SOLICITATION NOTICE
B -- Nanocalorimetry Measurement, Calibration, and Fabrication - Statement of Work
- Notice Date
- 8/27/2015
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 541690
— Other Scientific and Technical Consulting Services
- Contracting Office
- Department of Commerce, National Institute of Standards and Technology (NIST), Acquisition Management Division, 100 Bureau Drive, Building 301, Room B130, Gaithersburg, Maryland, 20899-1410, United States
- ZIP Code
- 20899-1410
- Solicitation Number
- SB1341-15-RQ-0811
- Point of Contact
- Kandy Clark, Phone: 3019755469
- E-Mail Address
-
kandy.clark@nist.gov
(kandy.clark@nist.gov)
- Small Business Set-Aside
- Total Small Business
- Description
- Attachment II - Representation by Corporations Attachment I - Statement of Work 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 WRITTEN SOLICITATION DOCUMENT WILL NOT BE ISSUED. This solicitation is a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 05-83, effective Aug 3, 2015. The associated North American Industrial Classification System (NAICS) code for this procurement is 541690 - Other Scientific and Technical Consulting Services - with a small business standard of $15,000,000.00. This acquisition is 100% set-aside for Small Business. PRICE SCHEDULE: LINE ITEM 0001: Base Period, Six (6) Months: Scientific Expert to Perform Nanocalorimetry Measurements, Calibrations, and Microfabrication at NIST, Gaithersburg, in accordance with the Statement of Work. Period of Performance: Six (6) months from the date of award. OPTION LINE ITEMS: (Refer to FAR Clause 52.217-9, Option to Extend the Term of the Contract, below) LINE ITEM 0002: Option Period 1, Six (6) Months: Scientific Expert to Perform Nanocalorimetry Measurements, Calibrations, and Microfabrication at NIST, Gaithersburg, in accordance with the Statement of Work. Period of Performance: Six (6) months from the date the option is exercised. EVALUATION CRITERIA AND BASIS FOR AWARD The Government intends to award a purchase order resulting from this solicitation to the responsible offeror whose quotation, conforming to the solicitation, is the Lowest Priced, Technically Acceptable (LPTA) quotation that satisfies all terms and conditions of the solicitation. Technically Acceptable means: 1. The Contractor has proposed key personnel that meets all of the minimum qualifications identified in the Statement of Work; AND 2. Notwithstanding a neutral rating, a satisfactory record of past performance based on information provided by references or obtained from other sources. In order to achieve a satisfactory rating: 1) Performance met all contract requirements; 2) There were some minor problems, for which corrective actions taken by the contractor were satisfactory. If past performance is not addressed within the quotation, the Government will determine the quotation technically unacceptable on the basis of being non-responsive. The Government reserves the right to consider data obtained from sources other than those described by the offeror in its quotation. 3. Price will be evaluated for all offerors whose quotations are determined technically acceptable. Price will be evaluated to determine that total price is a fair and reasonable overall price to the Government. REQUIRED SUBMISSIONS: All offerors shall submit the following: For the purpose of evaluation of Key Personnel, the technical quotation must include: 1. Capability of Key Personnel The offeror shall submit the Ph.D of its proposed key personnel that meet the qualifications identified in the "Contractor Minimum Qualifications" section of the Statement of Work. 2. Experience of Key Personnel The Offeror shall provide the resumes of its proposed key personnel that meet the qualifications and experience identified in the "Contractor Minimum Qualifications" section of the Statement of Work. Resumes shall include the following information: 1. Full Name 2. Education 3. Chronological Work Experience 4. Narrative describing relevance of work experience to current requirement. Each resume shall not exceed three (3) pages. 3. For the purpose of evaluation of Past Performance For evaluation of Past Performance, offerors must submit all of the following: a. Past performance information regarding relevant contracts over the past five (5) years with Federal, state, or local governments, or commercial customers. At least three (3) references is suggested. If the offeror intends to subcontract with another firm(s) for part of this requirement, that firm's past performance information shall also be provided. If the offeror has no relevant past performance, it shall include a statement to that effect in its quotation. b. The description of each contract described in this section shall not exceed one page in length. For each contract, the offeror shall provide the following information: • Contract number; • Description and relevance to solicitation requirements include dollar value; • Period of Performance - indicate by month and year the state and completion (or "ongoing") dates for the contract; • Reference Contact - If a non-Government contract, identify the name and address of the client with current telephone number and email address of a point of contact of the client responsible for the contract; • Contracting Office - If a Government contract (Federal or state), identify the Procuring Contracting Officer (PCO), administrative Contracting Officer (ACO), and Contracting Officer's Representative (COR), and their names, current telephone numbers and email addresses. • Problems Encountered - include information regarding information regarding any problems encountered on the contracts described above and corrective actions taken to resolve those problems. Past performance must be addressed by the Contractor. If the Contractor has no recent and/or relevant past performance performing the required work, the quotation must so state. It is preferred that offeror include project descriptions which proposed key personnel have performed. 4. For the purpose of Price: Offerors shall provide a firm-fixed price quotation for each Line Item as specified in the Price Schedule, and a total firm fixed-price inclusive of all required line items. 5. Offerors shall include a completed copy of the attached 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. 6. Offerors shall include a statement regarding the terms and conditions herein as follows: a. The offeror shall state "The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition." OR b. The offeror shall state "The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:" Offeror shall list exception(s) and rationale for the exception(s) Please note that this procurement IS NOT being conducted under the GSA Federal Supply Schedule (FSS) program or another Government-Wide Area Contract (GWAC). If a contractor 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 contractor's FSS or GWAC contract, and the statement required above shall be included in the quotation. 7. Offerors shall provide the length of time that the prices listed in the quote provided will be valid. The number of days provided should be from the closing date of the Request for Quotation and shall include a minimum period of 60 days. 8. Offerors shall provide an active DUNS # for the System for Award Management (SAM) registration. Offerors must have an active registration at www.SAM.Gov to be considered for an award. 9. If the Offeror's representations and certifications do not reflect the NAICS code governing this solicitation, Quoters must submit documentation that they are a small business under the NAICS code governing this solicitation. The personnel listed in the quotation and incorporated into the resulting contract should remain unchanged for the life of the contract. Additions or replacements will be allowed only with substantial justification (See CAR 1352.237-75, below). Ensure to include all personnel that will be utilized in performing work under this contract. DUE DATE FOR QUOTATIONS All quotations must be submitted via e-mail to Kandy Clark and kandy.clark@nist.gov. Submission must be received not later than 11:00 a.m. Eastern Time on September 7, 2015. An e-mail quotation shall be considered received when it is received in the electronic inbox of Kandy Clark. Questions: Reference Inquiries provision below. PROVISIONS AND CLAUSES The full text of a Federal Acquisition Regulation (FAR) provision or clause may be accessed electronically at http://farsite.hill.af.mil/vffara.htm. The full text of a Commerce Acquisition Regulation (CAR) provision or clause may be accessed electronic ally at http://farsite.hill.af.mil/vfcara.htm. The following FAR provisions apply to this acquisition: 52.217-5 Evaluation of Options (JUL 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). (End of Provision) • 52.204-7 System for Award Management (JUL 2013); • 52.204-16 Commercial and Government Entity Code Reporting (NOV 2014); • 52.204-17 Ownership or Control of Offeror (NOV 2014); • 52.209-5 Certification Regarding Responsibility Matters (APR 2010); • 52.212-1 Instructions to Offerors - Commercial Items; • 52.212-3 Offeror Representations and Certifications - Commercial Items; • 52.225-25 Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran (DEC 2012) The following CAR provision applies to this acquisition: • 1352.215-72, Inquiries Offerors must submit all questions concerning this solicitation in writing to Kandy Clark, via e-mail at kandy.clark@nist.gov. Questions should be received no later than 4 calendar days after the issuance date of this solicitation. Any responses to 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, only the question responses included in the amendment to the solicitation will govern performance of the contract. The following FAR clauses apply to this acquisition: • 52.217-8 Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days from the expiration of the period of performance. (End of Clause) • 52.217-9 Option to Extend the Term of the Contract (Mar 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 2 days of the expiration of the active period of performance provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 10 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed twelve (12) months. (End of Clause) • 52.204-9 Personal Identity Verification of Contractor Personnel; • 52.204-13 System for Award Management Maintenance (JUL 2013); • 52.204-18 Commercial and Government Entity Code Maintenance (NOV 2014); • 52.212-4 Contract Terms and Conditions - Commercial Items; (MAY 2014); • 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (MAR 2015) including subparagraphs: • 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Award (JUL 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note); • 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (AUG 2013) (31 U.S.C. 6101 note); • 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (DEC 2014); • 52.222-3 Convict Labor (JUNE 2003) (E.O. 11755); • 52.222-19 Child Labor-Cooperation with Authorities and Remedies (JAN 2014) (E.O. 13126); • 52.222-21 Prohibition of Segregated Facilities (FEB 1999); • 52.222-26 Equal Opportunity (MAR 2007) (E.O. 11246); • 52.222-35 Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212); • 52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793); • 52.222-37 Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212); • 52.222-50 Combating Trafficking in Persons (MAR 2014) (41 U.S.C. Chapter 83); • 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513); • 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 Treasury); • 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007); • 52.227-14 Rights in Data - General (MAY 2014); • 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (JUL 2013) (31 U.S.C. 3332). • 52.233-3 Protest After Award (AUG 1996) (31 U.S.C. 3553); • 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-7 (19 U.S.C. 3805 note)); • 52.237-2 Protection of Government Building, Equipment, and Vegetation (APR 1984); • 52.247-34 FOB Destination (NOV 1991); • 52.252-2 Clauses Incorporated by Reference (FEB 1998); The following CAR clauses apply to this acquisition: • 1352-201-70 CONTRACTING OFFICER'S AUTHORITY The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price. (End of Clause) • 1352.201-72 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (APR 2010) (a) __TBD____ is hereby designated as the Contracting Officer's Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at: ____________________ ____________________ ____________________ Phone Number: ____________________ E-mail:____________________ (b) The responsibilities and limitations of the COR are as follows: (1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract. (2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor. (End of clause) • 1352.209-72 RESTRICTIONS AGAINST DISCLOSURE (APR 2010) (a) The contractor agrees, in the performance of this contract, to keep the information furnished by the Government or acquired/developed by the contractor in performance of the contract and designated by the Contracting Officer or Contracting Officer's Representative, in the strictest confidence. The contractor also agrees not to publish or otherwise divulge such information, in whole or in part, in any manner or form, nor to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the contractor's possession, to those employees needing such information to perform the work described herein, i.e., on a "need to know" basis. The contractor agrees to immediately notify the Contracting Officer in writing in the event that the contractor determines or has reason to suspect a breach of this requirement has occurred. (b) The contractor agrees that it will not disclose any information described in subsection (a) to any person unless prior written approval is obtained from the Contracting Officer. The contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder. (End of clause) • 1352-209-73 COMPLIANCE WITH THE LAWS (APR 2010) The contractor shall comply with all applicable laws, rules and regulations which deal with or relate to performance in accord with the terms of the contract. • 1352-209-74 ORGANIZATION CONFLICT OF INTEREST (APR 2010) (a) Purpose. The purpose of this clause is to ensure that the contractor and its subcontractors: (1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work under this contract, and (2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract. (b) Scope. The restrictions described herein shall apply to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest (hereinafter collectively referred to as "contractor") in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both. (c) Warrant and Disclosure. The warrant and disclosure requirements of this paragraph apply with full force to both the contractor and all subcontractors. The contractor warrants that, to the best of the contractor's knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the contractor has disclosed all relevant information regarding any actual or potential conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor's impartiality because of the appearance or existence of bias or an unfair competitive advantage. Such disclosure shall include a description of the actions the contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest. (d) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the contract for default, suspend or debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract. (e) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and (g), in any subcontract or consultant agreement at any tier expected to exceed the simplified acquisition threshold. The terms "contract," "contractor," and "Contracting Officer" shall be appropriately modified to preserve the Government's rights. (f) Prime Contractor Responsibilities. The contractor shall obtain from its subcontractors or consultants the disclosure required in FAR Part 9.507-1, and shall determine in writing whether the interests disclosed present an actual, or significant potential for, an organizational conflict of interest. The contractor shall identify and avoid, neutralize, or mitigate any subcontractor organizational conflict prior to award of the contract to the satisfaction of the Contracting Officer. If the subcontractor's organizational conflict cannot be avoided, neutralized, or mitigated, the contractor must obtain the written approval of the Contracting Officer prior to entering into the subcontract. If the contractor becomes aware of a subcontractor's potential or actual organizational conflict of interest after contract award, the contractor agrees that the Contractor may be required to eliminate the subcontractor from its team, at the contractor's own risk. (g) Waiver. The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the contractor may at any time seek a waiver from the Head of the Contracting Activity by submitting such waiver request to the Contracting Officer, including a full written description of the requested waiver and the reasons in support thereof. • 1352-233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010) (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. • 1352.237-71 SECURITY PROCESSING REQUIREMENTS-LOW RISK CONTRACTS (APR 2010) (a) Investigative Requirements for Low Risk Contracts. All contractor (and subcontractor) personnel proposed to be employed under a Low Risk contract shall undergo security processing by the Department's Office of Security before being eligible to work on the premises of any Department of Commerce owned, leased, or controlled facility in the United States or overseas, or to obtain access to a Department of Commerce IT system. All Department of Commerce security processing pertinent to this contract will be conducted at no cost to the contractor. (b) Investigative requirements for Non-IT Service Contracts are: (1) Contracts more than 180 days-National Agency Check and Inquiries (NACI). (2) Contracts less than 180 days-Special Agency Check (SAC). (c) Investigative requirements for IT Service Contracts are: (1) Contracts more than 180 days-National Agency Check and Inquiries (NACI). (2) Contracts less than 180 days-National Agency Check and Inquiries (NACI). (d) In addition to the investigations noted above, non-U.S. citizens must have a background check that includes an Immigration and Customs Enforcement agency check. (e) Additional Requirements for Foreign Nationals (Non-U.S. Citizens). Non-U.S. citizens (lawful permanent residents) to be employed under this contract within the United States must have: (1) Official legal status in the United States; (2) Continuously resided in the United States for the last two years; and (3) Obtained advance approval from the servicing Security Officer in consultation with the Office of Security headquarters. (f) DOC Security Processing Requirements for Low Risk Non-IT Service Contracts. Processing requirements for Low Risk non-IT Service Contracts are as follows: (1) Processing of a NACI is required for all contract employees employed in Low Risk non-IT service contracts for more than 180 days. The Contracting Officer's Representative (COR) will invite the prospective contractor into e-QIP to complete the SF-85. The contract employee must also complete fingerprinting. (2) Contract employees employed in Low Risk non-IT service contracts for less than 180 days require processing of Form OFI-86C Special Agreement Check (SAC), to be processed. The Sponsor will forward a completed Form OFI-86C, FD-258, Fingerprint Chart, and Credit Release Authorization to the servicing Security Officer, who will send the investigative packet to the Office of Personnel Management for processing. (3) Any contract employee with a favorable SAC who remains on the contract over 180 days will be required to have a NACI conducted to continue working on the job site. (4) For Low Risk non-IT service contracts, the scope of the SAC will include checks of the Security/Suitability Investigations Index (SII), other agency files (INVA), Defense Clearance Investigations Index (DCII), FBI Fingerprint (FBIF), and the FBI Information Management Division (FBIN). (5) In addition, for those individuals who are not U.S. citizens (lawful permanent residents), the Sponsor may request a Customs Enforcement SAC on Form OFI-86C, by checking Block #7, Item I. In Block 13, the Sponsor should enter the employee's Alien Registration Receipt Card number to aid in verification. (6) Copies of the appropriate forms can be obtained from the Sponsor or the Office of Security. Upon receipt of the required forms, the Sponsor will forward the forms to the servicing Security Officer. The Security Officer will process the forms and advise the Sponsor and the Contracting Officer whether the contract employee can commence work prior to completion of the suitability determination based on the type of work and risk to the facility ( i.e., adequate controls and restrictions are in place). The Sponsor will notify the contractor of favorable or unfavorable findings of the suitability determinations. The Contracting Officer will notify the contractor of an approved contract start date. (g) Security Processing Requirements for Low Risk IT Service Contracts. Processing of a NACI is required for all contract employees employed under Low Risk IT service contracts. (1) Contract employees employed in all Low Risk IT service contracts will require a National Agency Check and Inquiries (NACI) to be processed. The Contracting Officer's Representative (COR) will invite the prospective contractor into e-QIP to complete the SF-85. Fingerprints and a Credit Release Authorization must be completed within three working days from start of work, and provided to the Servicing Security Officer, who will forward the investigative package to OPM. (2) For Low Risk IT service contracts, individuals who are not U.S. citizens (lawful permanent residents) must undergo a NACI that includes an agency check conducted by the Immigration and Customs Enforcement Service. The Sponsor must request the ICE check as a part of the NAC. (h) Notification of Disqualifying Information. If the Office of Security receives disqualifying information on a contract employee, the Sponsor and Contracting Officer will be notified. The Sponsor shall coordinate with the Contracting Officer for the immediate removal of the employee from duty requiring access to Departmental facilities or IT systems. Contract employees may be barred from working on the premises of a facility for any of the following reasons: (1) Conviction of a felony crime of violence or of a misdemeanor involving moral turpitude. (2) Falsification of information entered on security screening forms or of other documents submitted to the Department. (3) Improper conduct once performing on the contract, including criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct or other conduct prejudicial to the Government regardless of whether the conduct was directly related to the contract. (4) Any behavior judged to pose a potential threat to Departmental information systems, personnel, property, or other assets. (i) Failure to comply with security processing requirements may result in termination of the contract or removal of contract employees from Department of Commerce facilities or denial of access to IT systems. (j) Access to National Security Information. Compliance with these requirements shall not be construed as providing a contract employee clearance to have access to national security information. (k) The contractor shall include the substance of this clause, including this paragraph, in all subcontracts. (End of clause) • 1352.237-75 KEY PERSONNEL (APR 2010). Key Personnel (APR 2010) (a) The contractor shall assign to this contract the following key personnel: (Name) (Position Title) (Name) (Position Title) (b) The contractor shall obtain the consent of the Contracting Officer prior to making key personnel substitutions. Replacements for key personnel must possess qualifications equal to or exceeding the qualifications of the personnel being replaced, unless an exception is approved by the Contracting Officer. (c) Requests for changes in key personnel shall be submitted to the Contracting Officer at least 15 working days prior to making any permanent substitutions. The request should contain a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. The Contracting Officer will notify the contractor within 10 working days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes. (End of clause) • 1352-246-70 Place of Acceptance (APR 2010) (a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract. (b) The place of acceptance will be: NIST 100 Bureau Drive Gaithersburg, MD 20899 The following NIST clause applies to this acquisition: • NIST LOCAL-04 BILLING INSTRUCTIONS (a) NIST prefers electronic Invoice/Voucher submissions and they should be emailed to INVOICE@NIST.GOV. (b) Each Invoice or Voucher submitted shall include the following: (1) Contract Number. (2) Contractor Name and Address. (3) Date of Invoice. (4) Invoice Number. (5) Amount of Invoice and Cumulative Amount Invoiced to-date. (6) Contract Line Item Number (CLIN). (7) Description, Quantity, Unit of Measure, Unit Price, and Extended Price of Supplies/Services Delivered. (8) Prompt Payment Discount Terms, if Offered. (9) Any other information or documentation required by the contract. (c) In the event electronic submissions are not used, The Contractor shall submit an original invoice or voucher in accordance with the payment provisions of this contract to: NIST: Accounts Payable Office 100 Bureau Drive, Mail Stop 1621 Gaithersburg, MD 20899-1621 Department of Commerce Agency-Level Protest Procedures Level above the Contracting Officer is also incorporated. It can be downloaded at www.nist.gov/admin/od/contract/agency.htm.
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