FINAL_SOLICITATION_CSS.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 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 competed using full and open competition.

***The National Institute of Standards and Technology is seeking to purchase a CMM controller and probe interface for an existing Moore Special Tools (M48) Coordinate Measuring Machine (CMM).

BACKGROUND:

The Dimensional Metrology Group (DMG) of the Engineering Physics Division (EPD) provides reimbursable measurement services for internal and external customers. DMG currently has three Moore Special Tools (M48) Coordinate Measuring Machines (CMM).

Two of them are running providing critical customer measurement services at world-class uncertainties and the third acquired by donation from a DOE laboratory in the last year and a half is not running due to controller issues and repair is not possible due to unsupported and outdated controller and feedback systems. To be fully operational, this procurement aims to replace both the machine controller and multi-axis laser displacement system. The controller retrofit must accommodate the existing DC brush motors for the X, Y, and Z axis, control the existing analog touch probe (ideal), and synchronize the data acquisition from the laser scales with the probe triggering.

This third M48 has a unique design versus the other two M48 CMMs and has the potential to perform measurements with even better uncertainties. Even if it does not, in a worst-case scenario, where this machine performed on an equivalent level with the other two CMMs, bringing this machine online will provide opportunities for: (1) rotating maintenance, (2) expansion of the capacity to provide current services on these machines, which would lead to improved turnaround-time, and (3) the added capacity will provide the much-needed platform to support measurement research into new and improved capabilities.

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).

The system shall meet or exceed the requirements identified below. All items must be new. Used or remanufactured equipment will not be considered for award.

Experimental, or 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.

CLIN 0001: The contractor shall provide quantity of one (1) CMM controller that meets or exceeds the minimum requirements identified below:

a) Must interface with and operate with current machine axis DC brush motors with tachometer feedback (Inland Motors X&Y Model QT5404-B Peak Current 6.15A , Z Model QT3403A Peak Current of 5.71 A, Tachometers Model TG4012E).

b) Must be able to integrate mechanical machine limit switches

c) Must be able to integrate Z-axis air bearing pressure sensors

d) Must be able to latch/capture laser displacement axis data with analog probe

Contract Line Item Number (CLIN) Q T Y

UNIT UNIT

PRICE

APPLICABLE

DISCOUNTS

TOTAL

CLIN 0001 –CMM Controller, meeting or exceeding the requirements below.

1 EA

CLIN 0002, Probe Interface, meeting or exceeding the requirements below.

1 EA

CLIN 0003, 4-Axis Laser Displacement, meeting or exceeding the requirements below.

1 EA

CLIN 0004, Installation, as required Below

1 EA

CLIN 0005, Training, as required below

1 EA

actuation with negligible delay.

e) Must be I++DME functional and verified to work with Quindos 7

f) Must have error map functionality and must have open access to the error map and the error map corrections must be editable.

g) Error map file resolution requirements: translational components ≤ 1 nm angular components ≤ 0.01 µrad;h) Error map density requirements: ≤ 2 mm intervals (1200 mm X, 800 mm Y, and 500 mm Z)

h) Controller must interface with the CMM machine, the probe, and the Quindos 7 software.

CLIN 0002: The contractor shall provide EITHER an interface to NISTs CMM Movomatic Cary TriDim Analog Probe with the supplier’s controller OR quantity of one (1) alternative CMM probe meeting the minimal specifications list below:

a) If the contractor quotes an interface to the existing Movomatic Cary TriDim Analog Probe, the contractors quotation shall be given the highest technical rating. OR

b) If quoting an alternative CMM probe, the probe shall have a passive analog probe with a resolution of ≤ 20 nm AND

c) Must be within the National Standard RPt MPL specification for the probe (refer to Section 5.4.1 of ASME B89.4.10360.2-2008. (A higher technical rating shall be given to the lowest RPt MPL quoted)

CLIN 0003: The contractor shall provide quantity of a4-axis laser displacement system meeting the requirements stated below: (A higher technical rating will be given to the quote that provides a laser displacement system that allows compensation for correct index of refraction either by providing it with the corrected index of refraction directly or by internal calculation using the modified Edlén Equation given inputs for air temperature, atmospheric pressure, and relative humidity (vapor pressure) from our own instrumentation)

a) Retrofit must accommodate 4 axis: X, Y, Z, and etalon for wavelength tracking

b) Resolution ≤ 1 nm

c) Linearity <= +/- 1 nm

d) Vacuum Wavelength Stability ≤ ± 2 ppb/hr and ≤ ± 20 ppb/8 hr

e) Thermal Drift Coefficient ≤ 100 nm/°C

f) Interferometers must be vacuum system application compatible.

g) Must use fiber optic source delivery to remove heat source from instrument.

CLIN 0004, Installation, meeting or exceeding the following requirements:

The system shall be installed by the Contractor and meet contract specifications no later than 4 weeks 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 (if quoting an alternate probe, successfully demonstrate single point probing repeatability is ≤ the manufacturer’s RPt MPL specification for the probe (refer to Section 5.4.1 of ASME B89.4.10360.2-2008) and removal of trash. Onsite installation and demonstration shall be done at NIST, Gaithersburg, MD 20899, Building 219.

Contract Line Item 0005: Training, meeting or exceeding the following requirements:

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 4 weeks after installation.

Express Warranty

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

Site Preparation

NIST has a computer workstation dedicated for use on this instrument with the CMM software (Quindos 7) installed. As required and specified by supplier, NIST will design and fabricate the Z-axis ram-probe adapter to facilitate connecting the procured probe to the instrument, if the probe is not the NIST Movomatic Probe currently on the instrument.

NIST will also design and fabricate, as specified by the supplier, mounting fixtures for laser displacement system components. No preparation tasks are needed from the supplier, unless specified by the supplier.

Inspection and Acceptance

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

Inspection and acceptance shall occur within 60 business days after receipt and installation of probe (if applicable), controller, and laser displacement scales.

The following testing shall take place at NIST by the Technical Point of Contact:

(1) After installation of the controller and laser displacement scales, operation of the CMM shall be demonstrated (functional test only) using the Quindos 7 software to make simple automated unidirectional, bi-directional, and 3D measurements of simple prismatic objects.

(2) Successfully demonstrate (functional test only): probe qualification using a standard 25 mm CMM calibration sphere (25-point sphere test per ISO 10360-5, Section 6.2.2) followed by successful measurement of a NIST provided ring gage and step gage.

The Government shall have sole discretion to require repair or replacement of damaged and/or nonconforming supplies at no cost to the Government. The Government at any time prior to acceptance shall reject the supplied components due to defects and/or nonconformance.

The vendor is responsible for latent defects discovered any time after final inspection.

However, the extent of its liability shall be prorated over the useful life of supplied components.

The place of acceptance shall be:

100 Bureau Drive Building 219, Room 219 Gaithersburg, MD 20899

Ownership (title) of all procured equipment shall transfer to NIST upon acceptance.

General Information

NIST will be responsible for registering supplier employees involved in the setup and performance testing of the system.

Safety: The Contractor employee shall be responsible for knowing and complying with all installation safety prevention regulations. Such regulations include, but are not limited to, general safety, fire prevention, and waste disposal.

Vehicle Registration: All Contractor employees must register their vehicles with the NIST Security Office to gain access to the campus. A valid driver’s license, Government-furnished civilian ID, proof of insurance and current registration must be presented to the NIST Security Office, at which time a NIST vehicle pass will be issued. The pass shall be displayed on the vehicle in accordance with NIST Security Office instructions.

Delivery

Delivery shall be FOB DESTINATION and shall occur within the contractors standard commercial timeframe: ARO.

1. Deliverable 1: Engineering drawing must be provided to the TPOC at least 4 weeks prior to delivery of the system to allow for the site preparation to be completed.

2. Deliverable 2: Full system (Controller, Probe/interface, and 4 axis laser as a system, including Hardware manuals and schematics and software documentation with file structure explanations) must be provided within the contractor’s commercial standard delivery timeframe.

3. Deliverable 3: Contractor shall install and train not later than 8 weeks after delivery of system.

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 220 Room 219 Gaithersburg, MD 20899-1640

Warranty

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

Payment Schedule

The Contractor shall be paid, in accordance with Net 30-day payment terms, upon receipt and acceptance of a proper invoice, in accordance with the following schedule:

1. 100 percent after delivery, installation, inspection and acceptance by the TPOC of fully delivered system, and

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

NOTE: Partial shipments 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 18, 2017. FAX quotations shall not be accepted. E- mail quotations shall be accepted at lynda.horton@nist.gov. Offeror’s quotations shall not mailto:lynda.horton@nist.gov 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: 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 provided. If applicable, evidence that the Offeror is authorized by the original provider to provide the item(s) in the quotation should be included.

2). 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.

3). Experience:

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

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

5). Quoters shall include a completed copy of the 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 http://www.sam.gov/

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

Technical capability is significantly more important than price. All other non-price factors, when combined, are more important than 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.

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

NIST shall give a higher technical rating to the following specifications, in no specific order:

CLIN 0002, The Contractor shall be given a higher technical rating If the contractor quotes an interface to the existing Movomatic Cary TriDim Analog Probe. OR

CLIN 0002, If quoting an alternative CMM probe, (c) Must be within the National Standard RPt MPL specification for the probe. A higher technical rating shall be given to the lowest RPt MPL quoted)

CLIN 0003: The contractor shall provide quantity of a4-axis laser displacement system meeting the requirements stated below: (A higher technical rating will be given to the quote that provides a laser displacement system that allows compensation for correct index of refraction either by providing it with the corrected index of refraction directly or by internal calculation using the modified Edlén Equation given inputs for air temperature, atmospheric pressure, and relative humidity (vapor pressure) from our own instrumentation)

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 (5) 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 and relevant 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) 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.

http://acquisition.gov/comp/far/index.html http://www.sam.gov/portal

“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

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

[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

[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 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 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

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:

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

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

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)

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