Networking Test Equipment
Added: Aug 25, 2015 3:02 pm DESCRIPTION: 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 BEING ISSUED USING SIMPLIFIED ACQUISITION PROCEDURES UNDER THE AUTHORITY OF FAR 13.5, TEST PROGRAM FOR CERTAIN COMMERCIAL ITEMS.This solicitation is a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect tough Federal Acquisition Circular (FAC) 2005-83.The National Institute of Standards and Technology (NIST) is issuing a Request for Quotations (RFQ) for Networking Test Equipment. The associated North American Industrial Classification System (NAICS) code for this procurement is 541519 - IT Value Added Resellers, with a small business size standard of 150 employees. This acquisition is 100% set-aside for small businesses. Proposed CLIN Structure:Line Item Product Description Qty. Unit Unit Price Total0001 Chassis / Test System(see Technical Specifications/Requirements Attachments) 1 LO 0002 Network Interface / Testing Cards(see Technical Specifications/Requirements Attachments) 1 LO 0003 Software(see Technical Specifications/Requirements Attachments) 1 LOSpecifications: See enclosed document titled "Technical Specifications/Requirements". Minimum Requirements: The acquired products shall meet or exceed the minimum requirements of the Technical Specifications/Requirements.Acceptance/Inspection:Hardware will be tested in ANTD laboratory with various other network equipment.Period of Performance /Delivery: Delivery is anticipated 30 days after receipt of order.Attachments: 1. Technical Specifications/Requirements________________________________________PROVISIONS AND CLAUSES:The following provisions and clauses apply to this acquisition and are hereby incorporated by reference. All FAR clauses may be viewed at https://www.acquisition.gov/?q=browsefar. All Commerce Acquisition Regulations (CAR) clauses may be viewed at http://farsite.hill.af.mil/VFCARA.HTM.Provisions:52.212-1, Instructions to Offerors-Commercial Items52.212-3, Offeror Representations and Certifications-Commercial ItemsRepresentation 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)Certification By Offerors Regarding Federal Income Tax Filing And Federal Income Tax Violations. (Class Deviation) (March 2015)(a) In accordance with Section 523 of Division B, Consolidated and Further Continuing Appropriations Act, 2015, (Pub. L. 113-235) none of the funds made available by the Act may be used to enter into a contract in an amount greater than $5,000,000 unless the prospective contractor certifies in writing to the U.S. Consolidated and Further Continuing that, to the best of its knowledge and belief, the contractor has filed all Federal tax returns required during the tee years preceding the certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.(b) The Offeror's proposal shall include a signed written certification as follows - To the best of my knowledge and belief, ---(name of offeror)--- has filed the Federal tax returns required during the tee years preceding this certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.Firm _____________________________________________ Signature _________________________________________ Name ____________________________________________ Title _____________________________________________ Date of execution __________________________________ (End of Provision)52.203-98, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements-Representation (DEVIATION 2015-02) (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)FAR Clauses:52.212-4, Contract Terms and Conditions-Commercial Items52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items-Commercial Items including subparagraphs:52.204-10 Reporting Executive Compensation;52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment;52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters; 52.219-6 Notice of Total Small Business Set-Aside;52.219-8 Utilization of Small Business Concerns;52.219-28 Post Award Small Business Program Re-representation;52.222-3 Convict Labor;52.222-19 Child Labor - Cooperation With Authorities And Remedies;52.222-21 Prohibition of Segregated Facilities;52.222-26 Equal Opportunity;52.222-35 Equal Opportunity for Veterans52.222-36 Affirmative Action for Workers with Disabilities;52.222-37 Employment Reports on Veterans.52.222-50 Combating Trafficking in Persons52.223-18 Contractor Policy to Ban Text Messaging While Driving;52.225-13 Restriction on Certain Foreign Purchases;52.232-33 Payment by Electronic Funds Transfer-System for Award Management52.203-99, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (DEVIATION 2015-02) (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)Assurance 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 Consolidated and Further Continuing Appropriations Act, 2015 and subsequent appropriations acts 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 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 Clause)Commerce Acquisition Regulations (CAR) Clauses: 1352.201-70, Contracting Officer's Authority1352.209-73, Compliance With the Laws1352.209-74, Organizational Conflict of Interest1352.215-72, Inquiries Offerors must submit all questions concerning this solicitation in writing to the Contracting Officer. Questions should be received no later than 4 calendar days from solicitation issuance. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Requests shall include complete company name, address, telephone and e-mail address. FAX AND OR PHONE REQUESTS ARE NOT AUTHORIZED AND WILL NOT BE ACCEPTED. 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 FR 16,651 (April 6, 1999).(b) Agency protests filed with the Contracting Officer shall be sent to the following address: NIST/ACQUISITION MANAGEMENT DIVISIONATTN: KEITH BUBAR, CONTRACTING OFFICER100 Bureau Drive, MS 1640Gaithersburg, MD 20899(c) Agency protests filed with the agency 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 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 CommerceOffice of the General CounselChief, Contract Law DivisionRoom 5893Herbert C. Hoover Building14th Street and Constitution Avenue, NW.Washington, DC 20230FAX: (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 CommerceOffice of the General CounselChief, Contract Law DivisionRoom 5893Herbert C. Hoover Building14th Street and Constitution Avenue, NW.Washington, DC 20230FAX: (202) 482-5858.(End of clause)NIST Local Clause_04 Billing Instruction(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)________________________________________ADDENDUM TO FAR 52.212-1, QUOTATION PREPARATION INSTRUCTIONS:All quotations shall be submitted in two separate volumes: Technical Volume and Pricing Volume. All quotations shall contain, at a minimum, the information detailed below for each respective volume. If a quotation is missing any of the elements listed below, the quotation may be deemed unacceptable and may not be evaluated further:1. Technical QuotationThe technical quotation shall clearly demonstrate that the proposed system meets or exceeds each of the Government's technical specifications (see Technical Specifications attachment). In order to do this, the Offeror's technical quotation must contain, at a minimum, the following elements:A. The first requirement of the technical quotation is that it must contain a summary document detailing the name of the proposed system, the manufacturer of the system, and the specific manufacturer Part Numbers, Product Descriptions and Quantities for all components of the system. B. The second requirement is that the technical quotation must contain a document(s) that clearly demonstrates that the proposed system meets or exceeds each of the minimum technical specifications in the Technical Specifications attachment. This document(s) must include a matrix of some format that restates each of the minimum Technical Specifications (from Section II of the Technical Specifications attachment) and clearly shows how each of the minimum Technical Specifications is met or exceeded, with references to which components of the proposed system (with manufacturer Part Numbers and/or Product Descriptions) satisfy each specification from the Technical Specifications. C. The third requirement is that the technical quotation shall contain a detailed technical description or supporting product literature for the equipment it is proposing, which clearly identifies the manufacturer, make and model. This documentation shall support the document(s) from Section B above, to help demonstrate that the proposed products meet or exceed each minimum Technical Specification. D. The fourth requirement is that the technical quotation shall contain evidence that the Offeror is authorized by the original product manufacturer to provide the item(s) in the quotation.2. Price Quotation Offerors shall propose a firm-fixed-price for each of CLINs 0001 tough 0003 in the Proposed Contract Line Item Structure, and a total firm fixed price equaling the sum of the proposed prices for all CLINs. The Price quotation shall also include sufficient documentation to show any discounts being provided. Price quotations shall remain valid for a period of 45 days from the date quotations are due. ________________________________________QUOTATION EVALUATION: The Government intends to award a Firm Fixed Price Purchase Order to an Offeror who presents a technically acceptable offer at the lowest price. The Contracting Officer intends to award without discussions, but reserves the right to enter into discussions if it is in the best interest of the Government. A quotation will only be considered technically acceptable if:a. The Offeror follows all instructions given in this solicitationb. The Technical and Price Quotations each contain the required elements as detailed in the Quotation Preparation Instructions.c. The quotation clearly demonstrates that the proposed system meets or exceeds each of the minimum Technical Specifications detailed in the Technical Specifications attachmentd. The Offeror proposes a firm-fixed price for each of CLINs 0001 - 0003 in the Proposed Contract Line Item Structure and a total firm fixed price equaling the sum of the proposed prices for all CLINs. An evaluation of Technically Acceptable / Non-Acceptable will be assigned upon completion of the technical quotation evaluation. Offerors who fail to provide sufficient information (e.g. data sheets, specifications, etc.) that clearly demonstrates an ability to meet the Government's technical specifications shall be considered non-acceptable. If an evaluation of Non-Acceptable is received, the Offeror will not be considered for Award.Due Date and Response Information:Offerors capable of furnishing the specified equipment in this combined synopsis/solicitation should submit their quote in writing to Chantel Adams electronically at chantel.adams@nist.gov and Keith Bubar electronically at keith.bubar@nist.gov. FAX quotations shall not be accepted. Offerors shall submit their quotations so that NIST receives them not later than 1:00 pm EST, September 2, 2015. SB1341-15-RQ-1021 Department of Commerce National Institute of Standards and Technology
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