Loren Data's SAM Daily™

SAMDAILY.US - ISSUE OF DECEMBER 19, 2019 SAM #6594
SOLICITATION NOTICE

R -- HURRICANE MARIA MORTALITY INVESTIGATION

Notice Date

12/17/2019 4:36:01 AM
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

561611 — Investigation Services
 

Contracting Office

DEPT OF COMMERCE NIST GAITHERSBURG MD 20899 USA
 

ZIP Code

20899
 

Solicitation Number

1333ND20QNB730038
 

Response Due

12/20/2019 1:00:00 PM
 

Archive Date

01/04/2020
 

Point of Contact

Lynda M Horton, Phone: 3019753725, Keith Bubar, Phone: 3019758329
 

E-Mail Address

Lynda.Horton@nist.gov, keith.bubar@nist.gov
(Lynda.Horton@nist.gov, keith.bubar@nist.gov)
 

Description

DECEMBER 16, 2019: AMENDMENT 001: THE PURPOSE OF THIS AMENDMENT IS TO RESPOND TO INQUIRIES, PROVIDE REVISED INSTRUCTIONS TO OFFERORS DOCUMENT AND SOW. ALL OTHER TERMS REMAIN UNCHANGED. THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS PREPARED IN ACCORDANCE WITH THE FORMAT IN FAR SUBPART 12.6-STREAMLINED PROCEDURES FOR EVALUATION AND SOLICITATION FOR COMMERCIAL ITEMS-AS SUPPLEMENTED WITH ADDITIONAL INFORMATION INCLUDED IN THIS NOTICE. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTATIONS ARE BEING REQUESTED, AND A WRITTEN SOLICITATION DOCUMENT WILL NOT BE ISSUED. THIS SOLICITATION IS BEING ISSUED USING SIMPLIFIED ACQUISITION PROCEDURES UNDER THE AUTHORITY OF FAR 13.5 FOR COMMERCIAL ITEMS. This solicitation is a request for quotation. �The solicitation document incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2020-01/11-12-2019. 1352.215-72 INQUIRIES (APR 2010) Offerors must submit all questions concerning this solicitation in writing to the contract specialist by December 2, 2019 nlt 10:00 am. �All responses to the questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. �Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract. � (end of provision) The Government does not intend to respond to questions or inquiries submitted after the cutoff date identified above. The Government will collect all questions and inquiries, incorporate responses and distribute to all Offerors through an amendment to this solicitation via Fedbizopps.� If further questions arise following the outcome of answers provided to initial questions, the CO has sole discretion to determine if a new question closing date will be allowed. If a new question closing date is approved notification will be sent to all offerors via amendment to the FBO notice.� The associated North American Industrial Classification System (NAICS) code for this procurement is 561611 with a small business size standard of $22 million. � This requirement is being procured using full and open competition.� REQUIREMENTS: Offeror shall provide a firm fixed price (FFP) quotation for the following line items: � Contract Line Item Number (CLIN)�� �QTY�� �TOTAL� CLIN 0001 �The Contractor shall provide all labor and material to successfully execute the tasks identified in Attachment 1 � Statement of Work (SOW). �� �1 LOT�� �$________ Option Line Item: � OPTION LINE ITEM (CLIN 1001) THE FOLLOWING IS AN OPTION LINE ITEM. PRICE QUOTED SHALL BE EFFECTIVE THROUGHOUT THE ENTIRE PERIOD OF PERFORMANCE. AWARD OF OPTION LINE ITEM IS AT THE SOLE DISCRETION OF THE GOVERNMENT IN ACCORDANCE WITH FAR 52.217-7 The period of performance for the option line item shall be 7 months from date of exercise. The Government may exercise option line items, at its discretion, at time of award, or any time prior to the expiration date of the period of performance of the base period (CLIN 0001). Options shall be exercised by the issuance of a modification (Standard Form 30).�� � CLIN 0002: Travel and Other Direct Costs:� 1 NTE LOT�� �NTE $90,000.00 List of Attachments:� Attachment #1: Statement of Work Attachment #2: Instructions to Offerors and Evaluation Criteria Attachment #3: Additional NCST Contract Clauses Contractor Performance Evaluations During the life of this contract, Contractor performance will be evaluated on an interim (if applicable) and final basis pursuant to FAR Subpart 42.15. �The Contractor Performance Assessment Reporting System (CPARS) will be utilized for these reviews. �Information on CPARS can be located at http://www.cpars.gov. PROVISIONS AND CLAUSES: The following provisions and clauses apply to this acquisition.� Provisions 52.204-7 � System for Award Management � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �� 52.209-11 �- Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law 52.212-1 � Instructions to Contractors-Commercial Items � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 52.212-3 Contractor Representations and Certifications -- Commercial Items (Oct 2016) The contractor shall complete only paragraphs (b) of this provision if the Contractor 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 Contractor has not completed the annual representations and certifications electronically, the Contractor shall complete only paragraphs (c) through (s) of this provision. 52.204-16 � Commercial & Government Entity Code Reporting � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 52.204-17 � Ownership or Control of Contractor � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 52.217-5 � Evaluations of Options 52.252-1 Solicitation Provisions Incorporated by Reference Solicitation Provisions Incorporated by Reference (Feb 1998) 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): www.acquisition.gov� (End of provision) 52.204-24 � Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019) � � � (a) Definitions. As used in this provision� � � ��Covered telecommunications equipment or services�, �Critical technology�, and �Substantial or essential component� have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. � � � (b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing� � � � � � �(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or � � � � � �(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. � � � (c) Representation. The Offeror represents that� � � �It ? will, ? will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. � � � (d) Disclosures. If the Offeror has responded affirmatively to the representation in paragraph (c) of this provision, the Offeror shall provide the following information as part of the offer � � � � � �(1) All covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable); � � � � � �(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision; � � � � � �(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and � � � � � �(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known). (End of provision) 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation (Jan 2017) (a) Definition. As used in this provision-- �Internal confidentiality agreement or statement�, �subcontract�, and �subcontractor�, are defined in the clause at 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. (b) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (c) The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d) Representation. By submission of its offer, the Contractor represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General). (End of provision) Clauses � � � � 52.204-13 � System for Award Management 52.204-18 � Commercial & Government Entity Code Maintenance � �� 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment 52.252-2- Clauses Incorporated by Reference� 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/these address(es): www.acquisition.gov� (End of clause)52.2124 � Contract Terms and Conditions-Commercial Items � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �52.212-5 � Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items(OCT 2019) � � � (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: � � � � � �(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). � � � � � �(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). � � � � � �(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232). � � � � � �(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). � � � � � �(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). � � � � � �(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 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 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note). � � � � � � __ (5) [Reserved]. � � � � � � __ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). � � � � � � __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (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 (Oct 2018) (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] � � � � � __ (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. � � � � � � __ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)). � � � � � __ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4)) � � � � � � � � � __ (ii) Alternate I (Nov 2016) of 52.219-9. � � � � � � � � � __ (iii) Alternate II (Nov 2016) of 52.219-9. � � � � � � � � � __ (iv) Alternate III (Nov 2016) of 52.219-9. � � � � � � � � � __ (v) Alternate IV (Aug 2018) 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 (Jan 2017) (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 (Oct 2019) (15 U.S.C. 657f). � � � � 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 (Oct 2019) (E.O.13126). � � � �XX � � __ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). � � � � �XX __ (28) � � � � �(i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246). � � � � � � � � � __ (ii) Alternate I (Feb 1999) of 52.222-26. � � � � � __ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). � � � � � � � � � __ (ii) Alternate I (July 2014) of 52.222-35. � � � � �XX __ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793). � � � � � � � � � __ (ii) Alternate I (July 2014) of 52.222-36. � � � � � � __ (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 (Jan 2019) (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 (Jun2016) (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). � � � � � __ (45) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a). � � � � � � � � � __ (ii) Alternate I (Jan 2017) of 52.224-3. � � � � � � __ (46) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). � � � � � __ (47) (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. � � � � � � __ (48) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). � � � � � � XX__ (49) 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). � � � � � � __ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). � � � � � � __ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). � � � � � � __ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). � � � � � � __ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)). � � � � � � __ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)). � � � � �XX � __ (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332). � � � � � � __ (56) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332). � � � � � � __ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332). � � � � � � __ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). � � � � � � __ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)). � � � � � __ (60)� (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. � � � � � � � � � __ (iii) Alternate II (Feb 2006) 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.] � � � � � � __ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495). � � � � � � __ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (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). � � � � � � __ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (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). � � � � � � __ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). � � � � � � __ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706). � � � � � � __ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). � � � (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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). � � � � � � � � (iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). � � � � � � � � (iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232). � � � � � � � � (v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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. � � � � � � � � (vi) 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. � � � � � � � � (vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). � � � � � � � � (viii) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246). � � � � � � � � (ix) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C.4212). � � � � � � � � (x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793). � � � � � � � � (xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C.4212) � � � � � � � � (xii) 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. � � � � � � � � (xiii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67). � � � � � � � � (xiv)� (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627). � � � � � � � � � � �(B) Alternate I (Mar 2015) of 52.222-50(22 U.S.C. chapter 78 and E.O 13627). � � � � � � � � (xv) 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). � � � � � � � � (xvi) 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). � � � � � � � � (xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989). � � � � � � � � (xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). � � � � � � � � (xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706). � � � � � � � � (xx)� (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). � � � � � � � � � � �(B) Alternate I (Jan 2017) of 52.224-3. � � � � � � � � (xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). � � � � � � � � (xxii) 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. � � � � � � � � (xxiii) 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) � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �� 52.217-8 Option to Extend Services 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 15 days (End of Clause)FAR 52.217-7 Option for Increased Quantity -Separately Priced Line Item The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree. (End of clause) The following provisions and clauses apply to this acquisition and are hereby incorporated by reference. �All CAR clauses may be viewed at : https://www.acquisition.gov/� 1352.201-70 � Contracting Officers Authority� 1352.209-73 � Compliance with the Laws (APR 2010) � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �1352.209-74 � Organizational Conflict of Interest� 1352.246-70 � Place of Acceptance � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � (a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract.� (b) The place of acceptance will be: 100 Bureau Drive, Gaithersburg, MD. 20899 1352.201-72 Contracting Officers Representative Contracting Officer's Representative (COR) (APR 2010) (a) ___________ 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: ____________________ ____________________ ____________________ Phone Number:____________________ E-mail:____________________ (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 of clause) NIST LOCAL: NIST LOCAL-54 ELECTRONIC BILLING INSTRUCTIONS Instructions: use in all awards that require electronic submission of invoices. NIST requires that Invoice/Voucher submissions are sent electronically via email to INVOICE@NIST.GOV. Each Invoice or Voucher submitted shall include the following:� (1) Contract number; (2) Contractor name and address; (3) Unique entity identifier (see www.sam.gov for the designated entity for establishing unique entity identifiers); (4) Date of invoice; (5) Invoice number; (6) Amount of invoice and cumulative amount invoiced to-date; (7) Contract Line Item Number (CLIN); (8) Description, quantity, unit of measure, unit price, and extended price of supplies/services delivered; (9) Prompt payment discount terms, if offered; and (10) Any other information or documentation required by the contract. NIST LOCAL-53 Contract Performance During Changes in NIST Operating Status� Unless otherwise stated in the contract terms and conditions, normal days of business operation are Monday through Friday, excluding Federal Holidays. However, throughout the contract period of performance, there may be circumstances beyond the control of the U.S. Department of Commerce, National Institute of Standards and Technology (NIST), that will impact normal days of business operation, such as inclement weather, power outages, etc. In circumstances such as these, the Contractor must call the appropriate NIST campus status line to verify the operating status: � Gaithersburg Campus Operating Status Line:� (301) 975-8000 (800) 437-4385 x8000 (toll free) � Boulder Campus Operating Status Line:� (303) 497-4000� � During a lapse in appropriation, access to Government facilities and resources, including equipment and systems, will be limited to excepted personnel for both Federal employees and Contractor personnel. If performance of the contract is onsite and/or requires Government interaction, unless you have been, or are notified that you are to work under an excepted status, you will automatically enter a temporary work stoppage. The work stoppage shall remain in effect until the lapse is resolved and notification is provided via the NIST website at https://www.nist.gov/ and/or the NIST operating status lines. Additionally, Contractors are encouraged to monitor public broadcasts or the Office of Personnel Management�s website at www.opm.gov for the Federal Government operating status. NIST will provide notification to all contractors that are determined to have excepted status. All excepted contractors are required to continue performance and communicate with the appointed Contracting Officer�s Representative (COR) for further guidance, or NIST Contracting Officer if a COR is not appointed. � Contractors with supply or service contracts that are fully funded at the time of contract award and do not require access to Government facilities, resources, or active administration by Government personnel in a manner that would cause the government to incur additional obligations during the lapse in appropriation may continue performance. � 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: KEITH BUBAR, 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�� � 1352.233-71 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) �
 

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Place of Performance

Address: PRI

Country: PRI
 

Record

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