Automated Sample Preparation System

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 13.5 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) 2020-07, dated July 2, 2020. 1352.215-72 INQUIRIES (APR 2010) Offerors must submit all questions concerning this solicitation in writing to the Contract Specialist ([email protected]). Questions should be received no later than five calendar days (July 14, 2020 at 10:00am) 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) The associated North American Industrial Classification System (NAICS) code for this procurement is 334516 with a small business size standard of 1000 employees. This is a set-aside for small business. All offerors shall provide a firm-fixed-price quotation in the following pricing table format: Contract Line Item Number (CLINs) TOTAL CLIN 0001 – STATEMENT OF WORK BACKGROUND INFORMATION The SRM 3100 Series Single-Element Solutions are certified single-element solutions primarily used as calibrant solutions for spectrometric analyses and are the primary source of SI traceability for elemental analysis measurements made world-wide. These materials provide a short, clear traceability chain to the SI, have very small uncertainties associated with their assigned mass fractions, and are stable for long periods of time. These solutions are mainly stored in a sealed borosilicate glass ampoule in a 10% nitric acid solution, with the exception of solutions containing hydrofluoric acid being stored in high-density polyethylene bottles. The 3100s are certified with a mass fraction value around 10 mg/g for the single element. Certifications are completed using High-Performance Inductively Coupled Plasma Optical Emission Spectrometry (HP-ICP-OES) with exact matching. HP-ICP-OES is a gravimetrically prepared and drift corrected procedure that involves the use of a single-point calibration method. The method is a ratio-based experimental design that compares the analyte-to-internal standard ratio of well-known calibrants against the analyte-to-internal standard ratio of the unknowns to determine the mass fraction of the unknowns. In order to for the ratio comparison to be accomplished, the analyte and internal standard emissions are measured simultaneously. Gravimetric preparation of the samples allows the analyst to compare the mass fractions of calibrants to the mass of fractions of the unknown using ratios. Gravimetric preparation provides a clear and easily defensible chain of traceability to the International System of Units (SI), which is critical to these materials. Exact matching is a multistep dilution process where analytes are diluted down to a target mass fraction capable of running on the instrument. The goal is to match the analyte mass fractions, internal standard mass fractions, and matrix compositions of the calibrants to the sample/unknown solutions so that they are nearly identical to one another. Exact matching has been shown to drastically improve the results of HP-ICP-OES analyses and reduce expanded uncertainties of the mass fractions for the analytes. The sample preparation process is completed manually and gravimetrically by one analyst. During the certification and stability check process, the SRM samples are diluted gravimetrically down to a mass fraction value of roughly 1.0 mg/g to match nominal mass fraction of the calibrants. Then SRM samples, control (if present), and calibrants are spiked gravimetrically with an internal standard and finally gravimetrically diluted once or twice to a final mass fraction value that is capable of being measured by the instrument. The dilutions and spiking of solutions must be completed using a specific target mass for each individual sample in order to follow the exact matching guidelines. This sample preparation has a tolerance for how closely target masses must be hit. A range of tolerances between 1 mg and 4 mg for masses 0.1 g to 65 g respectively is a requirement for maintaining the low level of uncertainty that is one of the primary characteristics of the 3100 series materials. All the dilutions are carried out in 60 mL Nalgene narrow-mouth 2003-0002 LDPE bottles. Our in-house calibrants known as NPS solutions are also stored in these bottles. These bottles have been shown to keep solutions stable in storage over extended period of time and have been well characterized over the decades that the 3100 series program has been in existence. Therefore, any purchased product must be compatible with preparation in these containers. The SRM 3100 Series Single-Element Solutions serve as crucial part in elemental determinations in the research and industry markets. This is due their small relative uncertainty and short chain of traceability to the SI. Both of these aspects would not be possible without the use of gravimetric sample preparation and the use of HP-ICP-OES with exact matching. Therefore, it is critical to Inorganic Chemical Metrology Group that an automated sample preparation system completes all tasks required gravimetrically while also maintaining the current uncertainty that is met by the manual sample preparation method. The Inorganic Chemical Metrology Group is in the market for an automated sample preparation system to be used in the certification and maintenance of the SRM 3100 Series Single-Element Solutions. The current sample preparation is a gravimetric weighing process that is completed by one analyst manually. This process is both time consuming and is highly susceptible to mistakes, such as over diluting. Much of the precision in this method relies on the consistency of the analyst’s abilities. SCOPE OF WORK The Contractor shall provide a sample preparation system, install the instrument and provide training. SPECIFICATIONS System Requirements: Must be able to dilute by mass. Dilution by volume and conversion to mass using some method such as density determination is not acceptable. The entire process must be gravimetrically controlled by the balance The preparation mechanism must be able to respond dynamically to the amount of solution added rather than setting a target mass and dispensing a set amount of solution without checking that the solution added matches the target mass. Must use an analytical balance for weighing samples. A top loader will not be acceptable. Balance must have at least a readability of 0.0001 g Must be able to dilute each individual sample to a target mass that varies from sample to sample During dilutions, the balance must be a closed system not exposed to the environment The system must be able to complete dilutions autonomously. Having the analyst hold the diluting mechanism is not acceptable When diluting to a target mass, the range of tolerances for solution added must be between 1 mg and 4 mg for target masses from 0.1 g to 65 g. Must be able to deposit solution into Nalgene narrow-mouth 60 mL HDPE/LDPE bottles (catalog number 2003-0002 for LDPE and 2002-0002 for HDPE) Additional consideration would be given to a product that has an autosampler rack capable of handling the above containers. The use of a sealable lab bag for a sample holder is not acceptable Dilution mechanism must be able to add mass to a minimum of 0.1 mg. Dilutions and spiking must be completed in a single mass recording. If during dilutions the system is only capable of adding a small amount of solution to sample in one trip, it may add in internal standard or diluent several times to reach a single target mass. However, this method must not increase the overall uncertainty of the sample preparation to a value that is larger than the uncertainty that is currently acceptable from manual sample preparation. The system cannot be susceptible to memory effects, that is the parts in contact with samples much be resistant to corrosion by acids and absorption of/reaction with elements in the 3100 series of SRMs. Must be able to handle acids of up to 15 % nitric acid mass fraction, up to 10 % hydrochloric acid, and in some cases a mix of nitric and 4 % hydrofluoric acid or a mix of nitric acid and 4 % hydrochloric acid The list of current elements in the SRM 3100s can be found here: https://www-s.nist.gov/srmors/viewTableV.cfm?tableid=39 Must have parts that are removable for cleaning or total replacement The system must have software capable of interfacing with Microsoft Excel to output measured masses into a worksheet. The ability to take values from Microsoft Excel worksheets as input masses for dilutions is desirable. Must facilitate safe storage and handling of solvents, samples and waste solutions The balance used in the system must be capable of manual use so that a manual preparation mirroring the automated sample preparation can be performed on the same balance. The balance must be able to communicate with the pipetting mechanism in order to always hit the target mass without estimating If preparation times are long enough for evaporation (of an aqueous acid solution at room temperature) to be a significant source of uncertainty, the system must then cap the solutions and/or keep them in an enclosed environment that is not susceptible to humidity and temperature changes Installation: The Contractor shall install the instrument in Building 227, Room A362, at NIST Gaithersburg, MD. Installation shall include, at a minimum, uncrating/unpacking of all equipment, set-up and hook-up of all equipment, start-up, demonstration of specifications, and removal of all trash. Instrument will operate to manufacturer’s specifications upon installation. Installation will take place during normal business hours, between 8:30 am and 5:00 pm Eastern Time, Monday through Friday except Federal Holidays, and will be coordinated with the NIST Technical Point of Contact (TPOC). Installation is to occur within 90 days of award. Warranty: The Contractor shall provide, at a minimum, a one-year warranty for the equipment. The warranty shall cover all parts, labor and travel. The warranty shall commence upon successful completion of delivery, installation, training and demonstration of all required specifications. Training: Include training at NIST for up to 2 NIST personnel covering normal operation, troubleshooting, and routine maintenance. Training will be provided during normal business hours, between 8:30am and 5:00pm Eastern Time, Monday through Friday, except Federal Holidays, and will be coordinated with the NIST Technical Point of Contact (TPOC) to ensure maximum availability of NIST personnel. Training is to occur within 10 days of installation. The training may be completed on-site at NIST immediately after installation and demonstration of specifications. PERIOD OF PERFORMANCE Delivery and installation of instrument 90 days after award; training 105 days after award. PLACE OF PERFORMANCE All work shall be completed at the Contractor’s facility. Installation and training shall be accomplished at NIST, Gaithersburg, Maryland. Normal duty hours are Monday through Friday, 8:30 a.m. to 5:00 p.m. with the exception of Federal holidays. DELIVERABLES Description Quantity Due Date Analytical instrument One (1) 90 days after award Installation Once 90 days after award Operations and maintenance manual One (1) 90 days after award Training of NIST personnel at NIST, Gaithersburg, MD Once 15 days after installation. ACCEPTANCE CRITERIA The Contractor shall demonstrate that all performance specifications are met. GENERAL INFORMATION Safety: The Contractor employee shall be responsible for knowing and complying with commercial installation safety prevention regulations. Such regulations include, but are not limited to, general safety, fire prevention, and waste disposal. Security: NIST is a restricted campus. An identification badge is required for access for entry into buildings and also is shown to the armed Security Police when entering the campus. Identification Badges: Contractor employees shall comply with NIST identification and access requirements. The Contractor shall provide the name and citizenship information of employees for on-site visits to the NIST Technical Point of Contact (TPOC) prior to arrival. The TPOC will submit the name(s) and citizenship information to the NIST Office of Security in order for a given Contractor employee to enter the NIST campus. The Contractor employee is responsible for absences due to missing or expired identification and access documents. Each Contractor employee shall wear a visible identification badge provided by the NIST Security Office. Vehicle Registration: All Contractor employees must register their vehicles with the NIST Security Office to gain access to the campus. A valid driver’s license, Government-furnished civilian ID (which in most cases can be a valid driver's license), proof of insurance and current registration must be presented to the NIST Security Office. 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 10:00am Eastern Time on August 6, 2020 . E-mail quotations shall be submitted directly to the Contract Officer at [email protected] . Format and Content. Volume I shall include the following: The solicitation number (NB646010-20-02620); The name, address, e-mail addresses and telephone numbers of the Quoter; Names, titles, and telephone numbers of persons authorized to negotiate on the Quoter's behalf with the Government in connection with this solicitation; Name, title, and signature of person authorized to sign the quotation. Quotations signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office; Any other business or administrative information that the Quoter wishes to include in its quotation. The DUNS Number for the quoters active registration at the System for Award Management, (www.SAM.Gov) website. Quoters must have an active registration at www.SAM.gov to be considered for award. If the quoters representations and certifications do not reflect the NAICS code governing this solicitation, quoters must submit documentation of their business size under the NAICS code governing this solicitation. Acceptance Period - The acceptance period by the Quoter shall not be less than 9 0 days Evaluation Factors: Award will be made to the offeror whose quotation offers technically acceptable, lowest priced quotation. 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 PROVISIONS FAR 52.204-7 , System for Award Management (OCT 2016) FAR 52.204-16 , Commercial and Government Entity Code Reporting (JUL 2016) FAR 52.204-17 , Ownership or Control of Offeror (JUL 2016) FAR 52.204-18 Commercial And Government Entity Code Reporting (JUL 2016) FAR 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations- Representation (NOV 2015) FAR 52.225-25 , Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran (OCT 2015) FAR 52.204-20 Predecessor Of Offeror (JUL 2016) (a) Definitions. As used in this provision-- Commercial and Government Entity (CAGE) code means-- (1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or (2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code. Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor. Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances. (b) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last three years. (c) If the Offeror has indicated "is" in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order): Predecessor CAGE code: (or mark "Unknown"). Predecessor legal name: . (Do not use a "doing business as" name). (End of provision) FAR 52.209-11 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2015) 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- 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 Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. The Offeror represents that, as of the date of this offer- It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (End of provision) FAR 52.212-3 Offeror Representations and Certifications -- Commercial Items (Nov 2017) The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision. CLAUSES FAR 52.204-13 , System for Award Management Maintenance (OCT 2016) FAR 52.204-18 , Commercial and Government Entity Code Maintenance (JUL 2016) FAR 52.204-19 , Incorporation by Reference of Representations and Certifications; FAR 52.212-4 , Contract Terms and Conditions—Commercial Items (JAN 2017) FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (JAN 2018) FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items. Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (Jan 2018) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (3) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (4) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: __ (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 2016) (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. (Oct 2015) (31 U.S.C. 6101 note). __ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). __ (10) [Reserved]. __ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). __ (ii) Alternate I (Nov 2011) of 52.219-3. __ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (ii) Alternate I (Jan 2011) of 52.219-4. __ (13) [Reserved] XX(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 (Nov 2016) (15 U.S.C. 637(d)(2) and (3)). __ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Nov 2016) of 52.219-9. __ (iii) Alternate II (Nov 2016) of 52.219-9. __ (iv) Alternate III (Nov 2016) of 52.219-9. __ (v) Alternate IV (Nov 2016) 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—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). XX (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f). __(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)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). __ (ii) Alternate I (JAN 2017) of 52.224-3. __ (46) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83). _ XX _ (47)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. 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. _ XX _ (48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). XX (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). __ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). __ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). XX (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). __ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(12)). __ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). __ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495). __(2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67). __ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67). __ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). __ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). __ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). __ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause— (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015) (vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). (vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212) (x) 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. (xi) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). (xii) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627). (xiii) 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). (xiv) 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). (xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989). (xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xvii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706). (xviii)(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (B) Alternate I (Jan 2017) of 52.224-3. (xix) 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). (xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) FAR 52.232-39 , Unenforceability of Unauthorized Obligations (JUN 2013) FAR 52.232-40, Providing Accelerated Payment to Small Business Subcontractors (DEC 2013) FAR 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) FAR 52.247-35 F.O.B. Destination, Within Consignee’s Premises (APR 1984) FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://farsite.hill.af.mil/vffara.htm (End of clause) CAR PROVISIONS & CLAUSES FULL TEXT CAN BE ACCESSED AT: http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl CAR 1352.201-70 , Contracting Officer's Authority (APR 2010) CAR 1352.209-73 , Compliance with the Laws (APR 2010) CAR 1352.209-74 Organizational Conflict of Interest (APR 2010) CAR 1352.246-70 Place of Acceptance (APR 2010) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract. The place of acceptance will be: 100 Bureau Drive, 216/B157, Gaithersburg, MD. 20899-0001. (End of clause) 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: Stephanie Kelly, 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 1352.233-71 , GAO and Court of Federal Claims Protests; (a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed. (b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims. (c) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, NW. Washington, DC 20230 FAX: (202) 482-5858. (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) NIST LOCAL-54 ELECTRONIC BILLING INSTRUCTIONS NIST requires that Invoice/Voucher submissions are sent electronically via email to [email protected]. Each Invoice or Voucher submitted shall include the following: (1) Contract number; (2) Contractor name and address; (3) Unique entity identifier (see www.sam.gov for the designated entity for establishing unique entity identifiers); (4) Date of invoice; (5) Invoice number; (6) Amount of invoice and cumulative amount invoiced to-date; (7) Contract Line Item Number (CLIN); (8) Description, quantity, unit of measure, unit price, and extended price of supplies/services delivered; (9) Prompt payment discount terms, if offered; and (10) Any other information or documentation required by the contract. (End of Clause)