SYN SOL.docx

Request for Quotation Number 1333ND24QNB640404 Combined Synopsis/Solicitation

THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS PREPARED IN ACCORDANCE WITH THE FORMAT IN FEDERAL ACQUISITION REGULATION (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 a Request for Quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-05 effective May 22, 2024.

The associated North American Industrial Classification System (NAICS) code for this procurement is 334516 with a small business size standard of 1000 employees. This requirement is being procured using full and open competition.

Simplified acquisition procedures will be utilized in accordance with FAR Subpart 13.5, Simplified Procedures for Certain Commercial Items.

THIS IS A BRAND NAME OR EQUAL PROCUREMENT. Brand name or equal is intended to be descriptive, not restrictive, and is intended to identify the salient physical, functional, or performance characteristics of the brand name item that an "equal" item must meet to be acceptable for award.

BASE LINE ITEMS – Line Items 0001 through 0007

LINE ITEM 0001 – Quantity one each 600 MHz NMR spectrometer system, triple resonance helium (He) cryogenically cooled probe (cryoprobe) for liquid sample analysis and a high-resolution magic angle spinning probe for analysis of semi-solid samples, manufactured by Bruker Biospin, or equivalent, including all of the components and meeting all of the salient characteristics identified in the attached statement of work.

LINE ITEM 0002 – Quantity one job Installation, in accordance with the attached statement of work.

LINE ITEM 0003 – If quoted, quantity one lot Use of NIST-Owned Probes in accordance with the statement of work.

LINE ITEM 0004 – If quoted, quantity one lot, Decommissioning of existing NIST-owned system.

LINE ITEM 0005- Quantity one job, Training, in accordance with the attached statement of work.

LINE ITEM 0006 – Quantity one year, Warranty, in accordance with the statement of work.

LINE ITEM 0007 – Quantity four (4) years, Maintenance Agreement, in accordance with the statement of work.

SEPARATELY PRICED OPTION LINE ITEM.

The Government has included one separately priced option line item. Line Item 0008 is a separately priced option line item. The Government may exercise the separately priced option line item, at its discretion, at the time of award, or at any time not later than one year from the date of award. The price for the separately priced option shall remain in effect consistent with the timeline identified.

LINE ITEM 0008–

Quantity one each double resonance room temperature probe 5 mm broadband observe probe in accordance with the statement of work; AND

Quantity one each triple resonance (HXY) room temperature solid-state magic angle spinning (MAS) probe designed for the analysis of rigid solid samples in accordance with the statement of work.

PAYMENT SCHEDULE

Partial payments may be authorized. Quoters may submit a payment schedule for consideration by the Government. Proposed payment schedules must comply with all of the following terms:

Line Item 0001 through 0006:

-The Government cannot pay more than 15% of the aggregate value of Line Items 0001-0005 upon written acceptance of the award;

-Payments must be attached to tangible deliverables submitted by the Contractor;

-A large percentage of the aggregate value of Line Items 0001-0005 will be held until successful completion of delivery, installation, demonstration of all salient characteristics/specifications, and training.

-The Contractor will be paid upon submission of a proper invoice and submission by the Contractor and acceptance by the Government of required deliverables.

-An invoice will not be approved for payment if deliverables have not been delivered/completed or have been rejected by the Government.

Line Item 0007:

Partial payments will be authorized. The Contractor shall bill on a monthly or quarterly basis, in arrears. The Contractor will be paid upon submission of a proper invoice and submission by the Contractor and acceptance by the Government of all work required during the billing period. An invoice will not be approved for payment if maintenance and/or repairs are pending or have been rejected.

EVALUATION CRITERIA AND BASIS FOR AWARD

The Government will award a purchase order resulting from this solicitation to the responsible quoter whose quotation, conforming to the solicitation, results in the best value to the Government, price and other factors considered.

The following will be used to evaluate quotations:

Capability, Experience, and Past Performance, when combined, shall be equal in importance to price.

Capability Capability will be evaluated to determine that:

1. The Contractor can provide all equipment, hardware and software required by the statement of work;

2. The Contractor can meet or exceed all equipment, hardware and software salient characteristics/specifications identified in the statement of work;

3. The Contractor will comply with requirements of the delayed delivery/delayed manufacturing requirements identified in the statement of work;

4. The Contractor can perform all maintenance requirements identified in the statement of work;

5. The Contractor can obtain replacement parts, hardware, and software required for repairs;

6. The maintenance will be performed by individuals who are trained and fully competent in the operation of the covered instrument.

Experience Experience will be evaluated to determine the depth and breadth of the Contractor’s experience manufacturing, delivering, installing, and maintaining equipment with the same performance specifications identified in the statement of work.

Past Performance Past Performance shall be evaluated to determine the overall quality of the equipment and service provided by the Contractor. Evaluation of Past Performance shall be based on the references provided and/or information provided by NIST and its affiliates.

Quoters with no relevant past performance will receive a neutral rating.

PRICE

Price will be evaluated to determine that the total price is consistent with the technical portion of the quotation and is a fair and reasonable overall price to the Government.

REQUIRED SUBMISSIONS

All quoters shall submit the following within their quotation:

1. A firm, fixed, FOB Destination price for each line item and the aggregate value of all line items. Quoters must provide pricing for the separately priced option line item.

2. For the purpose of evaluation of Capability, the quotation must include:

-Technical description and/or product literature. Quoters shall include the manufacturer, make and model of the product, manufacturer sales literature or other product literature which CLEARLY DOCUMENTS that the quoted equipment meets all salient characteristics/specifications. It is the responsibility of the quoter to ensure that submitted documentation clearly addresses all salient characteristics/specifications.

-If any salient characteristic/specification is not clearly addressed within product literature and/or the quoter’s equipment requires modification to meet the requirement, quoters shall provide clear and complete documentation of how that salient characteristic/specification will be met. It is the responsibility of the quoter to ensure that all salient characteristics/specifications are addressed.

-A description of the quoted warranty;

-Documentation, which explains how service calls will be handled when the Government contacts the prime Contractor for service. The Government has no privity of contract with subcontractors.

-If the prime Contractor is proposing a subcontractor and/or consultant(s), the quotation must include documentation which shows that the prime Contractor and the proposed subcontractor/consultant have a current and active business relationship;

-Confirmation that the proposed subcontractor and/or consultant has agreed to work with the prime contractor to perform the work the subcontractor/consultant has been proposed to perform;

3. For the purpose evaluation of Experience, the quotation must include:

A list of the same or similar equipment the Contractor has manufactured, the environment where the equipment is being utilized, and the performance specifications that the equipment consistently meets as a complete system. Performance specifications must be provided for all of the following components: NMR Magnet, NMR Console, Probes, Cryoplatform, MAS Control Unit, and Autosampler.

4. For the purpose of evaluation of Past Performance, the technical quotation must include:

Recent and relevant past performance references for relevant contracts over the past three years with Federal, State, Local Governments, and/or commercial customers. The list of references shall include, at a minimum:

· The name of the company or organization and the reference contact person;

· The telephone number and email address of the reference contact person;

· The contract or grant number;

· The amount of the contract;

· The address and telephone number of the Contracting Officer, if applicable;

· The make and model of the equipment provided;

· Problems encountered (if applicable) and corrective actions taken to resolve the problems.

If a subcontractor is proposed, quoters must provide past performance references for themselves as well as subcontractors.

Past performance must be addressed by the Contractor. If the Contractor has no recent and/or relevant past performance performing the required work, the quotation must so state.

5. This is an Open-Market Combined Synopsis/Solicitation for equipment and ancillary services, 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;

6. The Unique Entity ID (UEI) for the quoter’s active System for Award Management (SAM) registration. Quoters must have an active registration at SAM.Gov in order to be considered for award;

7. Quoters shall confirm that they themselves are the manufacturer of the quoted equipment. If not, the manufacturer must be identified.

8. Small Business Subcontracting Plan Entities not self-certified as a small business in accordance with the small business size standard identified in the solicitation, must submit a small business subcontracting plan in accordance with the format attached. The subcontracting plan shall be submitted with the Offeror’s initial proposal.

The subcontracting plan may be an individual plan, specific to the required work, or a commercial plan, which represents the company’s commercial subcontracting efforts.

If the Offeror has a commercial subcontracting plan that has been pre-approved by another agency, a copy of the approved subcontracting plan may be submitted.

DUE DATE FOR QUOTATIONS

E-mail quotations are required. All quotations must be submitted via e-mail to Carol A. Wood, Contract Specialist at Carol.wood@Nist.gov.

Submission must be received not later than 3:30 p.m. Eastern Time on July 25, 2024. A quotation shall be considered received when it is received in the electronic inbox of Carol Wood not later than the date and time identified herein.

Questions: All questions regarding this notice must be submitted via e-mail to carol.wood@nist.gov.

PROVISIONS AND CLAUSES

The following Federal Acquisition Regulation provisions apply to this acquisition: 52.204-7, System for Award Management 52.204-16, Commercial and Government Entity Code Reporting 52.204-17, Ownership or Control of Offeror 52.204-20, Predecessor of Offerors 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law 52.211-6, Brand Name or Equal 52.212-1, Instructions to Offerors—Commercial Items 52.212-3, Offeror’s Representations and Certifications-Commercial Items 52.217-5, Evaluation of Options 52.225-25, Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran

In accordance with FAR 52.212-3 Offeror Representations and Certifications – Commercial Items, quoters must complete annual representations and certifications on-line at www.SAM.Gov. If paragraph (j) of the provision applies, a written submission is required.

The following FAR clauses apply to this acquisition:

52.204-13, System for Award Management Maintenance 52.204-18, Commercial and Government Entity Code Maintenance 52.204-19, Incorporation by Reference of Representations and Certifications 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations 52.212-4, Contract Terms and Conditions—Commercial Items 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Items. (Full text below) 52.217-7, Option for Increased Quantity-Separately Priced Line Item 52.217-8, Option to Extend Services 52.232-39, Unenforceability of Unauthorized Obligations 52.232-40, Providing Accelerated Payments to Small Business Subcontractors 52.233-3, Protest After Award 52.233-4, Applicable Law for Breach of Contract Claim 52.247-34, FOB Destination

The following U.S. Department of Commerce Acquisition Regulation (CAR) provisions and clauses apply to this procurement. The full text of a CAR provision or clause may be accessed electronically at www.acquisition.gov. Reference Supplemental Regulations, U.S. Department of Commerce.

1352.201-70 CONTRACTING OFFICER'S AUTHORITY

1352.209-73 COMPLIANCE WITH THE LAWS

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST

1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS

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: CAROL A. WOOD, 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

1352.246-70 PLACE OF ACCEPTANCE 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)