Cigarettes for Certification as Standard Reference Materials (SRMs)
Added: May 12, 2009 2:15 pm THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS PREPARED IN ACCORDANCE WITH THE FORMAT IN FAR SUBPART 12.6-STREAMLINED PROCEDURES FOR EVALUATION AND SOLICITATION FOR COMMERCIAL ITEMS-AS SUPPLEMENTED WITH ADDITIONAL INFORMATION INCLUDED IN THIS NOTICE. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTATIONS ARE BEING REQUESTED, AND A WRITTEN SOLICITATION DOCUMENT WILL NOT BE ISSUED. ***This solicitation is being issued using Simplified Acquisition Procedures.*** ***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) 2005-32.*** *** The associated North American Industrial Classification System (NAICS) code for this procurement is 312221 with a small business size standard of 1000 employees. This acquisition is a 100% small business set-aside. In accordance with the Non-Manufacturer Rule, to qualify under a small business set-aside, the distributor and the manufacturer must qualify as a Small Business under the NAICS code identified above. *** *** The National Institute of Standards and Technology is seeking to purchase Cigarettes for Certification as Standard Reference Materials (SRMs). *** Background: Cigarette ignition of upholstered furniture and mattresses has been and continues to be the largest single cause of fire deaths in the United States. To mitigate these losses, both the U.S. Consumer Product Safety Commission (CPSC) and the State of California have promulgated, or are in the process of promulgating, regulations that limit the susceptibility of these soft furnishings to ignition by a lit cigarette. There are also standard tests for cigarette ignition resistance that are used by the upholstered furniture industries. The ignition tests for both mattresses and upholstered furniture involve placing a lit cigarette on a substrate that is either the finished product or an assembly meant to be indicative of the finished product. In all these tests, the current test cigarette (CTC) is a commercial product, specified by its length (85 mm  2 mm), a tobacco packing density (0.270 g/cm3  0.020 g/cm3), mass (1.1 g  0.1 g), and the absence of a filter tip. This particular cigarette had been selected because early data indicated that it had the highest ignition propensity of any of the cigarettes examined. As furnishing items resisting ignition by the CTC have replaced older pieces, there has been a sizable reduction in the number of furnishings fires and casualties. In February 2008, the manufacturer of the CTC ceased production of the cigarette. This has led to demand for some type of successor to the CTC. Working with the CPSC, NIST is developing a standard reference cigarette, NIST SRM 1196, for this purpose. Since 2004, an increasing number of states have required that all cigarettes be of low ignition strength, as measured using ASTM E 2187, Standard Test Method for the Ignition Strength of Cigarettes. To measure the low ignition propensity of the new, less fire-prone cigarettes, a small heat sink is used in the testing. To quantify the performance of the stronger CTC and SRM 1196, a larger heat sink is to be used. NIST has developed this modification to ASTM E 2187. ***All interested Contractors may provide a quote for the following: Line Item 0001: Cigarettes for Certification as Standard Reference Materials (SRMs), which shall meet the minimum specifications outlined in the attachment (SRM cigarette specifications.doc). The Contractor shall provide pricing for the following quantities: 1. 1,000,000 cigarettes (5,000 cartons); 2. 1,500,000 cigarettes (7,500 cartons); 3. 2,000,000 cigarettes (10,000 cartons). The price shall not include taxes. NIST will arrange approval from the Bureau of Alcohol, Tobacco, and Firearms for the waiving of Federal taxes. The manufacturer will obtain exemption from state taxes, using the pack disclaimer noted in section 1.2 of the Minimum Specifications (see attachment). Upon manufacture, the cigarettes shall be shipped promptly to NIST in a refrigerated truck. The temperature should be near 0 C. NIST will arrange with the State of Maryland for the shipment into Maryland of cigarettes that do not meet the requirements for "fire-safe" cigarettes. Delivery terms shall be FOB Destination. FOB Destination means: 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 line item 0001 to NIST, Building 301, Shipping and Receiving, Gaithersburg, MD 20899-1640. Award shall be made to the quoter whose quote offers the best value to the Government. The Technical Acceptability factor is a go/no-go factor. Offerors who meet this factor will then be evaluated for delivery time and past performance. The Government will evaluate information based on the following evaluation criteria: 1) Technical Acceptability factor "Meeting the Minimum Specifications," 2) Delivery Time, 3) Past Performance and 4) Price. Delivery time and past performance, when combined, shall be approximately equal importance to price. If delivery time and past performance are equivalent, price shall be the determining factor. Delivery Time: Delivery time for the final shipment of cigarettes shall be 14 weeks or less after NIST testing and acceptance of the prototype cigarettes (as outlined in the specifications), or acceptance of Contractors ignition strength certification documentation, whichever method is offered by Contractor. Quicker delivery time adds value. Past Performance: Past Performance will be evaluated to determine the overall quality of the product & service provided and the Contractors history of meeting delivery schedules for prior deliverables. Evaluation of Past Performance shall be based on the references provided and/or the quoters recent and relevant procurement history with NIST or its affiliates. Offerors must provide a list of at least tee (3) references to whom the same or similar products have been provided. The Contractor must include the references name, contact person, and contact information in the quotation. *** The full text of a FAR provision or clause may be accessed electronically at http://acquisition.gov/comp/far/index.html. *** *** The following provisions apply to this acquisition: 52.212-1 Instructions to Offerors-Commercial Items; 52.212-3 Offerors Representations and Certifications- Commercial Items. *** *** Offerors must complete annual representations and certifications on-line at http://orca.bpn.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. ******The following clauses apply to this acquisition: 1. 52.212-4 Contract Terms and ConditionsCommercial Items; 2. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive OrdersCommercial Items including subparagraphs: a. 52.219-6 Notice of Total Small Business Set Aside b. 52.222-3 Convict Labor c. 52.222-19 Child Labor Cooperation With Authorities And Remedies d. 52.222-21 Prohibition of Segregated Facilities e. 52.222-26 Equal Opportunity f. 52.222-36 Affirmative Action for Workers with Disabilities g. 52.222-50 Combating Trafficking in Persons h. 52.225-3 Buy American Act- Free Trade Agreement Israeli Trade Act i. 52.225-13 Restriction on Certain Foreign Purchases, and j. 52.232-33 Payment by Electronic Funds Transfer-Central Contractor Registration. Department of Commerce Agency-Level Protest Procedures Level above the Contracting Officer is also incorporated. It can be downloaded at www.nist.gov/admin/od/contract/agency.htm. *** ***All quoters shall submit the following: 1) An original and one (1) copy of a quotation which addresses Line Item 0001; 2) An original and one (1) copy of the technical description and/or product literature; 3) Description of commercial warranty, if applicable; 4) An original and one (1) copy of the most recent published price list(s); 5) A list of tee (3) references which includes the contacts name, phone number, and e-mail; 6) Country of Origin information for each line item.*** ***All quotes shall be sent to the National Institute of Standards and Technology, Acquisition Management Division, Attn: Paula Wilkison, Building 301, Room B175, 100 Bureau Drive, Stop 1640, Gaithersburg, MD 20899-1640. *** This is an Open-Market Combined Synopsis/Solicitation for equipment 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: 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 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 offerors FSS or GWAC contract, and the statement required above shall be included in the quotation. ***Submission shall be received not later than 3:00 p.m. local time on May 22, 2009 at the National Institute of Standards & Technology, Acquisition Management Division, 100 Bureau Drive, Building 301, Room B175, Mail Stop 1640, Gaithersburg, MD 20899-1640, Attention: Paula Wilkison. Because of heightened security, FedEx, 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 tough Gate A, and a 48 hour (excluding weekends and holidays) prior notice shall be made to the Contracts Office at 301-975-4959. NIST is not responsible for late delivery due to the added security measures. In addition, offerors/quoters who do not provide 24-hour notification in order to coordinate entrance to the NIST campus shall assume the risk of not being able to deliver offers/quotes on time. The Government is not responsible for the amount of time required to clear unannounced visitors, visitors without proper identification and without complete information that would allow delivery (i.e. point of contact, telephone POC, Building, room number, etc.). If 24-hour notification was not provided, it is suggested your company representative or your courier service arrive at NIST at least 90 minutes prior to the closing time in order to process entry to the campus tough the visitor center and complete delivery. Notice shall include the company name, name of the individual making the delivery, and the country of citizenship of the individual. For non-U.S. citizens, the following additional information will be required: title, employer/sponsor, and address. Please ensure that the individual making the delivery brings photo identification, or they will be denied access to the facility. Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the Contract Specialist (Paula Wilkison) @ paula.wilkison@nist.gov. FAXED QUOTES WILL NOT BE ACCEPTED. HOWEVER, EMAILED QUOTES WILL BE ACCEPTED. ***
SB1341-09-RQ-0242 Department of Commerce National Institute of Standards and Technology
5/12/09, 2:15 PM