with its quotation.

The warranty shall be included in the total firm-fixed price.

INSPECTION & ACCEPTANCE

In addition to the inspection and acceptance terms articulated in FAR 52.212-4(a), the Government reserves the right to perform such performance tests and evaluations 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.

The testing will be completed after the system is installed by the contractor.

PROVISIONS AND CLAUSES:

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

All Federal Acquisition Regulation (FAR) clauses may be viewed at:

https://www.acquisition.gov/?q=browsefar.

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

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

PROVISIONS

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

(Reference FAR 4.1105(a)(1))

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

2016) (Reference FAR 4.1804(a))

FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARING 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) https://www.acquisition.gov/?q=browsefar http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl

FAR 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

(Reference FAR 12.301(b)(1))

INSTRUCTIONS:

System for Award Management, SAM

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.

Due Date for Quotations

Offerors shall submit their quotations so that NIST receives them not later than 3:00 PM Eastern Standard Time on July 7, 2017. FAX quotations shall not be accepted. E-mail quotations shall be accepted at january.magyar@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.

All hand delivered quotations and material 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 January Magyar, Contract Specialist on 301-975-5442.

Addendum to FAR 52.212-1, Quotation Preparation Instructions

1. Price Quotation: The offeror shall submit an original and one copy of the completed priced schedule. 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, FOB Destination for each CLIN. Contractor shall state warranty coverage. 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 quotations. 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 item it is proposing, which clearly identifies each requirement listed above. The offeror must demonstrate that its proposed item meets or exceeds each minimum requirement described above by providing a citation to the relevant section of its technical description or product literature. Offerors 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.

Under the technical capability factor, the Offeror shall submit concept drawings with its proposal for technical evaluation of the merits of the proposal with enough detail to examine the http://www.sam.gov/ mailto:january.magyar@nist.gov compliance with the specifications in the statement of work. The vendor shall also provide measured vibration isolation performance of similar isolators used in the proposed system.

3. Experience: The Offeror shall demonstrate the extent to which it has recently delivered cryostat isolation systems similar to this requirement successfully in the past and provide any measured performance data.

4. Past Performance: The Offeror shall provide past performance information regarding relevant contracts over the past three (3) 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.

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:

a. Contract number;

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

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

d. 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;

e. 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.

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

5. Acceptance of RFQ terms and conditions: This is an Open-Market Combined Synopsis/Solicitation for a cryostat isolation system in accordance with the specifications herein and attached drawings. 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;

6. Quoters shall provide their Dun and Bradstreet Number (DUNS number) for the quoter’s active

System for Award Management (SAM) registration. Quoters must have an active registration at www.SAM.Gov to receive an award;

7. Quoters shall include a completed copy of the attached provision, “Representation By

Corporations Regarding An Unpaid Delinquent Tax Liability or A Felony Conviction Under Any Federal Law”(February 2016)” with their quotation.

QUOTATION EVALUATION:

Evaluation Factors The award shall be made to the Offeror whose quotation offers the best value to the Government. The Government will evaluate quotations based on the following evaluation criteria: 1) Technical Capability;

2) Experience; 3) Past Performance and 4) Price. Technical Capability is more important that Experience, Past Performance and Price. All non-price factors, when combined are more important than price.

Each quotation will be evaluated against the factors described below. An Offeror's failure to address any factor may be considered indicative of the Offeror's lack of understanding of the Government's requirements and may result in the offer being determined unacceptable. Quotations will be evaluated based on the factors identified below:

Technical Capability Experience Past Performance Price

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, as well as any areas where offers demonstrate exceeding the 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, concept drawings 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.

Experience: NIST will evaluate the extent of the offeror’s experience in successfully providing cryostat isolation systems similar in complexity and scope as the system indicated in the SOW within the past three (3) years.

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 (a) demonstrates that the offeror has successfully completed relevant contracts in the past three (3) years. In assessing the offeror's past performance information, NIST will evaluate, as appropriate, (b) successful performance of contract requirements, quality and timeliness of delivery of goods and services, (c) communications between contracting parties, (d) proactive management and customer satisfaction. Evaluation of this factor will be based on information contained in the technical portion of the quotation and information provided by references. The Government will evaluate past performance information by contacting appropriate references, including NIST references, if applicable. The Government may also consider other available information in evaluating the Offeror’s past performance. The Government will assign a neutral rating if the offeror has no relevant past performance information.

Price: The Government will evaluate the Contractor’s ability to deliver an efficient and effective quotation at a fair and reasonable price.

52.212-3 Offeror Representations and Certifications -- Commercial Items (JAN 2017)

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 (u) 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.

52.225-2 -- BUY AMERICAN CERTIFICATE (MAY 2014)

(a) The offeror certifies that each end product, except those listed in paragraph (b) 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 offeror http://www.sam.gov/portal shall list as 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.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”

(b) Foreign End Products:

Line Item No. Country of Origin [List as necessary]

(c) 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— https://www.acquisition.gov/sites/default/files/current/far/html/FARTOCP25.html#wp225048

(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.

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: CORY WORLEY, 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

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)

CLAUSES

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:

FAR: https://www.acquisition.gov/?q=browsefar

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

(End Clause)

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))

FAR 52.212-5, CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUES OR EXECUTIVE ORDERS – COMMERICAL ITEMS (JAN 2017)

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

The following additional FAR clauses cited in FAR 52.212-5 are applicable to this acquisition –

FAR 52.204-10, REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT

AWARDS (OCT 2016) (PUB. L. 109-282) (31 U.S.C. 6101 NOTE)

FAR 52.209-6, PROTECTING THE GOVERNMENT’S INTEREST WHEN SUBCONTRACTING

WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (OCT

2015) (31 U.S.C. 6101 NOTE)

FAR 52.219-6, NOTICE OF TOTAL SMALL BUSINESS ASIDE (NOV 2011) (15 U.S.C. 644)

FAR 52.219-28, POST AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013)

(15 U.S.C. 632(a)(2))

FAR 52.222-3, CONVICT LABOR (JUNE 2003) (E.O. 11755).

FAR 52.222-19, CHILD LABOR—COOPERATION WITH AUTHORITIES AND REMEDIES (OCT

2016) (E.O. 13126)

FAR 52.222-21, PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

FAR 52.222-26, EQUAL OPPORTUNITY (SEPT 2016) (E.O. 11246)

FAR 52.222-36, EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014) (29

U.S.C. 793)

FAR 52.222-50, COMBATING TRAFFICKING IN PERSONS (MAR 2015) (22 U.S.C. CHAPTER 78

AND E.O. 13627)

FAR 52.223-18, ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE

DRIVING (AUG 2011) (E.O. 13513)

FAR 52.225-1 BUY AMERICAN – SUPPLIES (MAY 2014) (41 U.S.C. CHAPTER 83)

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)

FAR 52.232-33, PAYMENT BY ELECTRONIC FUNDS TRANSFER— SYSTEM FOR AWARD

MANAGEMENT (JUL 2013) (31 U.S.C. 3332)

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))

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:

Inspection and acceptance will be performed at:

U.S. Department of Commerce

DOC/NIST

100 Bureau Drive Gaithersburg, MD 20899 Building: 216

(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))

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)s