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FBO DAILY - FEDBIZOPPS ISSUE OF SEPTEMBER 10, 2016 FBO #5405
SOLICITATION NOTICE

D -- Software Maintenance and Support - Attachment 1 - Description/Price Schedule

Notice Date

9/8/2016
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

511210 — Software Publishers
 

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

SB1342-16-RQ-1014
 

Archive Date

10/1/2016
 

Point of Contact

Cheryl S. Rice, Phone: 7036056116, Tiffany Johnson, Phone: 202-482-7831
 

E-Mail Address

crice@ntis.gov, tiffany.johnson@nist.gov
(crice@ntis.gov, tiffany.johnson@nist.gov)
 

Small Business Set-Aside

Total Small Business
 

Description

Supplies/Services Description/Price Schedule This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-89, dated July 14, 2016. The U.S. Department of Commerce, National Institute of Standards and Technology (NIST) hereby issues this Request for Quotation (RFQ) SB1342-16-RQ-1014 on behalf of the National Technical Information Service (NTIS), to procure commercial supplies and services identified as Contract Line Item Numbers (CLINs) 0001 through 0003. This solicitation will be accomplished under the authority of FAR Part 13.106-1(b)(1) to Robocom US, LLC, dba Robocom Systems International, Inc., 1111 Broadhollow Road, Suite 100, Farmingdale, NY 11735-4819. A notice of intent was posted on 8/24/2016 in which no responses were received. This is a total small-business set-aside and the associated NAICS code is 511210, Software Publishers, and the size standard is $38.5M. Period of Performance. The period of performance is one six-month base period, plus two (2) six-month option performance periods. Type of Contract: The Government contemplates award of a firm-fixed price purchase order. Description In support of the NTIS mission, NTIS requires support services of its Warehouse Management System (WMS) which utilizes Robocom proprietary software: 1) R-WMS net; 2) RF Modules, and 3) Mainfest Link Modules as follows: 1) Access to Help Desk support via telephone during "standard hours" of Monday- Friday from 8:30 AM to 5:00 PM EST; 2) Emergency Help Desk support outside of normal business hours; 3) Access to user manuals and guides; and 4) Software releases and updates, including bug fixes and new feature releases. See Attachment 1 for Supplies/Services Description. 52.252-1 Solicitation Provisions Incorporated by Reference. This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): Federal Acquisition Regulation (FAR): http://www.acquisition.gov 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations - Representation 52.212-1, Instructions to Offerors-Commercial Items (OCT 2015) ADDENDUM TO F A R 52. 2 1 2 - 1, QUOTATION PREPARATION INSTRUCTIONS DUE DATE FOR QUOTATIONS: Quoters shall submit quotations via email to Cheryl Rice at crice@ntis.gov on Friday, September 16, 2016 at 1:00 pm. Eastern Time. FAX and hard-copy quotations shall not be accepted. Quoters' quotations shall not be deemed received by the Government until the quotation is entered into the e-mail address inbox set forth above. •1) P r ice Q u o t a t io n : T h e Quoter sh a ll pro p ose a f i r m - fi x e d - p r ice f o r e a c h C LI N. F or the purp o se of p r i c e a n a l y si s, the c ontr ac t o r sh a ll pro v i de suf f ici e nt supporting do c umen t a t i on to cl ea r l y show how t h e f ir m - fi x e d pri c e p ropos e d for e ac h l i ne i t e m w a s de r ived. This suppo r t i ng do c ument a t i on m a y include ca lcu l a t i ons, pri c e l i st s, pro d u c t l i t e r a tur e, or a n y other a ppl i ca ble s uppo r t i ng do c umen t a t i on. P ri c e quotations s h a ll r e main v a l i d for a p e riod of 30 d a y s f r om t he d a te q uotations a re du e. •2) Technical Quotation : The technical quotation shall address the following: The Quoter shall submit a technical quotation that consists of the following sections: •A. Confirmation of Technical Understanding: In this section, the Quoter shall provide a statement confirming that it understands the requirements detailed in the Statement of Work/Product Description that the Quoter will adhere to the Schedule and other requirements detailed in the Statement of Work. •B. Completion of FAR Provision FAR 52.212-3 - Offeror Representations and Certifications - Commercial Items •C. Completion of FAR Provision 52.209-11 - Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (FEB 2016) (a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that- (1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or (2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that- (1) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (2) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. A cce p tan c e of T e r m s a n d Con d itio n s: This i s a solic i tation for the items a s de f ined h e r e in. The Gov e rn m e nt i ntends to a w a rd a P u r c h a s e O r d e r a s a r e sult of this sol i c i t a t i on that will include the c laus e s s e t f o rth h e r e in. The quo t a t i on should include one of t h e f ol l owing stat e ments: " The te r ms and c ondi t ions i n the soli c i t a t i on a re a c ce ptable to be in c lu d e d in t he a w a rd do c ument without mod i fi ca t i on, d e letion, or a ddi t i on." OR " The te r ms and c ondi t ions i n the soli c i t a t i on a re a c ce ptable to be in c lu d e d in t he a w a rd do c ument with t he e x ce p t i on, d e letion, o r a ddi t ion of the f ol l owin g : Quoter shall list e x ce pt i on(s) a nd r a t i on a le f or t h e e x ce pt i on(s) Quotations submitted shall use body text no smaller than font size 11. Figure or Spreadsheet text may be used as needed. Page margins shall not be smaller than one-inch on all sides. Technical is limited to 5 pages; and price is limited to five pages. BASIS OF EV A L U ATI O N : This requirement will be awarded to the responsible Quoter that presents a technically acceptable quote at the lowest price. The Contracting Officer intends to award without discussions, but reserves the right to enter into discussions if it is in the best interest of the Government. Evaluation will be inclusive of price for optional CLINs. A quot a t i on will on l y b e c onsid e r e d t e c hnic a l l y ac ce ptable if: a. The Quoter follows a ll ins t ru c t i ons g iven in th i s so l icitation b. The Quoter p ropos e d a f ir m - fi x e d pri c e f or eac h C LI N in the R e qui r e d C L I N S tru c ture c. Quoters shall complete annual representations and certifications on-line at http://orca.bpn.gov in accordance with FAR 52.212-3 Offerors Representations and Certifications- Commercial Items. If paragraph (j) of the provision is applicable, a written submission is required. 52.252-2 Clauses Incorporated by Reference. 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/these address(es): Federal Acquisition Regulation (FAR): http://www.acquisition.gov Commerce Acquisition Regulation (CAR): http://www.ecfr.gov/cgi-bin/text-idx?gp=&SID=8806658539a0c6aada2af69ccd46a839&mc=true&tpl=/ecfrbrowse/Title48/48C13subchapH.tpl The following FAR clauses apply to this acquisition: 52.204-13 System for Award Management Maintenance 52.212-4 Contract Terms and Conditions-Commercial Items 52.232-39 Unenforceability of Unauthorized Obligations ADDENDUM TO FAR 52.212-4, CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS 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 30 days before the contract expires. 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; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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 18 months. Commerce Acquisition Regulation (CAR) Clauses Incorporated By Reference (IBR) 1352.201-70 CO Authority 1352.207-72 Restrictions Against Disclosure 1352.209-73 Compliance with the Laws 1352.209-74 Organizational Conflict of Interest Clause 52.212-5, Contractor Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items applies to this acquisition and additional FAR clauses cited are applicable to the acquisition. The following FAR provision applies to this acquisition: 52.204-7 System for Award Management In accordance with FAR 52.212-3 Offeror Representations and Certifications - Commercial Items, quoters must complete annual representations and certifications on-line at https://www.sam.gov 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (JUN 2016): (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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (2) 52.233-3, Protest After Award ( Aug 1996) ( 31 U.S.C. 3553 ). (3) 52.233-4, Applicable Law for Breach of Contract Claim ( Oct 2004) (Public Laws 108-77 and 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: [Contracting Officer check as appropriate.] XX (1) 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 ). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) ( 41 U.S.C. 3509 )). __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) ( 31 U.S.C. 6101 note ). __ (5) [Reserved]. __ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). XX (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note). __ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). __ (10) [Reserved]. __ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) ( 15 U.S.C. 657a ). __ (ii) Alternate I (Nov 2011) of 52.219-3. __ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns ( Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a ). __ (ii) Alternate I ( Jan 2011) of 52.219-4. __ (13) [Reserved] XX (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) ( 15 U.S.C. 644 ). __ (ii) Alternate I (Nov 2011). __ (iii) Alternate II (Nov 2011). __ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) ( 15 U.S.C. 644 ). __ (ii) Alternate I (Oct 1995) of 52.219-7. __ (iii) Alternate II (Mar 2004) of 52.219-7. XX (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) ( 15 U.S.C. 637(d)(2) and (3)). __ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) ( 15 U.S.C. 637(d)(4) ). __ (ii) Alternate I (Oct 2001) of 52.219-9. __ (iii) Alternate II (Oct 2001) of 52.219-9. __ (iv) Alternate III (Oct 2015) of 52.219-9. __ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) ( 15 U.S.C. 644(r) ). __ 19) 52.219-14, Limitations on Subcontracting (Nov 2011) ( 15 U.S.C. 637(a)(14) ). __ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) ( 15 U.S.C. 637(d)(4)(F)(i) ). __ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) ( 15 U.S.C. 657 f ). XX (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) ( 15 U.S.C. 632(a)(2) ). __ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) ( 15 U.S.C. 637(m) ). __ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) ( 15 U.S.C. 637(m) ). XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). XX (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126). XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). XX (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). __ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)( 38 U.S.C. 4212 ). __ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) ( 29 U.S.C. 793 ). __ (31) 52.222-37, Employment Reports on Veterans ( Feb 2016) (38 U.S.C. 4212). __ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). XX (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) ( 22 U.S.C. chapter 78 and E.O. 13627). __ (ii) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627). __ (34) 52.222-54, Employment Eligibility Verification ( Oct 2015 ). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) __ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii) ). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (ii) Alternate I (May 2008) of 52.223-9 ( 42 U.S.C. 6962(i)(2)(C) ). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons ( Jun 2016 ) (E.O. 13693). __ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners ( Jun 2016 ) (E.O. 13693). __ (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment ( Jun 2014 ) (E.O.s 13423 and 13514). __ (ii) Alternate I (Oct 2015) of 52.223-13. __ (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions ( Jun 2014 ) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-14. __ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products ( Dec 2007 ) ( 42 U.S.C. 8259b ). __ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products ( Oct 2015 ) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-16. XX (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving ( Aug 2011 ) (E.O. 13513). __ (43) 52.223-20, Aerosols ( Jun 2016 ) (E.O. 13693). __ (44) 52.223-21, Foams ( Jun 2016) (E.O. 13693). XX (45) 52.225-1, Buy American-Supplies (May 2014) ( 41 U.S.C. chapter 83 ). __ (46)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) ( 41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. __ (ii) Alternate I (May 2014) of 52.225-3. __ (iii) Alternate II (May 2014) of 52.225-3. __ (iv) Alternate III (May 2014) of 52.225-3. __ (47) 52.225-5, Trade Agreements ( Feb 2016 ) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). XX (48) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (49) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). __ (50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150 ). __ (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) ( 42 U.S.C. 5150 ). __ (52) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f) ). __ (53) 52.232-30, Installment Payments for Commercial Items (Oct 1995) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f) ). XX (54) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) ( 31 U.S.C. 3332 ). __ (55) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332 ). __ (56) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332 ). __ (57) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a ). __ (58)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) ( 46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631 ). __ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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: [Contracting Officer check as appropriate.] XX (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495). XX (2) 52.222-41, Service Contract Labor Standards (May 2014) ( 41 U.S.C. chapter 67 ). __ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67 ). XX (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67 ). __ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67 ). __ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67 ). __ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) ( 41 U.S.C. chapter 67 ). XX (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). __ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) ( 42 U.S.C. 1792 ). __ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) ( 31 U.S.C. 5112(p)(1) ). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) ( 41 U.S.C. 3509 ). (ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015) (v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) ( 38 U.S.C. 4212 ). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) ( 29 U.S.C. 793 ). (viii) 52.222-37, Employment Reports on Veterans (Feb 2016) ( 38 U.S.C. 4212 ) (ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (x) 52.222-41, Service Contract Labor Standards (May 2014) ( 41 U.S.C. chapter 67 ). (xi) 52.222-50, Combating Trafficking in Persons (Mar 2015) ( 22 U.S.C. chapter 78 and E.O 13627). Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O 13627 ). (xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67 ). (xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) ( 41 U.S.C. chapter 67 ). (xiv) 52.222-54, Employment Eligibility Verification ( Oct 2015 ) (E.O. 12989). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) ( 42 U.S.C. 1792 ). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xviii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) ( 46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631 ). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS 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: TIFFANY JOHNSON, CONTRACTING OFFICER 100 Bureau Drive, MS 1640 Gaithersburg, MD 20899 (c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: NIST/ACQUISITION MANAGEMENT DIVISION ATTN: HEAD OF THE CONTRACTING OFFICE (HCO) 100 Bureau Drive, MS 1640 Gaithersburg, MD 20899 (d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority. (e) ) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893, Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W. Washington, D.C. 20230. FAX: (202) 482-5858 1352.246-70 PLACE OF ACCEPTANCE: 5301 Shawnee Drive, Alexandria, VA 22312 BILLING/INVOICE INSTRUCTIONS NTIS prefers electronic Invoice/Voucher submissions emailed to: vendorinvoices@ntis.gov a) Payment will be based on receipt of a proper invoice and satisfactory contract performance. The Contractor may Invoice once monthly for work performed. Invoices should be submitted within 15 Calendar Days of the last day of the subject billing period. (b) A proper invoice shall include: (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: NTIS: Accounts Payable Office 5301 Shawnee Road, Room 201 Alexandria, VA 22312 If invoicing for a Labor Hour/Cost Reimbursement/Time and Materials type contract, the Invoice shall be supported by a breakdown listing the labor category, name of employee, and hours worked during the time period against the specific action being invoiced against. The contractor shall provide time sheets for each staff member, which shall clearly identify the hours worked on this action.
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/DOC/NIST/AcAsD/SB1342-16-RQ-1014/listing.html)
 

Place of Performance

Address: 5301 Shawnee Road, Alexandria, Virginia, 22312, United States

Zip Code: 22312
 

Record

SN04263773-W 20160910/160909000101-311d9daa550966174903c4317b638b48 (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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