FINAL_COMBINED_SYNPOSIS.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 SEPARATE WRITTEN SOLICITATION DOCUMENT WILL

NOT BE ISSUED. THE SOLICITATION IS BEING ISSUED USING FAR PART 13

SIMPLIFIED ACQUISITION PROCEDURES FOR CERTAIN COMMERCIAL ITEMS.

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

1352.215-72 INQUIRIES (APR 2010)

Offerors must submit all questions concerning this solicitation in writing to the contract specialist, Lynda Horton (Lynda.Horton@nist.gov) 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 541690 with a small business size standard of $15M.

This solicitation is being competed as a total small business set-aside.

The National Institute of Standards and Technology is seeking to obtain a Contractor to Develop and Configure the NIST Calibration Database Formats for use with the Distorted Power Calibration System and Services, and Develop Software Tools to Store, Analyze, and Process Data from the Distorted Power Measurement System.

I. BACKGROUND

The National Institute of Standards and Technology (NIST) maintains a measurement service for Distorted Power measurements. NIST has developed a calibration database that this calibration service will utilize in order to automate data analysis. This measurement system requires it's data format and records to be changed to use this database structure. In addition, this database needs to be configured for the calibration service.

In order to maintain efficient and high-quality Distorted Power calibration services, NIST must continue to improve their cost-effectiveness, maintain the quality system, and perform periodic inter comparisons with other national metrology institutes.

II. SCOPE OF WORK

mailto:Lynda.Horton@nist.gov

The Contractor shall develop and configure the NIST calibration database formats for use with the distorted power calibration system and services, and develop software tools to store, analyze, and process data from the distorted power measurement system. All procedures and documentations shall comply with the NIST Quality System, in accordance with the International Electro Technical Commission (IEC) 17025 quality document. The Contractor shall provide all support for project oversight, administration and technical execution of this contract. The Contractor is responsible for maintaining records of project activities.

III. SPECIFIC TASKS

The Contractor shall complete the following tasks:

Task 1. Configure NIST calibration database for use with the Distorted Power calibration system:

a. An environment shall be created in the Oracle database, which requires setting up attribute information, instruments information, measurement systems information, measurement service information, measurement process information and search template configurations. Once the environment is created and set up, then the environment configuration shall be completed. This shall include, measurement system configuration, instrument configuration, test point configuration, measurement process configuration and input fields configuration.

Task 2. Modify data recording and storage structure for the NIST Distorted Power calibration system to work such that files can be automatically uploaded to the NIST calibration database.

Task 3. Automate data analysis and calibration report generation.

a. For the calibration services, develop software that shall automatically process, summarize, compute uncertainties and apply corrections data taken on the NIST Distorted Power calibration system. The software shall also generate tables of results and generate test reports for the Distorted Power calibration service. The software shall be 100% compatible and run under Windows 7.

b. The processing software shall operate with minimal amount of human interaction. For example;

Date ranges of data are selected along with a specific instrument and the software will then do all the processing, summarizing, uncertainty calculations, and corrections then generate a test report from the data. The test report format and wording shall be provided by the Technical Point of Contact (TPOC). It shall be provided in hard copy format within fifteen (15) business days of award of contract.

Task 4. Automate control chart generation using Distorted Power check standards. The control charts shall display 1 sigma and 2 sigma uncertainties with calculated drift rates for NIST check standard meters.

Task 5. Light board with ANSI C12 sockets for metering of the light board electricity use. The light board shall have 4 rows of 6 light bulb sockets for use with household LED and CFL light bulbs. All lights shall be controllable from a single switch/dimmer and an alternate configuration of each of the 4 rows controlled by its' own dimmer. There shall be 8 C12 2S sockets in a series configuration for measuring the light board electricity use. Vendor shall supply the hardware for the light board.

IV. DELIVERABLES AND DELIVERABLE DUE DATES

Number/ Reference

Description Format Quantity Due Date

1 Configure NIST Database Oracle Database prgogramming

2 4 months after award

2 Modify data recording for Distorted Power Calibration Systems

LabView programming

2 5 months after award

3 Automated data analysis and report generation

MS Word, Excel Versions

2013,2016

2 9 months after award

4 Automated Control Charts MS Excel, Versions 2013, 2 12 months after award

5 Software and documentation for processing test data and generating calibration reports for measurements made using the Distorted Power

Measurement System

MS Excel, Versions 2013, 2 12 months after award

6 Quarterly Progress Reports, starting three (3) months from date of award and shall include: activities accomplished, planned activities for the next time period, any problems/issues/risks, and recommendations that were brought to the attention of the TPOC

MS Word, Version 2010 or 2013

4 15th day of the quarter

The TPOC/COR will provide comments on each deliverable within fifteen (15) calendar days from receipt of a given deliverable. The Contractor shall make any needed changes to the reports within fifteen (15) calendar days from receipt of electronic or written comments from the TPOC/COR.

Maximum of one (1) revision is acceptable. The TPOC/COR will provide written notification, within fifteen (15) days of when a deliverable is accepted. Deliverables shall be inspected by the TPOC/COR and deemed acceptable after all specified requirements and revision comments have been successfully addressed.

V. PERFORMANCE REQUIREMENT SUMMARY

Desired Output Required Service Performance Standard

Monitoring Method

Development and configuration of the NIST calibration database formats, and software tools to store, analyze, and process data.

Software and documentation for processing test data and generating calibration reports for measurements made using the Distorted Power Measurement System

All procedures and documentation shall comply with the NIST Quality System, in accordance with the International Electro Technical Commission (IEC) 17025 quality document.

100% inspection of all documentation, software and equipment design will be completed by the TPOC to ensure compliance with NIST quality manuals (see attached) and ISO 17025.

The IEC 17025 has a copyright. As such it will not be provided by NIST. It is available for purchase on the following IEC Website:

https://webstore.iec,ch/

VI. PERIOD OF PERFORMANCE

The period of performance shall be one (1) year from issuance of purchase order.

VII. PLACE OF PERFORMANCE

All work shall be accomplished at NIST, Gaithersburg, Maryland BLDG. 218 Room E025. Duty hours are Monday through Friday, 8:00 a.m. to 5:00 p.m. with the exception of Federal holidays.

VIII. GOVERNMENT-FURNISHED PROPERTY, DATA AND/OR INFORMATION

All material provided by the Government in the performance of this project remains the property of the Government and shall be surrendered to the Government upon completion or termination of this project.

The property listed in this section (below) is property that is incidental to the place of performance due to the contract requiring contractor personnel to be located on a Government site and the property used by the contractor within the location remains accountable to the Government. Per FAR Part 45.000(5) items considered to be incidental to the place of performance include: office space, desks, chairs, telephones, computers and fax machines.

A. Incidental property provided:

1. Office space

2. Desk

3. Chair https://webstore.iec,ch/

4. Telephone

5. Computer

6. Fax Machine

B. Vendor shall be provided access to the following as needed to perform the required tasks:

1. Calibration Records

2. Software

3. Electrical Standards

ADDENDUM TO 52.212-1: INSTRUCTIONS TO OFFERORS:

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 03:30 PM Eastern Standard Time on July 18, 2017. FAX quotations shall not be accepted. E-mail quotations shall be accepted at Lynda.Horton@nist.gov. Please reference the RFQ number in the subject line of email communications. Offerors’ quotations shall not be deemed received by the Government until the quotation is entered in the e-mail box set forth above.

Quotations shall be sent to the National Institute of Standards and Technology, Acquisition Management Division, Attn: Lynda Horton, 100 Bureau Drive, Mail 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 methods are 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.

Quotation 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:

http://www.sam.gov/ mailto:Lynda.Horton@nist.gov

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:

a. Technical Approach – the offeror shall provide sufficient information to demonstrate its understanding of the requirements, providing a concise, detailed, and thorough discussion of its technical approach to successfully provide the services required. Fully describe a technical approach to each of the task areas in the quotation, indicating how the work of the project will be performed. Provide a detailed work plan for executing the tasks described in the Statement of Work. This plan will portray the objectives to be accomplished, methods for achieving these objectives, and allocation of personnel and other resources.

3. Qualifications / Experience – the offeror shall describe and demonstrate its experience and qualifications in performing the same and/or similar, and relevant services AND demonstrate its key personnel have the qualifications to perform the tasks as described the Statement of Work above.

4. Past Performance - The offeror shall provide past performance information regarding similar and 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.

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.

http://www.sam.gov/

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 CRITERIA:

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.

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.

Each quotation will be evaluated against the factors described below. 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.

1. Technical Approach, 2. Qualifications/Experience, 3. Past Performance, and 4. Price.

All non-price factors, when combined, are equal in importance to price.

1. Technical Approach: Evaluation of Technical Approach shall be based on the information provided in the quotation. Documentation submitted in the quotation shall be evaluated to determine the soundness and likelihood of effectively and successfully meeting the requirements.

2. Qualifications/Experience: NIST will evaluate the extent of the offeror’s experience providing similar and/or same and relevant services. The contractor’s qualification and experience shall be evaluated to determine that the general background, experience, and qualifications of the contractor demonstrates they have the ability and knowledge to successfully perform the requirements identified above.

3. 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 the quality, timeliness, and ability to control cost and schedule of the past work. 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.

4. Price: Price shall be evaluated for fairness and reasonableness, consistent with the Contractor's technical submissions.

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

52.203-18 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).

52.204-7 – System for Award Management 52.204-16 – Commercial & Government Entity Code Reporting 52.204-17 – Ownership or Control of Offeror 52.204-18 – Commercial & Government Entity Code Maintenance 52.212-1 – Instructions to Offerors-Commercial Items 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” http://acquisition.gov/comp/far/index.html http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P466_70159 http://www.sam.gov/portal

“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:

LINE ITEM NO. COUNTRY OF ORIGIN

[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:

LINE ITEM NO. COUNTRY OF ORIGIN

https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2025_11.html#wp1078037

[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)

52.209-11 - Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

(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)

52.212-5 – 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) https://www.acquisition.gov/sites/default/files/current/far/html/FARTOCP25.html#wp225048

(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 1352.208-70 – Restrictions on Printing and Duplicating (Apr 2010) 1352.209-72 – Restrictions Against Disclosure 1352.209-73 – Compliance with the Laws (APR 2010) 1352.209-74 – Organizational Conflict of Interest 1352.237-71 – Security Processing Requirements – Low Risk Contracts (APR 2010) 1352.239-72 – Security Requirements for Information Technology Resources 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 1352.271-83 – Government Review, Comment, Acceptance and Approval (APR 2010) 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.

http://www.ecfr.gov/ mailto:INVOICE@NIST.GOV

(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) NIST LOCAL-07 Computer Security Policy- All contractor personnel shall read and be familiar with the Computer Security Policy at NIST which can be downloaded from the NIST internal web site at http//www-i.nist.gov/cio/itsd/pp_nist/policy/policy_accnuse.html. This policy is hereby incorporated by reference as if fully set forth. The Contractor and its employee(s) and agents shall abide by the terms and conditions of the policy throughout the period of performance (including any exercised option periods) of this contract.

(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.

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