Inactive Total Small Business Set-Aside (FAR 19.5)

DESCRIPTION: 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 COMMERC... DESCRIPTION: 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 SEPARATE WRITTEN SOLICITATION DOCUMENT WILL NOT BE ISSUED. THE SOLICITATION IS BEING ISSUED USING SIMPLIFIED ACQUISITION PROCEDURES FOR CERTAIN COMMERCIAL ITEMS UNDER THE AUTHORITY OF FAR Part 13.5. This solicitation is a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2021-03 dated February 16, 2021. The associated North American Industrial Classification System (NAICS) code for this procurement is 332710 Machine Shops. The business size standard associated with the NAICS code is $500 employees. This acquisition is being competed as 100% small business set-aside. This is a combined synopsis/solicitation requirement for a contractor to provide as needed services for the repair of the National Institute of Standards and Technology (NIST) HVAC equipment and pumps. The Government intends to award one (1) Requirements 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 quote 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 Call 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. The DUNS # for the offeror’s active System for Award Management (SAM) registration. Offerors shall have an active registration at www.SAM.Gov to be considered for award. Offeror must respond to all applicable representation and certifications in SAM to include: FAR 52.209-5(a)(1)(i)(B); FAR 52.209-5 (a)(1)(i)(C); FAR 52.209-5(a)(1)(i)(D); FAR 52.209-11(b)(1); FAR 52.209-11 (b)(2); FAR 52.204-26(c) and 52.212-3(v). The Government will independently review this information. LIST OF ATTACHMENTS: The following documents and forms are hereby provided as attachments. The purpose of these attachments is for reference and to provide specification requirements to the Contractor for quotation purposes only. Attachment A: STATEMENT OF WORK (SOW) Schedule of Services Base Period: July 1, 2021 through June 30, 2022 CLIN 0001: Requirements contract for the repair of Pumps and HVAC equipment in accordance with the attached statement of work. Unit of Issue: LO Option Period I: July 1, 2022 through June 30, 2023 CLIN 1001: Requirements contract for the repair of Pumps and HVAC equipment in accordance with the attached statement of work. Unit of Issue: LO Option Period II: July 1, 2023 through June 30, 2025 CLIN 2001: Requirements contract for the repair of Pumps and HVAC equipment in accordance with the attached statement of work. Unit of Issue: LO Option Period III: July 1, 2025 through June 30, 2026 CLIN 3001: Requirements contract for the repair of Pumps and HVAC equipment in accordance with the attached statement of work. Unit of Issue: LO Option Period IV: July 1, 2026 through June 30, 2027 CLIN 4001: Requirements contract for the repair of Pumps and HVAC equipment in accordance with the attached statement of work. Unit of Issue: LO The maximum amount for this requirement shall not exceed $75,000.00 per year. The combined synopsis solicitation does not commit the Government to pay any cost for the preparation and submission of a quote. FAR 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS INSTRUCTIONS: System for Award Management (SAM) Registration 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 electronic quotations, via email, so that NIST receives them not later than 3:00 pm Eastern Time on March 19, 2021. E-mail quotations shall be submitted directly to the Contract Specialist at abdul-kudus.yahaya@nist.gov. 1352.215-72 INQUIRIES (APR 2010) Offerors must submit all questions concerning this solicitation in writing to (abdul-kudus.yahaya@nist.gov) . Questions must be received no later than 5 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, on the question responses included in the amendment to the solicitation will govern performance of the contract. (End of provision) Site Visit: An organized site is scheduled for: March 11 2021 at 10:00 am EST meeting in the entrance of Bldg. 301. Only one site visit will be conducted. The Government requests that the Company signature authority and the project manager attend this site visit. Please send a list of attendees with the following information: Name US Citizenship Company Name THIS INFORMATION IS REQUIRED BY 12:00PM EST on March 8 2021. This will enable visitor access requests to be made through the front gate. Personal Protective Equipment (PPE) for the visit include safety shoes, reflective vest, safety glasses, hardhat, and of course a mask. Please reference the RFQ number in the subject line of email communications. Offerors quotations shall not be deemed received by the Government until the quotation is entered in the e-mail inbox set forth above. Quotations shall conform to the instructions identified herein, and the evaluation factor submittal requirements. Furthermore, quotations shall consist of one attachment per part. Significant deviation may result in the possible exclusion of such quotation from further consideration or may be reflected in the overall evaluation of the quotation. Failure to comply with the terms and conditions of this RFQ may result in the Offeror's quotation being removed from consideration for award. The quotation must include page numbers and be clearly and concisely written. Submission of quotations in response to this solicitation assumes the Offeror agrees to all terms and conditions unless specifically noted in offeror's quotation. REQUIRED SUBMISSIONS General: To aid in evaluation, the quotation shall be clearly and concisely written as well as being neat, indexed (cross-indexed as appropriate) and be assembled according to the provisions in this section. All pages of each part shall be appropriately numbered and identified with the name of the Offeror, the date, and the solicitation number 1333ND21QNB190117. The Freedom of Information Act (FOIA) and its amendments have resulted in an increasing number of requests from outside the Government for copies of offeror qualifications and quotations submitted to Federal agencies. If an offeror's submissions contain information that they believe should be withheld from such requestors under FOIA on the grounds that they contain "trade secrets and commercial or financial information" [5 USC§552(b)(4)], the offeror shall mark its submissions in the following manner: The following notice should be placed on the title page: "Some parts of this document, as identified on individual pages, are considered by the submitter to be privileged or confidential trade secrets or commercial or financial information not subject to mandatory disclosure under the Freedom of Information Act. Material considered privileged or confidential on such grounds is contained on page(s) " Each individual item considered privileged or confidential under FOIA should be marked with the following notice: "The data or information is considered confidential or privileged and is not See co subject to mandatory disclosure under the Freedom of Information Act". All offerors shall submit the following: Volume 1 – Technical Proposal – must consist of: a. A cover sheet displaying: i. Company name, address, DUNS number and Cage code; ii. Name, title, phone number and email address of Company Officer with signature authority; iii. Solicitation number and Project Title. b. A technical narrative: E. Volume 2 – Price Proposal for Sample Task order – must encompass all costs associated with the requirements of the solicitation and must consist of: a. A cover sheet displaying: i. Company name, address, DUNS number and Cage code; ii. Name, title, phone number and email address of Company Officer with signature authority; iii. Solicitation number and Project Title. iv. A Subtotal price for each CLIN along with a Total Firm-Fixed price for the entire project. WHILE THE SAMPLE CALL ORDER MAY OR MAY NOT BE AWARDED, OFFERORS ARE REQUIRED TO PROVIDE A PRICE FOR EACH OF THE PARTS ON THE SAMPLE CALL ORDER WITH THEIR PROPOSAL. Sample Call Order Statement of Work (SOW) A supply fan has a failure reported at the AML complex at NIST Gaithersburg, MD. It was observed that the fan shaft and bearings have failed and as a result the fan scroll has been damaged. It is the Office of Personnel and Property Management (OFPM) desire to repair the fan as it is critical to the NIST research mission. Contractor shall pick-up the scroll and shaft assembly at the equipment location. The contractor shall at their shop weld damaged fan, balance the assembly and deliver it back to the equipment location. Contractor shall install new bearings, shaft (shim footprint of bearing(s) using steel shims, to ensure proper alignment of the shaft and scroll placement within fan housing), install repaired fan scroll, and install new bearing retainer plates. Contractor shall align the motor base and the base plate to ensure the existing motor is properly mounted to the base and ensure locking bolts are tightened properly. Install existing sheaves and belts. Align the pulleys and set the belt tension, run system for 15min. then recheck alignment and belt tension. Reinstall the belt guard to fit. Perform a vibration check on the motor and fan bearings. Vibration readings shall be the lowest in/sec achievable but not to exceed (3.0 ge) in value and log readings for baseline and provide a copy to Operations and Engineering Group (OEG) COR. The call orders may include but are not limited to the work described in Sample Call Order to repair of an existing Air Handling Unit (AHU) supply fan on the NIST site. All work shall be in conformance with the requirements of the contract and SOW including furnishing all materials, labor, tools, equipment, transportation, supervision, management and other services (including engineering/technical support). Evaluation Factors (i) Technical Factors The offeror shall demonstrate the following in accordance with both Statement of Works (Main Requirement SOW Attachment A and above sample order SOW): 1. Factor A – Offeror’s Technical Approach and In-House Facilities Offeror shall submit a technical proposal based on information provided in sample call order and attachment A SOW that demonstrates understanding of the requirement process for the repair of equipment, a list of in-house facility inventory, a list of in-house facility test equipment and capacities of in-house facility machine shop equipment required in providing services and deliverable required by this solicitation. 2. Factor B – Past Experience Offeror shall provide a list of similar five (5) projects which are or have been maintained or serviced by Offeror within the past three (3) years. List shall include company names, addresses, point of contact, email and their phone numbers. (ii) Price Offerors are required to provide a price for each of the parts on the Sample Call Order with their proposal. Pricing shall be submitted considering requirements of Sample Call Order. The Sample Call Order must be based on the offeror's own technical proposal, and the requirements within the Sample Call Order SOW. EVALUATION CRITERIA AND BASIS FOR AWARD The Government intends to award one (1) Requirements Contract resulting from this solicitation to the responsible offeror whose quote will provide the Government with the best value, based upon an assessment of proposal against technical evaluation factors and price. In making the best value determination, all non-price factors, individually and when combined, are significantly more important than price. 1. Factor A – Offeror’s Technical Approach and In-House Facilities The Government will evaluate the extent to which the offeror has demonstrated the technical approach and in-house facilities capability to successfully perform these services, and demonstrated a feasible technical approach to successfully perform and manage the required tasks while ensuring that all deliverable schedule requirements are met. Offeror must clearly demonstrate compliance with the evaluation factors and the solicitation. 2. Factor B – Past Experience The Government will evaluate past experience to determine the overall quality of services and products, timeliness of performance and customer satisfaction provided. Offeror must clearly demonstrate compliance with the evaluation factor and the solicitation. 3. Price The Government will evaluate price for reasonableness. As the technical evaluation factors become more equal among offerors, price shall become more of a determining factor. The Government reserves the right to make an award to other than the lowest priced offerors or to the offers with the highest technical score if the Contracting Officer determines that to do so would result in the best value to the Government. PROVISIONS AND CLAUSES The following provisions and clauses apply to this acquisition and are hereby incorporated by reference. All FAR clauses may be viewed at http://acquisition.gov/comp/far/index.html. All CAR clauses may be viewed at http://farsite.hill.af.mil/VFCARA.HTM APPLICABLE PROVISIONS AND CLAUSES The following provisions and clauses are applicable to the subject solicitation. FAR Provisions and Clauses: 52.252-1 Solicitation Provisions Incorporated by Reference This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/?q=browsefar (End of provision) 52.252-2 CLAUSES INCORPORATED BY REFERENCE This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address: https://www.acquisition.gov/?q=browsefar Provisions 52.212-1 Instructions to Offerors - Commercial Items 52.203-18 - Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment 52.204-26 Covered Telecommunications Equipment or Services-Representation 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation 52.209-5 - Certification Regarding Responsibility Matters 52.212-3 Offeror Representations and Certifications-Commercial Items 52.219-1 - Small Business Program Representations 52.222-25 - Affirmative Action Compliance Clauses 52.202-1 – Definitions 52.203-3 – Gratuities 52.203-12 - Limitation on Payments to Influence Certain Federal Transactions 52.204-4 - Printed or Copied Double-Sided on Postconsumer Fiber Content Paper 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 (JAN 2021))-- including subparagraphs: 52.203-6 Restrictions on Subcontractor Sales to the Government 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards 52.209-6 Protecting the Government`s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment 52.209-9-Updates of Publicly Available Information Regarding Responsibility Matters 52.219-6 Notice of Total Small Business Set Aside 52.219-8 Utilization of Small Business Concerns 52.219-13 - Notice of Set-Aside of Orders 52.219-14 - Limitations on Subcontracting 52.219-28 Post Award Small Business Program Representation 52.222-3 Convict Labor 52.222-19 Child Labor--Cooperation with Authorities and Remedies 52.222-21 Prohibition of Segregated Facilities 52.222-26 Equal Opportunity 52.222-35 - Equal Opportunity for Veterans 52.222-36 - Equal Opportunity for Workers with Disabilities 52.222-37 - Employment Reports on Veterans 52.222-50 Combatting Trafficking in Persons 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving 52.225-1 Buy American--Supplies 52.225-13 Restrictions on Certain Foreign Purchases 52.232-33 Payment by Electronic Funds Transfer-System for Award Management 52.203-19 - Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements 52.204-23 Prohibition on Contracting for Hardware, Software and Services Developed or Provided by Kaspersky Lab and Other Covered Entities 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment 52.209-10 - Prohibition on Contracting with Inverted Domestic Corporations 52.233-3, Protest After Award 52.233-4 - Applicable Law for Breach of Contract Claim 52.232-17 - Interest 52.232-23 - Assignment of Claims 52.233-1 - Disputes 52.242-13 - Bankruptcy 52.246-25 - Limitation of Liability – Services 52.216-1 TYPE OF CONTRACT (APR 1984) The Government contemplates award of a Requirements Contract resulting from this solicitation. (End of provision) 52.217-5 EVALUATION OF OPTIONS (JULY 1990) Except when it is determined in accordance with FAR 17.206(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). (End of provision) 52.216-21 REQUIREMENTS (OCT 1995) (a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule. (d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract. (e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source. (f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after December 31, 2027. 52.217-4 EVALUATION OF OPTIONS EXERCISED AT TIME OF CONTRACT AWARD (JUNE 1988) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate the total price for the basic requirement together with any option(s) exercised at the time of award. (End of provision) 52.216-19 Order Limitations. (OCT 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than ___$2,000.00__________ [insert dollar figure or quantity], the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor- (1) Any order for a single item in excess of ___$375,000.00__________ [insert dollar figure or quantity]; (2) Any order for a combination of items in excess of __$375,000.00 [insert dollar figure or quantity]; or (3) A series of orders from the same ordering office within _____2________ days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within ___1__ days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of clause) 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989) The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree. (End of clause) 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 _15 days of the contract expiration. (End of clause) 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 15 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed FIVE years. (End of clause) CAR Provisions and Clauses: Department of Commerce Acquisition Regulation (CAR) clauses. - http://farsite.hill.af.mil/vfcara.htm 1352.201-70 CONTRACTING OFFICER’s AUTHORITY The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price. (End of clause) 1352.209-73 COMPLIANCE WITH THE LAWS The contractor shall comply with all applicable laws, rules and regulations which deal with or relate to performance in accord with the terms of the contract. (End of clause) 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (a) Purpose. The purpose of this clause is to ensure that the contractor and its subcontractors: (1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work under this contract, and (2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract. (b) Scope. The restrictions described herein shall apply to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest (hereinafter collectively referred to as “contractor”) in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both. (c) Warrant and Disclosure. The warrant and disclosure requirements of this paragraph apply with full force to both the contractor and all subcontractors. The contractor warrants that, to the best of the contractor’s knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the contractor has disclosed all relevant information regarding any actual or potential conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor’s impartiality because of the appearance or existence of bias or an unfair competitive advantage. Such disclosure shall include a description of the actions the contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest. (d) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the contract for default, suspend or debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract. (e) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and (g), in any subcontract or consultant agreement at any tier expected to exceed the simplified acquisition threshold. The terms “contract,” “contractor,” and “Contracting Officer” shall be appropriately modified to preserve the Government’s rights. (f) Prime Contractor Responsibilities. The contractor shall obtain from its subcontractors or consultants the disclosure required in FAR Part 9.507-1, and shall determine in writing whether the interests disclosed present an actual, or significant potential for, an organizational conflict of interest. The contractor shall identify and avoid, neutralize, or mitigate any subcontractor organizational conflict prior to award of the contract to the satisfaction of the Contracting Officer. If the subcontractor’s organizational conflict cannot be avoided, neutralized, or mitigated, the contractor must obtain the written approval of the Contracting Officer prior to entering into the subcontract. If the contractor becomes aware of a subcontractor’s potential or actual organizational conflict of interest after contract award, the contractor agrees that the Contractor may be required to eliminate the subcontractor from its team, at the contractor’s own risk. (g) Waiver. The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the contractor may at any time seek a waiver from the Head of the Contracting Activity by submitting such waiver request to the Contracting Officer, including a full written description of the requested waiver and the reasons in support thereof. (End of clause) 1352.233-70 AGENCY PROTESTS (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: Abdul-Kudus Yahaya, 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 Ave...