SOLICITATION NOTICE
V -- NIST NCNR SPENT FUEL SHIPMENT - Combined Synopsis/Solicitation SB1341-17-RQ-0240 - Attachment A - NIST NCNR SPENT FUEL CELL SHIPMENT SOW
- Notice Date
- 3/10/2017
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 484230
— Specialized Freight (except Used Goods) Trucking, Long-Distance
- 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
- SB1341-17-RQ-0240
- Archive Date
- 4/11/2017
- Point of Contact
- January Magyar, Phone: 301-975-5442, Cory L. Worley, Phone: 3019753635
- E-Mail Address
-
january.magyar@nist.gov, cory.worley@nist.gov
(january.magyar@nist.gov, cory.worley@nist.gov)
- Small Business Set-Aside
- N/A
- Description
- Attachment A - NIST NCNR SPENT FUEL CELL SHIPMENT SOW Combined Synopsis/Solicitation SB1341-17-RQ-0240 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 IN ACCORDANCE WITH FAR 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERICAL ITEMS. The Request for Quotations (RFQ) number is SB1341-17-RQ-0240. This synopsis/solicitation constitutes a RFQ and incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2005-95. The associated North American Industrial Classification System (NAICS) code for this procurement is 484230 - Specialized Freight Trucking, Long-Distance, which has a size standard of $27.5 million. COMMERCE ACQUISITION REGULATION (CAR) 1352.215-72 INQUIRIES (APR 2010) Offerors must submit all questions concerning this solicitation in writing, via email, to both the Contract Specialist, January Magyar at January.Magyar@nist.gov and the Contracting Officer Patrick Staines at Patrick.Staines@nist.gov. Questions should be received no later than eight (8) 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. The Government intends to make a single award for Firm-Fixed-Price (FFP) type contract resulting from this solicitation. The U.S. Department of Commerce (DOC), The National Institute of Standards and Technology (NIST) owns and operates a 20 MW nuclear test reactor, which goes by the name of National Bureau of Standards Reactor (NBSR). The purpose of the NBSR is to provide high intensity neutron beams for the pursuit of scientific research. The NBSR is fueled by 30 highly enriched fuel elements. During a year, NBSR produces approximately 28 spent fuel elements. The fuel elements are made up of Uranium Oxide Materials Testing Reactor (MTR) type dispersion fuel plates. There are two 13-inch-tall stacks of fuel plates lodged in every fuel element with a gap of 6 inches between them. The fueled regions can be separated from the rest of the fuel element using an underwater saw, which allows the parts of the fuel assembly that contain no uranium to be treated as radioactive waste of a much lower classification than the parts containing highly radioactive uranium. The fueled pieces measurements are 13.5" x 3.5" x 3". To be in accordance with the Nuclear Regulatory Commission (NRC), NIST must transfer its spent fuel to the Department of Energy (DOE) Savannah River Site (SRS) near Aiken, South Carolina. NCNR requires the shipment of its spent fuel cells to the DOE SRS. The services required shall be in accordance with the Statement of Work (SOW) provided in Attachment A -NCNR SPENT FUEL CELL SHIPMENT SOW. The detailed SOW entitled "NCNR SPENT FUEL CELL SHIPMENT SOW" is hereby incorporated by reference and provided as "Attachment A" to this combined synopsis/solicitation. LIST OF ATTACHMENTS: The purpose of attachments is for reference and to provide specification requirements to the Contractor for quotation purposes only. All attachments included in this solicitation are owned by the Government and shall not be reproduced, released, distributed, or otherwise utilized for any purpose other than submission of a quotation and the execution of the required work without the prior written approval of the NIST Contracting Officer. Attachment A: NIST NCNR SPENT FUEL CELL SHIPMENT SOW All Offerors shall provide a quotation for the following line items: Contract Line Item Number (CLIN) QTY. UNIT UNIT PRICE APPLICABLE DISCOUNTS EXTENDED PRICE CLIN 0001 - Spent Fuel Cell Shipment (Period of Performance - Date of Award through 9/30/2018) 1 JB OPTION CLIN 0002 - Spent Fuel Cell Shipment (Period of Performance - Within two (2) years from completion of first shipment) 1 JB The Contractor shall supply the required services as specified in the attached SOW. PROVISIONS AND CLAUSES: The following provisions and clauses apply to this acquisition. Those incorporated by reference may be found at the following: 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 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016) (Reference FAR 4.1105(a)(1)) FAR 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016) (Reference FAR 4.1804(a)) FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARING AN UNPAID 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. (End of provision) FAR 52.212-1, INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (Reference FAR 12.301(b)(1)) INSTRUCTIONS: System for Award Management, SAM In accordance with FAR 52.204-7, the awardee must be registered in the system for award management (www.sam.gov) prior to award. Refusal to register shall forfeit award. Due Date for Quotations Offerors shall submit their quotations so that NIST receives them not later than 1:00 PM Eastern Standard Time on March 27, 2017. FAX quotations shall not be accepted. E-mail quotations shall be accepted at Cory.Worley@nist.gov. Please reference the RFQ number in the subject line of email communications and packages mailed. Offerors' quotations shall not be deemed received by the Government until the quotation is entered in the e-mail box set forth above. All hand delivered quotations and material shall be made on the actual due date through Gate A, and a 48 hour (excluding weekends and holidays) prior notice shall be provided to January Magyar, Contract Specialist on 301-975-3635. Addendum to FAR 52.212-1, Quotation Preparation Instructions 1. Price Quotation: The Offeror shall submit an original and one copy of the completed priced schedule. If the quotation is submitted electronically, additional copies are not required. The pricing quotation shall be separate from any other portion of the quotation. Offerors shall propose a firm fixed-price for CLINs 0001 and 0002. 2. Technical Quotation: The Offeror shall submit an original and one copy of the technical quotations. If the quotation is submitted electronically, additional copies are not required. The technical quotation shall address the following: Technical Capability: The Offeror must demonstrate that in its technical capability that it has the ability and access to materials to provide the required spent fuel transfer services in accordance with the attached SOW provided with this RFQ. The Offeror shall provide information within its submission addressing its ability to provide the proposed shipping cask(s) available for the shipment required by the summer of 2018. Offerors shall provide evidence that the shipping cask(s) have Certificate of Compliance (COC) issued by the Nuclear Regulatory Commission (NRC). Offerors shall demonstrate their ability to plan and coordinate with all required parties of the shipment (e.g. Federal Government Agencies; State Government Agencies; Other required Entities). 3. Experience: The Offeror shall demonstrate the extent to which it has recently performed nuclear spent fuel shipments like this requirement successfully in the past. The Offeror shall demonstrate the experience of its allocated key personnel, specifically a Project Manager that has the qualifications to successfully perform services required as stated in the SOW. The Offeror shall demonstrate its experience with relative regulations regarding nuclear spent fuel shipments and its experience coordinating shipments like this with federal and state governments. 4. 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. If the Offeror intends to subcontract with another firm(s) for part of this requirement, that firm's past performance information shall also be provided. If the Offeror has no relevant past performance, it may include a statement to that effect in its quotation. The Government reserves the right to consider data obtained from sources other than those described by the Offeror in its quotation. The description of each contract/order described in this section shall not exceed one half page in length. For each contract/order, the Offeror shall provide the following information: a. Contract number; b. Description and relevance to solicitation requirements including dollar value; c. Period of Performance - indicate by month and year the state and completion (or "ongoing") dates for the contract; d. Reference Contact - If a non-Government contract, identify the name and address of the client with current telephone number and email address of a point of contact of the client responsible for the contract; e. Contracting Office - If a Government contract (Federal or state), identify the Procuring Contracting Officer (PCO), administrative Contracting Officer (ACO), and Contracting Officer's Representative (COR), and their names, current telephone numbers and email addresses. f. Problems Encountered - include information regarding information regarding any problems encountered on the contracts described above and corrective actions taken to resolve those problems. 5. Acceptance of RFQ terms and conditions: This is an Open-Market Combined Synopsis/Solicitation for spent fuel cells shipment in accordance with the attached SOW. The Government intends to award a Contract as a result of this Combined Synopsis/Solicitation that will include the terms and conditions that are set forth herein. In order to facilitate the award process, ALL quotes shall include a statement regarding the terms and conditions herein as follows: a. The Offeror shall state "The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition." OR b. The Offeror 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:" Offeror shall list exception(s) and rationale for the exception(s) Please note that 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 Offeror's FSS or GWAC contract, and the statement required above shall be included in the quotation; 6. Quoters shall provide their Dun and Bradstreet Number (DUNS number) for the Quoter's active System for Award Management (SAM) registration. Quoters must have an active registration at www.SAM.Gov to receive an award; 7. Quoters shall include a completed copy of the attached provision, "FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law" with their quotation. QUOTATION EVALUATION: Evaluation Factors The award shall be made to the Offeror whose quotation offers the best value to the Government. The Government will evaluate quotations based on the following evaluation criteria: 1) Technical Approach; 2) Experience; 3) Past Performance and 4) Price. Technical Approach is more important that Experience, Past Performance and Price. All non-price factors, when combined are more important than price. Each quotation will be evaluated against the factors described below. An Offeror's failure to address any factor 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. Quotations will be evaluated based on the factors identified below: Technical Capability Experience Past Performance Price 1. For the purpose of Technical Capability: Evaluation of technical capability shall be based on the information provided in the quotation. NIST will evaluate whether the Offeror has demonstrated that it has the capability to provide the required spent fuel cell shipment in accordance with the SOW. Quotations that do not demonstrate the Offeror has the capability to provide the required services will not be considered further for award. NIST will evaluate whether the Offeror has evidence of its ability to provide a NRC certified cask(s) and its ability to coordinate with federal, state and local governments. NIST will also evaluate the ability to provide experienced staff who have the technical expertise to provide the required services 2. For the purpose of Experience: NIST will evaluate the extent of the Offeror's experience providing similar or same services as indicated in the SOW within the past three (3) years. The Offeror's qualification and experience shall be evaluated to determine (a) the general background of the company and its experience in successfully performing nuclear fuel shipments similar to this requirement; (b) the Offeror and key personnel allocated have the qualifications and experience necessary to successfully perform the services required as stated in the SOW. 3. For the purpose of Past Performance: The Government will evaluate the Offeror's past performance information and, if appropriate, its proposed subcontractors' past performance to determine its relevance to the current requirement and the extent to which it demonstrates that the Offeror has successfully completed relevant contracts in the past five (5) years. In assessing the Offeror's past performance information, NIST will evaluate, as appropriate, successful performance of contract requirements, quality and timeliness of delivery of goods and services, cost management, communications between contracting parties, proactive management and customer satisfaction. Evaluation of this factor will be based on information contained in the technical portion of the quotation and information provided by references. The Government will evaluate past performance information by contacting appropriate references, including NIST references, if applicable. The Government may also consider other available information in evaluating the Offeror's past performance. The Government will assign a neutral rating if the Offeror has no relevant past performance information. 4. For the purpose of evaluation of Price: The Government will evaluate the Contractor's ability to deliver an efficient and effective quotation at a fair and reasonable price. 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS (JAN 2017) The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision. Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 the following definitions of FAR 52.212-3 are not implemented into this solicitation. "Administrative merits determination" "Arbitral award or decision" Paragraph (2) of "Civil judgment" "DOL Guidance" "Enforcement agency" "Labor compliance agreement" "Labor laws" "Labor law decision" Per Court Injunction dated 24 Oct. 2016 and OMB memo dated 25 Oct. 2016 paragraph (s) of 52.212-3 is not implemented into this solicitation. FAR 52.217-5 EVALUATION OF OPTIONS (JUL 1990) Except when it is determined in accordance with FAR 17.2026(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). CLAUSES FAR 52.212-4, CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (JAN 2017) (Reference FAR 12.301(b)(3)) FAR 52.212-5, CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUES OR EXECUTIVE ORDERS - COMMERICAL ITEMS (JAN 2017) The following additional FAR clauses cited in FAR 52.212-5 are applicable to this acquisition - FAR 52.203-6, RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEPT 2006) ALT. I (OCT 1995) (41 U.S.C. 4704 AND 10 U.S.C. 2402) FAR 52.204-10, REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (OCT 2015) (PUB. L. 109-282) (31 U.S.C. 6101 NOTE) FAR 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) FAR 52.209-9, UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) (41 U.S.C. 2313) FAR 52.204-14, SERVICE CONTRACT REPORTING REQUIREMENTS (OCT 2016) (PUB. L. 111-117, SECTION 743 OF DIV. C). FAR 52.219-8, UTILIZATION OF SMALL BUSINESS CONCERNS, (NOV 2016) (15U.S.C. 637(d)(2) and (3)). FAR 52.219-9, SMALL BUSINESS SUBCONTRACTING PLAN (JAN 2017) (15 U.S.C. 637 (d)(4)). ALT. II (NOV 2016) FAR 52.219-28, POST AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013) (15 U.S.C. 632(a)(2)) FAR 52.222-3, CONVICT LABOR (JUNE 2003) (E.O. 11755). FAR 52.222-19, CHILD LABOR-COOPERATION WITH AUTHORITIES AND REMEDIES (OCT 2016) (E.O. 13126) FAR 52.222-21, PROHIBITION OF SEGREGATED FACILITIES (APR 2015) FAR 52.222-26, EQUAL OPPORTUNITY (APR 2015) (E.O. 11246) FAR 52.222-35, EQUAL OPPORTUNITY FOR VETERANS (OCT 2015) (38 U.S.C. 4212) FAR 52.222-36, EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014) (29 U.S.C. 793) FAR 52.222-37, EMPLOYMENT REPORTS ON VETERANS (FEB 2016) (38 U.S.C. 4212) FAR 52.222-40, NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010) (E.O. 13496) FAR 52.222-50, COMBATING TRAFFICKING IN PERSONS (MAR 2015) (22 U.S.C. CHAPTER 78 AND E.O. 13627) FAR 52.222-54, EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2015) (E.O. 12989) FAR 52.222-60, PAYCHECK TRANSPARENCY (E.O. 13673) (OCT 2016) FAR 52.223-18, ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011) (E.O. 13513) FAR 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 1 day from the end of the period of performance (End of Clause) FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) If more than 31 days remain in the contract period of performance, the Government, without prior written notification, may exercise this option by issuing a contract modification. To exercise this option within the last 30 days of the period of performance, the Government must provide to the Contractor written notification 60 days prior to the expiration date of the contract period of performance. This preliminary notification does not commit the Government to exercising the option. (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 five (5) years and six (6) months. 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: http://farsite.hill.af.mil/vffara.htm (End Clause) FAR 52.204-13 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 52.236-13 ACCIDENT PREVENTION (NOV 1991) ALT. I (NOV 1991) (Reference FAR 36.513) CAR 1352.201-72 CONTRACTING OFFICER'S REPRESENTATIVE (APR 2010) (a) To Be Determined (TBD) is hereby designated as the Contracting Officer's Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at: TBD (b) The responsibilities and limitations of the COR are as follows: (1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the Contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract. (2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor. (End Clause) 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: 235 (End of clause) CAR 1352.237-75 KEY PERSONEL (APR 2010) (a) The Contractor shall assign to this contract the following key personnel: Name Position Title (To be determined) Project Manager (b) The Contractor shall obtain the consent of the Contracting Officer prior to making key personnel substitutions. Replacements for key personnel must possess qualifications equal to or exceeding the qualifications of the personnel being replaced, unless an exception is approved by the Contracting Officer. (c) Requests for changes in key personnel shall be submitted to the Contracting Officer at least 15 working days prior to making any permanent substitutions. The request should contain a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. The Contracting Officer will notify the contractor within 10 working days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes. (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 NIST LOCAL_04 BILLING INSTRUCTIONS 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 Each invoice or voucher submitted shall include the following: Contract Number. Contractor Name and Address. Date of Invoice. Invoice Number. Amount of Invoice, and cumulative amount invoiced to-date. Contract Line Item Number (CLIN). Description, quantity, unit of measure, unit price, and extended price of supplies/services delivered. Prompt payment discount terms, if offered. Any other information or documentation required by the contract. (End Clause) CAR 1352.233-70 AGENCY PROTESTS (APR 2010) 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). 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 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 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. 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 protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed. 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. 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)
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