Inactive

8/25/2022 - This solicitation was amended to add the attachment to respond to a question received from an intrested vendor. THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS PREPARED IN AC... 8/25/2022 - This solicitation was amended to add the attachment to respond to a question received from an intrested vendor. 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 13. SECTION 1 - INTRODUCTION This is an official Request for Quotation (RFQ) for the National Institute of Standards and Technology (NIST) under the authority of FAR Part 13. The Solicitation Number is NB1350002202233. The associated North American Industrial Classification System (NAICS) code for this procurement is 519130, Internet Publishing and Broadcasting and Web Search Portals, as those domestic sources having 1000 employees. This requirement is available for full and open competition. Background: The National Institute of Standards and Technology (NIST)/ Program Coordination Office (PCO) needs to renew its subscription for Incites, a customized, citation-based research evaluation tool that will enable them to conduct analyses on their productivity and benchmark their output against peers worldwide. They need a product that supplies all the data and tools that can easily produce targeted, customized reports and to conduct in-depth analyses of NIST’s role in research, as well as produce focused snapshots that showcase particular aspects of research performance. PCO needs to be able to: (1) pinpoint influential and emerging researchers and research trends; (2) showcase strengths and identify potential areas for growth; (3) set measurable goals; (4) allocate funds accurately and intelligently; (5) monitor collaboration activity and track new collaboration opportunities; (6) support accreditation activity, funding proposals, legislative agendas, and (7) plan a research strategy with metrics that can be tracked over time. The period of performance is for one-year from date of award. SECTION II – BRAND NAME JUSTIFICATION This is a brand name request for Clarivate Analytics' InCites, a web-based, multi-purpose platform and citation-based research analytics tools that enables multiple users to evaluate topics of interest, institutional or author productivity, and benchmark their output against peers in a national or international context since September 2012. The customized, citation-based research evaluation tool will enable them to conduct analyses on their productivity and benchmark their output against peers worldwide. A product is needed that supplies all the data and tools that can easily produce targeted, customized reports and to conduct in-depth analyses of NIST's role in research, as well as produce focused snapshots that showcase particular aspects of research performance. NIST needs to be able to: (1) pinpoint influential and emerging researchers and research trends; (2) showcase strengths and identify potential areas for growth; (3) set measurable goals; (4) allocate funds accurately and intelligently; (5) monitor collaboration activity and track new collaboration opportunities; (6) support accreditation activity, funding proposals, legislative agendas, and (7) plan a research strategy with metrics that can be tracked over time No other resource can offer the unique citation metrics provided in over 250 subject categories. Clarivate Analytics is the world-recognized authority for citation indexing and analysis, with years of Bibliometric expertise. The ISO needs a way to pinpoint influential and emerging researchers and research trends; showcase strengths and identify potential areas for growth; set measurable goals; allocate funds accurately and intelligently; monitor collaboration activity and track new collaboration opportunities; support accreditation activity, funding proposals, legislative agendas; and help with planning a research strategy with metrics that can be tracked over time. Clarivate Analytics' InCites is a tool that fits the need. One of the most critical requirements is that the tool must link with the Web of Science (WoS), which provides access to the world's leading citation databases; the NIST Research Library already subscribes to Clarivate Analytics' WoS database. Without access to the records found in WoS applicable to NIST research, users will not have the data to analyze. InCites adds a unique capability to the Web of Science database; both InCites and WoS are copyrighted and is not allowed to be sold by 3rd party vendors . This content is not available online through any other interface or vendor. SECTION III – CONTRACTOR REQUIREMENTS Vendor shall provide the following: 1. The solution must include the following features: An intuitive Web interface Metrics based on objective and respected data, including from the Web of Science Standard analytics and benchmark data Metrics on research performance, funding and reputation Customer-specific datasets and metrics Reporting functionality, summarization, and visualization Links to Web of Science records Ability to export data, reports and graphs in multiple for formats Ability to create PDFs to share and distribute Provide a search interface; Provide 24/7 electronic access to Incites from users’ desktops or anywhere within the NIST domain; Externally hosted database with IP authentication; Product should enable PCO to answer questions such as: How many papers did NIST/USA produce? What papers are most influential in which field? What authors are rising stars? How can I know individual researchers’ H-index? Or a department’s? How does NIST compare to peer institutions – or aspirational peers? What are the strongest fields at NIST? Which ones need improvement? What is the average citation rate at NIST? Or in selected fields? Who is collaborating with whom? And how often? How does NIST’s reputation compare to our output? And to our research income? SECTION IV – OFFER INSTRUCTIONS To be considered for award, the contractor shall submit a quotation by August 31, 2022, at 10:00 am Eastern Standard Time (EST) to Contracting Officer, Monica H. Brown, which, at a minimum, includes the following: a) A technical quotation containing: Detailed technical approach which clearly demonstrate that all the requirements can be achieved in accordance with the attached Statement of Work. The contractor may include any other information that it deems necessary to demonstrate the requirements can be achieved. All pages of each part shall be appropriately numbered and identified with the name of the offeror, the date, and the solicitation number. b) A Firm Fixed Price quotation for all requested item(s) meeting the requirements of the NIST requirements. All quotations must be in U.S. dollar. Including a copy of the Contractor’s commercial price list, or in the absence of a commercial price list, documentation showing the prices at which the same are sold to the contractor’s most favored customer. c) All questions must be submitted in writing no later than August 26, 2022 by 11:59 p.m. EST to Monica.Brown@nist.gov. d) All quotations shall indicate company unique entity identifier (UEI) number and CAGE code. e) Please limit the quotation to no more than ten (10) pages. f) All offerors shall provide documentation showing that they are resellers of what they are proposing or are the Manufacturer. g) All items must be quoted to be accepted for the award. h) If the Contractor objects to any of the terms and conditions contained in this solicitation, the contractor 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:” [Contractor shall list exception(s) and rationale for the exception(s)]. It is the sole responsibility of the Contractor to identify in their quote any exceptions to the terms and conditions of the solicitation. If the contractor does not include such a statement, the submission of a quotation in response to this solicitation will be regarded as the Contractor’s acceptance of the Government’s terms and conditions for inclusion into the resultant purchase order. SECTION V – ARRANGMENT OF QUOTATION Price – A firm- fixed-price for each CLIN. Offeror's SAM Unique Entity ID and POC information: name, telephone no., e-mail address Completed FAR 52.212-3, Offeror Representations and Certifications. Reps and certs must be uploaded to the System for Award Management at www.sam.gov SECTION VI – BASIS OF AWARD The Government will award a purchase order resulting from this solicitation to the responsible offeror whose quotation is technically acceptable, lowest price. The following factors shall be used to evaluate offers: 1. Technical capability (Meets or exceeds specifications). 2. Price (Price will be evaluated for reasonableness). An offers failure to address all requirements of the SOW may be considered indicative of the offerors lack of understanding of the Government’s requirements and may result in the offer being determined unacceptable. The Government does not intend to enter discussion and may award a purchase order on the basis of initial offers received, without discussions. Therefore, each initial quotation shall contain the offeror’s best terms. Nonetheless, the Government reserves the right to conduct discussions if it is in the best interest of the Government. SECTION VII – TERMS AND CONDITIONS The following provisions and clauses apply to this acquisition: The following FAR provisions and clause(s) apply to this acquisition. Full text is available at (https://www.acquisition.gov/). 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) 52.204-26, Covered Telecommunications Equipment or Services-Representation (Dec 2019) 52.212-4, Contract Terms and Conditions – Commercial Products and Commercial Services (Nov 2021) 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services (May 2022) (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 products and commercial services: (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 (NOV 2021) (Section 1634 of Pub. L. 115-91). (3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (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 products and commercial services: [Contracting Officer check as appropriate.] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021)(41 U.S.C. 4704 and 10 U.S.C. 2402). (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509). (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (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). (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (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) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a). (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021)) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). (13) [Reserved] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020)) (15 U.S.C. 644). (ii) Alternate I (MAR 2020) of 52.219-6. (iii) Alternate II (NOV 2011) of 52.219-6. (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020)) (15 U.S.C. 644). (ii) Alternate I (MAR 2020)) 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 (NOV 2021) (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 (JUN 2020) of 52.219-9. (v) Alternate IV (SEP 2021) of 52.219-9. (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)). (ii) Alternate I (MAR 2020) of 52.219-13. (19) 52.219-14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 657s). (20) 52.219-16, Liquidated Damages-Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)). (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021)) (15 U.S.C. 657f). (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (SEP 2021)) (15 U.S.C. 632(a)(2)). (ii) Alternate I (MAR 2020) of 52.219-28. (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (SEP 2021) (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 (SEP 2021) (15 U.S.C. 637(m)). (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)). (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s). (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755). (28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2022) (E.O. 13126). (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015). (30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246). (ii) Alternate I (FEB 1999) of 52.222-26. (31) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020)(38 U.S.C. 4212). (ii) Alternate I (JUL 2014) of 52.222-35. (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793). (ii) Alternate I (JUL 2014) of 52.222-36. (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212). (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). XX (35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (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). (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.) (37) (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.) (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN, 2016) (E.O. 13693). (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN, 2016) (E.O. 13693). (40) (i) 52.223-13, Acquisition of EPEAT(R) -Registered Imaging Equipment(JUN 2014) (E.O.s 13423 and 13514). (ii) Alternate I (OCT 2015) of 52.223-13. (41) (i) 52.223-14, Acquisition of EPEAT(R) -Registered Television (JUN 2014) (E.O.s 13423 and 13514). (ii) Alternate I (JUN 2014) of 52.223-14. (42) 52.223-15, Energy Efficiency in Energy-Consuming Products(MAY 2020) (42 U.S.C. 8259b). (43) (i) 52.223-16, Acquisition of EPEAT(R)-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514). (ii) Alternate I (JUN 2014) of 52.223-16. XX (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513). (45) 52.223-20, Aerosols (JUN, 2016) (E.O. 13693). (46) 52.223-21, Foams (JUN, 2016) (E.O. 13693). (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). (ii) Alternate I (JAN 2017) of 52.224-3. (48) 52.225-1, Buy American--Supplies (NOV 2021) (41 U.S.C. chapter 83). (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (NOV 2021) (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 (JAN 2021) of 52.225-3. (iii) Alternate II (JAN 2021) of 52.225-3. (iv) Alternate III (JAN 2021) of 52.225-3. (50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). (52) 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). (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150). (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150). (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021). (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C.4505, 10 U.S.C.2307(f)). (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021)(41 U.S.C. 4505, 10 U.S.C. 2307(f)). XX (58) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (OCT 2018) (31 U.S.C. 3332). (59) 52.232-34, Payment by Electronic Funds Transfer - Other Than System for Award Management (JUL 2013) (31 U.S.C. 3332). (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332). (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a). (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)). (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). (ii) Alternate I (APR 2003) of 52.247-64. (iii) Alternate II (NOV 2021) 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 products and commercial services: [Contracting Officer check as appropriate.] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67). (2) 52.222-42, Statement of Equivalent Rates for Federal Hires(MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). (3) 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). (4)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). (5)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). (6) 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). (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022). (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706). (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (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, as defined in FAR 2.101, on the date of award of this contract, 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 products or commercial services. 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 (NOV 2021) (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 (NOV 2021) (Section 1634 of Pub. L. 115-91). (iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015). (vii) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246). (viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). (ix) 52.222-36, Equal Opportunity for Workers with Disabilities(JUN 2020) (29 U.S.C. 793). (x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212). (xi) 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. (xii) 52.222-41, Service Contract Labor Standards (AUG 2018),(41 U.S.C. chapter 67). (xiii) (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (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 E.O. 13627). (xiv) 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). (xv) 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). (xvi) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989). (xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022). (xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706). (xix) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). (B) Alternate I (JAN 2017) of 52.224-3. (xx) 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). (xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 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 products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations. (End Of Clause) The following CAR provisions and clauses apply to this acquisition; full text is available at (https://www.federalregister.gov/articles/2010/03/08/2010-4132/commerce-acquisition-regulation-car#h-372). CAR 1352.201-70, Contracting Officer’s Authority; CAR 1352.209-73, Compliance with the Laws; CAR 1352.209-74, Organizational Conflict of Interest; CAR 1352.215-72, Inquires; CAR 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 FR 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: Monica Brown, 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, NW. Washington, DC 20230 FAX: (202) 482-5858. (End of clause) CAR 1352.237-71, Security Processing Requirement – Low Risk Contracts CAR 1352.239-71, Electronic and Information Technology As prescribed in 48 CFR 1339.270(a), insert the following provision: Electronic and Information Technology (APR 2010) (a) To be considered eligible for award, offerors must propose electronic and information technology (EIT) that meet the applicable Access Board accessibility standards at 36 CFR 1194 designated below: _X_ 1194.21 Software applications and operating systems __ 1194.22 Web-based intranet and internet information and applications ___ 1194.23 Telecommunications products ___ 1194.24 Video and multimedia products ___ 1194.25 Self-contained, closed products ___ 1194.26 Desktop and portable computers ___ 1194.31 Functional performance criteria __ 1194.41 Information, documentation and support (b) The standards do not require the installation of specific accessibility-related software or the attachment of an assistive technology device, but merely require that the EIT be compatible with such software and devices so that it can be made accessible if so required by the agency in the future. (c) Alternatively, offerors may propose products and services that provide equivalent facilitation. Such offers will be considered to have met the provisions of the Access Board standards for the feature or components providing equivalent facilitation. If none of the offers that meet all applicable provisions of the standards could be accepted without imposing an undue burden on the agency or component, or if none of the offerors propose products or services that fully meet all of the applicable Access Board's provisions, those offerors whose products or services meet some of the applicable provisions will be considered eligible for award. Awards will not be made to an offeror meeting all or some of the applicable Access Board provisions if award would impose an undue burden upon the agency. (d) Offerors must submit representation information concerning their products by completing the VPAT template at http://www.Section508.gov . (End of clause) NIST LOCAL-41, Software Licenses Addendum a) This Addendum incorporates certain terms and conditions relating to federal procurement actions. The terms and conditions of this Addendum take precedence over the terms and conditions contained in any license agreement or other contract documents entered into between the parties. Governing Law: Federal procurement law and regulations, including the Contract Disputes Act, 41 U.S.C. Section 601 et.seq., and the Federal Acquisition Regulation (FAR), govern the agreement between the parties. Litigation arising out of this contract may be filed only in those having jurisdiction over federal procurement matters. Attorney's Fees: Attorney's fees are payable by the federal government in any action arisin...