HID 7500 Real-Time System

THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS PREPARED IN ACCORDANCE WITH THE FORMAT IN FEDERAL ACQUISITION REGULATION (FAR) SUBPART 12.6-STREAMLINED PROCEDURES FOR EVALUATION AND SOLICITATION FOR COMMERCIAL ITEMS-AS SUPPLEMENTED WITH ADDITIONAL INFORMATION INCLUDED IN THIS NOTICE. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTATIONS ARE BEING REQUESTED. This solicitation is a Request for Quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2019-03 effective July 12, 2019. The associated North American Industrial Classification System (NAICS) code for this procurement is 334516 with a small business size standard of 1,000 employees. This acquisition is being procured as a Brand Name Only. Brand Name: The HID 7500 Real-Time System, manufactured by Life Technologies Corporation, is the only instrument that meets all specifications identified in the statement of requirements. Other models researched do not accommodate a 96-well format, do not support five colors/filters or do not operate with a tungsten-halogen lamp. The Applied Genetics Group in the Biomolecular Measurement Division of NIST performs fundamental and applied research on the measurement of macromolecules such as proteins and nucleic acids, as well as peptides, glycans, metabolites, lipids, and natural products. The Division provides measurement science, reference materials, reference data, and technologies to foster innovation and confidence in measurements needed to advance biotechnology, DNA forensics, biomedical and bioscience research, and health care. The Applied Genetics Group is responsible for aiding current manufactures of quantitative PCR typing kits by beta testing all current and future commercialized qPCR typing kits on the market, development of new standardized protocols within the forensic community, and aid in the development of educational material for validation and DNA typing discussions with members of the forensic community. This instrument will be essential in providing data for analysis within projects pertaining to DNA biometric, cell line authentication, DNA Standard Reference Material production, variant allele sequencing, and human identification kit testing. Responsible quoters shall provide a quotation for all of the following line items. All equipment must be new. Used or remanufactured equipment shall not be considered for award. LINE ITEM 0001: QTY 1 EACH, LIFE TECHNOLOGIES 7500 HID REAL0-TIME SYSTEM meeting all of the required specifications: Specifications: • Must have at a minimum five color detection easily calibrated without the need of new filter sets (5 emission filters and 5 excitation filters) • Must have the HID Real-Time PCR Analysis Software (v1.2 or higher) • Must have advanced optical multi-componenting algorithm to minimize spectral cross talk • Must allow high sensitivity for the following ranges or dyes: FAM, SYBR Green, VIC, JOE, NED, TAMRA, Cy3, ROX, Texas Red, and Cy5 • Must have a sensitivity of 1 copy of RNase P gene (human genomic DNA) • Must have a Tungsten-halogen lamp • Must allow for a 96-well plate format • Must have a sample ramp rate of ± 1.1 °C per second • Must be designed to work with a Dell Workstation for instrument operation and data analysis providing necessary platform for receiving data from the instrument at a high rate • The system must include an operations and maintenance manual covering proper operation, routine maintenance, and troubleshooting for the instrument, controlling computer, and software. o The manual may be supplied in hard copy or electronic format (or both). LINE ITEM 0002: INSTALLATION The Contractor shall deliver and install the instrument in Building 227, Room 257 at NIST Gaithersburg, Maryland. The Contractor shall deliver the instrument within 120 days of award. F.O.B. Destination. Installation shall include, at a minimum, uncrating/unpacking of all equipment, set-up and hook-up of all equipment, start-up, and removal of all trash. Instrument will operate to manufacturer's specifications upon installation. Installation must be coordinated with the NIST Technical Point of Contact (TPOC) that will be identified at the time of award. Installation must occur within 30 days of delivery. LINE ITEM 0003: TRAINING The Contractor shall schedule and facilitate training, onsite at NIST Gaithersburg, Maryland. Training shall provide a thorough demonstration of specifications, all equipment functions, equipment operation and troubleshooting. Training shall be coordinated with the NIST Technical Point of Contact (TPOC) to ensure maximum availability of NIST personnel. The training must be completed on-site at the NIST within 30 days after installation and demonstration of specifications. LINE ITEM 0004: WARRANTY The Contractor shall provide, at a minimum, a one-year warranty for the equipment. The warranty shall cover all parts, labor and travel necessary to ensure that the instrument is operating in accordance with the manufacturer's specifications. Warranty shall include all hardware and software updates, and a minimum of one preventive maintenance service. All work to be completed on site at NIST Gaithersburg, Maryland. Response time to warranty issues shall not exceed two business days from notice of required maintenance. Technical support shall be available by telephone during business hours (at minimum, 8 AM to 5 PM, Monday through Friday, Eastern Time Zone). The warranty shall commence upon acceptance by NIST which will occur after delivery, installation, demonstration of compliance with specifications and training. LINE ITEM 0005: OPTION YEAR 1. Preventative Maintenance Service The contractor shall perform preventative maintenance service, dye calibration and repairs for the instrument at the expiration of the one-year warranty period. During the preventative maintenance service, the contractor shall inspect the instrument for necessary repairs, replace hardware parts as necessary, clean, tune and calibrate the instrument. Preventative Maintenance/Repair Services shall: 1. Provide all labor, travel, and parts necessary for preventative maintenance /repairs for this equipment. 2. Provide on-site service for all required repairs not later than 48 hours from the date the repair call is placed with the Contractor. 3. Provide unlimited, technical phone support. 4. Provide one preventative maintenance service visit per year. 5. Provide unlimited, on-site repair visits to repair instrumentation to an operating condition and minimize downtime. LINE ITEM 0006: OPTION YEAR 2. Preventative Maintenance Service The contractor shall perform preventative maintenance service, dye calibration and repairs for the instrument at the expiration of option year 1. During the preventative maintenance service, the contractor shall inspect the instrument for necessary repairs, replace hardware parts as necessary, clean, tune and calibrate the instrument. Preventative Maintenance/Repair Services shall: 1. Provide all labor, travel, and parts necessary for preventative maintenance /repairs for this equipment. 2. Provide on-site service for all required repairs not later than 48 hours from the date the repair call is placed with the Contractor. 3. Provide unlimited, technical phone support. 4. Provide one preventative maintenance service visit per year. 5. Provide unlimited, on-site repair visits to repair instrumentation to an operating condition and minimize downtime. LINE ITEM 0007: OPTION YEAR 3. Preventative Maintenance Service The contractor shall perform preventative maintenance service, dye calibration and repairs for the instrument at the expiration of option year 2. During the preventative maintenance service, the contractor shall inspect the instrument for necessary repairs, replace hardware parts as necessary, clean, tune and calibrate the instrument. Preventative Maintenance/Repair Services shall: 1. Provide all labor, travel, and parts necessary for preventative maintenance /repairs for this equipment. 2. Provide on-site service for all required repairs not later than 48 hours from the date the repair call is placed with the Contractor. 3. Provide unlimited, technical phone support. 4. Provide one preventative maintenance service visit per year. 5. Provide unlimited, on-site repair visits to repair instrumentation to an operating condition and minimize downtime. PERIOD OF PERFORMANCE The period of performance shall be 180 days from award and includes delivery, installation, demonstration and training. Period of performance for the options begins after expiration of the warranty period. Delivery terms shall be FOB Destination. The Contractor shall pack and mark the shipment in conformance with carrier requirements, deliver the shipment in good order and condition to the point of delivery specified in the purchase order, be responsible for loss of and/or damage to the goods occurring before receipt and acceptance of the shipment by the consignee at the delivery point specified in the purchase order; and pay all charges to the specified point of delivery. Delivery, installation and training shall be completed during normal business hours at the following address: National Institute of Standards and Technology 100 Bureau Drive Gaithersburg, Maryland 20899 Normal business hours at the NIST are Monday through Friday, 8:30 a.m. to 5:00 p.m. Eastern Time except for Federal holidays or other official closures. GENERAL INFORMATION Safety: The Contractor employee shall be responsible for knowing and complying with NIST installation safety prevention regulations (http://www-i.nist.gov/mml/safety/policies/index.htm.) 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 is shown to the armed guards when entering the campus. Identification Badges: Contractor employees shall comply with NIST identification and access requirements. The Contractor employee is responsible for absences due to expired identification and access documents. Each Contractor employee shall wear a visible identification badge provided by the NIST Security Office. The badge must show the full name, title, and if required by NIST, the words "Contractor" in front. The Contractor employee shall turn in the NIST identification badge and vehicle pass to the TPOC, COR, or Contracting Officer (CO) upon termination of their services under this contract. 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, proof of insurance and current registration must be presented to the NIST Security Office, at which time a NIST vehicle pass will be issued. The pass shall be displayed on the vehicle's rear-view mirror in accordance with instructions. The Contractor employee shall follow NIST procedures for removal and turn-in of the vehicle pass upon termination of services under this contract. ACCEPTANCE CRITERIA AND PAYMENT SCHEDULE Final acceptance by the Government shall be granted after confirmation that the equipment meets all requirements of the statement of requirements, including installation and training. The warranty shall not commence until final acceptance has been granted by the Government. Should any deficiencies be noted prior to final acceptance, the Contractor will be notified and provided the opportunity to correct all deficiencies, at their expense, in accordance with the commercial terms and conditions of the contract. The Contractor shall be paid in one lump sum payment for the required HID 7500 Real-Time System and quarterly in arrears for maintenance upon submission of a proper invoice, and acceptance by the Government. Partial payments shall not be authorized. EVALUATION CRITERIA AND BASIS FOR AWARD The Government will award a purchase order resulting from this solicitation to the responsible quoter whose quotation, conforming to the solicitation, is the lowest priced, technically acceptable. Technically acceptable means that the Contractor provides a quotation that meets all requirements of this combined synopsis/solicitation. Price will be evaluated to determine that the total price is consistent with the technical portion of the quotation and is a fair and reasonable overall price to the Government. REQUIRED SUBMISSIONS All quoters shall submit the following within their quotation: 1) A firm-fixed price, FOB Destination price quotation, which addresses all line items. 2) One electronic copy of technical description and/or product literature and maintenance plan. Quoters shall include the manufacturer, make and model of the product, manufacturer sales literature or other product literature which CLEARLY DOCUMENTS that the offered product meets or exceeds the required specifications stated herein. It is the responsibility of the quoter to ensure that all specifications are clearly documented; 3) If product literature does not address any given specification, a discussion of how the Contractor will meet or exceed that required specifications. Modifications to the quoted system must be discussed; 4) Details of the proposed warranty; 5) The timeline for delivery; 6) This is an Open-Market Combined Synopsis/Solicitation for equipment, as defined herein. The Government intends to award a Purchase Order resulting from this Combined Synopsis/Solicitation that will include the terms and conditions that are set forth herein. In order to facilitate the award process, ALL quotes shall include a statement regarding the terms and conditions herein as follows: a. The quoter shall state "The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition." OR b. The quoter shall state "The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:" Quoter's shall list exception(s) and rationale for the exception(s) Please note that this procurement IS NOT being conducted under the GSA Federal Supply Schedule (FSS) program or another Government-Wide Area Contract (GWAC). If a quoter submits a quotation based upon an FSS or GWAC contract, the Government will accept the quoted price. However, the terms and conditions stated herein will be included in any resultant Purchase Order, not the terms and conditions of the offeror's FSS or GWAC contract, and the statement required above shall be included in the quotation; 7) The Dun and Bradstreet Number (DUNS number) for the quoter's active System for Award Management (SAM) registration. Quoters must have an active registration at www.SAM.Gov to receive an award; 8) The country of manufacturer for the quoted equipment; 9) Quoters shall include a completed copy of the provision, "Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2015)" with their quotation. Incorporated, herein, in full text. DUE DATE FOR QUOTATIONS All quotations must be submitted via e-mail to Erin Dwyer, Contract Specialist, at [email protected]. FAX quotations will not be accepted. Submission must be received not later than 3:00 p.m. Eastern Time on August 2, 2019. A quotation shall be considered received when it is received in the electronic inbox of Erin Dwyer not later than the date and time identified herein. Questions: All questions regarding this notice must be submitted via e-mail to [email protected] not later than 3:00 p.m. Eastern Time on July 29, 2019. PROVISIONS AND CLAUSES The full text of a Federal Acquisition Regulation (FAR) provision or clause may be accessed electronically at www.acquisition.gov. The following FAR provisions apply to this acquisition: 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation 52.204-7, System for Award Management 52.204-16, Commercial and Government Entity Code Reporting 52.204-17, Ownership or Control of Offeror 52.204-20, Predecessor of Offerors 52.204-22, Alternative Line Item Proposal 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law 52.212-1, Instructions to Offerors-Commercial Items 52.212-3, Offeror's Representations and Certifications-Commercial Items 52.219-1, Small Business Program Representation 52.222-22, Previous Contracts and Compliance Reports 52.222-25, Affirmative Action Compliance 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation 52.225-4, Buy American Certificate, Free Trade Agreements-Israeli Trade Act Certificate 52.225-25, Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran 52.252-1, Solicitation Provisions Incorporated by Reference In accordance with FAR 52.212-3 Offeror Representations and Certifications - Commercial Items, quoters must complete annual representations and certifications on-line at www.SAM.Gov. If paragraph (j) of the provision applies, a written submission is required. The following FAR clauses apply to this acquisition: 52.204-13, System for Award Management Maintenance 52.204-18, Commercial and Government Entity Code Maintenance 52.204-19, Incorporation by Reference of Representations and Certifications 52.212-4, Contract Terms and Conditions-Commercial Items 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, including sub-paragraphs: (checked clauses are applicable to this solicitation) XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)). __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (5) [Reserved]. __ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). XX (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note). __ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313). __ (10) [Reserved]. __ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). __ (ii) Alternate I (Nov 2011) of 52.219-3. XX (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (ii) Alternate I (JAN 2011) of 52.219-4. __ (13) [Reserved] __ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644). __ (ii) Alternate I (Nov 2011). (iii) Alternate II (Nov 2011). __ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-7. __ (iii) Alternate II (Mar 2004) of 52.219-7. __ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)). __ (17)(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Jan 2017) of 52.219-9. __ (iii) Alternate II (Nov 2016) of 52.219-9. __ (iv) Alternate III (Nov 2016) of 52.219-9. __ (v) Alternate IV (Aug 2018) of 52.219-9. __ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). __ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)). __ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f). XX (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)). __ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)). __ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)). XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). XX (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126). XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). XX (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). ___ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). XX (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). ___ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212). ___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). XX (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). __ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). ___ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) __ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693). __ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693). __ (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Oct 2015) of 52.223-13. __ (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-14. __ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-16. XX (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). __ (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693). __ (44) 52.223-21, Foams (JUN 2016) (E.O. 13693). __ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C 552a). __ (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. ___ (ii) Alternate I (May 2014) of 52.225-3. XX (iii) Alternate II (May 2014) of 52.225-3. __ (iv) Alternate III (May 2014) of 52.225-3. __ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). XX (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). __ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). __ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). XX (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332). __ (56) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). __ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)). __ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). __ (ii) Alternate I (Apr 2003) of 52.247-64. 52.217-8, Option to Extend Services 52.217-9, Option to Extend Term of Contract 52.232-39, Unenforceability of Unauthorized Obligations 52.232-40, Providing Accelerated Payments to Small Business Subcontractors 52.233-1, Disputes 52.247-34, FOB Destination 52.252-2, Clauses Incorporated by Reference The following U.S. Department of Commerce Acquisition Regulation (CAR) provisions and clauses apply to this procurement. The full text of a CAR provision or clause may be accessed electronically at www.acquisition.gov. Reference Supplemental Regulations, U.S. Department of Commerce. 1352.201-70 CONTRACTING OFFICER'S AUTHORITY 1352.209-73 COMPLIANCE WITH THE LAWS 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS 1352.233-70 AGENCY PROTESTS (APR 2010) (a) An agency protest may be filed with either: (1) the contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 Fed. Reg. 16,651 (April 6, 1999) (b) Agency protests filed with the Contracting Officer shall be sent to the following address: NIST/ACQUISITION MANAGEMENT DIVISION ATTN: DONALD GRAHAM, CONTRACTING OFFICER 100 Bureau Drive, MS 1640 Gaithersburg, MD 20899 (c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: NIST/ACQUISITION MANAGEMENT DIVISION ATTN: HEAD OF THE CONTRACTING OFFICE (HCO) 100 Bureau Drive, MS 1640 Gaithersburg, MD 20899 (d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority. (e) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W. Washington, D.C. 20230. FAX: (202) 482-5858 1352.246-70 PLACE OF ACCEPTANCE: NIST, 100 Bureau Drive, Gaithersburg, MD 20899 NIST LOCAL-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.