NIST Terms of Service (TOS) Addendum Commerce, Department Of
Special Notice: COMMERCE, DEPARTMENT OF - NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
The National Institute of Standards and Technology (NIST) has issued a special notice regarding the NIST Terms of Service (TOS) Addendum. This Addendum is incorporated into any terms of service, end-user license agreements, or software license agreements intended to create binding obligations on NIST or NIST employees acting in an official capacity.
The purpose of the NIST Addendum is to establish certain provisions and requirements for agreements involving NIST. It covers various aspects such as the governing laws, dispute resolution, indemnification and warranties, intellectual property, confidentiality, audits, additional terms, obligations and taxes, non-assignment, precedence and survival, and duration of the agreement.
This notice ensures that any agreement entered into by NIST, its employees, or authorized end users includes the automatic inclusion of the NIST Addendum. It clarifies that the act of clicking an "I agree" box or electronically accepting an agreement does not bind the Government, its employees, or any authorized end user without the simultaneous automatic inclusion of this Addendum.
The NIST Addendum emphasizes that the Agreement is governed exclusively by the Federal laws of the United States of America, and laws of other jurisdictions do not apply. It also limits specific remedies, indemnifications, warranties, liabilities, fines, penalties, fees, and interest charges to those traditionally available in law suits involving the Federal government or as permitted by Federal law.
Furthermore, the Addendum states that intellectual property created by employees of the Federal government is owned exclusively by the Federal government, with no encumbrances or obligations for licensing or assignment to any other party. It also addresses confidentiality or use of information provisions, which are subject to the Freedom of Information Act and other Federal laws and regulations governing confidential or protected information provided to NIST.
The NIST Addendum clarifies that only information identified as confidential in writing when supplied to NIST will be treated as confidential. It also highlights that information obtained by NIST is subject to the Whistleblower Protection Act, ensuring consistency with existing statutes and Executive orders relating to classified information, communications to Congress, reporting violations, and whistleblower protection.
Additionally, the Addendum specifies that only the U.S. Inspector General or other authorized Federal agency may audit NIST. It also includes provisions for any additional terms or conditions, future modifications to the Agreement, or documents incorporated by reference, which are subject to this Addendum.
The Agreement does not obligate any funds, and the Government is duty and tax-exempt. It also prohibits the assignment or delegation of rights or obligations without the Government's prior approval. The NIST Addendum takes precedence over all other terms and conditions in the Agreement or related documents and survives the termination of the Agreement. The duration of the Agreement is limited to five (5) years.
Overall, this special notice provides important information about the NIST Terms of Service (TOS) Addendum, which establishes provisions and requirements for agreements involving NIST, ensuring compliance with Federal laws and regulations, protecting intellectual property, and clarifying the inclusion of this Addendum in any binding agreement.
Electric Discharge Machining (EDM) chillers Commerce, Department Of
The National Institute of Standards and Technology (NIST) is issuing a special notice of its intent to award a sole-source contract to GF Machining Solutions LLC for the upgrade and repair of portable chillers used in Electric Discharge Machining (EDM) systems.
The Fabrication Technology Office (FTO) at NIST in Gaithersburg, Maryland, requires these chillers to restore full functionality after a recent failure. As GF Machining is the original manufacturer of the EDM systems, it is the only company that can provide the specialized chillers required for optimal performance.
This acquisition falls under the Machine Tool Manufacturing NAICS code 333517, with a small business size standard of 500 employees. NIST emphasizes that this is not a solicitation and that it reserves the discretion to determine whether to compete the proposed acquisition.
Interested parties should respond by 8:00 a.m. Eastern Time on August 2, 2024, clearly demonstrating their ability to meet the stated requirements. The contact person for this opportunity is Prateema E. Carvajal, who can be reached at prateema.carvajal@nist.gov or by phone at 3019754390.
ON-LINE SUBSCRIPTION WEB OF SCIENCE Commerce, Department Of
Special Notice: Commerce, Department of, National Institute of Standards and Technology (NIST) intends to negotiate a sole source contract with Clarivate Analytics for the acquisition of the Web of Science Database. The database will be used in the NIST Library and Museum on the NIST campus in Gaithersburg, MD. The Web of Science Database, which includes Science Citation Index Expanded, Technology Fee, and Conference Proceedings Citation Index, is essential for impact analysis to measure NIST research outputs. Clarivate Analytics is the only known vendor capable of providing the online subscription to Web of Science. Responses will be considered by the Government until December 15, 2023, 8:00 am, ET.
Thermomechanical Analyzer (TMA) Commerce, Department Of
The Department of Commerce, National Institute of Standards and Technology (NIST) seeks a contractor to supply and install a Thermomechanical Analyzer (TMA) system, including temperature control, software, and accessories, with subsequent on-site training.
The primary goal is to obtain a cutting-edge TMA system that can perform advanced materials characterization under various thermal and mechanical conditions.
## Scope of Work
The successful awardee will be required to:
- Deliver and install the TMA system at the NIST facility in Gaithersburg, Maryland, including all necessary components such as a temperature control system and software.
- Provide thorough on-site training for NIST personnel on the use and maintenance of the TMA.
- Ensure the system is calibrated and ready for immediate use upon installation.
## Deliverables
- Thermomechanical Analyzer (TMA) system:
- Capable of measuring dimensional changes of samples with high precision.
- Suitable for operation over a wide temperature range.
- Include a robust temperature control system.
- Software:
- User-friendly interface for easy operation and data analysis.
- Compatible with current NIST systems for data integration.
- Related Accessories:
- Any necessary probes, sample holders, or other accessories for a complete TMA solution.
## Eligibility Criteria
This opportunity is open to businesses capable of providing the described TMA system and services. Preferred applicants will have a strong track record in manufacturing and supplying advanced laboratory instrumentation, with specific experience in TMA systems.
## Funding and Contract Details
The estimated funding available for this contract is $300,000 to $500,000. The contract type is a firm-fixed-price (FFP) arrangement.
## Submission Process
Interested parties should submit their applications by the deadline indicated in the attached combined synopsis/solicitation document. Ensure that all information requested in the document is included.
Submissions should highlight relevant experience and the technical capabilities of the proposed TMA system. NIST encourages small businesses to apply.
## Evaluation Criteria
Applications will be evaluated based on:
- The relevance and quality of the proposed TMA system, including any customizability and additional useful features.
- Demonstrated experience and past performance in supplying similar systems, with references.
- Price competitiveness.
## Contact Information
For any clarifications or questions, please contact the primary point of contact, Brandon Butler, at brandon.butler@nist.gov. Additional contact: Donald Collie, donald.collie@nist.gov.
Indefinite Delivery/Indefinite Quantity (IDIQ) for the NIST’s Scientific Research for Reducing Risks due to Environmental and Man-made Hazards Project Commerce, Department Of
Presolicitation notice from the Department of Commerce, National Institute of Standards and Technology (NIST) for scientific research to reduce risks associated with environmental and man-made hazards. The research will focus on developing strategies and solutions to mitigate these risks. The place of performance is Gaithersburg, MD (zip code: 20899), in the United States. For more information, contact Robert Cowins at robert.cowins@nist.gov or 3019758335, or Hing Pan Wong at hingpan.wong@nist.gov or 3019756289.