Inactive

THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS PREPARED IN ACCORDANCE WITH THE FORMAT IN FEDERAL ACQUISITION REGULATION (FAR) SUBPART 12.6-STREAMLINED PROCEDURES FOR EVALUATION AND SOLI... THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS PREPARED IN ACCORDANCE WITH THE FORMAT IN FEDERAL ACQUISITION REGULATION (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; A WRITTEN SOLICITATION DOCUMENT WILL NOT BE ISSUED. This solicitation is a Request for Quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-101 effective October 26, 2018. The associated North American Industrial Classification System (NAICS) code for this procurement is 334516 with a small business size standard of 1000 employees. This acquisition is being procured using full and open competition. Simplified acquisition procedures will be utilized. The Material Measurement Science Division (MMSD) at the National Institute of Standards and Technology (NIST) provides the measurement science, measurement standards, and measurement technology required to enable world-leading characterization of materials in support of the nation's needs for the determination of the composition, structure, and properties of materials. The Division collaborates as a partner with staff at Argonne National Laboratory's Advanced Photon Source (APS), the brightest high-energy X-ray synchrotron facility in the Western hemisphere. APS is developing a world-class ultra-small-angle X-ray scattering (USAXS) facility located at APS sector 9-ID. Its application in materials measurement science is in support of the Division's and the NIST / Material Measurement Laboratory (MML) missions. The USAXS facility incorporates additional X-ray detectors for small-angle X-ray scattering (SAXS) at larger scattering angles, and also for wide-angle X-ray scattering (WAXS), diffuse scattering and X-ray diffraction (XRD). A high-resolution diffraction ring analysis detector is now required for certain applications. To fulfill this requirement, the detector must have a large field of view with respect to the sample position, but it must also fit into an extremely confined geometry due to the proximity of several other facility components. This situation mandates a requirement for a flat-panel X-ray detector. Thus, to analyze powder X-ray diffraction rings for residual stresses and/or texture orientation distributions, especially in the case of additive-manufactured metals and alloys, NIST's MMSD requires a compact, high-resolution, flat-panel X-ray detector that will be sensitive both to texture effects (changes mainly in intensity) around an X-ray diffraction ring, and to the effects of residual stresses (characteristic departures from circular XRD ring shape and position). Unlike the other detectors present at the USAXS beam-line, which provide large linear dynamic range, calibrated scattering intensities, and sensitivity to weak scattering or diffracting features, the new XRD diffraction-ring analysis (XRD-DRA) detector must allow complete X-ray diffraction rings to be recorded with sufficiently high angular resolution and adequate linear dynamic range in detected intensity for quantitative texture and residual stress analysis. Responsible quoters shall provide a quotation for all of the following line items. All equipment must be new. Used or remanufactured equipment shall not be considered for award. LINE ITEM 0001: QTY 1 EACH, Compact, large-area, 2-dimensional (2D) position-sensitive flat-panel X-ray detector meeting all of required specifications: 1. The 2D X-ray detector shall be of a flat-panel design, have a mass of less than or equal to 10 kg and shall operate with the detection plane vertical. 2. The overall detector dimensions shall be less than or equal to 300 mm x 300 mm x 60 mm, where 60 mm is the maximum thickness dimension of the flat-panel detector unit. 3. The X-ray-sensitive detection area dimensions shall be greater than or equal to 220 mm x 140 mm. Larger sensitive detection area is preferred. 4. The edge of the X-ray sensitive detection area shall be less than or equal to 25 mm from the edge of the overall detector panel on at least 1 side. 5. All cable connections must be on a side opposite one where the sensitive area is less than or equal to 25 mm from the edge. 6. For high resolution, the detector shall have a pixel size smaller than or equal to 80 ?m x 80 ?m. Smaller pixel size is preferred. 7. The detector shall operate for X-ray energies at least in the range from 12 keV to 35 kEV. 8. The detector shall have a maximum readout frame rate greater than or equal to 25 frames per second without binning pixels together. 9. The signal-to-noise ration shall be greater than or equal to 13 bits (ratio greater than or equal to 8192). Higher ratio is preferred. 10. The total power dissipation of the detector shall be less than or equal to 20 W. 11. The complete 2D detector system shall be capable of operating without significant compromised performance at least in the 15 °C to 35 °C temperature range. 12. The detector system shall be provided with appropriate camera link, cables and power supply, and shall be compatible with 32-bit and 64-bit Windows PC operating systems and shall have an Experimental Physics and Industrial Control System (EPIX) - compatible control network interface. 13. Required Documentation. (i) Documentation of factory testing to demonstrate detector meets all required specifications identified in this solicitation. Results of factory performance tests, confirming the 2D flat-panel X-ray detector conforms to all required specifications identified herein, shall be delivered to NIST prior to shipment of the detector. The contractor shall provide factory testing results that clearly show that the detector that will be shipped to NIST meets all required specifications. The test results shall be delivered in PDF format, via email, to the NIST Technical Point of Contact (TPOC), to be identified at the time of award, five days prior to shipping the detector to NIST. NIST will review the factory test results and provide written approval or comments relevant to the results, not later than five days after receipt of results from the contractor. Any deficiencies in performance shall be remedied by the contractor at no additional cost to the Government not later than 30 days after the date that the Contractor receives written notification of deficiencies from the NIST TPOC. The contractor shall make all repairs, repeat the factory testing, and provide the results to NIST. The contractor shall not ship the detector until the NIST TPOC has provided written approval of the factory performance testing results. (ii) Hard copy documentation of Standard Operating Procedure for new detector A standard operating procedure (SOP) for the flat-panel X-ray detector shall be provided in hard copy format with delivery of the detector. LINE ITEM 0002: QUANTITY 1 YEAR, WARRANTY The contractor shall provide, at a minimum, a one-year warranty for the new flat-panel 2D XRD-DRA X-ray detector. The warranty shall cover all parts, labor, and travel. The warranty shall commence upon successful completion of delivery, installation, set-up, and demonstration of all required specifications. If during this time, any of the detector components do not meet the above requirements, the contractor shall repair the system at no cost to the Government. The contractor shall provide phone or email support during business hours of 9:00 a.m. to 6:00 p.m. Central Standard Time for any set-up or operation problems encountered during the warranty period. DELIVERY Delivery and warranty services on the instrument shall occur at the address below. Normal business hours are Monday through Friday, 8:30 a.m. to 5:00 p.m. Central Standard Time with the exception of Federal holidays. Delivery terms shall be FOB Destination. The Contractor shall pack and mark the shipment in conformance with carrier requirements, deliver the shipment in good order and condition to the point of delivery specified in the purchase order, be responsible for loss of and/or damage to the goods occurring before receipt and acceptance of the shipment by the consignee at the delivery point specified in the purchase order; and pay all charges to the specified point of delivery. Delivery of the detector shall be completed not later than 120 days after receipt of award. Delivery shall be made to the following address: Argonne National Laboratory 9700 S. Cass Avenue, Bldg 433A002 Argonne, IL 60439, USA Attn: Dr. Jan Ilavsky, Physicist, X-Ray Science Division, Advanced Photon Source ACCEPTANCE CRITERIA AND PAYMENT SCHEDULE Final acceptance by the Government shall be granted after confirmation that the equipment meets all required specifications, and successful delivery. The warranty shall not commence until final acceptance has been granted by the Government. Should any deficiencies be noted prior to final acceptance, the Contractor will be notified and provided the opportunity to correct all deficiencies at their expense, in accordance with the commercial terms and conditions of the contract. The contractor shall be paid in one lump sum payment upon submission of a proper invoice, and upon submission by the Contractor and acceptance by the Government, of the required detector. Partial payments shall not be authorized. EVALUATION CRITERIA AND BASIS FOR AWARD The Government will award a purchase order resulting from this solicitation to the responsible quoter whose quotation, conforming to the solicitation, results in the best value to the Government, price and other factors considered. The following will be used to evaluate quotations: 1. Technical Capability 2. Past Performance 3. Price Technical Capability and Past Performance, when combined, shall be equal in importance to price. TECHNICAL CAPABILITY Technical capability shall be evaluated to determine the Contractor's ability to successfully deliver the required equipment. Documentation will be evaluated to determine that the quoted equipment meets or exceeds all required specifications, and a one-year warranty has been included. Proposed modifications to equipment shall be evaluated for feasibility and the quoter's likelihood for success. In determining best value, stronger consideration shall be given to equipment with: 1. A sensitive detection area greater than 220 mm x 140 mm; and/or 2. A pixel size smaller than 80 ?m x 80 ?m; and/or 3. A signal-to-noise ratio greater than 13 bits. PAST PERFORMANCE Past performance shall be evaluated to determine the overall quality of the products and services provided by the Contractor. Evaluation of past performance shall be based on the references provided and/or the contractor's recent and relevant procurement history with NIST, its' affiliates, and/or other relevant references. Contractors with no relevant past performance shall receive a neutral rating. PRICE Price will be evaluated to determine that the total price is consistent with the technical portion of the quotation and is a fair and reasonable overall price to the Government. REQUIRED SUBMISSIONS All quoters shall submit the following within their quotation: 1) A firm-fixed price, FOB Destination price quotation, inclusive of a one-year warranty, for the required equipment. 2) One electronic copy of technical description and/or product literature. Quoters shall include the manufacturer, make and model of the product, manufacturer sales literature or other product literature which CLEARLY DOCUMENTS that the offered product meets or exceeds the required specifications stated herein. It is the responsibility of the quoter to ensure that all specifications are clearly documented; 3) If product literature does not address any given specification, a discussion of how the Contractor will meet or exceed required specifications. Modifications to the quoted system must be discussed; 4) Past performance information regarding relevant contracts over the past three years with Federal, state, or local governments, and/or commercial customers. If the quoter intends to subcontract with another firm(s) for part of this requirement, that firm's past performance information shall also be provided. If the firm has no relevant past performance, it shall include a statement to that effect in its proposal. The Government reserves the right to consider data obtained from sources other than those described by the quoter in their quotation. The description of each contract described in this section shall not exceed one-half page in length. For each contract, the quoter shall provide the following information: - Contract number; - Description and relevance to solicitation requirements include dollar value; - Period of Performance - indicate by month and year the state and completion (or "ongoing") dates for the contract; - 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; - 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. - Problems Encountered - include information regarding information regarding any problems encountered on the contracts described above and corrective actions taken to resolve those problems. 4) A discussion of the proposed warranty; 5) The timeline for delivery; 6) This is an Open-Market Combined Synopsis/Solicitation for equipment, as defined herein. The Government intends to award a Purchase Order resulting from 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 quoter 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 quoter 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:" Quoter's 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 a quoter 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) The 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 provision, "Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2015)" with their quotation. Incorporated, herein, in full text. DUE DATE FOR QUOTATIONS E-mail quotations are required. All quotations must be submitted via e-mail to Erin Dwyer, Contract Specialist, at erin.dwyer@nist.gov. FAX quotations will not be accepted. Submission must be received not later than 3:00 p.m. Eastern Time on January 11, 2019. A quotation shall be considered received when it is received in the electronic inbox of Erin Dwyer not later than the date and time identified herein. Questions: All questions regarding this notice must be submitted via e-mail to erin.dwyer@nist.gov not later than 3:00 p.m. Eastern Time on January 3, 2019. PROVISIONS AND CLAUSES The full text of a Federal Acquisition Regulation (FAR) provision or clause may be accessed electronically at www.acquisition.gov. The following FAR provisions apply to this acquisition: 52.204-7, System for Award Management 52.204-16, Commercial and Government Entity Code Reporting 52.204-17, Ownership or Control of Offeror 52.204-20, Predecessor of Offerors 52.204-22, Alternative Line Item Proposal 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law 52.212-1, Instructions to Offerors-Commercial Items 52.212-3, Offeror's Representations and Certifications-Commercial Items 52.219-1, Small Business Program Representations 52.225-25, Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran In accordance with FAR 52.212-3 Offeror Representations and Certifications - Commercial Items, quoters must complete annual representations and certifications on-line at www.SAM.Gov. If paragraph (j) of the provision applies, a written submission is required. The following FAR clauses apply to this acquisition: 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards 52.204-19, Incorporation by Reference of Representations and Certifications 52.204-13 System for Award Management Maintenance 52.204-18, Commercial and Government Entity Code Maintenance 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations 52.212-4 Contract Terms and Conditions-Commercial Items 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, including sub-paragraphs: (checked clauses are applicable to this solicitation) __ (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. XX (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 (Jan 2017) 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 (Nov 2011) (15 U.S.C. 657 f). XX (22) 52.219-28, Post Award Small Business Program Representation (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 (Jan 2018) (E.O. 13126). XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). XX (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). __ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). XX (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). __ (45) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). XX (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. XX (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 (Aug 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 (Oct 2016) (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 (Jan 2017) (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 (Oct 2018) (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. 52.232-39 Unenforceability of Unauthorized Obligations 52.232-40 Providing Accelerated Payments to Small Business Subcontractors 52.233-4 Applicable Law for Breach of Contract Claim 52.247-34 FOB Destination 52.252-2 Clauses Incorporated by Reference The following U.S. Department of Commerce Acquisition Regulation (CAR) provisions and clauses apply to this procurement. The full text of a CAR provision or clause may be accessed electronically at www.acquisition.gov. Reference Supplemental Regulations, U.S. Department of Commerce. 1352.201-70 CONTRACTING OFFICER'S AUTHORITY 1352.209-73 COMPLIANCE WITH THE LAWS 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST 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: CAROL A. WOOD, 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: NIST, 100 Bureau Drive, Gaithersburg, MD 20899 NIST LOCAL 04: BILLING INSTRUCTIONS (a) NIST prefers electronic Invoice/Voucher submissions and they should be emailed to INVOICE@NIST.GOV. (b) Each Invoice or Voucher submitted shall include the following: (1) Contract Number. (2) Contractor Name and Address. (3) Date of Invoice. (4) Invoice Number. (5) Amount of Invoice and Cumulative Amount Invoiced to-date. (6) Contract Line Item Number (CLIN). (7) Description, Quantity, Unit of Measure, Unit Price, and Extended Price of Supplies/Services Delivered. (8) Prompt Payment Discount Terms, if Offered. (9) Any other information or documentation required by the contract. (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: NIST: Accounts Payable Office 100 Bureau Drive, Mail Stop 1621 Gaithersburg, MD 20899-1621 (End of clause) 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. (End of clause) Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2015) (1) In accordance with Sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by the Consolidated and Further Continuing Appropriations Act, 2015 funding may be used to enter into a contract with any corporation that- (a) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where an awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government, or (b) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability...