B2 FBO RFQ.docx

CLASSIFICATION CODE: 66

TITLE: Transmission Electron Microscope Liquid Flow Cell

RESPONSE DATE: August 23, 2021

CONTACT POINTS: Prateema Carvajal, Contract Specialist, (301)975-4390 Monica Brown, Contracting Officer, (301) 975-0642

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. THE SOLICITATION IS BEING ISSUED USING SIMPLIFIED ACQUISITION UNDER FAR PART 13.

Background: The Material Measurement Laboratory (MML) of the National Institute of Standards and Technology (NIST), owns and maintains an extensive suite of synchrotron x-ray scattering tools for the characterization of materials with spatial, chemical, and orientational resolution. One such tool is the Resonant Soft X-Ray Scattering Instrument (RSoXS), which can simultaneously analyze the structure and chemistry of materials at scales from atomic to micrometer. However, an inherent limitation of these instruments is that the chamber where the specimen is located, must be kept under ultrahigh vacuum conditions to achieve the required spatial resolution.

The associated North American Industrial Classification System (NAICS) code for this procurement is 334516, Analytical Laboratory Instruments with a small business size standard of 1,000 Employees. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2021-06.

This solicitation is being competed as a 100% small business set aside.

SCHEDULE OF REQUIRED ITEMS:

The contractor shall provide the following item(s) in accordance with the attached Specifications.

Line item 0001- liquid cell transmission holder compatible with the SST-1 RSoXS station in accordance with the attached Specifications.

Line Item 0001A (optional) Leak Checking Station in accordance with the Specifications.

Delivery terms shall be FOB Destination.

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 http://acquisition.gov/comp/far/index.html. All Commerce Acquisition Regulations (CAR) clauses may be viewed at http://farsite.hill.af.mil/VFCARA.HTM

Provisions:

52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment 52.204-25-Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

52.204-26- Covered Telecommunications Equipment or Services-Representation.

52.212-1, Instructions to Offerors-Commercial Items 52.212-2, Evaluation of Commercial Items 52.212-3, Offeror Representations and Certifications-Commercial Items 52.217-4, Evaluation of Options exercised at time of contract award

FAR Clauses:

52.204-10 Reporting Executive compensation and first-Tier Subcontract Awards

Debarred

52.222-50 52.223-18 52.225-3

Combating Trafficking in Persons Encouraging Contractor Policies to Ban Text Messaging While Driving Buy American-Free Trade Agreements-Israeli Trade Act.

Commerce Acquisition Regulations (CAR) Clauses:

1352.201-70, Contracting Officer's Authority 1352.209-73, Compliance With the Laws 1352.209-74, Organizational Conflict of Interest 1352.215-72, Inquiries

Offerors must submit all questions concerning this solicitation in writing to the Contracting Officer. Questions should be received no later than 8:00 AM EST, July 10, 2019. 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) 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).

Agency protests filed with the Contracting Officer shall be sent to the following address: NIST/ACQUISITION MANAGEMENT DIVISION

ATT: MONICA JOHNSON, CONTRACTING OFFICER

100 Bureau Drive, MS 1640 Gaithersburg, MD 20899

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

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.

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, NW. Washington, DC 20230

FAX: (202) 482-5858.

(End of clause)

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 Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, NW. Washington, DC 20230

FAX: (202) 482-5858.

(End of clause) NIST Local Clause_54 Electronic Billing

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

Each Invoice or Voucher submitted shall include the following:

Contract number;

Contractor name and address;

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

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; and Any other information or documentation required by the contract.

(End of clause)

Addendum to Far 52.212-1, Quotation Preparation Instructions:

Price Quotation- The Offeror shall propose a firm-fixed-price for the CLINs identified in the Schedule of Required Items.

Technical Quotation- Offerors shall provide sufficient documentation to demonstrate that all requirements of the Schedule of Required Items have been complied with. All offerors shall provide documentation to certify that they are authorized resellers or distributors of the product(s) they are proposing or are the Manufacturer. Award will not be made to any offeror without the requested documentation.

All offerors shall submit the information/documentation required by the provisions in this solicitation.

Quotation Evaluation:

The Government intends to award a purchase order resulting from this solicitation to the lowest price, technically acceptable Offeror. To be technically acceptable, the quotation must clearly demonstrate compliance with the requirements. The Government will evaluate quotations based on the following evaluation criteria: (1) Technical Capability and (2) Price.

Technical Capability

An offeror’s failure to quote all of the products/services listed above 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. If an evaluation of Non-Acceptable is received, the Offeror will not be considered for Award.

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. documentation, specifications, etc.) that clearly demonstrates an ability to meet the Government’s technical specifications will be considered non-acceptable. If an evaluation of Non-Acceptable is received, the Offeror will not be considered for Award. All offerors must be authorized to sell and service the products they are proposing to the Government, by the original manufacturer(OEM) certified engineers or technicians.

Price Price will be evaluated for reasonableness. Your company is encouraged to discount its rates. If price discounts are offered, identify the percentage of price discount and/or price reduction offered.

Acceptance of terms and conditions (addendum to FAR 52.212-1(b)(11):

This is a 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 shall 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 shall accept the quoted price. However, the terms and conditions stated herein shall 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.

The Government does not intend to enter into discussion and may award a purchase order on the basis of initial offers received, without discussions. Therefore, each initial quotation shall contain the offeror’s best terms. Nonetheless, the Government reserves the right to conduct discussions if it is in the best interest of the Government.

Due Date and Response Information Offerors capable of furnishing the specified repair in this combined synopsis/solicitation should submit their quote in writing to: Prateema Carvajal electronically at prateema.carvajal@nist.gov. FAX quotations shall not be accepted. Offerors shall submit their quotations so that NIST receives them not later than August 23, 2021 8:00 am, EST.