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.
Office of Advanced Manufacturing (OAM) being a Foundational Sponsor for the 2024 Manufacturing Momentum Summit - Combined Sources Sought/Notice of Intent to Sole Source Commerce, Department Of
The Department of Commerce, specifically the National Institute of Standards and Technology (NIST), is seeking sources capable of providing foundational sponsorship for the 2024 Manufacturing Momentum Summit. The requirements for this sponsorship include registrations for various NIST teams, speaker opportunities, display space for Manufacturing USA Institutes, and recognition in event communications. This sponsorship is crucial for promoting advanced manufacturing initiatives and fostering collaboration among industry stakeholders. Interested parties should respond to Robert Singman at robert.singman@nist.gov by October 15, 2024, with their capabilities and any questions regarding the opportunity.
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.
Applicare Support & Maintenance Services Commerce, Department Of
The National Institute of Standards and Technology (NIST) intends to procure Applicare Support & Maintenance Services through a sole-source contract with Louisville Lightspeed Project Management, LLC. This procurement includes software renewal, security patches, upgrades, technical support for troubleshooting, and 120 hours of assistance with product customization and installation for the Applicare software, which is essential for performance monitoring of web applications via synthetic transactions. The contract is set to run for one year, from January 1, 2025, to December 31, 2025, reflecting NIST's commitment to maintaining efficient web application performance monitoring. Interested parties may submit their capability statements within 10 days of the announcement, and for further inquiries, they can contact Gina Lee at gina.lee@nist.gov or call 301-975-8334.
Field Programmable Array-based Memory Device Characterization Boards Commerce, Department Of
The National Institute of Standards and Technology (NIST) is seeking commercial solutions for Field Programmable Array-based Memory Device Characterization Boards to support measurement needs in emerging neuromorphic hardware for artificial intelligence. The procurement requires the design and fabrication of a test platform that integrates a custom memory device, multi-channel ADCs, and DACs, centered around a Zynq System on Module (SOM) daughter card, with an emphasis on schematic and layout design, signal integrity analysis, and the use of USA-sourced materials. This initiative is crucial for advancing measurement capabilities in the field of artificial intelligence, and interested parties are encouraged to submit detailed responses outlining their qualifications and compliance with industry standards by emailing Jenna Bortner at jenna.bortner@nist.gov or Forest Crumpler at forest.crumpler@nist.gov. This notice serves primarily for market research purposes and does not imply a contract award.
Quantitative Analytical Testing Commerce, Department Of
The National Institute of Standards and Technology (NIST), part of the Department of Commerce, is seeking vendors capable of providing quantitative analytical testing services for various analyte classes and matrix groups, including foods, supplements, and environmental solutions. This Sources Sought Notice (NIST-MML-25-SS01) aims to gather detailed information on vendors' testing capabilities, including methodologies, turnaround times, testing capacity, accreditations, and data reporting formats, as part of market research rather than a solicitation for proposals. The information collected will inform future procurement processes, with a Request for Quotation anticipated in early FY2025 and contract awards expected by mid-FY2025. Interested parties should respond with their organizational capabilities and experience to Don Graham at deg@NIST.GOV by the specified deadline.
Hardware and Software upgrade for IMS 1280 Commerce, Department Of
The National Institute of Standards and Technology (NIST) is seeking information from potential vendors for a hardware and software upgrade for the IMS 1280 mass spectrometer. The procurement aims to enhance the instrument control software and computer systems, including necessary cables and OEM software, along with a software manual. This upgrade is crucial for maintaining the operational efficiency of the analytical laboratory instrument, which plays a significant role in various scientific applications. Interested parties are encouraged to submit their capabilities and relevant information to Don Graham at deg@nist.gov by the specified response date, as NIST anticipates issuing a Request for Quotation in early FY2025, with contract awards expected by the third quarter of FY2025.
Exhibit Space at 2025 IEEE International Conference on Robotics & Automation Commerce, Department Of
The National Institute of Standards and Technology (NIST) intends to negotiate a sole source contract for exhibit space at the 2025 IEEE International Conference on Robotics & Automation, scheduled to take place in Atlanta, Georgia from May 19 to 23, 2025. NIST requires a 400 square foot island exhibit booth, which will include access to a post-conference delegate list, exhibitor personnel passes, WiFi in the exhibit hall, and listing in the conference materials. This procurement is essential for NIST to promote its mission of advancing measurement science and technology, as the conference only permits exhibit rentals through its organizer, IEEE, making them the sole source for this requirement. Interested parties may submit their capabilities in writing to Lauren P. Roller at lauren.roller@nist.gov by October 15, 2024, at 10:00 AM Eastern Time.
Notice of Intent (NOI) to Sole Source: Ultra-High Vacuum Translators Commerce, Department Of
The Department of Commerce, specifically the National Institute of Standards and Technology (NIST), intends to noncompetitively acquire ultra-high vacuum translators to establish a new scanning probe microscopy (SPM) laboratory in Gaithersburg, Maryland. The procurement requires specific mechanical units, including a Rack and Pinion Rotary Linear translator and a single-axis translator, which must be identical and interchangeable with existing equipment from Thermionics Northwest, Inc. This compatibility is crucial for maintaining vacuum integrity and operational continuity between the two laboratories, which are used for characterizing quantum materials at atomic resolution. Interested parties that believe they can meet the requirements are encouraged to respond by providing their capabilities and relevant information to Cielo Ibarra at cielo.ibarra@nist.gov, as no solicitation document will be issued for this opportunity.
Disaster and Failure Studies Support Services Commerce, Department Of
The U.S. Department of Commerce, through the National Institute of Standards and Technology (NIST), is seeking proposals for Disaster and Failure Studies Support Services under a multiple-award Indefinite Delivery Indefinite Quantity (IDIQ) contract. The procurement aims to provide specialized engineering services related to disaster and failure studies, including categories focused on earthquakes, evidence preservation, and fire disasters, with the primary category open to all business sizes and specific categories reserved for small businesses. This initiative is crucial for enhancing the nation's resilience to disasters and ensuring effective response strategies. Interested contractors should note that the total contract value is capped at $9.8 million over five years, with proposals due by November 15, 2024, and should contact Lauren P. Roller at lauren.roller@nist.gov or Adam C. Powell at adam.powell@nist.gov for further inquiries.