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Beat Note Generating Laser System

Department of Commerce, National Institute of Standards and Technology (NIST) | Published August 27, 2015  -  Deadline September 7, 2015
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THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERICAL 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 SOLICITTION DOCUMENT WILL NOT BE ISSUED. THE SOLICITATION IS BEING ISSUED USING SIMPLIFIED ACQUISITION PROCEDURES. The Request for Quotations (RFQ) number is SB1341-15-RQ-1041. This synopsis/solicitation constitutes a RFQ and incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2005-83. The associated North American Industrial Classification System (NAICS) code for this procurement is 334413 - Semiconductor and Related Device Manufacturing, which has a size standard of 500 Employees. Offerors must submit all questions concerning this solicitation in writing, via email, to both the Contract Specialist, Cory Worley at Cory.worley@nist.gov and the Contracting Officer Patrick Staines at Patrick.staines@nist.gov. Questions should be received no later than four (4) calendar days 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, the question responses included in the amendment to the solicitation will govern performance of the contract. This acquisition is 100% set aside for small business. In accordance with the non-manufacturer rule, the contractor shall be a small business under the applicable size standard and shall provide either its own product or that of another domestic small business manufacturing or processing concern. See FAR 19.102(f) for additional information. The U.S. Department of Commerce (DOC), National Institute of Standards and Technology (NIST) Physical Measurement Laboratory (PML) Nanoscale Metrology Group (NMG) has a requirement for a Beat Note Generating Laser System in accordance with the attached Statement of Work (SOW). All offerors shall provide a quotation for the following line item: Contract Line Item Number (CLIN) QTY. UNIT UNIT PRICE APPLICABLE DISCOUNTS TOTAL CLIN 0001 - Beat Note Generating Laser System in accordance with the attached SOW. 1 EA The detailed SOW entitled "Beat Note Generating Laser System" is hereby incorporated by reference and provided as "Attachment A" to this combined synopsis/solicitation. DELIVERY FOB Destination delivery terms are required. Delivery shall be completed within two (2) months of an award. The Contractor shall deliver all equipment to NIST, Building 301, Shipping and Receiving, Gaithersburg, MD 20899-1640. INSPECTION AND ACCEPTANCE Inspection will be done at the NIST facility. Equipment must be fully compliant to all minimum required specifications upon receipt before payment shall be authorized. WARRANTY The offeror shall include a one-year warranty including repair parts, labors and travel following the final acceptance of the equipment. PROVISIONS AND CLAUSES: The following provisions and clauses apply to this acquisition and are hereby incorporated by reference. All Federal Acquisition Regulation (FAR) clauses may be viewed at: https://www.acquisition.gov/?q=browsefar. All Commerce Acquisition Regulation (CAR) clauses and provisions can be accessed at: http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl. PROVISIONS • FAR 52.212-1, INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (Reference FAR 12.301(b)(1)) • ADDENDUM to FAR 52.212-1, QUOTATION PREPARATION INSTRUCTIONS 1) To be considered for award, the Offeror shall submit the following with its quote: A. PRICE QUOTATION: The offeror shall submit an original and one copy of the completed price schedule. Only one copy is required if submitted electronically. The pricing quotation shall be separate from any other portion of the quotation. The offeror shall propose a firm-fixed-price, FOB Destination, for each CLIN. Contractor shall state express warranty coverage. Price quotations shall remain valid for a period of 90 days from the date quotations are due. B. TECHNICAL QUOTATION: The offeror shall submit an original and one copy of the technical quotation. Only one copy is required if submitted electronically. The technical quotation shall address the following: If applicable, evidence that the Offeror is authorized by the original equipment manufacturer to provide the item(s) in the quotation should be included. For the purpose of technical evaluation offerors shall submit: a. A technical description and/or product literature which clearly details the manufacturer, make and model of the proposed product(s), addresses all required specifications, and clearly documents that the offered product(s) meet(s) or exceeds the specifications stated within Attachment A - SOW; b. If standard product literature and/or technical descriptions do not address all required specifications, offerors must provide narratives and or explanation of the work that will be will be performed to meet the requirement(s). All proposed specifications must be addressed in sufficient detail that all technical requirements are discussed and that the intended outcome of the performance requirements can be clearly discerned. C. OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS: The Offeror shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications - Commercial Items, with its offer. If paragraph (j) of the provision is applicable, a written submission is required. 2) The Offeror shall submit its quote no later than 12:00 p.m. Eastern September 7, 2015. If the Offeror decides to submit its quotation electronically, one (1) copy of its quotation shall be submitted in .pdf format via email to: Cory.worley@nist.gov Cory Worley Contract Specialist U.S. Department of Commerce, NIST/AMD ACCEPTANCE OF TERMS AND CONDITIONS (ADDENDUM TO FAR 52.212-1 (B) (11)): THIS IS AN OPEN-MARKET SOLICITATION FOR EQUIPMENT AS DEFINED HEREIN. THE GOVERNMENT INTENDS TO AWARD A PURCHASE ORDER AS A RESULT OF THIS SOLICITATION THAT WILL INCLUDE THE CLAUSES SET FORTH HEREIN. THE QUOTATION SHOULD INCLUDE ONE OF THE FOLLOWING STATEMENTS: "The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition." OR "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) Note: This procurement is not being conducted under the GSA Federal Supply Schedule (FSS) program or another Government-Wide Area Contract (GWAC). If an offeror 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 offerors FSS or GWAC contract, and the statement required above shall be included in the quotation. • QUOTATION EVALUATION: o Evaluation Factors: Award shall be made to the lowest priced, technically acceptable offeror. The Government will evaluate quotations based on the following evaluation criteria: 1) Technical Capability and 2) Price. Technical Capability: All items must be new. Prototypes, used or refurbished items will not be considered for award. Evaluation of technical capability shall be based on the information provided in the quotation. NIST will evaluate whether the offeror has demonstrated that its proposed equipment meets or exceeds all minimum requirements. Quotations that do not demonstrate the proposed equipment meets all requirements will not be considered further for award. If an offeror does not indicate whether its proposed equipment meets a certain minimum requirement, NIST will determine that it does not. Price: The Government will evaluate price for reasonableness. • 52.225-4 -- BUY AMERICAN -- FREE TRADE AGREEMENTS - ISRAELI TRADE ACT CERTIFICATE. (ALT II) (MAY 2014) (a) The offeror certifies that each end product, except those listed in paragraph (b) or (c) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." (b) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American-- Free Trade Agreements--Israeli Trade Act": Canadian or Israeli End Products Line Item No.: Country of Origin: [List as necessary] (c) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (b) of this provision) as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreement--Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: Line Item No.: Country of Origin: [List as necessary] (d) The Government will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation. • FAR 52.225-18 PLACE OF MANUFACTURE (Mar 2015) (a) Definitions. As used in this clause- "Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except- (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. (b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) [ ] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) [ ] Outside the United States. • CAR 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 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: PATRICK STAINES, CONTRACTING OFFICER 100 Bureau Drive, MS 1640 Gaithersburg, MD 20899 (c) Agency protests filed with the 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 protest, 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 • CAR 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, N.W. Washington, D.C. 20230 FAX: (202) 482-5858 (End of clause) • REPRESENTATION BY CORPORATIONS REGARING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (CLASS DEVIATION) (MARCH 2015) (1) 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- (a) 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 (b) 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. (2) The Offeror represents that, as of the date of this offer - (a) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (b) 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. CLAUSES • FAR 52.212-4, CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (MAY 2015) (Reference FAR 12.301(b)(3)) • FAR 52.212-5, CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUES OR EXECUTIVE ORDERS - COMMERICAL ITEMS (MAY 2015) • The following additional FAR clauses cited in FAR 52.212-5 are applicable to this acquisition - O FAR 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) O FAR 52.203-13, CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (APR 2010) (41 U.S.C. 3509) O FAR 52.204-10, REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (JUL 2013) (PUB. L. 109-282) (31 U.S.C. 6101 NOTE) O FAR 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) O FAR 52.209-9, UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) (41 U.S.C. 2313) O FAR 52.219-8, UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2014) (15 U.S.C. 637(D)(2) AND (3)) O FAR 52.219-28, POST AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013) (15 U.S.C. 632(A)(2)) O FAR 52.222-3, CONVICT LABOR (JUNE 2003) (E.O. 11755). O FAR 52.222-19, CHILD LABOR-COOPERATION WITH AUTHORITIES AND REMEDIES (JAN 2014) (E.O. 13126) O FAR 52.222-21, PROHIBITION OF SEGREGATED FACILITIES (APR 2015) O FAR 52.222-26, EQUAL OPPORTUNITY (APR 2015) (E.O. 11246) O FAR 52.222-36, EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014) (29 U.S.C. 793) O FAR 52.222-50, COMBATING TRAFFICKING IN PERSONS (MAR 2015) (22 U.S.C. CHAPTER 78 AND E.O. 13627) O FAR 52.223-18, ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011) (E.O. 13513) O FAR 52.225-3, BUY AMERICAN - FREE TRADE AGREEMENTS - ISRAELI TRADE ACT ALT II (MAY 2014) O FAR 52.225-13, RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008) (E.O.'S, PROCLAMATIONS, AND STATUTES ADMINISTERED BY THE OFFICE OF FOREIGN ASSETS CONTROL OF THE DEPARTMENT OF THE TREASURY) o FAR 52.232-33, PAYMENT BY ELECTRONIC FUNDS TRANSFER- SYSTEM FOR AWARD MANAGEMENT (Jul 2013) (31 U.S.C. 3332) • FAR 52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (May 2015) (Reference FAR 12.301(b)(3) • FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013) (Reference FAR 4.1105(a)(1)) • FAR 52.207-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013) (Reference FAR 4.1105(b)) • FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) (Reference FAR 32.706-3) • FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) (Reference FAR 32.009-2) • FAR 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) (Reference FAR 33.215(b)) • FAR 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984) (Reference FAR 37.110(b)) • FAR 52.247-35 F.O.B. DESTINATION, WITHIN CONSIGNEE'S PREMISES (APR 1984) (Reference FAR 47.303-7(c)) • CAR 1352.246-70 PLACE OF ACCEPTANCE (APR 2010) (a) The Contracting Officer or the duly authorized representative will perform inspection and acceptance of supplies and services to be provided under this contract. (b) The place of acceptance will be: Inspection and acceptance will be performed at: U.S. Department of Commerce DOC/NIST 100 Bureau Drive Gaithersburg, MD 20899 Building: To Be Determined (TBD) at award Room: TBD at award (End of clause) • CAR 1352.201-70 CONTRACTING OFFICER'S AUTHORITY (APR 2010) (Reference 48 CFR 1301.602-170) • CAR 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010) (Reference 48 CFR 1309.507-2(c)) • CAR 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010) (Reference 48 CFR 1309.507-2(d)) • CAR 1352.231-71 DUPLICATION OF EFFORT (APR 2010) (Reference 48 CFR 1331.205-70) CAR CLAUSES FULL TEXT CAN BE ACCESSED AT: http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl • PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS-REPRESENTATION (FEB 2015) (a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (End of provision) • NIST LOCAL_04 BILLING INSTRUCTIONS (1) The Contractor shall submit an original invoice or voucher in accordance with the payments provisions of this contract to: NIST Accounts Payable Office 100 Bureau Drive, Mail Stop 1621 Gaithersburg, MD 20899-1621 FAX Number: 301-975-8283 Email: invoice@nist.gov (2) 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. (End Clause)

Precision Thermometry Bridge and Multiplexer

Department of Commerce, National Institute of Standards and Technology (NIST) | Published April 7, 2016  -  Deadline April 20, 2016
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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 Request for Quotations (RFQ) number is SB1341-16-RQ-0285. This synopsis/solicitation constitutes a RFQ and incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2005-87-2. The associated North American Industrial Classification System (NAICS) code for this procurement is 334516 - Analytical Laboratory Instrument Manufacturing, which has a size standard of 1,000 Employees. Offerors must submit all questions concerning this solicitation in writing, via email, to both the Contract Specialist, Cory Worley at Cory.Worley@nist.gov and the Contracting Officer Patrick Staines at Patrick.Staines@nist.gov. Questions should be received no later than five (5) calendar days 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, the question responses included in the amendment to the solicitation will govern performance of the contract. This acquisition is being competed as a full and open competition. The U.S. Department of Commerce (DOC), National Institute of Standards and Technology (NIST) Physical Measurements Laboratory (PML) Quantum Measurements Division (QMD) Mass and Force Group (MFG) has a requirement for a Precision Thermometry Bridge and Multiplexer in accordance with the specifications provided in Attachment A - NIST Precision Thermometry Bridge and Multiplexer. The detailed Requirements Document entitled "NIST Precision Thermometry Bridge and Multiplexer" is hereby incorporated by reference and provided as "Attachment A" to this combined synopsis/solicitation. LIST OF ATTACHMENTS: The following specifications are hereby provided as attachments. The purpose of these attachments is for reference and to provide specification requirements to the Contractor for quotation purposes only.All attachments included in this solicitation are owned by the Government and shall not be reproduced, released, distributed, or otherwise utilized for any purpose other than submission of a quotation and the execution of the required work without the prior written approval of the NIST Contracting Officer. Attachment A: NIST Precision Thermometry Bridge and Multiplexer All offerors shall provide a quotation for the following line item: (All equipment must be new. Used, refurbished, prototype, or remanufactured will not be considered for award). Contract Line Item Number (CLIN) QTY. UNIT UNIT PRICE APPLICABLE DISCOUNTS TOTALCLIN 0001 - Precision Thermometry Bridge and Multiplexer meeting the requirements listed in Attachment A 1 EA DELIVERABLES: Deliverables: Deliverable 1: The Contractor shall deliver the final system not later than thirty (30) days after receipt of order. Delivery shall be FOB Destination within Consignee's premises. 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 any 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. The Contractor shall deliver the items to NIST, BLD 301 Shipping and Receiving Gaithersburg, MD 20899. The Contractor shall notify the NIST Technical Point of Contact (TPOC) at least one week prior to shipping. The ultimate destination for this equipment is NIST Gaithersburg, MD Building 245 Room C025. Express Warranty: The Contractor shall warrant the entire system for a period of at least one year. The warranty must include unlimited telephone/e-mail support for questions regarding operation. All costs including parts, labor, travel, and other expenses necessary to repair the system will be borne solely by the contractor at no additional cost to the U.S. Government. Inspection and Acceptance: In addition to the inspection and acceptance terms articulated in 52.212-4, the Government reserves the right to perform such performance tests and evaluations as defined below to verify specified system performance. Such tests and evaluations, if performed, shall be conducted within the environment that the system is to be operated. The Contractor has the right to be present during the tests and evaluations, if performed, at the Contractor's expense. The following tests shall be performed within 14 days after receipt of instrument: NIST will conduct testing to ensure that the system meets the required specifications listed in Attachment A - NIST Precision Thermometry Bridge and Multiplexer PROVISIONS AND CLAUSES: The following provisions and clauses apply to this acquisition. Those incorporated by reference may be found at the following: All Federal Acquisition Regulation (FAR) clauses may be viewed at: https://www.acquisition.gov/?q=browsefar. All Commerce Acquisition Regulation (CAR) clauses and provisions can be accessed at:http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl. PROVISIONS FAR 52.212-1, INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS(Reference FAR 12.301(b)(1)) INSTRUCTIONS: System for Award Management (SAM) 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 quotations so that NIST receives them not later than 1:00 PM Eastern Standard Time on April 20, 2016. FAX quotations shall not be accepted. E-mail quotations shall be accepted at Cory.Worley@nist.gov. Please reference the RFQ number in the subject line of email communications and packages mailed. Offerors' quotations shall not be deemed received by the Government until the quotation is entered in the e-mail box set forth above. Quotation Submission Requirements: 1). Price Quotation: The offeror shall submit an original and four copies of the completed price schedule. If the quotation is submitted electronically, additional copies are not required. The pricing quotation shall be separate from any other portion of the quotation. The offeror shall provide a firm-fixed-price, FOB Destination is required, for each CLIN. Price quotations shall remain valid for a period of 90 days from the date quotations are due. 2). Technical Quotation: The technical quotation shall address the following: Technical Capability: The offeror shall submit a technical description or product literature for the system it is proposing, which clearly identifies each requirement listed above and in the Statement of Work (Attachment A). The offeror must demonstrate that its proposed system meets or exceeds each minimum requirement described above and in the Statement of Work (Attachment A) by providing a citation to the relevant section of its technical description or product literature. The contractor must not simply state they will meet the requirement; evidence must be provided. If applicable, evidence that the Offeror is authorized by the original provider to provide the item(s) in the quotation should be included. 3). Acceptance of RFQ terms and conditions: This is an open-market solicitation for equipment as defined herein. The Government intends to award a Purchase Order as a result of this solicitation that will include the clauses set forth herein. The quotation should include one of the following statements: "The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition." OR "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) Note: This procurement is not being conducted under the GSA Federal Supply Schedule (FSS) program or another Government-Wide Area Contract (GWAC). If an offeror 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. Evaluation Criteria: The award shall be made to the Offeror whose quotation, conforming to the solicitation, results in a technically acceptable quotation and is the lowest priced. Each quotation will be evaluated against the factors described below. An offeror's failure to address any factor may be considered indicative of the offeror's lack of understanding of the Government's requirements and may result in the offer being determined unacceptable. Quotations will be evaluated based on the factors identified below: Evaluation Factors: 1. Technical Capability: Evaluation of Technical Capability shall be based on the information provided in the quotation. NIST will evaluate whether the offeror(s) has demonstrated that its proposed equipment and services, meets or exceeds all requirements. Quotations that do not demonstrate the proposed equipment and services meets all requirements will not be considered further for award. 2. Price: A Firm-Fixed-Price (FFP), FOB Destination price quotation for The Government will evaluate the Contractor's ability to deliver an efficient and effective quotation at a fair and reasonable price. FAR 52.225-4 BUY AMERICAN - FREE TRADE AGREEMENTS - ISRAELI TRADE ACT CERTIFICATE (MAY 2014) (a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements." (b) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American-- Free Trade Agreements--Israeli Trade Act":Canadian or Israeli End ProductsLine Item No.: Country of Origin: [List as necessary] (c) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (b) of this provision) as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreement--Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product."Other Foreign End Products:Line Item No.: Country of Origin: [List as necessary](d) The Government will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation. (End of Provision) FAR 52.225-18 PLACE OF MANUFACTURE (Mar 2015) (a) Definitions. As used in this clause-"Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except- (1) FSC 5510, Lumber and Related Basic Wood Materials;(2) Federal Supply Group (FSG) 87, Agricultural Supplies;(3) FSG 88, Live Animals;(4) FSG 89, Food and Related Consumables;(5) FSC 9410, Crude Grades of Plant Materials;(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;(8) FSC 9610, Ores;(9) FSC 9620, Minerals, Natural and Synthetic; and(10) FSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. (b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) [ ] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) [ ] Outside the United States. FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016) (a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--(1) 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 an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.(b) The Offeror represents that-(1) 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; and (2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (End of provision) CAR 1352.233-70 AGENCY PROTESTS (APR 2010) An agency protest may be filed with either (1) the Contracting Officer, or (2) at a level above the Contracting Officer, with the agency Protest Decision Authority. See 64 Fed. Reg. 16,651 (April 6, 1999).Agency protests filed with the Contracting Officer shall be sent to the following address: NIST/ACQUISITION MANAGEMENT DIVISIONATTN: PATRICK STAINES, CONTRACTING OFFICER100 Bureau Drive, MS 1640Gaithersburg, MD 20899 Agency protests filed with the Protest Decision Authority shall be sent to the following address: NIST/ACQUISITION MANAGEMENT DIVISIONATTN: HEAD OF THE CONTRACTING OFFICE (HCO)100 Bureau Drive, MS 1640Gaithersburg, MD 20899 A complete copy of all agency protest, 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. Service upon the Contract law Division shall be made as follows: U.S. Department of CommerceOffice of the General CounselChief, Contract Law DivisionRoom 5893Herbert C. Hoover Building14th Street and Constitution Avenue, N.W.Washington, D.C. 20230FAX: (202) 482-5858 CAR 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010) 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. 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. Service upon the Contract Law Division shall be made as follows: U.S. Department of CommerceOffice of the General CounselChief, Contract Law DivisionRoom 5893Herbert C. Hoover Building14th Street and Constitution Avenue, N.W.Washington, D.C. 20230FAX: (202) 482-5858 (End of clause) CLAUSES FAR 52.212-4, CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (MAY 2015)(Reference FAR 12.301(b)(3)) FAR 52.212-5, CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUES OR EXECUTIVE ORDERS - COMMERICAL ITEMS (JAN 2016) The following additional FAR clauses cited in FAR 52.212-5 are applicable to this acquisition - FAR 52.204-10, REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (OCT 2015) (PUB. L. 109-282) (31 U.S.C. 6101 NOTE)FAR 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)FAR 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)FAR 52.219-28, POST AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013) (15 U.S.C. 632(a)(2))FAR 52.222-3, CONVICT LABOR (JUNE 2003) (E.O. 11755).FAR 52.222-19, CHILD LABOR-COOPERATION WITH AUTHORITIES AND REMEDIES (JAN 2016) (E.O. 13126)FAR 52.222-21, PROHIBITION OF SEGREGATED FACILITIES (APR 2015)FAR 52.222-26, EQUAL OPPORTUNITY (APR 2015) (E.O. 11246)FAR 52.222-36, EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014) (29 U.S.C. 793)FAR 52.222-50, COMBATING TRAFFICKING IN PERSONS (MAR 2015) (22 U.S.C. CHAPTER 78 AND E.O. 13627)FAR 52.223-18, ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011) (E.O. 13513)FAR 52.225-3, BUY AMERICAN - FREE TRADE AGREEMENTS-ISRAELI TRADE ACT ALT. II (MAY 2014)FAR 52.225-13, RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008) (E.O.'S, PROCLAMATIONS, AND STATUTES ADMINISTERED BY THE OFFICE OF FOREIGN ASSETS CONTROL OF THE DEPARTMENT OF THE TREASURY)FAR 52.232-33, PAYMENT BY ELECTRONIC FUNDS TRANSFER- SYSTEM FOR AWARD MANAGEMENT (JUL 2013) (31 U.S.C. 3332) 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 Clause) FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013) (Reference FAR 4.1105(a)(1)) FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013)(Reference FAR 4.1105(b)) FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)(Reference FAR 32.706-3) FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)(Reference FAR 32.009-2) FAR 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) (Reference FAR 33.215(b)) FAR 52.247-35 F.O.B. DESTINATION, WITHIN CONSIGNEE'S PREMISES (APR 1984)(Reference FAR 47.303-7(c)) CAR 1352.246-70 PLACE OF ACCEPTANCE (APR 2010) (a) The Contracting Officer or the duly authorized representative will perform inspection and acceptance of supplies and services to be provided under this contract. (b) The place of acceptance will be: Inspection and acceptance will be performed at: U.S. Department of CommerceDOC/NIST 100 Bureau DriveGaithersburg, MD 20899Building: 219Room: G013 (End of clause) CAR 1352.201-70 CONTRACTING OFFICER'S AUTHORITY (APR 2010)(Reference 48 CFR 1301.602-170) CAR 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)(Reference 48 CFR 1309.507-2(c)) CAR 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)(Reference 48 CFR 1309.507-2(d)) CAR 1352.231-71 DUPLICATION OF EFFORT (APR 2010)(Reference 48 CFR 1331.205-70) CAR CLAUSES FULL TEXT CAN BE ACCESSED AT: http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS-REPRESENTATION (FEB 2015) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (End of provision) NIST LOCAL_04 BILLING INSTRUCTIONS The Contractor shall submit an original invoice or voucher in accordance with the payments provisions of this contract to: NISTAccounts Payable Office100 Bureau Drive, Mail Stop 1621Gaithersburg, MD 20899-1621FAX Number: 301-975-8283Email: invoice@nist.gov Each invoice or voucher submitted shall include the following: Contract Number.Contractor Name and Address.Date of Invoice.Invoice Number.Amount of Invoice, and cumulative amount invoiced to-date.Contract Line Item Number (CLIN).Description, quantity, unit of measure, unit price, and extended price of supplies/services delivered.Prompt payment discount terms, if offered.Any other information or documentation required by the contract. (End Clause)

NIST NCNR Lenses and Prisms

Department of Commerce, National Institute of Standards and Technology (NIST) | Published January 14, 2016  -  Deadline January 29, 2016
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THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERICAL 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 SOLICITTION DOCUMENT WILL NOT BE ISSUED. THE SOLICITATION IS BEING ISSUED USING SIMPLIFIED ACQUISITION PROCEDURES. The Request for Quotations (RFQ) number is SB1341-15-RQ-0104. This synopsis/solicitation constitutes a RFQ and incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2005-86-1. The associated North American Industrial Classification System (NAICS) code for this procurement is 333314 - Optical Instrument and Lens Manufacturing, which has a size standard of 500 Employees. Offerors must submit all questions concerning this solicitation in writing, via email, to both the Contract Specialist, Cory Worley at Cory.worley@nist.gov and the Contracting Officer Lynda Roark at Lynda.Roark@nist.gov. Questions should be received no later than five (5) calendar days 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, the question responses included in the amendment to the solicitation will govern performance of the contract. This acquisition is being competed as a 100% small business set-aside. In accordance with the non-manufacturer rule, the contractor shall be a small business under the applicable size standard and shall provide either its own product or that of another domestic small business manufacturing or processing concern. See FAR 19.102(f) for additional information. The U.S. Department of Commerce (DOC), National Institute of Standards and Technology (NIST) Center for Neutron Research (NCNR) has a requirement for lenses and prisms in accordance with the specifications provided in Attachment A - NIST NCNR LENSES AND PRISMS The detailed SOW entitled "NIST NCNR LENSES AND PRISMS" is hereby incorporated by reference and provided as "Attachment A" to this combined synopsis/solicitation. LIST OF ATTACHMENTS: The following pictures and drawings are hereby provided as attachments. The purpose of these attachments is for reference and to provide specification requirements to the Contractor for quotation purposes only.All attachments included in this solicitation are owned by the Government and shall not be reproduced, released, distributed, or otherwise utilized for any purpose other than submission of a quotation and the execution of the required work without the prior written approval of the NIST Contracting Officer.Attachment A: NIST NCNR Lenses and Prisms SOW and Drawings All offerors shall provide a quotation for the following line items: Contract Line Item Number        QTY.       UNIT    UNIT PRICE      TOTAL(CLIN) CLIN 0001 - Biconcave Lenses    200          EA CLIN 0002 - Right Angle Prisms   56           EA The Contractor shall supply the required lenses and prisms as specified in Attachment A - NIST NCNR LENSES AND PRISMS. All items must be new. Used or remanufactured items will not be considered for award. DELIVERY FOB Destination delivery terms are required. Delivery shall be completed within three (3) months of an award. The Contractor shall deliver all equipment to NIST, Building 301, Shipping and Receiving, Gaithersburg, MD 20899-1640. The Contractor shall notify the NIST Technical Point of Contact (TPOC) at least one week prior to shipping. PROVISIONS AND CLAUSES: The following provisions and clauses apply to this acquisition. Those incorporated by reference may be found at the following: All Federal Acquisition Regulation (FAR) clauses may be viewed at: https://www.acquisition.gov/?q=browsefar. All Commerce Acquisition Regulation (CAR) clauses and provisions can be accessed at:http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl. PROVISIONS FAR 52.212-1, INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS(Reference FAR 12.301(b)(1)) INSTRUCTIONS:System for Award Management, SAMIn 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 QuotationsOfferors shall submit their quotations, including the representative material sample, so that NIST receives them not later than 1:00 PM Eastern Standard Time on January 29, 2016. FAX quotations shall not be accepted. E-mail quotations shall be accepted at Cory.Worley@nist.gov. The representative material sample shall be sent to: National Institute of Standards and Technology, Acquisition Management Division, Attn: Cory Worley, 100 Bureau Drive, Mail Stop 1640, Gaithersburg, MD 20899-1640. All offerors should ensure the RFQ number is visible on the outermost packaging. Please reference the RFQ number in the subject line of email communications and packages mailed. Offerors' quotations shall not be deemed received by the Government until the quotation is entered in the e-mail box set forth above. All hand delivered quotations and material shall be made on the actual due date through Gate A, and a 48 hour (excluding weekends and holidays) prior notice shall be provided to Cory Worley, Contract Specialist on 301-975-3635.Addendum to FAR 52.212-1, Quotation Preparation Instructions1. Price Quotation: The offeror shall submit an original and one copy of the completed priced schedule. If the quotation is submitted electronically, additional copies are not required. The pricing quotation shall be separate from any other portion of the quotation. The offeror shall propose a firm fixed-price, FOB Destination for each CLIN. Contractor shall state warranty coverage. Price quotations shall remain valid for a period of 90 days from the date quotations are due. 2. Technical Quotation: The offeror shall submit an original and one copy of the technical quotations. If the quotation is submitted electronically, additional copies are not required. The technical quotation shall address the following: Technical Capability: The offeror shall submit a technical description and/or product literature for the equipment it is proposing, which clearly identifies, at minimum, the manufacturer, part number, and all specifications identified in Attachment A - NIST NCNR Lenses and Prisms SOW and Drawings. The offeror must demonstrate that its proposed equipment meets each requirement described in the statement of work and designs, by providing a citation to the relevant section of its technical description or product literature. The literature must also include certified documentation listing the material makeup of each lens and prism. The documentation must provide the parts per million by weight (ppm) of each material used in the makeup of each lens and prism. If applicable, evidence that the Offeror is authorized by the original manufacturer to provide the items in the quotation shall be included. Representative Material Sample: The Contractor shall submit at least one representative sample material of the item being quoted. The Contractor shall bear all expenses of the sample material and shipping to NIST. Representative Material Samples provided by offerors who are not the successful awardee may request, from the Contract Specialist, to return the sample material. The NIST Health and Physics personnel will determine that no radiation activity has been induced as a result of the neutron transmission measurement test being conducted. If the material is determined to be radiation induced, NIST shall discard the material appropriately. All material will be treated and held confidentially.QUOTATION EVALUATION:Evaluation FactorsThe Government may award a purchase order resulting from this solicitation to the responsible quoter whose quotation, conforming to the solicitation, results in a technically acceptable quotation and is lowest priced. The following will be used to evaluate quotations: Technical CapabilityPrice 1. For the purpose of Technical Capability: No prototypes, demonstration models, used or refurbished instruments will be considered. Evaluation of technical capability shall be based on the information provided in the quotation. NIST will evaluate whether the offeror has demonstrated that its proposed equipment meets or exceeds all requirements identified in Attachment A - NIST NCNR Lenses and Prisms SOW and Drawings. Quotations that do not demonstrate the proposed equipment meets all requirements will not be considered further for award. Representative Sample Material: The Government will test the representative sample material to determine if the quoted product and material demonstrate capability to meet the optical quality single crystal Magnesium Fluoride (MgF2) specification identified in Attachment A - NIST NCNR Lenses and Prisms SOW and Drawings. 2. For the purpose of evaluation of Price: A firm-fixed price, F.O.B. Destination price quotation for equipment in the Statement of Work. The price shall include all work required by the Statement of Work. A. ***This is an Open-Market Combined Synopsis/Solicitation for lenses and prisms, as defined herein. The Government intends to award a Purchase Order as a result of 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 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 an offeror 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; B. Quoters shall provide their 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; C. Quoters 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. 52.225-4 -- BUY AMERICAN CERTIFICATE (MAY 2014) (a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies." (b) Foreign End Products: Line Item No.: Country of Origin:[List as necessary] (c) The Government will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation. (End of Provision)FAR 52.225-18 PLACE OF MANUFACTURE (Mar 2015) (a) Definitions. As used in this clause-"Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except- (1) FSC 5510, Lumber and Related Basic Wood Materials;(2) Federal Supply Group (FSG) 87, Agricultural Supplies;(3) FSG 88, Live Animals;(4) FSG 89, Food and Related Consumables;(5) FSC 9410, Crude Grades of Plant Materials;(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;(8) FSC 9610, Ores;(9) FSC 9620, Minerals, Natural and Synthetic; and(10) FSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. (b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) [ ] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) [ ] Outside the United States. CAR 1352.233-70 AGENCY PROTESTS (APR 2010) An agency protest may be filed with either (1) the Contracting Officer, or (2) at a level above the Contracting Officer, with the agency Protest Decision Authority. See 64 Fed. Reg. 16,651 (April 6, 1999).Agency protests filed with the Contracting Officer shall be sent to the following address: NIST/ACQUISITION MANAGEMENT DIVISIONATTN: LYNDA ROARK, CONTRACTING OFFICER100 Bureau Drive, MS 1640Gaithersburg, MD 20899 Agency protests filed with the Protest Decision Authority shall be sent to the following address: NIST/ACQUISITION MANAGEMENT DIVISIONATTN: HEAD OF THE CONTRACTING OFFICE (HCO)100 Bureau Drive, MS 1640Gaithersburg, MD 20899 A complete copy of all agency protest, 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. Service upon the Contract law Division shall be made as follows: U.S. Department of CommerceOffice of the General CounselChief, Contract Law DivisionRoom 5893Herbert C. Hoover Building14th Street and Constitution Avenue, N.W.Washington, D.C. 20230FAX: (202) 482-5858 CAR 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010) 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. 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. Service upon the Contract Law Division shall be made as follows: U.S. Department of CommerceOffice of the General CounselChief, Contract Law DivisionRoom 5893Herbert C. Hoover Building14th Street and Constitution Avenue, N.W.Washington, D.C. 20230FAX: (202) 482-5858 (End of clause) REPRESENTATION BY CORPORATIONS REGARING 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. CLAUSES FAR 52.212-4, CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (MAY 2015)(Reference FAR 12.301(b)(3)) FAR 52.212-5, CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUES OR EXECUTIVE ORDERS - COMMERICAL ITEMS (JAN 2016) The following additional FAR clauses cited in FAR 52.212-5 are applicable to this acquisition - FAR 52.204-10, REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (OCT 2015) (PUB. L. 109-282) (31 U.S.C. 6101 NOTE)FAR 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)FAR 52.219-6, NOTICE OF TOTAL SMALL BUSINESS ASIDE (NOV 2011) (15 U.S.C. 644) FAR 52.219-28, POST AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013) (15 U.S.C. 632(a)(2))FAR 52.222-3, CONVICT LABOR (JUNE 2003) (E.O. 11755).FAR 52.222-19, CHILD LABOR-COOPERATION WITH AUTHORITIES AND REMEDIES (JAN 2016) (E.O. 13126)FAR 52.222-21, PROHIBITION OF SEGREGATED FACILITIES (APR 2015)FAR 52.222-26, EQUAL OPPORTUNITY (APR 2015) (E.O. 11246)FAR 52.222-36, EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014) (29 U.S.C. 793)FAR 52.222-50, COMBATING TRAFFICKING IN PERSONS (MAR 2015) (22 U.S.C. CHAPTER 78 AND E.O. 13627)FAR 52.223-18, ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011) (E.O. 13513)FAR 52.225-1, BUY AMERICAN- - SUPPLIES (MAY 2014) (41 U.S.C. chapter 83)FAR 52.225-13, RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008) (E.O.'S, PROCLAMATIONS, AND STATUTES ADMINISTERED BY THE OFFICE OF FOREIGN ASSETS CONTROL OF THE DEPARTMENT OF THE TREASURY)FAR 52.232-33, PAYMENT BY ELECTRONIC FUNDS TRANSFER- SYSTEM FOR AWARD MANAGEMENT (JUL 2013) (31 U.S.C. 3332) FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013) (Reference FAR 4.1105(a)(1)) FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013)(Reference FAR 4.1105(b)) FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)(Reference FAR 32.706-3) FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)(Reference FAR 32.009-2) FAR 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) (Reference FAR 33.215(b)) FAR 52.247-35 F.O.B. DESTINATION, WITHIN CONSIGNEE'S PREMISES (APR 1984)(Reference FAR 47.303-7(c)) CAR 1352.246-70 PLACE OF ACCEPTANCE (APR 2010) (a) The Contracting Officer or the duly authorized representative will perform inspection and acceptance of supplies and services to be provided under this contract. (b) The place of acceptance will be: Inspection and acceptance will be performed at:U.S. Department of CommerceDOC/NIST 100 Bureau DriveGaithersburg, MD 20899Building: 235 (End of clause) CAR 1352.201-70 CONTRACTING OFFICER'S AUTHORITY (APR 2010)(Reference 48 CFR 1301.602-170) CAR 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)(Reference 48 CFR 1309.507-2(c)) CAR 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)(Reference 48 CFR 1309.507-2(d)) CAR 1352.231-71 DUPLICATION OF EFFORT (APR 2010)(Reference 48 CFR 1331.205-70) PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS-REPRESENTATION (FEB 2015) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.(End of provision) NIST LOCAL_04 BILLING INSTRUCTIONS The Contractor shall submit an original invoice or voucher in accordance with the payments provisions of this contract to: NISTAccounts Payable Office100 Bureau Drive, Mail Stop 1621Gaithersburg, MD 20899-1621FAX Number: 301-975-8283Email: invoice@nist.gov Each invoice or voucher submitted shall include the following: Contract Number.Contractor Name and Address.Date of Invoice.Invoice Number.Amount of Invoice, and cumulative amount invoiced to-date.Contract Line Item Number (CLIN).Description, quantity, unit of measure, unit price, and extended price of supplies/services delivered.Prompt payment discount terms, if offered.Any other information or documentation required by the contract.(End Clause)

Compton Suppression System

Department of Commerce, National Institute of Standards and Technology (NIST) | Published March 16, 2016  -  Deadline March 31, 2016
cpvs

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 UTILIZING SIMPLIFIED ACQUISITION PROCEDURES UNDER FAR SUBPART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS. The Request for Quotations (RFQ) number is SB1341-16-RQ-0215. This synopsis/solicitation constitutes a RFQ and incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2005-86-1. The associated North American Industrial Classification System (NAICS) code for this procurement is 334516 - Analytical Laboratory Instrument Manufacturing, which has a size standard of 1000 Employees. Offerors must submit all questions concerning this solicitation in writing, via email, to both the Contract Specialist, Cory Worley at Cory.Worley@nist.gov and the Contracting Officer Patrick Staines at Patrick.Staines@nist.gov. Questions should be received no later than five (5) calendar days 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, the question responses included in the amendment to the solicitation will govern performance of the contract. This acquisition is being competed as a full and open competition. In accordance with the non-manufacturer rule, the contractor shall be a small business under the applicable size standard and shall provide either its own product or that of another domestic small business manufacturing or processing concern. See FAR 19.102(f) for additional information. The U.S. Department of Commerce (DOC), National Institute of Standards and Technology (NIST) Physical Measurements Laboratory (PML) Radiation Physics Division (RPD) Radioactivity Group has a requirement for a Compton Suppression System in accordance with the specifications provided in Attachment A - NIST Compton Suppression System Requirements Document. The detailed Requirements Document entitled "NIST Compton Suppression System Requirements Document" is hereby incorporated by reference and provided as "Attachment A" to this combined synopsis/solicitation. LIST OF ATTACHMENTS: The following specifications are hereby provided as attachments. The purpose of these attachments is for reference and to provide specification requirements to the Contractor for quotation purposes only.All attachments included in this solicitation are owned by the Government and shall not be reproduced, released, distributed, or otherwise utilized for any purpose other than submission of a quotation and the execution of the required work without the prior written approval of the NIST Contracting Officer. Attachment A: NIST Compton Suppression System Requirements Document All offerors shall provide a quotation for the following line item: (All equipment must be new. Used, refurbished, prototype, or remanufactured will not be considered for award). Contract Line Item Number (CLIN) QTY. UNIT UNIT PRICE APPLICABLE DISCOUNTS TOTALCLIN 0001 - Compton Suppression System meeting the requirements listed in Attachment A 1 EA DELIVERABLES: Deliverables: Deliverable 1: The Contractor shall deliver the final system not later than six (6) months after receipt of order. Delivery shall be FOB Destination within Consignee's premises. 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 any 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. The contractor shall deliver the items to NIST, BLD 301 Shipping and Receiving Gaithersburg, MD 20899. The Contractor shall notify the NIST Technical Point of Contact (TPOC) at least one week prior to shipping. The ultimate destination for this equipment is NIST Gaithersburg, MD Building 245 Room C025. Installation: The system shall be installed by the Contractor and meet contract specifications no later than ten (10) days after delivery. Installation, at a minimum, shall include uncrating/unpackaging of all equipment, rigging, set up and hook up of the system, demonstration of all specifications, and removal of trash. Onsite installation and demonstration shall be done at NIST Gaithersburg, MD Building 245 Room C025. Express Warranty: The contractor shall warrant the entire system for a period of at least one year. The warranty must include unlimited telephone/e-mail support for questions regarding operation. All costs including parts, labor, travel, and other expenses necessary to repair the system will be borne solely by the contractor at no additional cost to the U.S. Government. Inspection and Acceptance: In addition to the inspection and acceptance terms articulated in 52.212-4, the Government reserves the right to perform such performance tests and evaluations as defined below to verify specified system performance. Such tests and evaluations, if performed, shall be conducted within the environment that the system is to be operated. The Contractor has the right to be present during the tests and evaluations, if performed, at the Contractor's expense. The following tests shall be performed within 14 days after receipt of instrument: NIST will conduct testing to ensure that the system meets the required specifications listed in Attachment A - NIST SSD Cryogen-Free Optical Cryostat System. PROVISIONS AND CLAUSES: The following provisions and clauses apply to this acquisition. Those incorporated by reference may be found at the following: All Federal Acquisition Regulation (FAR) clauses may be viewed at: https://www.acquisition.gov/?q=browsefar. All Commerce Acquisition Regulation (CAR) clauses and provisions can be accessed at:http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl. PROVISIONS FAR 52.212-1, INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS(Reference FAR 12.301(b)(1)) INSTRUCTIONS: System for Award Management (SAM) 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 quotations so that NIST receives them not later than 1:00 PM Eastern Standard Time on March 31, 2016. FAX quotations shall not be accepted. E-mail quotations shall be accepted at Cory.Worley@nist.gov. Please reference the RFQ number in the subject line of email communications and packages mailed. Offerors' quotations shall not be deemed received by the Government until the quotation is entered in the e-mail box set forth above. Quotation Submission Requirements: 1). Price Quotation: The offeror shall submit an original and four copies of the completed price schedule. If the quotation is submitted electronically, additional copies are not required. The pricing quotation shall be separate from any other portion of the quotation. The offeror shall provide a firm-fixed-price, FOB Destination is required, for each CLIN. Price quotations shall remain valid for a period of 90 days from the date quotations are due. 2). Technical Quotation: The technical quotation shall address the following: Technical Capability: The offeror shall submit a technical description or product literature for the system it is proposing, which clearly identifies each requirement listed above and in the Statement of Work (Attachment A). The offeror must demonstrate that its proposed system meets or exceeds each minimum requirement described above and in the Statement of Work (Attachment A) by providing a citation to the relevant section of its technical description or product literature. The contractor must not simply state they will meet the requirement; evidence must be provided. If applicable, evidence that the Offeror is authorized by the original provider to provide the item(s) in the quotation should be included. 3). Acceptance of RFQ terms and conditions: This is an open-market solicitation for equipment as defined herein. The Government intends to award a Purchase Order as a result of this solicitation that will include the clauses set forth herein. The quotation should include one of the following statements: "The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition." OR "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) Note: This procurement is not being conducted under the GSA Federal Supply Schedule (FSS) program or another Government-Wide Area Contract (GWAC). If an offeror 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. Evaluation Criteria: The award shall be made to the Offeror whose quotation, conforming to the solicitation, results in a technically acceptable quotation and is the lowest priced. Each quotation will be evaluated against the factors described below. An offeror's failure to address any factor may be considered indicative of the offeror's lack of understanding of the Government's requirements and may result in the offer being determined unacceptable. Quotations will be evaluated based on the factors identified below: Evaluation Factors: 1. Technical Capability: Evaluation of Technical Capability shall be based on the information provided in the quotation. NIST will evaluate whether the offeror(s) has demonstrated that its proposed equipment and services, meets or exceeds all requirements. Quotations that do not demonstrate the proposed equipment and services meets all requirements will not be considered further for award. 2. Price: A Firm-Fixed-Price (FFP), FOB Destination price quotation for The Government will evaluate the Contractor's ability to deliver an efficient and effective quotation at a fair and reasonable price. FAR 52.225-6 TRADE AGREEMENTS CERTIFICATE (MAY 2014) (a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements." (b) The offeror shall list as other end products those supplies that are not U.S.-made or designated country end products. Other End Products Line Item No.: Country of Origin:[List as necessary] (c) The Government will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for those products are insufficient to fulfill the requirements of this solicitation. (End of Provision)FAR 52.225-18 PLACE OF MANUFACTURE (Mar 2015) (a) Definitions. As used in this clause-"Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except- (1) FSC 5510, Lumber and Related Basic Wood Materials;(2) Federal Supply Group (FSG) 87, Agricultural Supplies;(3) FSG 88, Live Animals;(4) FSG 89, Food and Related Consumables;(5) FSC 9410, Crude Grades of Plant Materials;(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;(8) FSC 9610, Ores;(9) FSC 9620, Minerals, Natural and Synthetic; and(10) FSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. (b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) [ ] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) [ ] Outside the United States. CAR 1352.233-70 AGENCY PROTESTS (APR 2010) An agency protest may be filed with either (1) the Contracting Officer, or (2) at a level above the Contracting Officer, with the agency Protest Decision Authority. See 64 Fed. Reg. 16,651 (April 6, 1999).Agency protests filed with the Contracting Officer shall be sent to the following address: NIST/ACQUISITION MANAGEMENT DIVISIONATTN: PATRICK STAINES, CONTRACTING OFFICER100 Bureau Drive, MS 1640Gaithersburg, MD 20899 Agency protests filed with the Protest Decision Authority shall be sent to the following address: NIST/ACQUISITION MANAGEMENT DIVISIONATTN: HEAD OF THE CONTRACTING OFFICE (HCO)100 Bureau Drive, MS 1640Gaithersburg, MD 20899 A complete copy of all agency protest, 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. Service upon the Contract law Division shall be made as follows: U.S. Department of CommerceOffice of the General CounselChief, Contract Law DivisionRoom 5893Herbert C. Hoover Building14th Street and Constitution Avenue, N.W.Washington, D.C. 20230FAX: (202) 482-5858 CAR 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010) 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. 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. Service upon the Contract Law Division shall be made as follows: U.S. Department of CommerceOffice of the General CounselChief, Contract Law DivisionRoom 5893Herbert C. Hoover Building14th Street and Constitution Avenue, N.W.Washington, D.C. 20230FAX: (202) 482-5858 (End of clause) REPRESENTATION BY CORPORATIONS REGARING 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. CLAUSES FAR 52.212-4, CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (MAY 2015)(Reference FAR 12.301(b)(3)) FAR 52.212-5, CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUES OR EXECUTIVE ORDERS - COMMERICAL ITEMS (JAN 2016) The following additional FAR clauses cited in FAR 52.212-5 are applicable to this acquisition - FAR 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)FAR 52.204-10, REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (OCT 2015) (PUB. L. 109-282) (31 U.S.C. 6101 NOTE)FAR 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)FAR 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)FAR 52.219-8, UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2014) (15 U.S.C. 637(d)(2) and (3))FAR 52.219-28, POST AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013) (15 U.S.C. 632(a)(2))FAR 52.222-3, CONVICT LABOR (JUNE 2003) (E.O. 11755).FAR 52.222-19, CHILD LABOR-COOPERATION WITH AUTHORITIES AND REMEDIES (JAN 2016) (E.O. 13126)FAR 52.222-21, PROHIBITION OF SEGREGATED FACILITIES (APR 2015)FAR 52.222-26, EQUAL OPPORTUNITY (APR 2015) (E.O. 11246)FAR 52.222-35, EQUAL OPPORTUNITY FOR VETERANS (OCT 2015) (38 U.S.C. 4212)FAR 52.222-36, EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014) (29 U.S.C. 793)FAR 52.222.37, EMPLOYMENT REPORTS ON VETERANS (OCT 2015) (38 U.S.C. 4212)FAR 52.222-40, NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010) (E.O. 13496)FAR 52.222-50, COMBATING TRAFFICKING IN PERSONS (MAR 2015) (22 U.S.C. CHAPTER 78 AND E.O. 13627)FAR 52.223-18, ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011) (E.O. 13513)FAR 52.225-1, BUY AMERICAN - SUPPLIES (MAY 2014) (41 U.S.C. CHAPTER 83)FAR 52.225-13, RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008) (E.O.'S, PROCLAMATIONS, AND STATUTES ADMINISTERED BY THE OFFICE OF FOREIGN ASSETS CONTROL OF THE DEPARTMENT OF THE TREASURY)FAR 52.232-33, PAYMENT BY ELECTRONIC FUNDS TRANSFER- SYSTEM FOR AWARD MANAGEMENT (JUL 2013) (31 U.S.C. 3332) 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 Clause) FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013) (Reference FAR 4.1105(a)(1)) FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013)(Reference FAR 4.1105(b)) FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)(Reference FAR 32.706-3) FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)(Reference FAR 32.009-2) FAR 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) (Reference FAR 33.215(b)) FAR 52.247-35 F.O.B. DESTINATION, WITHIN CONSIGNEE'S PREMISES (APR 1984)(Reference FAR 47.303-7(c)) CAR 1352.246-70 PLACE OF ACCEPTANCE (APR 2010) (a) The Contracting Officer or the duly authorized representative will perform inspection and acceptance of supplies and services to be provided under this contract. (b) The place of acceptance will be: Inspection and acceptance will be performed at:U.S. Department of CommerceDOC/NIST 100 Bureau DriveGaithersburg, MD 20899Building: XXX (End of clause) CAR 1352.201-70 CONTRACTING OFFICER'S AUTHORITY (APR 2010)(Reference 48 CFR 1301.602-170) CAR 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)(Reference 48 CFR 1309.507-2(c)) CAR 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)(Reference 48 CFR 1309.507-2(d)) CAR 1352.231-71 DUPLICATION OF EFFORT (APR 2010)(Reference 48 CFR 1331.205-70) CAR CLAUSES FULL TEXT CAN BE ACCESSED AT: http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tplPROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS-REPRESENTATION (FEB 2015) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.(End of provision) NIST LOCAL_04 BILLING INSTRUCTIONS The Contractor shall submit an original invoice or voucher in accordance with the payments provisions of this contract to: NISTAccounts Payable Office100 Bureau Drive, Mail Stop 1621Gaithersburg, MD 20899-1621FAX Number: 301-975-8283Email: invoice@nist.gov Each invoice or voucher submitted shall include the following: Contract Number.Contractor Name and Address.Date of Invoice.Invoice Number.Amount of Invoice, and cumulative amount invoiced to-date.Contract Line Item Number (CLIN).Description, quantity, unit of measure, unit price, and extended price of supplies/services delivered.Prompt payment discount terms, if offered.Any other information or documentation required by the contract. (End Clause)

NIST NCNR FLOWMETERS

Department of Commerce, National Institute of Standards and Technology (NIST) | Published July 13, 2016  -  Deadline July 20, 2016
cpvs

THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERICAL 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 SOLICITTION DOCUMENT WILL NOT BE ISSUED. THE SOLICITATION IS BEING ISSUED USING SIMPLIFIED ACQUISITION PROCEDURES. The Request for Quotations (RFQ) number is SB1341-16-RQ-0613. This synopsis/solicitation constitutes a RFQ and incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2005-88. The associated North American Industrial Classification System (NAICS) code for this procurement is 334513 - Instruments and Related Products Manufacturing for Measuring, Displaying, and Controlling Industrial Process Variables, which has a size standard of 750 Employees. This procurement is being issued as a 100% small business set-aside. Commerce Acquisition Regulation (CAR) 1352.215-72 INQUIRIES (APR 2010) Offerors must submit all questions concerning this solicitation in writing, via email, to both the Contract Specialist, Cory Worley at Cory.worley@nist.gov and the Contracting Officer Patrick Staines at Patrick.Staines@nist.gov. Questions should be received no later than five (5) calendar days 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, the question responses included in the amendment to the solicitation will govern performance of the contract. BACKGROUND The U.S. Department of Commerce (DOC), National Institute of Standards and Technology (NIST) Center for Neutron Research (NCNR) has a requirement for thermal shield flowmeter transmitters in accordance with the specifications provided within this solicitation. The NCNR owns and operates a 20 MW test reactor that is licensed by the Nuclear Regulatory Commission. The reactor is being used for the performance of world class scientific research. Over the many years of its existence the reactor has undergone many modifications and upgrades to maintain it in good running order. One of the systems that underwent a major change was the reactor's Thermal Shield. The Thermal Shield System provides cooling water for the Biological Shield encircling the reactor. The water contains low level radioactive contamination. Portions of the thermal shield operate at either positive or negative pressure relative to ambient. It consists of 188 copper coolant pipes connected to Headers for cooling the Biological Shield in the Confinement building C-100. The existing flow monitoring system includes 188 flowmeter transmitters all calibrated to produce a 4-20 mA signal on a 24 Vdc powered current loop. The system fluid composition is made up of demineralized water with magnesium carbonated concentration of 5.5 g/liter of water. Since this is a retrofit project, the size of the flow switch and Inlet/Outlet fitting locations are very important. It is imperative that the new unit fit in the same space as the existing unit, and have the same end fittings and orientation. Due to the low flow of the system, the low flow range is extremely important. REQUIREMENTS: The Contractor shall provide a Firm-Fixed-Price quotation for the following: Contract Line Item 0001, Quantity four (4), Flow switches, meeting or exceeding the following minimum requirements: (Used or refurbished equipment will not be considered for award, all equipment must be new): 1) Flow switcha. No moving parts to measure flow (e.g. paddle wheel type, float type, etc. are unacceptable)b. One-piece constructionc. Thermal Dispersion style flow switch is preferable.d. Standard off-the-shelf component.e. Two wire normally open dry contact outputf. System power is 24 Vdcg. Flow switch trip point boundaries shall be between 0.2 to 0.3 gpm.h. Flow switch set point accuracy 15% max.i. System operating pressure range is 10 to 50 psiaj. Maximum size of flow switch, refer to sketch number SK-1373 for border limitations and orientation.k. Maximum operating water temperature is 120° F.l. Wetted Part limitations1. All wetted parts shall be stainless steel2. No Teflon allowed.3. No brass, copper, or aluminum allowedm. Flow switch must be attached to a TEE fitting (housing) and calibrated by the manufactured for use in the supplied housing. Housing shall be made of Stainless Steel.1. Inlet and outlet port openings must be ½" FNPT stainless steel on each end of the flow switch assembly. Contract Line Item 0002, Quantity two-hundred (200), Flow switches, meeting or exceeding the following minimum requirements: (Used or refurbished equipment will not be considered for award, all equipment must be new): 1) Flow switcha. No moving parts to measure flow (e.g. paddle wheel type, float type, etc. are unacceptable)b. One-piece constructionc. Thermal Dispersion style flow switch is preferable.d. Standard off-the-shelf component.e. Two wire normally open dry contact outputf. System power is 24 Vdcg. Flow switch trip point boundaries shall be between 0.2 to 0.3 gpm.h. Flow switch set point accuracy 15% max.i. System operating pressure range is 10 to 50 psiaj. Maximum size of flow switch, refer to sketch number SK-1373 for border limitations and orientation.k. Maximum operating water temperature is 120° F.l. Wetted Part limitations1. All wetted parts shall be stainless steel2. No Teflon allowed.3. No brass, copper, or aluminum allowedm. Flow switch must be attached to a TEE fitting (housing) and calibrated by the manufactured for use in the supplied housing. Housing shall be made of Stainless Steel.1. Inlet and outlet port openings must be ½" FNPT stainless steel on each end of the flow switch assembly. Express Warranty The Contractor shall warrant the entire system for a period of at least one year. The warranty must include unlimited telephone/e-mail support for questions regarding operation. All costs including parts, labor, travel, and other expenses necessary to repair the system will be borne solely by the contractor at no additional cost to the U.S. Government during the warranty period. Delivery Delivery shall be FOB DESTINATION (Gaithersburg, MD) and shall be in accordance with the Contractor's standard commercial delivery timeframe. Inspection and Acceptance: In addition to the inspection and acceptance terms articulated in 52.246-2, the Government reserves the right to perform such performance tests and evaluations as defined below to verify specified system performance. Such tests and evaluations, if performed, shall be conducted within the environment that the system is operated. The Contractor has the right to be present during the tests and evaluations, if performed, at the Contractors expense. The Government anticipates inspection and acceptance to be completed within fifteen (15) days from installation. LIST OF ATTACHMENTS: The following pictures and drawings are hereby provided as attachments. The purpose of these attachments is for reference and to provide specification requirements to the Contractor for quotation purposes only.All attachments included in this solicitation are owned by the Government and shall not be reproduced, released, distributed, or otherwise utilized for any purpose other than submission of a quotation and the execution of the required work without the prior written approval of the NIST Contracting Officer.Attachment A: SK-1373 Drawings shall serve as "shop drawings" and should only be considered as a reference. PROVISIONS AND CLAUSES: The following provisions and clauses apply to this acquisition. Those incorporated by reference may be found at the following: All Federal Acquisition Regulation (FAR) clauses may be viewed at: https://www.acquisition.gov/?q=browsefar. All Commerce Acquisition Regulation (CAR) clauses and provisions can be accessed at:http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl. PROVISIONS FAR 52.212-1, INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS(Reference FAR 12.301(b)(1)) INSTRUCTIONS: System for Award Management, SAM 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 quotations so that NIST receives them not later than 1:00 PM Eastern Standard Time on July 20, 2016. FAX quotations shall not be accepted. E-mail quotations shall be accepted at Cory.Worley@nist.gov.Please reference the RFQ number in the subject line of email communications and packages mailed. Offerors' quotations shall not be deemed received by the Government until the quotation is entered in the e-mail box set forth above. All hand delivered quotations and material shall be made on the actual due date through Gate A, and a 48 hour (excluding weekends and holidays) prior notice shall be provided to Cory Worley, Contract Specialist on 301-975-3635. Addendum to FAR 52.212-1, Quotation Preparation Instructions1. Price Quotation: The offeror shall submit an original and one copy of the completed priced schedule. If the quotation is submitted electronically, additional copies are not required. The pricing quotation shall be separate from any other portion of the quotation. The offeror shall propose a firm fixed-price, FOB Destination for each CLIN. Contractor shall state warranty coverage. Price quotations shall remain valid for a period of 90 days from the date quotations are due. 2. Technical Quotation: The offeror shall submit an original and one copy of the technical quotations. If the quotation is submitted electronically, additional copies are not required. The technical quotation shall address the following: Technical Capability: The offeror shall submit a technical description or product literature for the item it is proposing, which clearly identifies each requirement listed above. The offeror must demonstrate that its proposed item meets or exceeds each minimum requirement described above by providing a citation to the relevant section of its technical description or product literature. Offerors must not simply state they will meet the requirement; evidence must be provided. If applicable, evidence that the Offeror is authorized by the original provider to provide the item(s) in the quotation should be included. 3. Acceptance of RFQ terms and conditions: This is an Open-Market Combined Synopsis/Solicitation for a mezzanine in accordance with the attached Statement of Work and drawings. The Government intends to award a Purchase Order as a result of 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 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 an offeror 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; 4. Quoters shall provide their 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; 5. Quoters 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. QUOTATION EVALUATION: Evaluation FactorsThe award shall be made to the Offeror whose quotation offers the lowest priced, technically acceptable offer to the Government. Award shall be made to the offeror(s) whose quotation offers the lowest priced, technically acceptable CLIN. The Government reserves the right to make multiple awards, on a per CLIN basis and may not award on an "all or nothing" basis. The Government will evaluate quotations based on the following evaluation criteria: 1) Technical Capability 2). Price. Technical Capability: No prototypes, demonstration models, used or refurbished instruments will be considered. Evaluation of technical capability shall be based on the information provided in the quotation. NIST will evaluate whether the offeror has demonstrated that its proposed equipment meets or exceeds all minimum requirements, as well as any areas where offers demonstrate exceeding the minimum requirements. Quotations that do not demonstrate the proposed equipment meets all requirements will not be considered further for award. If an offerors technical description and/or product literature does not indicate whether its proposed equipment meets a certain minimum requirement, and/or the offeror does not submit the test measurements/data from a real device, NIST will determine that it does not meet the requirements. Price: The Government will evaluate all CLINS, including the Option CLIN, for price reasonableness 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) 52.225-4 -- BUY AMERICAN CERTIFICATE (MAY 2014) (a) The offeror certifies that each end product, except those listed in paragraph (b) or (c) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." (b) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:Line Item No.: Country of Origin:[List as necessary] (c) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (b) of this provision) as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreement--Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products:Line Item No.: Country of Origin:[List as necessary] (d) The Government will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation. (End of Provision) FAR 52.225-18 PLACE OF MANUFACTURE (Mar 2015) (a) Definitions. As used in this clause-"Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except- (1) FSC 5510, Lumber and Related Basic Wood Materials;(2) Federal Supply Group (FSG) 87, Agricultural Supplies;(3) FSG 88, Live Animals;(4) FSG 89, Food and Related Consumables;(5) FSC 9410, Crude Grades of Plant Materials;(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;(8) FSC 9610, Ores;(9) FSC 9620, Minerals, Natural and Synthetic; and(10) FSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. (b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) [ ] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) [ ] Outside the United States. FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016) (a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--(1) 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 an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.(b) The Offeror represents that-(1) 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; and (2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (End of provision) CAR 1352.233-70 AGENCY PROTESTS (APR 2010) An agency protest may be filed with either (1) the Contracting Officer, or (2) at a level above the Contracting Officer, with the agency Protest Decision Authority. See 64 Fed. Reg. 16,651 (April 6, 1999).Agency protests filed with the Contracting Officer shall be sent to the following address: NIST/ACQUISITION MANAGEMENT DIVISIONATTN: PATRICK STAINES, CONTRACTING OFFICER100 Bureau Drive, MS 1640Gaithersburg, MD 20899 Agency protests filed with the Protest Decision Authority shall be sent to the following address: NIST/ACQUISITION MANAGEMENT DIVISIONATTN: HEAD OF THE CONTRACTING OFFICE (HCO)100 Bureau Drive, MS 1640Gaithersburg, MD 20899 A complete copy of all agency protest, 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. Service upon the Contract law Division shall be made as follows: U.S. Department of CommerceOffice of the General CounselChief, Contract Law DivisionRoom 5893Herbert C. Hoover Building14th Street and Constitution Avenue, N.W.Washington, D.C. 20230FAX: (202) 482-5858 CAR 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010) 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. 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. Service upon the Contract Law Division shall be made as follows: U.S. Department of CommerceOffice of the General CounselChief, Contract Law DivisionRoom 5893Herbert C. Hoover Building14th Street and Constitution Avenue, N.W.Washington, D.C. 20230FAX: (202) 482-5858 (End of clause) CLAUSES FAR 52.212-4, CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (MAY 2015)(Reference FAR 12.301(b)(3)) FAR 52.212-5, CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUES OR EXECUTIVE ORDERS - COMMERICAL ITEMS (JUN 2016) The following additional FAR clauses cited in FAR 52.212-5 are applicable to this acquisition - FAR 52.204-10, REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (OCT 2015) (PUB. L. 109-282) (31 U.S.C. 6101 NOTE)FAR 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)FAR 52.219-4 NOTICE OF PRICE EVALUATION PREFERANCE FOR HUBZONE SMALL BUSINESS CONCERNS (OCT 2014) (15 U.S.C. 657a)FAR 52.219-28, POST AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013) (15 U.S.C. 632(a)(2))FAR 52.222-3, CONVICT LABOR (JUNE 2003) (E.O. 11755).FAR 52.222-19, CHILD LABOR-COOPERATION WITH AUTHORITIES AND REMEDIES (JAN 2016) (E.O. 13126)FAR 52.222-21, PROHIBITION OF SEGREGATED FACILITIES (APR 2015)FAR 52.222-26, EQUAL OPPORTUNITY (APR 2015) (E.O. 11246)FAR 52.222-36, EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014) (29 U.S.C. 793)FAR 52.222-50, COMBATING TRAFFICKING IN PERSONS (MAR 2015) (22 U.S.C. CHAPTER 78 AND E.O. 13627)FAR 52.223-18, ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011) (E.O. 13513)FAR 52.225-1, BUY AMERICAN - FREE TRADE AGREEMENTS - ISRAELI TRADE ACT (MAY 2014) ALT I (MAY 2014)FAR 52.225-13, RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008) (E.O.'S, PROCLAMATIONS, AND STATUTES ADMINISTERED BY THE OFFICE OF FOREIGN ASSETS CONTROL OF THE DEPARTMENT OF THE TREASURY)FAR 52.232-33, PAYMENT BY ELECTRONIC FUNDS TRANSFER- SYSTEM FOR AWARD MANAGEMENT (JUL 2013) (31 U.S.C. 3332) FAR 52.217-7 OPTION FOR INCREASED QUANTITY -- SEPARATELY PRICED LINE ITEM (MAR 1989) The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within one-year from date of award. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree. (End of Clause) 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 Clause) FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013) (Reference FAR 4.1105(a)(1)) FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013)(Reference FAR 4.1105(b)) FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)(Reference FAR 32.706-3) FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)(Reference FAR 32.009-2) FAR 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) (Reference FAR 33.215(b)) FAR 52.247-35 F.O.B. DESTINATION, WITHIN CONSIGNEE'S PREMISES (APR 1984)(Reference FAR 47.303-7(c)) CAR 1352.246-70 PLACE OF ACCEPTANCE (APR 2010) (a) The Contracting Officer or the duly authorized representative will perform inspection and acceptance of supplies and services to be provided under this contract. (b) The place of acceptance will be: Inspection and acceptance will be performed at:U.S. Department of CommerceDOC/NIST 100 Bureau DriveGaithersburg, MD 20899Building: 235 (End of clause) CAR 1352.201-70 CONTRACTING OFFICER'S AUTHORITY (APR 2010)(Reference 48 CFR 1301.602-170) CAR 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)(Reference 48 CFR 1309.507-2(c)) CAR 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)(Reference 48 CFR 1309.507-2(d)) CAR 1352.231-71 DUPLICATION OF EFFORT (APR 2010)(Reference 48 CFR 1331.205-70) CAR CLAUSES FULL TEXT CAN BE ACCESSED AT: http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tplPROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS-REPRESENTATION (FEB 2015) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.(End of provision) NIST LOCAL_04 BILLING INSTRUCTIONS The Contractor shall submit an original invoice or voucher in accordance with the payments provisions of this contract to: NISTAccounts Payable Office100 Bureau Drive, Mail Stop 1621Gaithersburg, MD 20899-1621FAX Number: 301-975-8283Email: invoice@nist.gov Each invoice or voucher submitted shall include the following: Contract Number.Contractor Name and Address.Date of Invoice.Invoice Number.Amount of Invoice, and cumulative amount invoiced to-date.Contract Line Item Number (CLIN).Description, quantity, unit of measure, unit price, and extended price of supplies/services delivered.Prompt payment discount terms, if offered.Any other information or documentation required by the contract. (End Clause)

NCNR DCS-VSANS MEZZANINE

Department of Commerce, National Institute of Standards and Technology (NIST) | Published May 11, 2016  -  Deadline June 1, 2016
cpvs

THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERICAL 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 SOLICITTION DOCUMENT WILL NOT BE ISSUED. THE SOLICITATION IS BEING ISSUED USING SIMPLIFIED ACQUISITION PROCEDURES. The Request for Quotations (RFQ) number is SB1341-16-RQ-0373. This synopsis/solicitation constitutes a RFQ and incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2005-87-2. The associated North American Industrial Classification System (NAICS) code for this procurement is 332312 - Fabricated Structural Metal Manufacturing, which has a size standard of 500 Employees. Offerors must submit all questions concerning this solicitation in writing, via email, to both the Contract Specialist, Cory Worley at Cory.worley@nist.gov and the Contracting Officer Patrick Staines at Patrick.Staines@nist.gov. Questions should be received no later than five (5) calendar days 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, the question responses included in the amendment to the solicitation will govern performance of the contract. This acquisition is being competed as a 100% small business set-aside. In accordance with the non-manufacturer rule, the contractor shall be a small business under the applicable size standard and shall provide either its own product or that of another domestic small business manufacturing or processing concern. See FAR 19.102(f) for additional information. The U.S. Department of Commerce (DOC), National Institute of Standards and Technology (NIST) Center for Neutron Research (NCNR) has a requirement for a mezzanine in accordance with the specifications provided in Attachment A - NIST NCNR DCS-VSANS MEZZANINE. The detailed SOW entitled "NIST NCNR DCS-VSANS MEZZANINE" is hereby incorporated by reference and provided as "Attachment A" to this combined synopsis/solicitation. LIST OF ATTACHMENTS: The following pictures and drawings are hereby provided as attachments. The purpose of these attachments is for reference and to provide specification requirements to the Contractor for quotation purposes only.All attachments included in this solicitation are owned by the Government and shall not be reproduced, released, distributed, or otherwise utilized for any purpose other than submission of a quotation and the execution of the required work without the prior written approval of the NIST Contracting Officer.Attachment A: NIST NCNR DCS-VSANS MEZZANINEAttachment B: DCS-VSANS Mezzanine 2D DrawingsAttachment C: DCS-VSANS Mezzanine 3D DrawingsAttachment D: NG-3 and NG-4 General View Drawings shall serve as "shop drawings". The drawings provided in Attachment B - DCS-VSANS Mezzanine 2D contains PDF drawings of the mezzanine. Attachment C - DCS-VSANS Mezzanine 3D, contains STP and IGES files containing a 3D representation of the mezzanine. The information in the drawings shall be kept and followed, unless otherwise specified in Attachment A - NIST NCNR DCS-VSANS MEZZANINE. AutoCAD files in 3D and 2D can be provided if requested. Offerors shall provide their request for AutoCAD files in 3D and 2D to NCNR no later than five (5) days after issuance of this RFQ. All offerors shall provide a quotation for the following line items: Contract Line Item Number (CLIN) QTY. UNIT UNIT PRICE APPLICABLE DISCOUNTS TOTALCLIN 0001 - Mezzanine in accordance with the Attached SOW and Drawings 1 EA The Contractor shall supply the required mezzanine as specified in the attachments and drawings provided. All items must be new. Used or remanufactured items will not be considered for award. DELIVERY FOB Destination delivery terms are required. Delivery shall be completed within ten (10) weeks of an award. The Contractor shall deliver all equipment to NIST, Building 301, Shipping and Receiving, Gaithersburg, MD 20899-1640. The Contractor shall notify the NIST Technical Point of Contact (TPOC) at least one week prior to shipping. SITE VISIT A SITE VISIT shall take place on May 23, 2016 at 10:00 a.m. Eastern Time. The site visit shall begin promptly at 10:00 a.m. Attendees must be on-site by 9:30 a.m. The site visit shall allow Contractors to view the space where the mezzanine will be installed. Potential Contractors are strongly encouraged to attend the site visit. In no event shall failure to inspect the site constitute grounds for a claim after contract award. Attendees shall convene at NIST, Building 235, Entrance Area, 100 Bureau Drive, Gaithersburg, Maryland. Site Visit Security Requirements Because of heightened security, Contractors who are planning to attend the site visit shall e-mail their intention to attend to Cory Worley, at Cory.Worley@nist.gov, not later than 12:00pm on May 19, 2016, with the following information: 1) Company name2) Names of all individuals attending the site visit3) Country of Citizenship of all individuals attending the site visit For non-US Citizens, the following additional information will be required:1) Title2) Employer/Sponsor3) Address Failure to register will result in individuals being denied access to NIST, and subsequently, the site visit. It is the sole responsibility of each Contractor to register for the site visit. Contractors must pick up a Visitor's Badge at the Visitor's Registration Center located at the Main Gate (Gate A, off Bureau Drive). Please ensure all individuals bring photo identification or they will be denied access to the facility. Under the REAL ID Act of 2005, agencies, including NIST, can only accept a state-issued driver's license or identification card for access to federal facilities if issued by states that are REAL ID compliant or have an extension. Only Enhanced Driver's Licenses (EDL) issued by the states of Michigan, Minnesota, New York, Vermont and Washington will be accepted for access to the NIST campus. These drivers' licenses are easily identifiable by the American Flag on the face of the license. NIST currently accepts other forms of federally issued identification in lieu of a state-issued driver's license, such as a valid: Passport; Passport Card; DOD's Common Access Card (CAC); Veterans ID; Federal Agency HSPD-12 IDs; Military Dependents ID; Transportation Workers Identification Credential (TWIC) PROVISIONS AND CLAUSES: The following provisions and clauses apply to this acquisition. Those incorporated by reference may be found at the following: All Federal Acquisition Regulation (FAR) clauses may be viewed at: https://www.acquisition.gov/?q=browsefar. All Commerce Acquisition Regulation (CAR) clauses and provisions can be accessed at:http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl. PROVISIONS FAR 52.212-1, INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS(Reference FAR 12.301(b)(1)) INSTRUCTIONS: System for Award Management, SAM 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 quotations so that NIST receives them not later than 1:00 PM Eastern Standard Time on June 1, 2016. FAX quotations shall not be accepted. E-mail quotations shall be accepted at Cory.Worley@nist.gov.Please reference the RFQ number in the subject line of email communications and packages mailed. Offerors' quotations shall not be deemed received by the Government until the quotation is entered in the e-mail box set forth above. All hand delivered quotations and material shall be made on the actual due date through Gate A, and a 48 hour (excluding weekends and holidays) prior notice shall be provided to Cory Worley, Contract Specialist on 301-975-3635. Addendum to FAR 52.212-1, Quotation Preparation Instructions1. Price Quotation: The offeror shall submit an original and one copy of the completed priced schedule. If the quotation is submitted electronically, additional copies are not required. The pricing quotation shall be separate from any other portion of the quotation. The offeror shall propose a firm fixed-price, FOB Destination for each CLIN. Contractor shall state warranty coverage. Price quotations shall remain valid for a period of 90 days from the date quotations are due. 2. Technical Quotation: The offeror shall submit an original and one copy of the technical quotations. If the quotation is submitted electronically, additional copies are not required. The technical quotation shall address the following: Technical Capability: The Offeror must demonstrate that it has the capability and access to material to manufacture the required mezzanine in accordance with the attachments provided with this RFQ. 3. Past Performance: The offeror shall provide past performance information regarding relevant contracts over the past five (5) years with Federal, state, or local governments, or commercial customers. 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 may include a statement to that effect in its quotation. The government reserves the right to consider data obtained from sources other than those described by the offeror in its quotation. The description of each contract/order described in this section shall not exceed one half page in length. For each contract/order, the offeror shall provide the following information: a. Contract number;b. Description and relevance to solicitation requirements including dollar value;c. Period of Performance - indicate by month and year the state and completion (or "ongoing") dates for the contract;d. 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;e. 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.f. Problems Encountered - include information regarding information regarding any problems encountered on the contracts described above and corrective actions taken to resolve those problems. A. Acceptance of RFQ terms and conditions: This is an Open-Market Combined Synopsis/Solicitation for a mezzanine in accordance with the attached Statement of Work and drawings. The Government intends to award a Purchase Order as a result of 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 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 an offeror 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; B. Quoters shall provide their 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; 4. Quoters 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. QUOTATION EVALUATION: Evaluation FactorsThe award shall be made to the Offeror whose quotation offers the best value to the Government. The Government will evaluate quotations based on the following evaluation criteria: 1) Technical Capability; 2). Past Performance and 3) Price. All non-price factors, when combined are equally important than price. Each quotation will be evaluated against the factors described below. An offeror's failure to address any factor may be considered indicative of the offeror's lack of understanding of the Government's requirements and may result in the offer being determined unacceptable. Quotations will be evaluated based on the factors identified below: Technical CapabilityPast PerformancePrice 1. For the purpose of Technical Capability: No prototypes, demonstration models, used or refurbished items will be considered. Evaluation of technical capability shall be based on the information provided in the quotation. NIST will evaluate whether the offeror has demonstrated that it has the capability to manufacture the required mezzanine in accordance with the specifications and drawings. Quotations that do not demonstrate the Offeror has the capability to manufacture the required mezzanine will not be considered further for award. 2. For the purpose of Past Performance: The Government will evaluate the Offeror's past performance information and, if appropriate, its proposed subcontractors' past performance to determine its relevance to the current requirement and the extent to which it demonstrates that the offeror has successfully completed relevant contracts in the past five years. In assessing the offeror's past performance information, NIST will evaluate, as appropriate, successful performance of contract requirements, quality and timeliness of delivery of goods and services, cost management, communications between contracting parties, proactive management and customer satisfaction. Evaluation of this factor will be based on information contained in the technical portion of the quotation and information provided by references. The Government will evaluate past performance information by contacting appropriate references, including NIST references, if applicable. The Government may also consider other available information in evaluating the Offeror's past performance. The Government will assign a neutral rating if the offeror has no relevant past performance information. 3. For the purpose of evaluation of Price: The Government will evaluate the Contractor's ability to deliver an efficient and effective quotation at a fair and reasonable price. 52.225-4 -- BUY AMERICAN - FREE TRADE AGREEMENTS - ISRAELI TRADE ACT CERTIFICATE (MAY 2014) (a) The offeror certifies that each end product, except those listed in paragraph (b) or (c) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." (b) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:Line Item No.: Country of Origin:[List as necessary] (c) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (b) of this provision) as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreement--Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products:Line Item No.: Country of Origin:[List as necessary] (d) The Government will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation. (End of Provision)FAR 52.225-18 PLACE OF MANUFACTURE (Mar 2015) (a) Definitions. As used in this clause-"Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except- (1) FSC 5510, Lumber and Related Basic Wood Materials;(2) Federal Supply Group (FSG) 87, Agricultural Supplies;(3) FSG 88, Live Animals;(4) FSG 89, Food and Related Consumables;(5) FSC 9410, Crude Grades of Plant Materials;(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;(8) FSC 9610, Ores;(9) FSC 9620, Minerals, Natural and Synthetic; and(10) FSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. (b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) [ ] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) [ ] Outside the United States. FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016) (a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--(1) 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 an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.(b) The Offeror represents that-(1) 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; and (2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (End of provision) CAR 1352.233-70 AGENCY PROTESTS (APR 2010) An agency protest may be filed with either (1) the Contracting Officer, or (2) at a level above the Contracting Officer, with the agency Protest Decision Authority. See 64 Fed. Reg. 16,651 (April 6, 1999).Agency protests filed with the Contracting Officer shall be sent to the following address: NIST/ACQUISITION MANAGEMENT DIVISIONATTN: PATRICK STAINES, CONTRACTING OFFICER100 Bureau Drive, MS 1640Gaithersburg, MD 20899 Agency protests filed with the Protest Decision Authority shall be sent to the following address: NIST/ACQUISITION MANAGEMENT DIVISIONATTN: HEAD OF THE CONTRACTING OFFICE (HCO)100 Bureau Drive, MS 1640Gaithersburg, MD 20899 A complete copy of all agency protest, 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. Service upon the Contract law Division shall be made as follows: U.S. Department of CommerceOffice of the General CounselChief, Contract Law DivisionRoom 5893Herbert C. Hoover Building14th Street and Constitution Avenue, N.W.Washington, D.C. 20230FAX: (202) 482-5858 CAR 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010) 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. 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. Service upon the Contract Law Division shall be made as follows: U.S. Department of CommerceOffice of the General CounselChief, Contract Law DivisionRoom 5893Herbert C. Hoover Building14th Street and Constitution Avenue, N.W.Washington, D.C. 20230FAX: (202) 482-5858 (End of clause) CLAUSES FAR 52.212-4, CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (MAY 2015)(Reference FAR 12.301(b)(3)) FAR 52.212-5, CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUES OR EXECUTIVE ORDERS - COMMERICAL ITEMS (JAN 2016) The following additional FAR clauses cited in FAR 52.212-5 are applicable to this acquisition - FAR 52.204-10, REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (OCT 2015) (PUB. L. 109-282) (31 U.S.C. 6101 NOTE)FAR 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)FAR 52.219-6, NOTICE OF TOTAL SMALL BUSINESS ASIDE (NOV 2011) (15 U.S.C. 644) FAR 52.219-28, POST AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013) (15 U.S.C. 632(a)(2))FAR 52.222-3, CONVICT LABOR (JUNE 2003) (E.O. 11755).FAR 52.222-19, CHILD LABOR-COOPERATION WITH AUTHORITIES AND REMEDIES (JAN 2016) (E.O. 13126)FAR 52.222-21, PROHIBITION OF SEGREGATED FACILITIES (APR 2015)FAR 52.222-26, EQUAL OPPORTUNITY (APR 2015) (E.O. 11246)FAR 52.222-36, EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014) (29 U.S.C. 793)FAR 52.222-50, COMBATING TRAFFICKING IN PERSONS (MAR 2015) (22 U.S.C. CHAPTER 78 AND E.O. 13627)FAR 52.223-18, ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011) (E.O. 13513)FAR 52.225-3, BUY AMERICAN - FREE TRADE AGREEMENTS - ISRAELI TRADE ACT (MAY 2014)FAR 52.225-13, RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008) (E.O.'S, PROCLAMATIONS, AND STATUTES ADMINISTERED BY THE OFFICE OF FOREIGN ASSETS CONTROL OF THE DEPARTMENT OF THE TREASURY)FAR 52.232-33, PAYMENT BY ELECTRONIC FUNDS TRANSFER- SYSTEM FOR AWARD MANAGEMENT (JUL 2013) (31 U.S.C. 3332) 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 Clause) FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013) (Reference FAR 4.1105(a)(1)) FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013)(Reference FAR 4.1105(b)) FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)(Reference FAR 32.706-3) FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)(Reference FAR 32.009-2) FAR 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) (Reference FAR 33.215(b)) FAR 52.247-35 F.O.B. DESTINATION, WITHIN CONSIGNEE'S PREMISES (APR 1984)(Reference FAR 47.303-7(c)) CAR 1352.246-70 PLACE OF ACCEPTANCE (APR 2010) (a) The Contracting Officer or the duly authorized representative will perform inspection and acceptance of supplies and services to be provided under this contract. (b) The place of acceptance will be: Inspection and acceptance will be performed at:U.S. Department of CommerceDOC/NIST 100 Bureau DriveGaithersburg, MD 20899Building: 235 (End of clause) CAR 1352.201-70 CONTRACTING OFFICER'S AUTHORITY (APR 2010)(Reference 48 CFR 1301.602-170) CAR 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)(Reference 48 CFR 1309.507-2(c)) CAR 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)(Reference 48 CFR 1309.507-2(d)) CAR 1352.231-71 DUPLICATION OF EFFORT (APR 2010)(Reference 48 CFR 1331.205-70) CAR CLAUSES FULL TEXT CAN BE ACCESSED AT: http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tplPROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS-REPRESENTATION (FEB 2015) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.(End of provision) NIST LOCAL_04 BILLING INSTRUCTIONS The Contractor shall submit an original invoice or voucher in accordance with the payments provisions of this contract to: NISTAccounts Payable Office100 Bureau Drive, Mail Stop 1621Gaithersburg, MD 20899-1621FAX Number: 301-975-8283Email: invoice@nist.gov Each invoice or voucher submitted shall include the following: Contract Number.Contractor Name and Address.Date of Invoice.Invoice Number.Amount of Invoice, and cumulative amount invoiced to-date.Contract Line Item Number (CLIN).Description, quantity, unit of measure, unit price, and extended price of supplies/services delivered.Prompt payment discount terms, if offered.Any other information or documentation required by the contract. (End Clause) lease see attached Combined Synopsis/Solicitation and supporting documents.

Cryogen-Free Optical Cryostat System

Department of Commerce, National Institute of Standards and Technology (NIST) | Published March 8, 2016  -  Deadline March 21, 2016
cpvs

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. The Request for Quotations (RFQ) number is SB1341-16-RQ-0190. This synopsis/solicitation constitutes a RFQ and incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2005-86-1. The associated North American Industrial Classification System (NAICS) code for this procurement is 334516 - Analytical Laboratory Instrument Manufacturing, which has a size standard of 500 Employees. Offerors must submit all questions concerning this solicitation in writing, via email, to both the Contract Specialist, Cory Worley at Cory.worley@nist.gov and the Contracting Officer Lynda Roark at Lynda.Roark@nist.gov. Questions should be received no later than five (5) calendar days 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, the question responses included in the amendment to the solicitation will govern performance of the contract. This acquisition is being competed as a 100% small business set-aside. In accordance with the non-manufacturer rule, the contractor shall be a small business under the applicable size standard and shall provide either its own product or that of another domestic small business manufacturing or processing concern. See FAR 19.102(f) for additional information. The U.S. Department of Commerce (DOC), National Institute of Standards and Technology (NIST) Physical Measurements Laboratory (PML) Sensor Science Division (SSD) has a requirement for a Cryogen-Free Optical Cryostat System in accordance with the specifications provided in Attachment A - NIST SSD Cryogen-Free Optical Cryostat System. The detailed Statement of Work (SOW) entitled "NIST SSD Cryogen-Free Optical Cryostat System" is hereby incorporated by reference and provided as "Attachment A" to this combined synopsis/solicitation. LIST OF ATTACHMENTS: The following specifications are hereby provided as attachments. The purpose of these attachments is for reference and to provide specification requirements to the Contractor for quotation purposes only.All attachments included in this solicitation are owned by the Government and shall not be reproduced, released, distributed, or otherwise utilized for any purpose other than submission of a quotation and the execution of the required work without the prior written approval of the NIST Contracting Officer.Attachment A: NIST SSD Cryogen-Free Optical Cryostat System All offerors shall provide a quotation for the following line items: (All equipment must be new. Used, refurbished, prototype, or remanufactured will not be considered for award). Contract Line Item Number (CLIN) QTY. UNIT UNIT PRICE APPLICABLE DISCOUNTS TOTALCLIN 0001 - Cryogen-Free Optical Cryostat system, meeting or exceeding the requirements identified in Attachment A. 1 EA CLIN 0002 - OPTION LINE ITEM The Contractor must provide a firm-fixed price for the option line item. Prices for option line items shall remain valid in accordance with the following: No funding will be obligated by the base award document for the option line item. All ordering and obligation of funds will be issued on separate modification to formally exercise and fund an option line item. The Government is not obligated to exercise the option line item. The Option Line Item must be valid for 1 year from date of award. CLIN 0002, Upgrade of System to reach temperatures no more than 1 K at Sample Stage. 1 EA DELIVERABLES: Deliverables: Deliverable 1: The Contractor shall provide 100 percent complete mechanical design drawings and interface specifications, prior to fabrication, for Government review not later than four (4) weeks after receipt of the order. The draft design shall be evaluated by the Government Technical Point of Contact within one (1) week from receipt of the draft and provide a response indicating either acceptance or revisions required. The Contractor shall submit the drawings electronically. PDF format or Word document. Deliverable 2: The Contractor shall deliver the final system not later than five (5) months after acceptance of the 100 percent final design. Delivery 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 any 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. The contractor shall deliver the items to NIST, BLD 301 Shipping and Receiving Gaithersburg, MD 20899. Delivery shall be completed within seven (7) months of an award. The Contractor shall notify the NIST Technical Point of Contact (TPOC) at least one week prior to shipping. Express Warranty: The contractor shall warrant the entire system for a period of at least one year. The warranty must include unlimited telephone/e-mail support for questions regarding operation. All costs including parts, labor, travel, and other expenses necessary to repair the system will be borne solely by the contractor at no additional cost to the U.S. Government. Inspection and Acceptance In addition to the inspection and acceptance terms articulated in 52.212-4, the Government reserves the right to perform such performance tests and evaluations as defined below to verify specified system performance. Such tests and evaluations, if performed, shall be conducted within the environment that the system is to be operated. The Contractor has the right to be present during the tests and evaluations, if performed, at the Contractor's expense. The following tests shall be performed within 14 days after receipt of instrument: NIST will conduct testing to ensure that the system meets the required specifications listed in Attachment A - NIST SSD Cryogen-Free Optical Cryostat System. PROVISIONS AND CLAUSES: The following provisions and clauses apply to this acquisition. Those incorporated by reference may be found at the following: All Federal Acquisition Regulation (FAR) clauses may be viewed at: https://www.acquisition.gov/?q=browsefar. All Commerce Acquisition Regulation (CAR) clauses and provisions can be accessed at:http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl. PROVISIONS FAR 52.212-1, INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS(Reference FAR 12.301(b)(1)) INSTRUCTIONS: System for Award Management, SAM 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 quotations so that NIST receives them not later than 1:00 PM Eastern Standard Time on March 21, 2016. FAX quotations shall not be accepted. E-mail quotations shall be accepted at Cory.Worley@nist.gov. Please reference the RFQ number in the subject line of email communications and packages mailed. Offerors' quotations shall not be deemed received by the Government until the quotation is entered in the e-mail box set forth above. All hand delivered quotations and material shall be made on the actual due date through Gate A, and a 48 hour (excluding weekends and holidays) prior notice shall be provided to Cory Worley, Contract Specialist on 301-975-3635. Quotation Submission Requirements: 1). Price Quotation: The offeror shall submit an original and four copies of the completed price schedule. If the quotation is submitted electronically, additional copies are not required. The pricing quotation shall be separate from any other portion of the quotation. The offeror shall provide a firm-fixed-price, FOB Destination is required, for each CLIN. Price quotations shall remain valid for a period of 90 days from the date quotations are due. 2). Technical Quotation: The technical quotation shall address the following: Technical Capability: The offeror shall submit a technical description or product literature for the system it is proposing, which clearly identifies each requirement listed above and in the Statement of Work (Attachment A). The offeror must demonstrate that its proposed system meets or exceeds each minimum requirement described above and in the Statement of Work (Attachment A) by providing a citation to the relevant section of its technical description or product literature. The contractor must not simply state they will meet the requirement; evidence must be provided. If applicable, evidence that the Offeror is authorized by the original provider to provide the item(s) in the quotation should be included. 3.) Experience: The offeror shall demonstrate the extent to which it has recently manufactured, distributed, and installed similar equipment. The offeror shall submit a list of at least three similar systems supplied in the past five (5) years. Information shall include the model name/number, date of sale, end user name, and end user contact information. 4). Past Performance: The offeror shall provide past performance information regarding relevant contracts over the past five (5) years with Federal, state, or local governments, or commercial customers. 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 may include a statement to that effect in its quotation. The government reserves the right to consider data obtained from sources other than those described by the offeror in its quotation. The description of each contract/order described in this section shall not exceed one half page in length. For each contract/order, the offeror shall provide the following information:1. Contract number;2. Description and relevance to solicitation requirements including dollar value;3. Period of Performance - indicate by month and year the state and completion (or "ongoing") dates for the contract;4. 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;5. 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.6. Problems Encountered - include information regarding information regarding any problems encountered on the contracts described above and corrective actions taken to resolve those problems. 5). Acceptance of RFQ terms and conditions: This is an open-market solicitation for equipment as defined herein. The Government intends to award a Purchase Order as a result of this solicitation that will include the clauses set forth herein. The quotation should include one of the following statements: "The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition." OR "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) Note: This procurement is not being conducted under the GSA Federal Supply Schedule (FSS) program or another Government-Wide Area Contract (GWAC). If an offeror 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. Evaluation Criteria: The award shall be made to the Offeror whose quotation offers the best value to the Government. The Government will evaluate quotations based on the following evaluation criteria: 1) Technical Capability; 2). Experience, 3) Past Performance and 4) Price. All non-price factors, when combined are equally important than price. Each quotation will be evaluated against the factors described below. An offeror's failure to address any factor may be considered indicative of the offeror's lack of understanding of the Government's requirements and may result in the offer being determined unacceptable. Quotations will be evaluated based on the factors identified below: Evaluation Factors: 1. Technical Capability: Evaluation of Technical Capability shall be based on the information provided in the quotation. NIST will evaluate whether the offeror(s) has demonstrated that its proposed equipment and services, meets or exceeds all requirements. Quotations that do not demonstrate the proposed equipment and services meets all requirements will not be considered further for award. The Government shall give stronger consideration for the following, in no particular order: Specification 5: Temperature stability of the measurement cold plate shall be < 250 mK. (Stronger consideration shall be given to a contractor who provides the lowest temperature stability) Specification 6: The amplitude of vibrations at the measurement cold plate shall be < 50 µm. (Stronger consideration shall be given to a contractor who provides the lowest amplitude of vibrations) 2. Experience: NIST will evaluate the extent of the offeror's experience providing similar or same equipment and services. 3. Past Performance: The Government will evaluate the Offeror's past performance information and, if appropriate, its proposed subcontractors' past performance to determine its relevance to the current requirement and the extent to which it demonstrates that the offeror has successfully completed relevant contracts in the past five years. In assessing the offeror's past performance information, NIST will evaluate, as appropriate, successful performance of contract requirements, quality and timeliness of delivery of goods and services, cost management, communications between contracting parties, proactive management and customer satisfaction.. Evaluation of this factor will be based on information contained in the technical portion of the quotation and information provided by references. The Government will evaluate past performance information by contacting appropriate references, including NIST references, if applicable. The Government may also consider other available information in evaluating the Offeror's past performance. The Government will assign a neutral rating if the offeror has no relevant past performance information. 4. Price: The Government will evaluate the Contractor's ability to deliver an efficient and effective quotation at a fair and reasonable price. 52.225-4 -- BUY AMERICAN - FREE TRADE AGREEMENTS - ISRAELI TRADE ACT CERTIFICATE (MAY 2014) (a) The offeror certifies that each end product, except those listed in paragraph (b) or (c) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." (b) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No.: Country of Origin:[List as necessary] (c) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (b) of this provision) as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreement--Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: Line Item No.: Country of Origin: (d) The Government will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation. (End of Provision)FAR 52.225-18 PLACE OF MANUFACTURE (Mar 2015) (a) Definitions. As used in this clause-"Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except- (1) FSC 5510, Lumber and Related Basic Wood Materials;(2) Federal Supply Group (FSG) 87, Agricultural Supplies;(3) FSG 88, Live Animals;(4) FSG 89, Food and Related Consumables;(5) FSC 9410, Crude Grades of Plant Materials;(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;(8) FSC 9610, Ores;(9) FSC 9620, Minerals, Natural and Synthetic; and(10) FSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. (b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) [ ] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) [ ] Outside the United States. FAR 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) CAR 1352.233-70 AGENCY PROTESTS (APR 2010) An agency protest may be filed with either (1) the Contracting Officer, or (2) at a level above the Contracting Officer, with the agency Protest Decision Authority. See 64 Fed. Reg. 16,651 (April 6, 1999).Agency protests filed with the Contracting Officer shall be sent to the following address: NIST/ACQUISITION MANAGEMENT DIVISIONATTN: LYNDA ROARK, CONTRACTING OFFICER100 Bureau Drive, MS 1640Gaithersburg, MD 20899 Agency protests filed with the Protest Decision Authority shall be sent to the following address: NIST/ACQUISITION MANAGEMENT DIVISIONATTN: HEAD OF THE CONTRACTING OFFICE (HCO)100 Bureau Drive, MS 1640Gaithersburg, MD 20899 A complete copy of all agency protest, 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. Service upon the Contract law Division shall be made as follows: U.S. Department of CommerceOffice of the General CounselChief, Contract Law DivisionRoom 5893Herbert C. Hoover Building14th Street and Constitution Avenue, N.W.Washington, D.C. 20230FAX: (202) 482-5858 CAR 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010) 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. 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. Service upon the Contract Law Division shall be made as follows: U.S. Department of CommerceOffice of the General CounselChief, Contract Law DivisionRoom 5893Herbert C. Hoover Building14th Street and Constitution Avenue, N.W.Washington, D.C. 20230FAX: (202) 482-5858 (End of clause) REPRESENTATION BY CORPORATIONS REGARING 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. CLAUSES FAR 52.212-4, CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (MAY 2015)(Reference FAR 12.301(b)(3)) FAR 52.212-5, CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUES OR EXECUTIVE ORDERS - COMMERICAL ITEMS (JAN 2016) The following additional FAR clauses cited in FAR 52.212-5 are applicable to this acquisition - FAR 52.204-10, REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (OCT 2015) (PUB. L. 109-282) (31 U.S.C. 6101 NOTE)FAR 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)FAR 52.219-6, NOTICE OF TOTAL SMALL BUSINESS ASIDE (NOV 2011) (15 U.S.C. 644) FAR 52.219-28, POST AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013) (15 U.S.C. 632(a)(2))FAR 52.222-3, CONVICT LABOR (JUNE 2003) (E.O. 11755).FAR 52.222-19, CHILD LABOR-COOPERATION WITH AUTHORITIES AND REMEDIES (JAN 2016) (E.O. 13126)FAR 52.222-21, PROHIBITION OF SEGREGATED FACILITIES (APR 2015)FAR 52.222-26, EQUAL OPPORTUNITY (APR 2015) (E.O. 11246)FAR 52.222-35, EQUAL OPPORTUNITY FOR VETERANS (OCT 2015) (38 U.S.C. 4212)FAR 52.222-36, EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014) (29 U.S.C. 793)FAR 52.222.37, EMPLOYMENT REPORTS ON VETERANS (OCT 2015) (38 U.S.C. 4212)FAR 52.222-50, COMBATING TRAFFICKING IN PERSONS (MAR 2015) (22 U.S.C. CHAPTER 78 AND E.O. 13627)FAR 52.223-18, ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011) (E.O. 13513)FAR 52.225-3, BUY AMERICAN - FREE TRADE AGREEMENTS - ISRAELI TRADE ACT (MAY 2014) (41 U.S.C. CHAPTER 83, 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)FAR 52.225-13, RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008) (E.O.'S, PROCLAMATIONS, AND STATUTES ADMINISTERED BY THE OFFICE OF FOREIGN ASSETS CONTROL OF THE DEPARTMENT OF THE TREASURY)FAR 52.232-33, PAYMENT BY ELECTRONIC FUNDS TRANSFER- SYSTEM FOR AWARD MANAGEMENT (JUL 2013) (31 U.S.C. 3332) FAR 52.217-7 OPTION FOR INCREASED QUANTITY - SEPARATELY PRICED LINE ITEM (MAR 1989) The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within one (1) year after date of award. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree. (End of Clause) 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 Clause) FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013) (Reference FAR 4.1105(a)(1)) FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013)(Reference FAR 4.1105(b)) FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)(Reference FAR 32.706-3) FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)(Reference FAR 32.009-2) FAR 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) (Reference FAR 33.215(b)) FAR 52.247-35 F.O.B. DESTINATION, WITHIN CONSIGNEE'S PREMISES (APR 1984)(Reference FAR 47.303-7(c)) CAR 1352.246-70 PLACE OF ACCEPTANCE (APR 2010) (a) The Contracting Officer or the duly authorized representative will perform inspection and acceptance of supplies and services to be provided under this contract. (b) The place of acceptance will be: Inspection and acceptance will be performed at:U.S. Department of CommerceDOC/NIST 100 Bureau DriveGaithersburg, MD 20899Building: 235 (End of clause) CAR 1352.201-70 CONTRACTING OFFICER'S AUTHORITY (APR 2010)(Reference 48 CFR 1301.602-170) CAR 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)(Reference 48 CFR 1309.507-2(c)) CAR 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)(Reference 48 CFR 1309.507-2(d)) CAR 1352.231-71 DUPLICATION OF EFFORT (APR 2010)(Reference 48 CFR 1331.205-70) CAR CLAUSES FULL TEXT CAN BE ACCESSED AT: http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tplPROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS-REPRESENTATION (FEB 2015) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.(End of provision) NIST LOCAL_04 BILLING INSTRUCTIONS The Contractor shall submit an original invoice or voucher in accordance with the payments provisions of this contract to: NISTAccounts Payable Office100 Bureau Drive, Mail Stop 1621Gaithersburg, MD 20899-1621FAX Number: 301-975-8283Email: invoice@nist.gov Each invoice or voucher submitted shall include the following: Contract Number.Contractor Name and Address.Date of Invoice.Invoice Number.Amount of Invoice, and cumulative amount invoiced to-date.Contract Line Item Number (CLIN).Description, quantity, unit of measure, unit price, and extended price of supplies/services delivered.Prompt payment discount terms, if offered.Any other information or documentation required by the contract. (End Clause)

High Power Pump Laser

Department of Commerce, National Institute of Standards and Technology (NIST) | Published January 21, 2016  -  Deadline February 1, 2016
cpvs

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. This solicitation is a request for quotation. The solicitation document incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-86-1. The associated North American Industrial Classification System (NAICS) code for this procurement is 334516 with a small business size of 500 employees. This procurement is being competed using full and open competition. 1352.215-72 INQUIRIES (APR 2010) Offerors must submit all questions concerning this solicitation in writing to Cory.Worley@nist.gov. Questions should be received no later than 5 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 backup point of contact is Lynda.Roark at Lynda.Roark@nist.gov. (End of Provision) BACKGROUND:The National Institute of Standards and Technology (NIST), Physical Measurement Laboratory (PML) Quantum Measurement Division (QMD) provides the physical foundation for the International System of Units (Système International d'Unités or SI), colloquially referred to as the metric system. The Laser Cooling and Trapping Group studies the physics of laser cooling, electromagnetic trapping and other radiative manipulation of neutral atoms and dielectric particles. These fundamental studies are used to develop applications to new kinds of physics measurements and processes such as high resolution spectroscopy, atomic clocks, atomic collisions, quantum information processing, quantum simulation, atom optics, and bio-molecular interactions. Lasers at specific, well-defined frequencies are an integral part of the lab's experimental equipment. PURPOSE AND OBJECTIVES OF THE PROCUREMENT The overall objective of this acquisition is to acquire a Single Frequency Pump Laser that will be used with an existing doubling cavity to produce laser light at 556 nm. The laser will be used to cool and trap Yb atoms and perform photoassociation spectroscopy in an experiment using quantum degenerate ytterbium atoms to study quantum dissipation. The ytterbium linewidth is quite narrow (180 kHz) and the laser will need to be narrower or be narrowable using feedback. REQUIREMENTS: Line Item 0001, Single Frequency Pump Laser, meeting or exceeding the following minimum requirements: (Used or refurbished equipment will not be considered for award, all equipment must be new): A. NIST is seeking a high power pump laser to be used in an existing doubling cavity that meets the following specifications: 1. Wavelength: 1111.607 nm (vacuum) (1111.29 nm (air))2. Output: PM fiber coupled, FC/APC3. Minimum power: 0.8 W from fiber, up to 3 W. (Stronger consideration shall be given for a higher output power)4. Laser linewidth: a. Option a): Intrinsic frequency stability linewidth b. Option b): Fast frequency feedback control sufficient to narrow the laser to Express WarrantyThe Contractor shall warrant the entire system for a period of at least one year. The warranty must include unlimited telephone/e-mail support for questions regarding operation. All costs including parts, labor, travel, and other expenses necessary to repair the system will be borne solely by the contractor at no additional cost to the U.S. Government. DeliveryDelivery should be FOB DESTINATION (College Park, MD) and shall take in accordance with the contractor's standard commercial delivery timeframe. Inspection and Acceptance: Inspection and acceptance will be in accordance with FAR 52.212-4(a). Inspection will occur at the Laser Cooling and Trapping Building located at the University of Maryland. Equipment must be fully compliant to all minimum required specifications upon receipt before payment shall be authorized. The Government anticipates inspection and acceptance to be completed within 2 weeks from receipt of the delivered instrument. Due Date for Quotations Offerors shall submit their quotations so that NIST receives them not later than 1:00 p.m. Eastern Time on February 1, 2016. FAX quotations shall not be accepted. E-mail quotations shall be accepted at Cory.Worley@nist.gov. Offeror's quotations shall not be deemed received by the Government until the quotation is entered into the e-mail address inbox set forth above. Quotations may also be sent to the National Institute of Standards and Technology, AcquisitionManagement Division, Attn: Cory Worley, 100 Bureau Drive, Stop 1640, Gaithersburg, MD 20899-1640. All Offerors should ensure the RFQ number is visible on the outermost packaging. Because of heightened security, FED-EX, UPS, or similar delivery methods are the preferred method of delivery of quotes. If quotes are hand delivered, delivery shall be made on the actual due date through Gate A, and a 48 hour (excluding weekends and holidays) prior notice shall be provided to Cory Worley, Contract Specialist on 301-975-3635. Addendum to FAR 52.212-1, Quotation Preparation Instructions 1). Price Quotation: The offeror shall submit an original and one copy of the price quotation. If the quotation is submitted electronically, additional copies are not required. The pricing quotation shall be separate from any other portion of the quotation. The offeror shall propose a firm-fixed-price quotation for each CLIN. Price quotations shall remain valid for a period of 90 days from the date quotations are due.2). Technical Quotation: The offeror shall submit an original and one copy of the technical quotation. If the quotation is submitted electronically, additional copies are not required. The technical quotation shall address the following: Technical Capability: The offeror shall submit a technical description or product literature for the system it is proposing, which clearly identifies each requirement listed above. The offeror must demonstrate that its proposed system meets or exceeds each minimum requirement described above by providing a citation to the relevant section of its technical description or product literature. The contractor must not simply state they will meet the requirement, evidence must be provided. If applicable, evidence that the Offeror is authorized by the original provider to provide the item(s) in the quotation should be included. 4). Acceptance of Terms and Conditions: This is an open-market solicitation for equipment as defined herein. The Government intends to award a Purchase Order as a result of this solicitation that will include the clauses set forth herein. The quotation should include one of the following statements: "The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition." OR "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) Note: This procurement is not being conducted under the GSA Federal Supply Schedule (FSS) program or another Government-Wide Area Contract (GWAC). If an offeror 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. Evaluation Factors Award shall be made to the offeror whose quotation offers the best value to the Government price and other factors considered. The Government will evaluate quotations based on the following evaluation criteria: 1) Technical Capability and 2) Price. Technical Capability is more important than price. 1. Technical Capability: No prototypes, demonstration models, used or refurbished instruments will be considered. Evaluation of technical capability shall be based on the information provided in the quotation. NIST will evaluate whether the offeror has demonstrated that its proposed equipment meets or exceeds all minimum requirements. Quotations that do not demonstrate the proposed equipment meets all requirements will not be considered further for award. If an offerors technical description and/or product literature does not indicate whether its proposed equipment meets a certain minimum requirement, and/or the offeror does not submit the test measurements/data from a real device, NIST will determine that it does not meet the requirements. NIST will give stronger consideration in no particular order, to the following requirements: Specification 3: Minimum power: 0.8 W from fiber, up to 3 W. (Stronger consideration shall be given for a higher output power) Specification 4(a): Laser linewidth: Option a): Intrinsic frequency stability linewidth 2. Price: The Government will evaluate price for reasonableness. Price shall not be evaluated on quotes that are determined technically unacceptable under the Technical Capability Evaluation factor. PROVISIONS AND CLAUSES The following provisions and clauses apply to this acquisition and are hereby incorporated by reference. All Federal Acquisition Regulation (FAR) clauses may be viewed at http://acquisition.gov/far/index.html. All Commerce Acquisition Regulation (CAR) clauses may be viewed at http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl ProvisionsOfferors shall complete annual representations and certifications on-line at www.sam.gov in accordance with FAR 52.212-3 Offerors Representations and Certifications- Commercial Items. If paragraph (j) of the provision is applicable, a written submission is required.FAR 52.252-1 - Solicitation Provisions Incorporated by Reference FAR 52.204-7 - System for Award ManagementFAR 52.212-1 - Instructions to Offerors-Commercial Items FAR 52.212-3 - Offerors Representations and Certifications-Commercial Items FAR 52.204-16 - Commercial & Government Entity Code Reporting FAR 52.204-17 - Ownership or Control of Offeror FAR 52.204-18 - Commercial & Government Entity Code Maintenance FAR 52.225-4 - Buy American Free Trade Agreement Israeli Trade Act Certificate Alt. II (May 2014) (a) The offeror certifies that each end product, except those listed in paragraph (b) or (c) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." (b) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American-- Free Trade Agreements--Israeli Trade Act": Canadian or Israeli End ProductsLine Item No.: Country of Origin:[List as necessary] (c) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (b) of this provision) as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreement--Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products:Line Item No.: Country of Origin:[List as necessary] (d) The Government will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation. (End of provision) FAR 52.225-18 Place of Manufacture (Mar 2015) (a) Definitions. As used in this clause-"Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except-(1) FSC 5510, Lumber and Related Basic Wood Materials;(2) Federal Supply Group (FSG) 87, Agricultural Supplies;(3) FSG 88, Live Animals;(4) FSG 89, Food and Related Consumables;(5) FSC 9410, Crude Grades of Plant Materials;(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;(8) FSC 9610, Ores;(9) FSC 9620, Minerals, Natural and Synthetic; and(10) FSC 9630, Additive Metal Materials."Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.(b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly-(1) [ ] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or(2) [ ] Outside the United States.CAR 1352.233-70 Agency Protest (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 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 DIVISIONATTN: LYNDA ROARK, CONTRACTING OFFICER100 Bureau Drive, MS 1640Gaithersburg, MD 20899(c) Agency protests filed with the Protest Decision Authority shall be sent to the following address: NIST/ACQUISITION MANAGEMENT DIVISIONATTN: HEAD OF THE CONTRACTING OFFICE (HCO)100 Bureau Drive, MS 1640Gaithersburg, MD 20899 (d) A complete copy of all agency protest, 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 CommerceOffice of the General CounselChief, Contract Law DivisionRoom 5893Herbert C. Hoover Building14th Street and Constitution Avenue, N.W.Washington, D.C. 20230FAX: (202) 482-5858 CAR 1352.233-71 GAO and Court of Federal Claims Protest (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 CommerceOffice of the General CounselChief, Contract Law DivisionRoom 5893Herbert C. Hoover Building14th Street and Constitution Avenue, N.W.Washington, D.C. 20230FAX: (202) 482-5858 52.203-98, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements-Representation (DEVIATION 2015-02) Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements-Representation (FEB 2015) (a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.(End of provision) Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under Any Federal Law (Class Deviation) (March 2015) (1) 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- (a) 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 (b) 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. (2) The Offeror represents that, as of the date of this offer -(a) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (b) 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) Clauses: FAR 52.212-4 Contract Terms and Conditions-Commercial Items (May 2015) FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (Jan 2016) The following additional FAR clauses cited in FAR 52.212-5 are applicable to this acquisition FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015)FAR 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015)FAR 52.219-28 Post Award Small Business Program Rerepresentation (Jul 2013)FAR 52.222-3 Convict Labor (June 2003)FAR 52.222-19 Child Labor (Jan 2016)FAR 52.222-21 Prohibition of Segregated Facilities (Apr 2015)FAR 52.222-26 Equal Opportunity (Apr 2015)FAR 52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014)FAR 52.222-50 Combating Trafficking in Persons (Mar 2015)FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011)FAR 52.225-3 Buy American - Free Trade Agreements - Israeli Trade Act, Alt. II (May 2014)FAR 52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008)FAR 52.232-33 Payment by Electronic Funds Transfer - System for Award Management (Jul 2013) FAR 52.207-13 System for Award Management Maintenance (Jul 2013) FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran-Representation and Certification (Oct 2015) FAR 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) FAR 52.232-40 Providing Accelerated Payments 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) CAR 1352.246-70 Place of Acceptance (Apr 2010)(a) The Contracting Officer or the duly authorized representative will perform inspection and acceptance of supplies and services to be provided under this contract. (b) The place of acceptance will be: Inspection and acceptance will be performed at:PSC Building 415 - Laser Cooling and Trapping University of MarylandCollege Park, MD 20742(End Clause)CAR 1352.201-70 Contracting Officer's Authority (Apr 2010)CAR 1352.209-73 Compliance with the Laws (Apr 2010)CAR 1352.231-71 Duplication of Effort (Apr 2010)NIST LOCAL_04 BILLING INSTRUCTIONS(1) The Contractor shall submit an original invoice or voucher in accordance with the payments provisions of this contract to: NISTAccounts Payable Office100 Bureau Drive, Mail Stop 1621Gaithersburg, MD 20899-1621FAX Number: 301-975-8283Email: invoice@nist.gov (2) 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.(End Clause) Assurance by Corporations Regarding an Unpaid Delinquent Tax Liability or aFelony Conviction under Any Federal Law {Class Deviation) (February 2015) (1) In accordance with Sections 536 and 537 of Division B of Public Law 113-76Consolidated Appropriations Act, 2014, none of the funds made available by Consolidated Appropriations Act, 2014 may be used to enter into a contract with any corporation that - (a) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, 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, or (b) 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. (2) By accepting this award or order, in writing or by performance, the offeror/contractor assures that - (a) The offeror/contractor is not a corporation convicted of a felony criminal violation under a Federal law within the preceding 24 months. (b) The offeror/contractor 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) 52.203-99, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (DEVIATION 2015-02) PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (FEB 2015) (a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect. (c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause. 2) The Government may seek any available remedies in the event the Contractor fails to comply with the provisions of this clause. (End of clause)

Fourier Transform Infrared Spectrometer (FTIR)

Department of Commerce, National Institute of Standards and Technology (NIST) | Published August 26, 2015  -  Deadline September 3, 2015
cpvs

THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERICAL 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 SOLICITTION DOCUMENT WILL NOT BE ISSUED. THE SOLICITATION IS BEING ISSUED USING SIMPLIFIED ACQUISITION PROCEDURES. The Request for Quotations (RFQ) number is SB1341-15-RQ-1024. This synopsis/solicitation constitutes a RFQ and incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2005-83. The associated North American Industrial Classification System (NAICS) code for this procurement is 334516 - Analytical Laboratory Instrument Manufacturing, which has a size standard of 500 Employees. Offerors must submit all questions concerning this solicitation in writing, via email, to both the Contract Specialist, Cory Worley at Cory.worley@nist.gov and the Contracting Officer Patrick Staines at Patrick.staines@nist.gov. Questions should be received no later than four (4) calendar days 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, the question responses included in the amendment to the solicitation will govern performance of the contract. This acquisition is being competed under full and open competition. The U.S. Department of Commerce (DOC), National Institute of Standards and Technology (NIST) Physical Measurement Laboratory (PML) has a requirement for a Fourier Transform Infrared Spectrometer (FTIR) in accordance with the specifications provided below. All offerors shall provide a quotation for the following line items: Contract Line Item Number (CLIN) QTY. UNIT UNIT PRICE APPLICABLE DISCOUNTS TOTAL CLIN 0001 - Fourier Transform Infrared Spectrometer (FTIR) in accordance with attached specifications 1 EA CLIN 0002 - Installation at NIST Gaithersburg, MD Campus Building 220, Room A340 1 LT The detailed SOW entitled "Fourier Transform Infrared Spectrometer (FTIR)" is hereby incorporated by reference and provided as "Attachment A" to this combined synopsis/solicitation. DESCRIPTION OF REQUIREMENTS The Offeror shall furnish the necessary personnel, material, equipment, and services to fabricate, install and test a Fourier Transform Infrared Spectrometer. • BACKGROUND INFORMATION The National Institute of Standards and Technology (NIST), Physical Measurement Laboratory (PML), Sensor Science Division (SSD) is responsible for advancing the measurement science, standards, and applications for sensing optical power, temperature, humidity, pressure, vacuum, flow, and related physical phenomena to support U.S. industry and trade. Its work includes providing traceability paths to fundamental scales, including Radiance Temperature and Spectral Radiance, to its customers. A new facility to support advanced manufacturing methodologies is being constructed and requires a Fourier transform spectrometer to perform high speed time resolved spectral measurements of material emitted light. • PURPOSE AND OBJECTIVES OF THE PROCUREMENT The overall objective of this acquisition is to acquire a Fourier Transform Infrared Spectrometer (FTIR), configured to operate over a spectral range of 1 to 20 micrometers, under clean air purge, in time resolved mode of operation. The FTIR shall operate at high scan speed to measure fast processes and generate trigger signals and accept external signals to coordinate and control measurements with other equipment. • REQUIREMENTS The systems shall meet or exceed the general specifications identified below. All items must be new. Used or remanufactured equipment and components will not be considered for award. A. Minimum Specifications for the FTIR 1. The FTIR instrument shall have measurement capability over a wavelength range of at least 350 cm-1 through 8000 cm-1. 2. The instrument shall be operable under purged conditions. Consequently, it shall have appropriate inlets for purge gas. 3. The system shall have the capability for upgrade to step scan mode operation for use with slow detectors and secondary modulation measurement techniques. 4. The instrument shall come with appropriate sources (and power supplies), beam splitters, and filters for use over the wavelength range of at least 350 cm-1 through 8000 cm-1. 5. The instrument shall be capable of at least 0.2 cm-1 resolution over the entire wavelength range (unapodized). The system shall be able to acquire symmetrical double-sided interferograms at 0.6 cm-1 resolution (apodized). 6. The optical scanner speed shall be adjustable, so that the resulting modulation frequency for 7900 cm-1 light shall cover a range up to at least 300 kHz. 7. There shall be appropriate switching mirrors and motion hardware for automatic selection between the internal source and an external emission port. This shall be computer controllable and not require opening of the system enclosure. 8. The moving mirror bearing shall be an air bearing or frictionless flexure type. 9. The system shall allow for beam splitter exchange with no realignment or shall provide an auto alignment scheme. 10. There shall be a source aperture wheel under computer control. 11. The wavelength uncertainty shall be less than or equal to 0.01 cm-1 at 2000 cm-1. 12. The instrument shall be operable to near ultraviolet operation to at least 50,000 cm-1, with an upgrade addition of proper beam splitter, source and detector. 13. The sample compartment shall be equipped with a base plate with an adjustable sample holder, which is removable without need to use tools, and a spare base plate for future applications. 14. The spectrometer shall be controlled from a PC computer. All required computer components, interface board(s) and cables to the spectrometer shall be provided by the vendor. The monitor provided shall be at least 24 inches in nominal size. 15. Appropriate instrument control and spectral manipulation software shall be provided. This software shall operate under Windows 7 operating system. 16. The data taking software shall be a menu driven windows environment with provisions for extensive arithmetic manipulation of raw interferograms and of transformed spectra. The system shall specifically allow the user to manipulate or save (into an accessible file) the raw interferogram before an FFT is performed. The software shall enable the user to manipulate the display format so as to conveniently call up stored scans, change scales and overlay multiple traces. The software shall provide easy means of changing and storing acquisition parameters. 17. The software shall be able to handle time-resolved spectral ("3D") data. 18. There shall be a capability for external control of the data taking process to allow complex LabView programming for multi-instrument coordination. 19. The A/D shall have at least 24 bits. 20. The spectrometer shall have the capability of measurement of a minimum of 80 spectra/sec at a resolution of 8 cm-1. 21. The spectrometer shall be able to serve as a master, generate a trigger signal for time-resolved experiments, which is synchronized to within 1 ms of the start of data acquisition. 22. Each time-resolved spectrum measured shall provide time stamps for the first and last interferogram data points in each time-resolved spectrum. 23. Software shall include capability of recording user a signal(s) simultaneously with each time-resolved spectrum. 24. There shall be at least 2 input and 2 output triggers provided by the instrument to synchronize the start and the end of time resolved experiments. 25. The instrument software shall allow selection of spectral resolution of any (continuous) value between 0.2 cm-1 and 32 cm -1. 26. The signal to noise for a 5 second 100% line measurement shall exceed 10,000:1 peak-to peak (or < 4.34*10-5 AU noise) using the following conditions: 4 cm-1 spectral resolution Blackman Harris 3-Term apodization DTGS detector, KBr beamsplitter (8,000 - 350 cm-1) and air cooled source Noise calculated as peak-to-peak from 2,200 to 2,100 cm-1 B. WARRANTEES The offeror shall include a one-year warranty including repair parts, labors and travel following the final acceptance of the equipment. C. EQUIPMENT DOCUMENTATION Equipment must be supplied with full documentation including equipment user guides and operations manuals (hard and soft copies), installation routing diagrams, connection schematics, and service/maintenance manuals. DELIVERY, INSTALLATION AND ACCEPTANCE FOB Destination delivery terms are required. Delivery and installation shall be completed within three (3) months of an award. The Contractor shall deliver all equipment to NIST, Building 301, Shipping and Receiving, Gaithersburg, MD 20899-1640. The Contractor shall notify the NIST Technical Point of Contact (TPOC) at least one week prior to shipping so that delivery and installation can be scheduled. The FTIR system shall be installed by the Contractor and meet contract specifications no later than eight weeks after delivery is completed. Installation, at a minimum, shall include uncrating/unpacking of all the equipment, rigging, set-up and hook-up of the system, demonstration of all specifications, and removal of trash. Onsite installation and demonstration shall be done at NIST, Gaithersburg, MD - Building 220, Room A340. Inspection will occur at NIST during installation and training. NIST will inspect the system to confirm compliance with the specifications. The Contractor's installation personnel shall also perform all diagnostic tests after installation in the presence of NIST personnel. Diagnostic test data must clearly document that the equipment meets or exceeds all of the Government's required specifications. This test data will be reviewed by the NIST TPOC. Upon review, the TPOC shall provide final acceptance of the equipment, or advise the Contractor of performance weaknesses. Any required rework and re-testing shall be completed at no additional cost to the Government within a timeline agreed upon by the TPOC, the Contracting Officer, and the Contractor. PROVISIONS AND CLAUSES: The following provisions and clauses apply to this acquisition and are hereby incorporated by reference. All Federal Acquisition Regulation (FAR) clauses may be viewed at: https://www.acquisition.gov/?q=browsefar. All Commerce Acquisition Regulation (CAR) clauses and provisions can be accessed at: http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl. PROVISIONS • FAR 52.212-1, INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (Reference FAR 12.301(b)(1)) • ADDENDUM to FAR 52.212-1, QUOTATION PREPARATION INSTRUCTIONS 1) To be considered for award, the Offeror shall submit the following with its quote: A. PRICE QUOTATION: The offeror shall submit an original and one copy of the completed price schedule. Only one copy is required if submitted electronically. The pricing quotation shall be separate from any other portion of the quotation. The offeror shall propose a firm-fixed-price, FOB Destination, for each CLIN. Contractor shall state express warranty coverage. Price quotations shall remain valid for a period of 90 days from the date quotations are due. B. TECHNICAL QUOTATION: The offeror shall submit an original and one copy of the technical quotation. Only one copy is required if submitted electronically. The technical quotation shall address the following: If applicable, evidence that the Offeror is authorized by the original equipment manufacturer to provide the item(s) in the quotation should be included. For the purpose of technical evaluation offerors shall submit: a. A technical description and/or product literature which clearly details the manufacturer, make and model of the proposed product(s), addresses all required specifications, and clearly documents that the offered product(s) meet(s) or exceeds the specifications stated herein; b. If standard product literature and/or technical descriptions do not address all required specifications, offerors must provide narratives and or explanation of the work that will be will be performed to meet the requirement(s). All proposed SPECIFICATIONS must be addressed in sufficient detail that all technical requirements are discussed and that the intended outcome of the PERFORMANCE REQUIREMENTS can be clearly discerned. C. PAST PERFORMANCE: The offeror shall provide past performance information regarding relevant contracts over the past five (5) years with Federal, state, or local governments, or commercial customers. A list of references, preferably at least 3, if available, to whom the same or similar equipment has been provided. The list of references shall include, at a minimum: The name of the reference contact person and the company or organization; the telephone number of the reference contact person; the contract or grant number; the amount of the contract and the address and the telephone number of the Contracting Officer if applicable; the date of delivery or the date services were completed and a description of the equipment sold to each reference. If the offeror is not the manufacturer of the equipment, past performance references for the system manufacturer shall also be provided. If the offeror has no relevant past performance, it may include a statement to that effect in its quotation. The government reserves the right to consider data obtained from sources other than those described by the offeror in its quotation. D. EXPERIENCE: The Contractor shall describe its experience in successfully providing comparable systems for the types of applications described herein. NIST will evaluate the extent of the offeror's experience providing the same or similar equipment and will consider the relevance of the offeror's experience to the current requirement. Evaluation of experience will be based on information contained in the technical proposal. E. OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS: The Offeror shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications - Commercial Items, with its offer. 2) The Offeror shall submit its quote no later than 12:00 p.m. Eastern September 3, 2015. If the Offeror decides to submit its quotation electronically, one (1) copy of its quotation shall be submitted in .pdf format via email to: Cory.worley@nist.gov Cory Worley Contract Specialist U.S. Department of Commerce, NIST/AMD ACCEPTANCE OF TERMS AND CONDITIONS (ADDENDUM TO FAR 52.212-1 (B) (11)): THIS IS AN OPEN-MARKET SOLICITATION FOR EQUIPMENT AS DEFINED HEREIN. THE GOVERNMENT INTENDS TO AWARD A PURCHASE ORDER AS A RESULT OF THIS SOLICITATION THAT WILL INCLUDE THE CLAUSES SET FORTH HEREIN. THE QUOTATION SHOULD INCLUDE ONE OF THE FOLLOWING STATEMENTS: "The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition." OR "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) Note: This procurement is not being conducted under the GSA Federal Supply Schedule (FSS) program or another Government-Wide Area Contract (GWAC). If an offeror 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 offerors FSS or GWAC contract, and the statement required above shall be included in the quotation. • 52.225-4 -- BUY AMERICAN -- FREE TRADE AGREEMENTS - ISRAELI TRADE ACT CERTIFICATE. (ALT II) (MAY 2014) (a) The offeror certifies that each end product, except those listed in paragraph (b) or (c) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." (b) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American-- Free Trade Agreements--Israeli Trade Act": Canadian or Israeli End Products Line Item No.: Country of Origin: [List as necessary] (c) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (b) of this provision) as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreement--Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: Line Item No.: Country of Origin: [List as necessary] (d) The Government will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation. • FAR 52.225-18 PLACE OF MANUFACTURE (Mar 2015) (a) Definitions. As used in this clause- "Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except- (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. (b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) [ ] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) [ ] Outside the United States. • CAR 1352.213-70 EVALUATION UTILIZING SIMPLIEFIED ACQUISITION PROCEDURES (APR 2010) (a) The Government will issue an order resulting from this request for quotation to the responsible offeror whose quotation results in the best value to the Government, considering both price and non-price factors. The Government will evaluate quotations based on the following evaluation criteria: 1) Technical Capability; 2) Experience; 3) Past Performance; 4) Price. Technical Capability, Experience and Past Performance, when combined, will be considered more important than price. i. Technical Capability: All items must be new. Prototypes, used or refurbished instruments will not be considered for award. Evaluation of technical capability shall be based on the information provided in the quotation. NIST will evaluate whether the offeror has demonstrated that its proposed equipment meets or exceeds all minimum requirements. Quotations that do not demonstrate the proposed equipment meets all requirements will not be considered further for award. If an offeror does not indicate whether its proposed equipment meets a certain minimum requirement, NIST will determine that it does not. Offerors that propose equipment that exceeds the stated minimum specifications will be rated higher under this factor. Preference will be given to offerors who exceed the minimum requirements set forth above, with particular weight given to Specifications 20 through 24 which specify the ability of the FTIR system to acquire spectral data a high speed with precise timing control. ii. Experience: The Government will evaluate the extent of the Offeror's experience providing similar equipment. The Government will give preference to Offerors who demonstrate they have experience delivering the same type equipment they are proposing for the current requirement. Offerors shall submit a list of at least two (2) similar systems supplied in the past five (5) years. Information shall include the model name/number, date of sale, end user name and end user contact information. iii. Past Performance: The Government will evaluate the Offerors past performance information and, if appropriate, its proposed subcontractors' past performance to determine its relevance to the current requirement and the extent to which it demonstrates that the offeror has successfully completed relevant contracts in the past five years. In assessing the offerors past performance information, NIST will evaluate, as appropriate, successful performance of contract requirements, quality and timeliness of delivery of goods and services, cost management, communications between contracting parties, proactive management and customer satisfaction. Evaluation of this factor will be based on information contained in the technical portion of the quotation and information provided by references. The Government will evaluate past performance information by contacting appropriate references, including NIST references, if applicable. The Government may also consider other available information in evaluating the offerors past performance. The Government will assign a neutral rating if the offeror has no relevant past performance information. iv. Price: The Government will review proposed prices and price discounts for price fairness and reasonableness. EXPERIENCE AND PRICE SHALL NOT BE EVALUATED ON QUOTES THAT ARE DETERMINED TECHNICALLY UNACCEPTABLE UNDER THE TECHNICAL CAPABILITY EVALUATION FACTOR. (End of provision) • CAR 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 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: PATRICK STAINES, CONTRACTING OFFICER 100 Bureau Drive, MS 1640 Gaithersburg, MD 20899 (c) Agency protests filed with the 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 protest, 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 • CAR 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, N.W. Washington, D.C. 20230 FAX: (202) 482-5858 (End of clause) • REPRESENTATION BY CORPORATIONS REGARING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (CLASS DEVIATION) (MARCH 2015) (1) 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- (a) 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 (b) 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. (2) The Offeror represents that, as of the date of this offer - (a) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (b) 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. CLAUSES • FAR 52.212-4, CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (MAY 2015) (Reference FAR 12.301(b)(3)) • FAR 52.212-5, CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUES OR EXECUTIVE ORDERS - COMMERICAL ITEMS (MAY 2015) • The following additional FAR clauses cited in FAR 52.212-5 are applicable to this acquisition - O FAR 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) O FAR 52.203-13, CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (APR 2010) (41 U.S.C. 3509) O FAR 52.204-10, REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (JUL 2013) (PUB. L. 109-282) (31 U.S.C. 6101 NOTE) O FAR 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) O FAR 52.209-9, UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) (41 U.S.C. 2313) O FAR 52.219-8, UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2014) (15 U.S.C. 637(D)(2) AND (3)) O FAR 52.219-28, POST AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013) (15 U.S.C. 632(A)(2)) O FAR 52.222-3, CONVICT LABOR (JUNE 2003) (E.O. 11755). O FAR 52.222-19, CHILD LABOR-COOPERATION WITH AUTHORITIES AND REMEDIES (JAN 2014) (E.O. 13126) O FAR 52.222-21, PROHIBITION OF SEGREGATED FACILITIES (APR 2015) O FAR 52.222-26, EQUAL OPPORTUNITY (APR 2015) (E.O. 11246) O FAR 52.222-35, EQUAL OPPORTUNITY FOR VETERANS (JUL 2014) (38 U.S.C. 4212) O FAR 52.222-36, EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014) (29 U.S.C. 793) O FAR 52.222-37, EMPLOYMENT REPORTS ON VETERANS (JUL 2014) (38 U.S.C. 4212) O FAR 52.222-40, NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010) (E.O. 13496) O FAR 52.222-50, COMBATING TRAFFICKING IN PERSONS (MAR 2015) (22 U.S.C. CHAPTER 78 AND E.O. 13627) O FAR 52.223-18, ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011) (E.O. 13513) O FAR 52.225-13, RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008) (E.O.'S, PROCLAMATIONS, AND STATUTES ADMINISTERED BY THE OFFICE OF FOREIGN ASSETS CONTROL OF THE DEPARTMENT OF THE TREASURY) o FAR 52.232-33, PAYMENT BY ELECTRONIC FUNDS TRANSFER- SYSTEM FOR AWARD MANAGEMENT (Jul 2013) (31 U.S.C. 3332) • FAR 52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (May 2015) (Reference FAR 12.301(b)(3) • FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013) (Reference FAR 4.1105(a)(1)) • FAR 52.207-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013) (Reference FAR 4.1105(b)) • FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) (Reference FAR 32.706-3) • FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) (Reference FAR 32.009-2) • FAR 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) (Reference FAR 33.215(b)) • FAR 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984) (Reference FAR 37.110(b)) • FAR 52.247-35 F.O.B. DESTINATION, WITHIN CONSIGNEE'S PREMISES (APR 1984) (Reference FAR 47.303-7(c)) • CAR 1352.246-70 PLACE OF ACCEPTANCE (APR 2010) (a) The Contracting Officer or the duly authorized representative will perform inspection and acceptance of supplies and services to be provided under this contract. (b) The place of acceptance will be: Inspection and acceptance will be performed at: U.S. Department of Commerce DOC/NIST 100 Bureau Drive Gaithersburg, MD 20899 Building: (End of clause) • CAR 1352.201-70 CONTRACTING OFFICER'S AUTHORITY (APR 2010) (Reference 48 CFR 1301.602-170) • CAR 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010) (Reference 48 CFR 1309.507-2(c)) • CAR 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010) (Reference 48 CFR 1309.507-2(d)) • CAR 1352.231-71 DUPLICATION OF EFFORT (APR 2010) (Reference 48 CFR 1331.205-70) CAR CLAUSES FULL TEXT CAN BE ACCESSED AT: http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl • PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS-REPRESENTATION (FEB 2015) (a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (End of provision) • NIST LOCAL_04 BILLING INSTRUCTIONS (1) The Contractor shall submit an original invoice or voucher in accordance with the payments provisions of this contract to: NIST Accounts Payable Office 100 Bureau Drive, Mail Stop 1621 Gaithersburg, MD 20899-1621 FAX Number: 301-975-8283 Email: invoice@nist.gov (2) 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. (End Clause)

SRM 1869 Infant/ Adult Nutritional Formula

Department of Commerce, National Institute of Standards and Technology (NIST) | Published August 7, 2015  -  Deadline August 17, 2015
cpvs

The offeror represents, as part of its offer, that- (i) It o is, o is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and (ii) It o is, o is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(8)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation. (d) Notice. (1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished. (2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall- (i) Be punished by imposition of fine, imprisonment, or both; (ii) Be subject to administrative remedies, including suspension and debarment; and (iii) Be ineligible for participation in programs conducted under the authority of the Act. (End of provision) 52.222-22 Previous Contracts and Compliance Reports (FEB 1999) The offeror represents that- It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; It □ has, □ has not filed all required compliance reports; and Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards. (End of provision) 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/these address: https://acquisition.gov/far/index.html The following FAR clauses are incorporated by reference: 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (APR 2014) 52.204-13 System for Award Management Maintenance (JUL 2013) 52.204-18 Commercial and Government Entity Code Maintenance (NOV 2014) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.212-4 Contract Terms and Conditions-Commercial Items (MAY 2015) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) The following FAR clauses are incorporated in full text: 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (MAY 2015) (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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014) (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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 (Apr 2010) (41 U.S.C. 3509). ___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). __X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). ___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). __X_ (8) 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). ___ (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 2011) (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 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 2014) (15 U.S.C. 637(d)(2) and (3)). ___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637 (d)(4)). ___ (ii) Alternate I (Oct 2001) of 52.219-9. ___ (iii) Alternate II (Oct 2001) of 52.219-9. ___ (iv) Alternate III (Oct 2014) 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 (Nov 2011) (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. 657f). __X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). ___ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). ___ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)). __X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). __X_ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126). __X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). __X_ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). ___ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212). __X_ (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 (Jul 2014) (38 U.S.C. 4212). ___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). __X_ (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 (Aug 2013). (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) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Jun 2014) of 52.223-13. ___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-14. ___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-16. __X_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). ___ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). _X__ (42) (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). __X_ (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. ___ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). __X_ (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). ___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)). ___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). _X__ (50) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (51) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). ___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (54) (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 2014) (E.O. 13658). ___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). ___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 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 (Apr 2010) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212). (ix) 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. (x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627). (xii) 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.) (xiii) 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) (xiv) 52.222-54, Employment Eligibility Verification (Aug 2013). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658). (xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xvii) 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. (xviii) 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) The following U.S. Department of Commerce Acquisition Regulation (CAR) provisions and clauses apply to this procurement. The CAR can be accessed online at https://federalregister.gov/a/2010-4132 1352.201-70 CONTRACTING OFFICER'S AUTHORITY (APR 2010) 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) 1352.209-73 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. (End of clause) 1352.209-74 ORGANIZATIONAL 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. (End of clause) 1352.215-72 INQUIRIES (APR 2010) Offerors must submit all questions concerning this solicitation in writing to grace.garrity@nist.gov. Questions must be received no later than 5:00 p.m. Eastern Time on Wednesday, August 5. 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. (End of Provision) 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: GRACE GARRITY, 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 (End of clause) 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, N.W. Washington, D.C. 20230. FAX: (202) 482-5858 (End of clause) 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 (End of clause)
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