Solicitation 1333ND22QNB680105 - PM for X-Ray Diffraction.pdf

PM for Rigaku X-Ray Diffraction System – RFQ 1333ND22QNB680105

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 SIMPLIFIED ACQUISITION PROCEDURES FOR CERTAIN

COMMERCIAL ITEMS UNDER THE AUTHORITY OF FAR 13.

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) 2022-04 dated January 30, 2022.

1352.215-72 INQUIRIES (APR 2010)

Offerors must submit all questions concerning this solicitation in writing to both the Contract Specialist Forest Crumpler at forest.crumpler@nist.gov and the Contracting Officer Patrick Staines at Patrick.staines@nist.gov. 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 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 811219– Other Electronic and Precision Equipment Repair and Maintenance with a small business size standard of $22,000,000.00

This acquisition is unrestricted and is being solicited on a Full and Open basis.

BACKGROUND

The National Institute of Standards and Technology (NIST) Acquisition Management Division intends to procure a one year service contract for a Rigaku SmartLab X-ray Diffraction System with a 9 kW rotating anode and a pre-contract inspection to be performed prior to, or concurrent with, the base year PM service visit. This system is located in the NIST CNST NanoFab in Gaithersburg, MD.

All offerors shall provide a firm fixed price quotation for the following line items:

LINE ITEM 0001: Maintenance service contract for support of a Rigaku Smartlab with a 9kW rotating anode, meeting the following requirements:

1. GENERAL REQUIREMENTS:

1. A pre-contract on-site inspection before the start of the new contract due to lapse of coverage.

mailto:forest.crumpler@nist.gov mailto:Patrick.staines@nist.gov

a. The one-year service contract shall provide preventive maintenance, emergency service and technical telephone support for a Rigaku SmartLab with a 9 kW rotating anode.

b. The contract shall cover parts and labor. The contractor shall have factory-certified service personnel, provide parts from the original equipment manufacturer, and service engineers shall be equipped with all the tools required to perform all services.

2. EQUIPMENT COVERED:

1. The following tools and accessories shall be covered by this service contract.

i. Rigku SmartLab System serial number JD2932N

ii. 9 kW rotating anode

iii. In Plane Attachment serial number JD0106 8

iv. Thin Film Attachment

v. Haskris Chiller serial number HB25829

vi. RxRy Attachment- serial number JD0429 9

vii. CBO Polycapillary Optics -serial number JD0745 1

viii. Ge monochromator - Ge 220x2 serial number JD0774 1

ix. Ge monochromator - Ge 220x4 serial number JD0528 4

x. DteX Ultra Detector – serial number JD0591 12

xi. Diffracted Beam Monochromator – serial number JD0736 15

2. Covered equipment includes all integrated system components including the anode, vacuum systems, electrical systems, and software.

3. The service contract shall include all software updates and patches to maintain system.

3. PARTS:

1. The contractor is responsible for all parts during the one-year service agreement.

2. The contactor shall use OEM parts for the Rigaku Smartlab.

3. One anode rebuild per year shall be included in the contract, including installation.

4. SERVICE PERSONEL:

1. The contractor shall always have OEM trained engineers on staff available for service response. Engineers shall have factory training which includes maintenance, repair, and calibration operations.

2. Engineers shall have access to any special tooling required when performing service and repair to system.

3. The contractor shall be capable of providing in advance the full name and citizenship of each service personnel that will require NIST campus access. For any personnel that are not US citizens or permanent residents, this information must be provided at least three days in advance.

4. The contractor is responsible for labor, travel and expenses.

5. SCHEDULED SERVICE:

1. The contractor shall provide qualified service personnel to perform one preventative maintenance (PM) visit to NIST to ensure the equipment is operating at peak performance.

2. Preventive maintenance shall include at a minimum calibration and functional testing of the system.

3. Any parts found to be unsatisfactory shall be repaired or replaced.

6. UNSCHEDULED SERVICE:

1. The contractor shall supply 72 hour, or best effort, on site response for emergency service calls. Business Hours are Monday through Friday 8:00 A.M. to 5:00 P.M., excluding weekends and holidays.

2. Any parts found that do not meet technical specifications shall be repaired or replaced.

3. As part of any unscheduled service, the contractor may need to escalate the issue within the organization in order to resolve the problem. The contractor shall provide a detailed escalation plan which it will use in order to resolve any issues.

7. PHONE SUPPORT:

1. The contractor shall have in house, technical telephone support available to answer questions and diagnosis issues on an as needed basis.

2. Telephone support can schedule a service visit if neccessary based on over phone diagnosis.

8. SOFTWARE AND REMOTE SUPPORT

1. The contractor shall offer software updates as they become available during the active contract period.

2. The contractor shall offer remote support, both as a scheduled remote session and on an ‘as needed” basis to diagnose and fix software problems.

OPTION LINE ITEMS

Line item 0002 is an option line item. Quoters must provide a firm-fixed price for option line item. Prices for option line item shall remain valid in accordance with the following:

LINE ITEM 0002 – OPTION PERIOD I: Quantity one (1) year, Maintenance of Rigaku Smartlab described in CLIN 0001. The Contractor shall provide maintenance in accordance with all of the requirements identified above. This option is intended for one year from date of award.

All offerors shall provide a firm-fixed-price quotation for the following line item(s):

Contract Line Item Number

(CLIN)

QTY UNIT UNIT

PRICE

APPLICABLE

DISCOUNTS

TOTAL

CLIN 0001 – Base period Preventive Maintenance and Repair service

1 EACH

CLIN 0002 – Option period Preventive Maintenance and Repair service

1 EACH

FAR 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

INSTRUCTIONS:

System for Award Management (SAM) Registration

In accordance with FAR 52.204-7, offerors must be registered in the System for Award Management (www.sam.gov) at the time of quotation submission and shall continue to be registered until time of award, during performance, and through final payment of any resultant contract. Refusal to register shall forfeit award.

DUE DATE FOR QUOTATIONS

Offerors shall submit their electronic quotations, via email, so that NIST receives them not later than 12:00pm Eastern Time on April 13, 2022. E-mail quotations shall be submitted directly to the Contract Specialist at forest.crumpler@nist.gov Contracting Officer at Patrick.staines@nist.gov

Please reference the RFQ number in the subject line of email communications. 0fferors quotations shall not be deemed received by the Government until the quotation is entered in the e-mail inbox set forth above.

Addendum to FAR 52.212-1, Quotation Preparation Instructions:

Reponses to this solicitation must include the following:

- Technical Volume: Technical Capability and Service Response Time (Vol. I),

- Past Performance and Experience (Vol II),

- Price Quotation (Vol III),

- Terms and Conditions (Vol. IV).

Quotations shall be clearly and concisely written as well as being neat, indexed (cross-indexed as appropriate) and logically assembled. All pages of each part shall be appropriately numbered and identified with the name of the offeror, the date, and the solicitation number.

Incomplete quotations may be considered non-responsive and removed from further consideration. Quotations shall be clearly and concisely written as well as being neat, indexed (cross-indexed as appropriate) and logically assembled. All pages of each part shall be appropriately numbered and identified with the name of the offeror, the date, and the solicitation number.

Volume I - Technical Quotation:

Volume I shall address the following:

Technical Capability:

The offeror shall provide documentation that demonstrates that the proposed service shall be capable of meeting or exceeding the minimum requirements.

The offeror must submit a technical response that fully demonstrates the ability to meet the needs of this requirement. Submitted response should include, but not limited to, all relevant information on the contractor’s ability to:

- Provide the proprietary parts/components and software, to include the level of access to parts available as part of the offered service.

- Provide qualified and certified service personnel, to include information on the training and certification of technicians directly employed by the contractor.

- Provide priority access to scheduling for urgent service calls, to include process and best effort time frames for response.

Service Response Time:

The equipment utilized by NIST and included in this requirement are used on a consistent basis and support and response times are very important to the Nanofab User Facility in terms of having minimum down time for the X-ray system, which is available for use 24/7.

Responses shall include a narrative or other form of service description to illustrate how you plan to offer any regular or unexpected service visits/repairs and/or software updates. This response must include the process/steps involved from when NIST initiates contact to report an issue to the resolution of that issue and the expected best effort time for completion, including process to schedule service technician, process and procure any needed replacement parts for repairs and/or consumables. Time frames, either guaranteed or best effort, should also be included for all elements of the service, individually or as a whole, offered though the proposed service contract.

Please include this information with the narrative description of the process involved in requesting/completing services in the areas stated below:

- General PM service visit that is scheduled and covered under the service agreement.

- Needed repair found during scheduled PM service visit.

- General software updates.

- Urgent repair, to include unexpected repair covered under the service agreement.

- Providing Software updates and/or remote software sessions to resolve software problems identified by NIST.

- Providing telephone support for a technical issue.

- Providing a part necessary for repair.

The ability to quickly schedule maintenance visits and consistent/ready access to replacement parts and consumables is required to ensure the equipment is down for the least amount of time possible. Stronger technical consideration will be given to responses that can demonstrate the ability to quickly respond and complete service issues, both standard preventive maintenance visits and urgent/unexpected repairs.

Volume II – Past Performance and Experience:

Volume II shall address the following:

Past Performance:

The offeror shall provide past performance information regarding relevant contracts over the past three years with Federal, state, or local governments, or commercial customers.

A list of references, preferably at least 3, if available, to whom the same or similar services has been provided. The list of references shall include, at a minimum:

1. The name of the reference contact person and the company or organization;

2. The telephone number and email address of the reference contact person;

3. The contract or grant number, the amount of the contract and the address and the telephone number of the Contracting Officer if applicable; the date of delivery or the date services were completed and a description of the equipment sold to each reference.

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.

Experience:

The offeror shall provide information which demonstrates the offeror’s experience in providing maintenance and service support for the Rigaku SmartLab equipment. The offeror shall provide a list of at least three similar awards for similar service supplied in the past three (3) years.

Information shall include the model name/number, end user name, and end user contact information.

Volume III – Price:

Volume III shall address the following:

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.

Volume IV - Terms and Conditions:

Offerors shall provide a completed copy of all provisions listed below:

FAR 52.225-25 Prohibition On Contracting With Entities Engaging In Certain Activities Or Transactions Relating To Iran-Representation And Certifications.

Acceptance of Terms and Conditions (Addendum to FAR 52.212-1(b) (11)):

If the offeror objects to any of the terms and conditions contained in this solicitation, the contractor 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:" [Contractor shall list exception(s) and rationale for the exception(s)]. It is the sole responsibility of the contractor to identify in their quotation any exceptions to the terms and conditions of the solicitation. If the contractor does not include such a statement, the submission of a quotation in response to this solicitation will be regarded as the offeror's acceptance of the Government's terms and conditions for inclusion into the resultant purchase order (PO).

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

(End of provision)

The offeror shall submit one (1) copy of their entire quotation, electronically, via E-mail to forest.crumpler@nist.gov and Patrick.staines@nist.gov. 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.

FAR 52.212-2, EVALUATION - COMMERCIAL ITEMS (Oct 2014)

Evaluation Factors:

Award shall be made to the offeror whose quotation offers the best value to the Government price and other factors considered. The Government will evaluate quotations based on the following evaluation criteria: 1) Technical Capability 2) Service Response Time, 3) Past Performance, 4) Experience and 5) Price. All non-price factors, when combined, are significantly more important than price.

An Offeror's failure to address any factors identified under each item listed in the “Quote Preparation Instructions” 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.

Factor 1- Technical Capability

Technical Capability will be evaluated to determine if the service offered meets all stated needs.

This includes appropriate coverage of all stated equipment and accessories on a service contract agreement, access to all required repair/replacement parts that may be needed over the course of the service contract, access to phone/remote support and access to qualified/certified service personnel to conduct all scheduled and/or unscheduled diagnostic, maintenance and/or repair services, including software updates.

Factor 2- Service Response Time:

Service Response Time will be evaluated on the demonstrated ability to reduce time from customer notification to inspection/maintenance/repair of equipment. The materials submitted shall illustrate the general or specific processes involved in requesting and receiving PM/repair services. Stronger preference will be given to those processes that demonstrate efficiency and speed of response, including any preference for parts and scheduling of inspection/maintenance/repair/diagnostic services included in the offered agreement.

Factor 3- Past Performance:

Past Performance will be evaluated to determine the overall quality of the services and on-site response time provided by the Contractor. Evaluation of Past Performance shall be based on the references provided by the contractor. Relevant Past Performance, consisting of refences for preventive maintenance/repair agreements on same/similar equipment, will be preferred over less relevant Past Performance (References that are not for a service agreement or for equipment other than the equipment listed in this requirement).

Factor 4- Experience:

Experience will be evaluated to determine the degree of contractors’ ability to successfully provide preventive maintenance and service contracts on comparable level, preferably on Rigaku X-ray systems with the 9 kW rotating anode. Relevant experience offering the same/similar service agreements for maintenance and repairs will be given preference over less relevant experience (Experience that is not for a service agreement or for equipment other than the equipment listed in this requirement).

Factor 5 - Price:

The proposed price will be evaluated. The evaluation will determine whether the proposed prices are reasonable in relation to the solicitation requirements. Prices must be entirely compatible with the technical portion of the quotation. Previous (redacted, if necessary) invoices or contracts for similar service would be appreciated to show prices offered are in line with similar services offered to other customers.

(End of provision)

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 https://www.acquisition.gov/browse/index/far All CAR clauses may be viewed at https://www.acquisition.gov/car

PROVISIONS

FAR 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation (JAN 2017) FAR 52.204-7, System for Award Management (OCT 2018) FAR 52.204-16, Commercial and Government Entity Code Reporting (AUG 2020) FAR 52.204-18 Commercial and Government Entity Code Reporting (AUG 2020) FAR 52.204-20 Predecessor Of Offeror (AUG 2020) FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) FAR 52.212-1 Instructions to Offerors -- Commercial Items (NOV 2021) FAR 52.212-3 Offeror Representations and Certifications -- Commercial Items (NOV 2021) FAR 52.225-25, Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran (JUNE 2020)

Additionally, the following clauses are required to be completed and returned with the solicitation response:

FAR 52.204-17 Ownership or Control of Offeror (AUG 2020)

(a) Definitions. As used in this provision-- Commercial and Government Entity (CAGE) code means--

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

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

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror.

No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/car

Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

(b) The Offeror represents that it [--] has or [--] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates has in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name:

(Do not use a doing business as name) Is the immediate owner owned or controlled by another entity?:

[--] Yes or [--] No.

(d) If the Offeror indicates yes in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a doing business as name)

FAR 52.209-2 Prohibition on Contracting With Inverted Domestic Corporations- Representation (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ] is, [ ] is not an inverted domestic corporation; and

(2) It [ ] is, [ ] is not a subsidiary of an inverted domestic corporation.

52.229-11 Tax on Certain Foreign Procurements – Notices and Representation (JUN 2020)

(a) Definitions. As used in this provision—

Foreign person means any person other than a United States person.

Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area.

United States person as defined in 26 U.S.C. 7701(a)(30) means

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C.

701(a)(31)); and

(5) Any trust if–

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.

(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C- 1(d)(5) through (7). The Offeror would claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/w14. Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section7701&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section701&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section701&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim https://www.irs.gov/w14 tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue.

The IRS Form W-14 is provided to the acquiring agency rather than to the IRS.

(d) For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that

(1) It [_] is [_] is not a foreign person; and

(2) If the Offeror indicates “is” in paragraph (d)(1) of this provision, then the Offeror represents that—I am claiming on the IRS Form W-14 [__] a full exemption, or [__] partial or no exemption [Offeror shall select one] from the excise tax.

(e) If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision, then—

(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract; and

(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent of each payment.

(f) If the Offeror selects “is” in paragraph (d)(1) and “partial or no exemption” in paragraph (d)(2) of this provision, the Offeror will be subject to withholding in accordance with the clause at FAR 52.229-12, Tax on Certain Foreign Procurements, in any resulting contract.

(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

FAR 52.225-25, Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran (JUN 2020)

FULL TEXT CAR PROVISIONS:

CAR 1352.233-70 Agency Protests

(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:

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim https://www.acquisition.gov/far/52.229-12#FAR_52_229_12 https://www.acquisition.gov/far/52.229-12#FAR_52_229_12 https://www.irs.gov/help/tax-law-questions

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:

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

(End of clause)

CAR 1352.233-71 GAO and Court Of Federal Claims Protests

(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)

CLAUSES

FAR 52.204-13, System for Award Management Maintenance (OCT 2018) FAR 52.204-18, Commercial and Government Entity Code Maintenance (AUG 2020) FAR 52.204-19, Incorporation by Reference of Representations and Certifications; (DEC 2014) FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) FAR 52.212-4, Contract Terms and Conditions—Commercial Items (NOV 2021) FAR 52.212-5 - Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (JAN 2022)

(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:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115- 91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805note)).

(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:

52.219-28, Post Award Small Business Program representation (Jul 2013) (15 U.S.C.

632(a)(2)).

52.222-3, Convict Labor (June 2003) (E.O. 11755).

52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O.

13126).

52.222-21, Prohibition of Segregated Facilities (Apr 2015).

52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.

13627).

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 (Jun 2008) (E.O.’s, proclamations, and statutes 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) (31 U.S.C. 3332).

FAR 52.217-8, Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 5 days of contract expiration.

FAR 52.217-9, Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days of contract expiration, if written (email) confirmation has been received from contractor that parts will be available for covered equipment during the option period;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

(End of clause)

FAR 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013)

FAR 52.232-40, Providing Accelerated Payment to Small Business Subcontractors (DEC 2013) FAR 52.247-35 F.O.B. Destination, Within Consignee’s Premises (APR 1984) 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:

CAR PROVISIONS & CLAUSES FULL TEXT CAN BE ACCESSED AT:

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

CAR 1352.201-70, Contracting Officer's Authority (APR 2010) CAR 1352.209-72 Restrictions Against Disclosure (ARP 2010) CAR 1352.209-73, Compliance with the Laws (APR 2010) CAR 1352.209-74 Organizational Conflict of Interest (APR 2010) http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl

CAR 1352.246-70 Place of Acceptance (APR 2010)

(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. 20899-0001.

NIST LOCAL CLAUSES

NIST LOCAL-53 Contract Performance During Changes in NIST Operating Status Unless otherwise stated in the contract terms and conditions, normal days of business operation are Monday through Friday, excluding Federal Holidays. However, throughout the contract period of performance, there may be circumstances beyond the control of the U.S. Department of Commerce, National Institute of Standards and Technology (NIST), that will impact normal days of business operation, such as inclement weather, power outages, etc. In circumstances such as these, the Contractor must call the appropriate NIST campus status line to verify the operating status:

Gaithersburg Campus Operating Status Line:

(301) 975-8000

(800) 437-4385 x8000 (toll free)

Boulder Campus Operating Status Line:

(303) 497-4000

During a lapse in appropriation, access to Government facilities and resources, including equipment and systems, will be limited to excepted personnel for both Federal employees and Contractor personnel. If performance of the contract is onsite and/or requires Government interaction, unless you have been, or are notified that you are to work under an excepted status, you will automatically enter a temporary work stoppage. The work stoppage shall remain in effect until the lapse is resolved and notification is provided via the NIST website at https://www.nist.gov/ and/or the NIST operating status lines. Additionally, Contractors are encouraged to monitor public broadcasts or the Office of Personnel Management’s website at www.opm.gov for the Federal Government operating status.

NIST will provide notification to all contractors that are determined to have excepted status. All excepted contractors are required to continue performance and communicate with the appointed Contracting Officer’s Representative (COR) for further guidance, or NIST Contracting Officer if a COR is not appointed.

Contractors with supply or service contracts that are fully funded at the time of contract award and do not require access to Government facilities, resources, or active administration by Government personnel in a manner that would cause the government to incur additional obligations during the lapse in appropriation may continue performance.

NIST LOCAL-54 ELECTRONIC BILLING INSTRUCTIONS

Instructions: use in all awards that require electronic submission of invoices.

NIST requires that Invoice/Voucher submissions are sent electronically via email to

INVOICE@NIST.GOV.

Each Invoice or Voucher submitted shall include the following:

(1) Contract number;

(2) Contractor name and address;

(3) Unique entity identifier (see www.sam.gov for the designated entity for establishing unique entity identifiers);

(4) Date of invoice;

(5) Invoice number;

(6) Amount of invoice and cumulative amount invoiced to-date;

(7) Contract Line Item Number (CLIN);

(8) Description, quantity, unit of measure, unit price, and extended price of supplies/services delivered;

(9) Prompt payment discount terms, if offered; and

(10) Any other information or documentation required by the contract.

(End of clause) mailto:INVOICE@NIST.GOV http://www.sam.gov/