SOLICITATION NOTICE
66 -- Fourier Transform Infrared Spectrometer (FTIR)
- Notice Date
- 8/26/2015
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 334516
— Analytical Laboratory Instrument Manufacturing
- Contracting Office
- Department of Commerce, National Institute of Standards and Technology (NIST), Acquisition Management Division, 100 Bureau Drive, Building 301, Room B130, Gaithersburg, Maryland, 20899-1410, United States
- ZIP Code
- 20899-1410
- Solicitation Number
- SB1341-15-RQ-1024
- Archive Date
- 9/18/2015
- Point of Contact
- Cory L. Worley, Phone: 3019753635
- E-Mail Address
-
cory.worley@nist.gov
(cory.worley@nist.gov)
- Small Business Set-Aside
- N/A
- Description
- THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERICAL ITEMS PREPARED IN ACCORDANCE WITH THE FORMAT IN FAR SUBPART 12.6, STREAMLINED PROCEDURES FOR EVALUATION AND SOLICITATION FOR COMMERCIAL ITEMS, AS SUPPLEMENTED WITH ADDITIONAL INFORMATION INCLUDED IN THIS NOTICE. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTATIONS ARE BEING REQUESTED, AND A SEPARATE WRITTEN SOLICITTION DOCUMENT WILL NOT BE ISSUED. THE SOLICITATION IS BEING ISSUED USING SIMPLIFIED ACQUISITION PROCEDURES. The Request for Quotations (RFQ) number is SB1341-15-RQ-1024. This synopsis/solicitation constitutes a RFQ and incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2005-83. The associated North American Industrial Classification System (NAICS) code for this procurement is 334516 - Analytical Laboratory Instrument Manufacturing, which has a size standard of 500 Employees. Offerors must submit all questions concerning this solicitation in writing, via email, to both the Contract Specialist, Cory Worley at Cory.worley@nist.gov and the Contracting Officer Patrick Staines at Patrick.staines@nist.gov. Questions should be received no later than four (4) calendar days after the issuance date of this solicitation. All responses to the questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, the question responses included in the amendment to the solicitation will govern performance of the contract. This acquisition is being competed under full and open competition. The U.S. Department of Commerce (DOC), National Institute of Standards and Technology (NIST) Physical Measurement Laboratory (PML) has a requirement for a Fourier Transform Infrared Spectrometer (FTIR) in accordance with the specifications provided below. All offerors shall provide a quotation for the following line items: Contract Line Item Number (CLIN) QTY. UNIT UNIT PRICE APPLICABLE DISCOUNTS TOTAL CLIN 0001 - Fourier Transform Infrared Spectrometer (FTIR) in accordance with attached specifications 1 EA CLIN 0002 - Installation at NIST Gaithersburg, MD Campus Building 220, Room A340 1 LT The detailed SOW entitled "Fourier Transform Infrared Spectrometer (FTIR)" is hereby incorporated by reference and provided as "Attachment A" to this combined synopsis/solicitation. DESCRIPTION OF REQUIREMENTS The Offeror shall furnish the necessary personnel, material, equipment, and services to fabricate, install and test a Fourier Transform Infrared Spectrometer. • BACKGROUND INFORMATION The National Institute of Standards and Technology (NIST), Physical Measurement Laboratory (PML), Sensor Science Division (SSD) is responsible for advancing the measurement science, standards, and applications for sensing optical power, temperature, humidity, pressure, vacuum, flow, and related physical phenomena to support U.S. industry and trade. Its work includes providing traceability paths to fundamental scales, including Radiance Temperature and Spectral Radiance, to its customers. A new facility to support advanced manufacturing methodologies is being constructed and requires a Fourier transform spectrometer to perform high speed time resolved spectral measurements of material emitted light. • PURPOSE AND OBJECTIVES OF THE PROCUREMENT The overall objective of this acquisition is to acquire a Fourier Transform Infrared Spectrometer (FTIR), configured to operate over a spectral range of 1 to 20 micrometers, under clean air purge, in time resolved mode of operation. The FTIR shall operate at high scan speed to measure fast processes and generate trigger signals and accept external signals to coordinate and control measurements with other equipment. • REQUIREMENTS The systems shall meet or exceed the general specifications identified below. All items must be new. Used or remanufactured equipment and components will not be considered for award. A. Minimum Specifications for the FTIR 1. The FTIR instrument shall have measurement capability over a wavelength range of at least 350 cm-1 through 8000 cm-1. 2. The instrument shall be operable under purged conditions. Consequently, it shall have appropriate inlets for purge gas. 3. The system shall have the capability for upgrade to step scan mode operation for use with slow detectors and secondary modulation measurement techniques. 4. The instrument shall come with appropriate sources (and power supplies), beam splitters, and filters for use over the wavelength range of at least 350 cm-1 through 8000 cm-1. 5. The instrument shall be capable of at least 0.2 cm-1 resolution over the entire wavelength range (unapodized). The system shall be able to acquire symmetrical double-sided interferograms at 0.6 cm-1 resolution (apodized). 6. The optical scanner speed shall be adjustable, so that the resulting modulation frequency for 7900 cm-1 light shall cover a range up to at least 300 kHz. 7. There shall be appropriate switching mirrors and motion hardware for automatic selection between the internal source and an external emission port. This shall be computer controllable and not require opening of the system enclosure. 8. The moving mirror bearing shall be an air bearing or frictionless flexure type. 9. The system shall allow for beam splitter exchange with no realignment or shall provide an auto alignment scheme. 10. There shall be a source aperture wheel under computer control. 11. The wavelength uncertainty shall be less than or equal to 0.01 cm-1 at 2000 cm-1. 12. The instrument shall be operable to near ultraviolet operation to at least 50,000 cm-1, with an upgrade addition of proper beam splitter, source and detector. 13. The sample compartment shall be equipped with a base plate with an adjustable sample holder, which is removable without need to use tools, and a spare base plate for future applications. 14. The spectrometer shall be controlled from a PC computer. All required computer components, interface board(s) and cables to the spectrometer shall be provided by the vendor. The monitor provided shall be at least 24 inches in nominal size. 15. Appropriate instrument control and spectral manipulation software shall be provided. This software shall operate under Windows 7 operating system. 16. The data taking software shall be a menu driven windows environment with provisions for extensive arithmetic manipulation of raw interferograms and of transformed spectra. The system shall specifically allow the user to manipulate or save (into an accessible file) the raw interferogram before an FFT is performed. The software shall enable the user to manipulate the display format so as to conveniently call up stored scans, change scales and overlay multiple traces. The software shall provide easy means of changing and storing acquisition parameters. 17. The software shall be able to handle time-resolved spectral ("3D") data. 18. There shall be a capability for external control of the data taking process to allow complex LabView programming for multi-instrument coordination. 19. The A/D shall have at least 24 bits. 20. The spectrometer shall have the capability of measurement of a minimum of 80 spectra/sec at a resolution of 8 cm-1. 21. The spectrometer shall be able to serve as a master, generate a trigger signal for time-resolved experiments, which is synchronized to within 1 ms of the start of data acquisition. 22. Each time-resolved spectrum measured shall provide time stamps for the first and last interferogram data points in each time-resolved spectrum. 23. Software shall include capability of recording user a signal(s) simultaneously with each time-resolved spectrum. 24. There shall be at least 2 input and 2 output triggers provided by the instrument to synchronize the start and the end of time resolved experiments. 25. The instrument software shall allow selection of spectral resolution of any (continuous) value between 0.2 cm-1 and 32 cm -1. 26. The signal to noise for a 5 second 100% line measurement shall exceed 10,000:1 peak-to peak (or < 4.34*10-5 AU noise) using the following conditions: 4 cm-1 spectral resolution Blackman Harris 3-Term apodization DTGS detector, KBr beamsplitter (8,000 - 350 cm-1) and air cooled source Noise calculated as peak-to-peak from 2,200 to 2,100 cm-1 B. WARRANTEES The offeror shall include a one-year warranty including repair parts, labors and travel following the final acceptance of the equipment. C. EQUIPMENT DOCUMENTATION Equipment must be supplied with full documentation including equipment user guides and operations manuals (hard and soft copies), installation routing diagrams, connection schematics, and service/maintenance manuals. DELIVERY, INSTALLATION AND ACCEPTANCE FOB Destination delivery terms are required. Delivery and installation shall be completed within three (3) months of an award. The Contractor shall deliver all equipment to NIST, Building 301, Shipping and Receiving, Gaithersburg, MD 20899-1640. The Contractor shall notify the NIST Technical Point of Contact (TPOC) at least one week prior to shipping so that delivery and installation can be scheduled. The FTIR system shall be installed by the Contractor and meet contract specifications no later than eight weeks after delivery is completed. Installation, at a minimum, shall include uncrating/unpacking of all the equipment, rigging, set-up and hook-up of the system, demonstration of all specifications, and removal of trash. Onsite installation and demonstration shall be done at NIST, Gaithersburg, MD - Building 220, Room A340. Inspection will occur at NIST during installation and training. NIST will inspect the system to confirm compliance with the specifications. The Contractor's installation personnel shall also perform all diagnostic tests after installation in the presence of NIST personnel. Diagnostic test data must clearly document that the equipment meets or exceeds all of the Government's required specifications. This test data will be reviewed by the NIST TPOC. Upon review, the TPOC shall provide final acceptance of the equipment, or advise the Contractor of performance weaknesses. Any required rework and re-testing shall be completed at no additional cost to the Government within a timeline agreed upon by the TPOC, the Contracting Officer, and the Contractor. PROVISIONS AND CLAUSES: The following provisions and clauses apply to this acquisition and are hereby incorporated by reference. All Federal Acquisition Regulation (FAR) clauses may be viewed at: https://www.acquisition.gov/?q=browsefar. All Commerce Acquisition Regulation (CAR) clauses and provisions can be accessed at: http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl. PROVISIONS • FAR 52.212-1, INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (Reference FAR 12.301(b)(1)) • ADDENDUM to FAR 52.212-1, QUOTATION PREPARATION INSTRUCTIONS 1) To be considered for award, the Offeror shall submit the following with its quote: A. PRICE QUOTATION: The offeror shall submit an original and one copy of the completed price schedule. Only one copy is required if submitted electronically. The pricing quotation shall be separate from any other portion of the quotation. The offeror shall propose a firm-fixed-price, FOB Destination, for each CLIN. Contractor shall state express warranty coverage. Price quotations shall remain valid for a period of 90 days from the date quotations are due. B. TECHNICAL QUOTATION: The offeror shall submit an original and one copy of the technical quotation. Only one copy is required if submitted electronically. The technical quotation shall address the following: If applicable, evidence that the Offeror is authorized by the original equipment manufacturer to provide the item(s) in the quotation should be included. For the purpose of technical evaluation offerors shall submit: a. A technical description and/or product literature which clearly details the manufacturer, make and model of the proposed product(s), addresses all required specifications, and clearly documents that the offered product(s) meet(s) or exceeds the specifications stated herein; b. If standard product literature and/or technical descriptions do not address all required specifications, offerors must provide narratives and or explanation of the work that will be will be performed to meet the requirement(s). All proposed SPECIFICATIONS must be addressed in sufficient detail that all technical requirements are discussed and that the intended outcome of the PERFORMANCE REQUIREMENTS can be clearly discerned. C. PAST PERFORMANCE: The offeror shall provide past performance information regarding relevant contracts over the past five (5) years with Federal, state, or local governments, or commercial customers. A list of references, preferably at least 3, if available, to whom the same or similar equipment has been provided. The list of references shall include, at a minimum: The name of the reference contact person and the company or organization; the telephone number of the reference contact person; 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 is not the manufacturer of the equipment, past performance references for the system manufacturer 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. D. EXPERIENCE: The Contractor shall describe its experience in successfully providing comparable systems for the types of applications described herein. NIST will evaluate the extent of the offeror's experience providing the same or similar equipment and will consider the relevance of the offeror's experience to the current requirement. Evaluation of experience will be based on information contained in the technical proposal. E. OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS: The Offeror shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications - Commercial Items, with its offer. 2) The Offeror shall submit its quote no later than 12:00 p.m. Eastern September 3, 2015. If the Offeror decides to submit its quotation electronically, one (1) copy of its quotation shall be submitted in.pdf format via email to: Cory.worley@nist.gov Cory Worley Contract Specialist U.S. Department of Commerce, NIST/AMD ACCEPTANCE OF TERMS AND CONDITIONS (ADDENDUM TO FAR 52.212-1 (B) (11)): 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. THE QUOTATION SHOULD INCLUDE ONE OF THE FOLLOWING STATEMENTS: "The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition." OR "The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following: Offeror shall list exception(s) and rationale for the exception(s) 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 quoted price. However, the terms and conditions stated herein will be included in any resultant Purchase Order, not the terms and conditions of the offerors FSS or GWAC contract, and the statement required above shall be included in the quotation. • 52.225-4 -- BUY AMERICAN -- FREE TRADE AGREEMENTS - ISRAELI TRADE ACT CERTIFICATE. (ALT II) (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 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 Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American-- Free Trade Agreements--Israeli Trade Act": Canadian 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 Agreement--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. • FAR 52.225-18 PLACE OF MANUFACTURE (Mar 2015) (a) Definitions. As used in this clause- "Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except- (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. (b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) [ ] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) [ ] Outside the United States. • CAR 1352.213-70 EVALUATION UTILIZING SIMPLIEFIED ACQUISITION PROCEDURES (APR 2010) (a) The Government will issue an order resulting from this request for quotation to the responsible offeror whose quotation results in the best value to the Government, considering both price and non-price factors. The Government will evaluate quotations based on the following evaluation criteria: 1) Technical Capability; 2) Experience; 3) Past Performance; 4) Price. Technical Capability, Experience and Past Performance, when combined, will be considered more important than price. i. Technical Capability: All items must be new. Prototypes, used or refurbished instruments will not be considered for award. Evaluation of technical capability shall be based on the information provided in the quotation. NIST will evaluate whether the offeror has demonstrated that its proposed equipment meets or exceeds all minimum requirements. Quotations that do not demonstrate the proposed equipment meets all requirements will not be considered further for award. If an offeror does not indicate whether its proposed equipment meets a certain minimum requirement, NIST will determine that it does not. Offerors that propose equipment that exceeds the stated minimum specifications will be rated higher under this factor. Preference will be given to offerors who exceed the minimum requirements set forth above, with particular weight given to Specifications 20 through 24 which specify the ability of the FTIR system to acquire spectral data a high speed with precise timing control. ii. Experience: The Government will evaluate the extent of the Offeror's experience providing similar equipment. The Government will give preference to Offerors who demonstrate they have experience delivering the same type equipment they are proposing for the current requirement. Offerors shall submit a list of at least two (2) 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. iii. Past Performance: The Government will evaluate the Offerors 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 offerors 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 offerors past performance. The Government will assign a neutral rating if the offeror has no relevant past performance information. iv. Price: The Government will review proposed prices and price discounts for price fairness and reasonableness. EXPERIENCE AND PRICE SHALL NOT BE EVALUATED ON QUOTES THAT ARE DETERMINED TECHNICALLY UNACCEPTABLE UNDER THE TECHNICAL CAPABILITY EVALUATION FACTOR. (End of provision) • CAR 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 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 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 protest, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority. (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 • CAR 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) • REPRESENTATION BY CORPORATIONS REGARING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (CLASS DEVIATION) (MARCH 2015) (1) In accordance with Sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by the Consolidated and Further Continuing Appropriations Act, 2015 funding 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, where an awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government, or (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, where the awarding agency is aware of the unpaid 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) The Offeror represents that, as of the date of this offer - (a) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (b) 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. CLAUSES • FAR 52.212-4, CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (MAY 2015) (Reference FAR 12.301(b)(3)) • FAR 52.212-5, CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUES OR EXECUTIVE ORDERS - COMMERICAL ITEMS (MAY 2015) • The following additional FAR clauses cited in FAR 52.212-5 are applicable to this acquisition - O FAR 52.203-6, RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEPT 2006), WITH ALTERNATE I (OCT 1995) (41 U.S.C. 4704 AND 10 U.S.C. 2402) O FAR 52.203-13, CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (APR 2010) (41 U.S.C. 3509) O FAR 52.204-10, REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (JUL 2013) (PUB. L. 109-282) (31 U.S.C. 6101 NOTE) O FAR 52.209-6, PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (AUG 2013) (31 U.S.C. 6101 NOTE) O FAR 52.209-9, UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) (41 U.S.C. 2313) O FAR 52.219-8, UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2014) (15 U.S.C. 637(D)(2) AND (3)) O FAR 52.219-28, POST AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013) (15 U.S.C. 632(A)(2)) O FAR 52.222-3, CONVICT LABOR (JUNE 2003) (E.O. 11755). O FAR 52.222-19, CHILD LABOR-COOPERATION WITH AUTHORITIES AND REMEDIES (JAN 2014) (E.O. 13126) O FAR 52.222-21, PROHIBITION OF SEGREGATED FACILITIES (APR 2015) O FAR 52.222-26, EQUAL OPPORTUNITY (APR 2015) (E.O. 11246) O FAR 52.222-35, EQUAL OPPORTUNITY FOR VETERANS (JUL 2014) (38 U.S.C. 4212) O FAR 52.222-36, EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014) (29 U.S.C. 793) O FAR 52.222-37, EMPLOYMENT REPORTS ON VETERANS (JUL 2014) (38 U.S.C. 4212) O FAR 52.222-40, NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010) (E.O. 13496) O FAR 52.222-50, COMBATING TRAFFICKING IN PERSONS (MAR 2015) (22 U.S.C. CHAPTER 78 AND E.O. 13627) O FAR 52.223-18, ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011) (E.O. 13513) O FAR 52.225-13, RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008) (E.O.'S, PROCLAMATIONS, AND STATUTES ADMINISTERED BY THE OFFICE OF FOREIGN ASSETS CONTROL OF THE DEPARTMENT OF THE TREASURY) o FAR 52.232-33, PAYMENT BY ELECTRONIC FUNDS TRANSFER- SYSTEM FOR AWARD MANAGEMENT (Jul 2013) (31 U.S.C. 3332) • FAR 52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (May 2015) (Reference FAR 12.301(b)(3) • FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013) (Reference FAR 4.1105(a)(1)) • FAR 52.207-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013) (Reference FAR 4.1105(b)) • FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) (Reference FAR 32.706-3) • FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) (Reference FAR 32.009-2) • FAR 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) (Reference FAR 33.215(b)) • FAR 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984) (Reference FAR 37.110(b)) • FAR 52.247-35 F.O.B. DESTINATION, WITHIN CONSIGNEE'S PREMISES (APR 1984) (Reference FAR 47.303-7(c)) • CAR 1352.246-70 PLACE OF ACCEPTANCE (APR 2010) (a) The Contracting Officer or the duly authorized representative will perform inspection and acceptance of supplies and services to be provided under this contract. (b) The place of acceptance will be: Inspection and acceptance will be performed at: U.S. Department of Commerce DOC/NIST 100 Bureau Drive Gaithersburg, MD 20899 Building: (End of clause) • CAR 1352.201-70 CONTRACTING OFFICER'S AUTHORITY (APR 2010) (Reference 48 CFR 1301.602-170) • CAR 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010) (Reference 48 CFR 1309.507-2(c)) • CAR 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010) (Reference 48 CFR 1309.507-2(d)) • CAR 1352.231-71 DUPLICATION OF EFFORT (APR 2010) (Reference 48 CFR 1331.205-70) CAR CLAUSES FULL TEXT CAN BE ACCESSED AT: http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl • PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS-REPRESENTATION (FEB 2015) (a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, 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. (b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, 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. (End of provision) • NIST LOCAL_04 BILLING INSTRUCTIONS (1) The Contractor shall submit an original invoice or voucher in accordance with the payments provisions of this contract to: NIST Accounts Payable Office 100 Bureau Drive, Mail Stop 1621 Gaithersburg, MD 20899-1621 FAX Number: 301-975-8283 Email: invoice@nist.gov (2) 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. (End Clause)
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