B-2 Request for Quotation.docx

Exhibit 11

STREAMLINED SOLICITATION FOR COMMERCIAL ITEMS

COMPETITIVE

COMBINED SYNOPSIS / SOLICITATION

Solicitation: SB1341-20-RQ-2803

Title: Fabrication, Design and Delivery of Steel Structural Reaction Frames

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

(ii) The solicitation number is SB1341-20-RQ-2803 and the solicitation is issued as a Request for Quotation (RFQ) on a Full and Open competitive basis. This acquisition is for a commercial item or service and is conducted under the authority of the Federal Acquisition Regulation (FAR) Part 13—Simplified Acquisition Procedures; and FAR Part 12—Acquisition of Commercial Items. This acquisition is NOT expected to exceed the simplified acquisition threshold of $250,000.00. A Fixed-Price type of contract is contemplated for any resulting contract entered into as a result of this solicitation.

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Regulation (FAR) Federal Acquisition Circular (FAC) Number/Effective Date: 2020-08 / 08-13-2020.

(iv) The North American Industry Classification System (NAICS) code for this procurement is 332312 Fabricated Structural Metal Manufacturing, with the small business size standard of 500 employees. This requirement is released on a Total Small Business set-aside basis.

(v) Background: This requirement is for the Engineering Laboratory (EL) at the National Institute of Standards and Technology (NIST). The EL is currently enhancing its structural testing capabilities by outfitting the Structural Testing Laboratory in Building 226 with steel reaction frames capable of efficiently testing shear-loaded components.

The purpose of this acquisition is to obtain the fabrication of steel structural reaction frames (SRFs) that shall be delivered to the testing laboratory at the NIST campus in Gaithersburg, MD. The SRFs shall be assembled into test setups for application of vertical and lateral loads in structural testing, including steel beams, outriggers, bolt-in stiffeners, anchor plates, a pantograph, and other more specialized accessories. The Contractor shall provide the equipment, materials, and labor necessary to fabricate the SRFs and deliver them FOB-Destination. All structural steel SRF-components shall be fabricated in accordance with standards identified in the attached Performance Work Statement.

The EL promotes a world-class resource for developing and promoting the use of science-based tools – measurements, data, models, protocols, and reference standards – to enhance both the global competitiveness of U.S. industry through innovations in building materials and construction technology, and the safety, security, and sustainability of the nation's buildings and physical infrastructure. Structural testing provides performance prediction tools to reduce the vulnerability of building and infrastructure systems to extreme events (e.g., wind, fire, earthquake, impact, blast) through cost-effective reliability-based multi-hazard approaches.

(vi) Purpose:

The purpose of this acquisition is to obtain contractor services to fabricate and deliver a set of Steel SRFs in accordance with the attached Performance Work Statement.

Independently and not as an agent of the Government, the Contractor shall furnish all the necessary services, qualified personnel, material, equipment, and facilities, not otherwise provided by the Government as needed to perform the work statement. See the attached Performance Work Statement for additional detail.

Data Rights: Any data generated as a result of this contract will be the property of NIST. NIST shall have unlimited rights to and ownership of all data including reports. In addition, it includes any additional deliverables required by contract change. The definition of “unlimited rights” is contained in Federal Acquisition Regulation (FAR) 27.401, “Definitions.” FAR clause 52.227-14, “Rights in Data-General,” is hereby incorporated by reference and made a part of this contract/order. Any data schemas will be the exclusive right of the government.

Section 508—Electronic and Information Technology (EIT) Standards: Contractor will not be involved in EIT Standards. No EIT is anticipated to be generated as a result of this requirement.

(vii) The Government anticipates award of a firm fixed-price purchase order for this acquisition. While the official dates are subject to change pending award of the purchase order, the Period of Performance is anticipated to be October 15, 2020 through December 14, 2021.

INSTRUCTIONS TO OFFERORS

The Offeror’s quotation shall be submitted electronically via email and shall consist of two volumes as detailed below. Each quotation volume shall include the Offeror’s name, DUNS number, and point of contact information in a cover page, header/footer, or other easily identified location. The Contracting Officer intends to award a purchase order without discussions but reserves the right to enter into discussions if in the best interest of the Government.

Volume 1: Technical Response This volume shall contain the Offeror’s technical response. The technical response (not including table of contents) shall not exceed forty (40) single sided pages. Text shall be no less than 12-point Arial or otherwise reasonably legible font in read-only Microsoft Word or searchable Adobe PDF format. The 40-page limit is not inclusive of any drawings, figures, other schematics, etc.

The technical response shall include the name, title, phone number, and email address of the Offeror’s primary point of contact and the individual authorized to negotiate on behalf of the Offeror (if negotiations are determined to be necessary). The technical response shall include a narrative description of the Offeror’s technical approach, capability to perform, and past performance.

1. Offerors shall provide evidence of sufficient planning to show that the work will be accomplished and how it will be accomplished within time and other constraints specified in the PWS or as applicable. The Offeror shall utilize all available resources to include controlling the execution of assigned activities, tasks, sub-tasks, monitoring progress, status reporting, resolving critical issues and/or mitigating risks and fulfilling all delivery requirements.

2. Offeror must clearly provide evidence of the following as part of its technical response, as described in the Performance Work Statement:

a. Evidence of Welder Certification. Welders shall be certified in accordance with the American Welding Society and shall produce a copy of the certificate with their quote/proposal.

b. Evidence of AISC Certification. Offerors must provide evidence that they are certified through the AISC as a Certified Building Fabricator (BU, formerly STD). In lieu of being a Certified Building Fabricator, this requirement can be met if the Offeror has AISC’s bridge certifications (Certified Bridge Fabricator – Simple (SBR), Certified Bridge Fabricator – Intermediate (IBR), and/or Certified Bridge Fabricator – Advanced (ABR)

3. Offerors shall provide documentation as evidence of possessing qualifications and capabilities of facilities and personnel to meet the specification requirements. All weaknesses/deficiencies relative to the specification requirements must be clearly documented. This shall include identifying:

a.) the Fabricator where the required products would be fabricated and provide documentation of its qualifications in accordance with the requirements set forth in the Performance Work Statement;

b.) the Offeror’s expertise in fabricating structural members of similar size scale, and complexity.

c.) the equipment and procedures that would be used to achieve the exacting fabrication tolerances specified in the Performance Work Statement; and d.) a description of the fabrication tolerances the offeror proposes to provide.

4. The technical volume shall also include organizational experience. Offeror’s shall provide information for at least three (3) orders or contracts completed during the past five (5) years and / or contracts awarded currently in process in which the Offeror performed work that is similar in nature, size and complexity to the scope of this requirement. Contracts listed may include those entered into by the Federal Government, agencies of state and local governments and commercial concerns. Newly formed entities without prior contracts should list contracts and subcontracts as required above for such personnel. For each contract, subcontract, or reference include:

(i) Name of Contracting Organization;

(ii) Contract Number (for subcontracts, provide the prime and subcontract numbers);

(iii) Contract Type;

(iv) Total Contract Value;

(v) Description of Requirement;

(vi) North American Industry Classification System (NAICS) code

Volume 2: Price Quotation This volume shall contain the Offeror’s price quotation in read-only Microsoft Excel format, or in searchable PDF format. All figures must be rounded to the nearest hundredth.

Price quotations shall be submitted on a firm fixed price basis in accordance with the contract line item numbering structure identified in this solicitation. Quotations shall be valid for 90 days after solicitation close.

To assist the Government in evaluating firm fixed price quotations, the offeror shall provide a breakdown of the proposed firm fixed price for each of the required CLINs, which details prices for all products required by the SOW in terms of cost of material and labor, to demonstrate how the total firm-fixed price was derived.

Offerors shall also include a proposed fixed-price payment schedule based on requirement milestones/deliverables. Payment schedules shall be separated by each CLIN required by this solicitation. For the payment schedule to be acceptable, at a minimum, every payment must be tied to a deliverable or a benefit that the Government obtains as a result of contractor performance.

CONTRACT LINE ITEM STRUCTURE:

Responsible Offerors shall provide pricing for each of the CLINs detailed below:

CLIN 0001:

Contractor completion of all “base” requirements as detailed in the Performance Work Statement.

CLIN 0002:

Option Item 1 – Load Beam Assemblies (See Table 2 of Performance Work Statement)

CLIN 0003:

Option Item 2 – Bracing and Support Assemblies (See Table 2 of Performance Work Statement)

CLIN 0004:

Option Item 3 – Pantograph and Other Miscellaneous Item Assemblies (See Table 2 of Performance Work Statement)

EVALUATION CRITERIA AND BASIS FOR AWARD:

Responses received in relation to this RFQ will be evaluated on a Trade-Off basis. The award will be made on a competitive best value basis, using “trade-off” among price-cost and non-price-cost factors. The Government may elect to award to other than the lowest priced offeror, or other than the offeror with the highest rated non-price-cost proposal. In either case, a tradeoff will be conducted. The Government reserves such right of flexibility in conducting the evaluation as necessary to assure an award with the contractor providing the best value to the government. Although technical factors are of paramount consideration in the award, cost or price is also important to the overall award decision. All evaluation factors other than cost or price, when combined, are more important than cost or price. However, cost or price may become a critical factor in source selection in the event two or more offerors are determined to be essentially equal following the evaluation of all factors other than cost or price.

Each quotation will be evaluated in strict conformity with the evaluation factors, utilizing written critiques. The evaluation will be based upon the demonstrated capabilities of the prospective contractor in relation to the needs of the project as set forth in the RFQ.

MANDATORY EVALUATION CRITERIA

The following are mandatory criteria that must be met; these criteria are minimum qualifications and will be evaluated on a pass\fail basis and failure to meet these requirements will result in the quotation not being considered further for award.

1. Evidence of Welder Certification. Welders shall be certified in accordance with the American Welding Society and shall produce a copy of the certificate with their quote/proposal.

2. Evidence of certification through the AISC as a Certified Building Fabricator (BU, formerly STD). In lieu of being a Certified Building Fabricator, this requirement can be met if the Offeror has AISC’s bridge certifications (Certified Bridge Fabricator – Simple (SBR), Certified Bridge Fabricator – Intermediate (IBR), and/or Certified Bridge Fabricator – Advanced (ABR)

The following additional factors shall be used to evaluate offers, which pass the two (2) mandatory evaluation criteria specified above, listed in order of relative importance:

A) Technical Capability:

Ability of the Offeror to understand the SOW and requirements, adequately describe the proposed technical approach, identify problems and potential challenges, and demonstrate how all contract requirements will be met, including possessing adequate facilities necessary to perform the work statement and be fully capable to perform the work specified in the performance work statement.

B) Organizational Experience:

The Offerors’ Organizational Experience will be evaluated to determine the extent to which the offeror has demonstrated relevant experience performing work that is similar in nature, size and complexity to the scope of this requirement.

C) Price:

Price evaluation will determine whether the proposed prices are complete and reasonable in relation to the RFQ requirements. Price evaluation will also determine whether the proposed level of effort is reasonable in relation to the RFQ requirements. Offerors submitting a response must provide a completed Firm-Fixed-Price Quote to be evaluated and considered for award. Price will be evaluated to determine the extent to which the pricing is fair and reasonable. Basic cost and price information in the Offerors’ quote must contain sufficient information to allow the Government to perform a basic analysis of the reasonableness of the Offeror to supply the required products/services. For a price to be reasonable, it must represent a price to the government that a prudent person would pay when consideration is given to prices in the market.

(viii) The provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference (Feb 1998), applies to this acquisition. This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at these addresses:

https://www.acquisition.gov/?q=browsefar http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl

(End of provision)

The following provisions apply to this acquisition and are incorporated by reference:

· FAR 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017)

· FAR 52.204-7, System for Award Management (Oct 2018)

· FAR 52.204-16, Commercial and Government Entity Code Reporting (Jul 2016)

· FAR 52.204-17, Ownership or Control of Offeror (Jul 2016)

· FAR 52.204-20, Predecessor of Offeror (Jul 2016)

· FAR 52.204-26, Covered Telecommunications Equipment or Services-Representation (Dec 2019)

· FAR 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation (Nov 2015)

· FAR 52.212-1, Instructions to Offerors-Commercial Items (Oct 2018)

· FAR 52.212-3, Offeror Representations and Certifications-Commercial Items (Oct 2018)

· FAR 52.217-4, Evaluation of Options Exercised at Time of Contract Award (Jun 1988)

· FAR 52.217-5, Evaluation of Options (Jul 1990)

· FAR 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification (May 2014)

The clause at FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998), applies to this acquisition. 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 these addresses:

https://www.acquisition.gov/browse/index/far http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl

(End of clause)

The following clauses apply to this acquisition and are incorporated by reference:

· FAR 52.204-13, System for Award Management Maintenance (Oct 2018)

· FAR 52.204-18, Commercial and Government Entity Code Maintenance (Jul 2016)

· FAR 52-204-19, Incorporation by Reference of Representations and Certifications (Dec 2014)

· FAR 52.212-4, Contract Terms and Conditions--Commercial Items (Oct 2018)

· FAR 52.227-14, Rights in Data – General (May 2014) FAR 52.232-39, Availability of Funds for the Next Fiscal Year (Apr 1984) The items of FAR clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (AUG 2019) are applicable to this solicitation as follows:

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Jun 2020) 52.219-6, Notice of Total Small Business Set-Aside 52.219-28, Post-Award Small Business Program Rerepresentation (May 2020) 52.222-3 Convict Labor (June 2003) 52.222-19 Child Labor-Cooperation With Authorities and Remedies (Jan 2020) 52.222-21 Prohibition of Segregated Facilities (Apr 2015) 52.222-26 Equal Opportunity (Sep 2016) 52.222-36 Equal Opportunity for Workers With Disabilities (Jun 2020) 52.222-50 Combating Trafficking in Persons (Jan 2019) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) 52.225-13, Restrictions on certain foreign purchases (Jun 2008) 52.232-33 Payment by Electronic Funds Transfer-- System for Award Management (Oct 2018)

The following provisions apply to this acquisition and are incorporated as an attachment, and MUST be completed and submitted with any response to this RFQ:

· FAR 52.204-20, Predecessor of Offeror

· FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019)

· FAR 52.204-26, Covered Telecommunications Equipment or Services-Representation (Dec 2019)

· FAR 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)

(ix) The provision at FAR clause 52.212-2, Evaluation – Commercial Items, applies to this acquisition. Quotations that provide the Government with the required evidence of required certifications shall be evaluated against two (2) non-price evaluation factors and price. Non-price factors include the following in descending order of importance: 1) Technical Capability, and 2) Organizational Experience. Non-price factors when combined shall be considered more important than Price.

(x) The Offerors to include a completed copy of the provision at FAR clause 52.212-3, Offeror Representations and Certifications-Commercial Items, with its offer.

(xi) The clause at FAR 52.217-7, Option for Increased Quantity, Separately Priced Line Item, applies to this acquisition as follows.

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 the purchase order period of performance. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(xii) The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, applies to this acquisition and is incorporated by reference.

(xiii) The provision at CAR 1352.233-70 AGENCY PROTESTS (APR 2010) applies to this acquisition and incorporated in full text:

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 DIVISION

ATTN: KEITH BUBAR, CONTRACTING OFFICER

100 Bureau Drive, MS 1640 Gaithersburg, MD 20899

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

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 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 Provision)

(xiv) The provision at CAR 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010) is applicable to this solicitation and incorporated in full text.

(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 Provision)

(xv) The following provisions and clauses apply to this acquisition and are hereby incorporated by reference. All CAR clauses may be viewed at http://www.ecfr.gov

1352.201-70 – Contracting Officers Authority 1352.209-73 – Compliance with the Laws (APR 2010) 1352.209-74 – Organizational Conflict of Interest

1352.246-70 – Place of Acceptance

(a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract.

(b) The place of acceptance will be:

100 Bureau Drive, Gaithersburg, MD. 20899

NIST LOCAL 54 – BILLING INSTRUCTIONS

NIST requires that Invoice/Voucher submissions are sent electronically via email to INVOICE@NIST.GOV.

Each Invoice or Voucher submitted shall include the following:

(1) Contract number;

(2) Contractor name and address;

(3) Unique entity identifier (see www.sam.gov for the designated entity for establishing unique entity identifiers);

(4) Date of invoice;

(5) Invoice number;

(6) Amount of invoice and cumulative amount invoiced to-date;

(7) Contract Line Item Number (CLIN);

(8) Description, quantity, unit of measure, unit price, and extended price of supplies/services delivered;

(9) Prompt payment discount terms, if offered; and

(10) Any other information or documentation required by the contract.

(End of Clause)

NIST LOCAL 53 – CONTRACT PERFORMANCE DURING CHANGES IN NIST OPERATING STATUS

Unless otherwise stated in the contract terms and conditions, normal days of business operation are Monday through Friday, excluding Federal Holidays. However, throughout the contract period of performance, there may be circumstances beyond the control of the U.S. Department of Commerce, National Institute of Standards and Technology (NIST), that will impact normal days of business operation, such as inclement weather, power outages, etc. In circumstances such as these, the Contractor must call the appropriate NIST campus status line to verify the operating status:

Gaithersburg Campus Operating Status Line:

(301) 975-8000

(800) 437-4385 x8000 (toll free) Boulder Campus Operating Status Line:

(303) 497-4000

During a lapse in appropriation, access to Government facilities and resources, including equipment and systems, will be limited to excepted personnel for both Federal employees and Contractor personnel. If performance of the contract is onsite and/or requires Government interaction, unless you have been, or are notified that you are to work under an excepted status, you will automatically enter a temporary work stoppage. The work stoppage shall remain in effect until the lapse is resolved and notification is provided via the NIST website at https://www.nist.gov/ and/or the NIST operating status lines. Additionally, Contractors are encouraged to monitor public broadcasts or the Office of Personnel Management’s website at www.opm.gov for the Federal Government operating status.

NIST will provide notification to all contractors that are determined to have excepted status. All excepted contractors are required to continue performance and communicate with the appointed Contracting Officer’s Representative (COR) for further guidance, or NIST Contracting Officer if a COR is not appointed.

Contractors with supply or service contracts that are fully funded at the time of contract award and do not require access to Government facilities, resources, or active administration by Government personnel in a manner that would cause the government to incur additional obligations during the lapse in appropriation may continue performance.

(End of Clause)

(xvi) The following additional contract requirement(s) or terms and conditions as determined by the contracting officer are necessary for this acquisition and consistent with customary commercial practices. There are no additional contract requirement(s) or terms and conditions applicable to this acquisition.

(xvii) The Defense Priorities and Allocations System (DPAS) are not applicable to this requirement.

(xviii) Responses to this solicitation must include clear and convincing evidence of the offeror’s capability of fulfilling the requirement as it relates to the technical evaluation criteria.

The Dun & Bradstreet Number (DUNS), the Taxpayer Identification Number (TIN), and the certification of business size must be included in the response. All offerors must have an active registration in the System for Award Management (SAM) www.sam.gov and the offeror representation and declaration in FAR Provisions 52.204-24, 52.204-26 and 52.209-11, which is attached as a single document, MUST be completed and submitted with any quotation or response to this RFQ.

(xix) Offerors must submit all questions concerning this solicitation in writing to lauren.roller@nist.gov. Questions should be received no later than FIVE (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.

All quotations must be received no later than the date specified in this announcement. Late responses will not be accepted. All responses must reference the subject solicitation number. Responses must be submitted electronically to lauren.roller@nist.gov. Facsimile responses will not be accepted. For information regarding this solicitation, contact Ms. Lauren Roller by email at lauren.roller@nist.gov or by phone at 301-975-3062.