Charpy SRM LL_HH 4 Lots RFQ Combined Synopsis Solicitation.pdf

Charpy SRM LL_HH 4 Lots RFQ Page 1 of 9

THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

PREPARED IN ACCORDANCE WITH THE FORMAT IN SUBPART 12.6 STREAMLINED

PROCEDURES FOR EVALUATION AND SOLICITATION FOR COMMERCIAL ITEMS,

AS SUPPLEMENTED WITH ADDITIONAL INFORMATION IN THIS NOTICE. THIS

ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTES ARE BEING

REQUESTED AND A WRITTEN SOLICITATION WILL NOT BE ISSUED.

This solicitation is a Request for Quote (RFQ). RFQ number is NB647020-22-00060. This is a combined synopsis solicitation conducted under FAR 12.6 and 13 and procedures from FAR 15 will not be used. This synopsis/solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2021-07 (effective 09/10/2021).

The associated North American Industrial Classification System (NAICS) code for this procurement is 332999- All Other Fabricated Metal Product Manufacturing, with a small business size standard of 750 Employees. This acquisition is being procured as a Total Small Business Set-Aside.

Defense Priorities and Allocations Systems (DPAS) and assigned rating is not applicable to this

RFQ.

Offerors must submit all questions concerning this solicitation in writing, via email, to the Contracting Officer, Angela Hitt at angela.hitt@nist.gov.Questions should be received no later than three (3) calendar days after the issuance date of this solicitation. All responses to the 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, the question responses included in the amendment to the solicitation will govern performance of the contract.

Background/Scope:

The National Institute of Standards and Technology (NIST) Standard Reference Materials (SRM) Program provides SRM 2092, SRM 2093, and SRM 2113 (Low-Energy Charpy Specimens), SRM 2096, SRM 2097, and SRM 2112 (High-Energy Charpy Specimens), and SRM 2098 (Super-High-Energy Charpy Specimens) to industry to indirectly verify Charpy impact testing machines in accordance with ASTM E23 and ISO 148-2. NIST Charpy SRMs are required in various industrial standards and specifications to verify the performance of industrial impact machines to assure a common measurement base for purposes of trade and commerce.

All measurements made by the United States and international industry under the American Society for Testing and Materials (ASTM) E23 test standard are traceable to NIST through these SRMs. These Charpy Specimens are the highest demand SRMs distributed by NIST.

To produce Charpy specimens, steel blanks are heat treated in a batch. The entire heat-treated batch, which is typically around 1900 specimens, is designated as the production lot. In addition, a pilot lot of 100 specimens drawn at random from this mailto:angela.hitt@nist.gov

Charpy SRM LL_HH 4 Lots RFQ Page 2 of 9 production lot is selected for acceptance testing, as discussed herein. See the attached Statement of Work for further details.

All offerors shall provide a firm fixed price (FFP) quotation for the following line item:

Contract Line Item Number (CLIN)

QTY UNIT UNIT

PRICE

TOTAL

CLIN 0001 –Low-Energy Charpy SRM

LL-185

in accordance with the attached Statement of Work.

1900 EA

CLIN 0002 –Low-Energy Charpy SRM

LL-186

in accordance with the attached Statement of Work.

1900 EA

CLIN 0003 –Low-Energy Charpy SRM

LL-187

in accordance with the attached Statement of Work.

1900 EA

CLIN 0004 –High-Energy Charpy SRM

HH-189

in accordance with the attached Statement of Work.

1900 EA

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Minimum Requirements:

The specimens shall meet or exceed the minimum requirements identified in the attached Statement of Work and RFQ.

Special Qualifications:

Due to the exacting specifications of the Charpy Specimens and NIST’s need to supplement specimens in short supply, three qualifications are required:

• Contractor shall be pre-qualified by NIST through a Machining Qualification Program.

• Contractor shall be on the Qualified Manufacturer’s List (QML), maintained by the NIST Charpy coordinator.

• Contractor shall have delivered at least one successful Charpy production lot to NIST.

*Proof of prequalification is required, and all offerors shall provide a QML Certification Letter with their quotation*

Deliverables:

Four (4) SRM Charpy specimen lots (1900 specimens/lot):

3 Low-Energy Lots (LL-185,186 & 187)

1 High-Energy Lot (HH-189)

Delivery Schedule:

The delivery schedule is dynamic and will be adjust based on the success or failure of the pilot and production lots. Due to an urgent requirement for Charpy SRMs, the delivery schedule reflects 15 days for the pilot lot and 30 days for the production lot.

The Contractor can begin work on assigned lots at any time, and lots can be worked on in parallel. Early delivery is acceptable.

Scheduled Due Dates:

Scheduled Items Due Dates

Initial pilot lot Due 15 days from receipt of the award or Government Furnished Material (GFM), whichever comes last

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Pilot lot inspection by Charpy Coordinator Not to exceed 7 calendar days from receipt of lot

Resubmission of failed pilot lot Not to exceed 15 calendar days from pilot lot rejection notice

Production lot delivery Not to exceed 30 calendar days from pilot lot acceptance notice

Production lot inspection by Charpy Coordinator Not to exceed 7 calendar days from receipt of lot

Resubmission of failed production lot

Not to exceed 15 calendar days from pilot lot rejection notice

Subsequent pilot lot (next lot in order)

Not to exceed 15 calendar days from production lot acceptance

PROVISIONS AND CLAUSES:

Per FAR 52.252-1 Solicitation Provisions Incorporated by Reference and FAR 52.252-2 Clauses Incorporated by Reference, the following provisions and clauses apply to this acquisition. Those incorporated by reference may be found at the following:

All Federal Acquisition Regulation (FAR) clauses may be viewed at:

https://www.acquisition.gov/browse/index/far .

All Commerce Acquisition Regulation (CAR) clauses and provisions can be accessed at:

https://www.acquisition.gov/car .

FAR 52.212-1 Instructions to Offerors-Commercial Items. See attached Instructions, Evaluation Criteria, and Basis of Award.

FAR 52.212-2 Evaluation—Commercial Items. See attached Instructions, Evaluation Criteria, and Basis of Award.

FAR 52.212-3 Offeror Representations and Certifications -- Commercial Items The Offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www/sam/gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/car https://www/sam/gov

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The clause at FAR 52.212-4, Contract Terms and Conditions—Commercial items, applies to this acquisition.

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations 52.233-3 Protest After Award (31 U.S.C. 3553).

52.233-4 Applicable Law for Breach of Contract Claim (Public Laws 108- 77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.

52.219-6 Notice of Total Small Business Set-Aside 52.219-28 Post Award Small Business Program 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 Veterans 52.222-36 Equal Opportunity for Workers with Disabilities 52.222-37 Employment Reports on Veterans 52.222-50 Combating Trafficking in Persons 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving 52.225-5 Trade Agreements 52.225-13 Restrictions on Certain Foreign Purchases 52.232-33 Payment by Electronic Funds Transfer—System for Award Management

Provisions FAR 52.204-16 Commercial and Entity Code Reporting FAR 52.204-20 Predecessor of Offeror FAR 52.209-7 Information Regarding Responsibility Matters FAR 52.225-6 Trade Agreement Certificate

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FAR 52.225-18 Place of Manufacture FAR 52.232-15 Progress Payment Not Included FAR 52.243-1 Changes-Fixed Price

CAR 1352.233-70, Agency Protests CAR 1352.233-71 GAO and Court of Federal Claims Protests

In accordance with FAR 52.204-7 System for Award Management, the awardee must be registered in the system for award management (www.sam.gov) prior to award. Refusal to register shall forfeit award. *

CLAUSES:

FAR 52.204-13 System for Award Management FAR 52.204-18 Commercial and Government Entity Code Maintenance FAR 52.204-19 Incorporation by Reference of Representations and Certifications FAR 52.204-21 Safeguarding FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors See Deviation Clause (only as applicable)

CAR 1352.201-70 Contracting Officers Authority CAR 1352.201-72 Contracting Officers Representative CAR 1352.209-73 Compliance with the Laws CAR 1352.209-74 Organizational Conflict of Interest

FAR 52.247- 34, FOB Destination The term "f.o.b. destination," as used in this clause, means-- (1) Free of expense to the Government, on board the carrier`s conveyance, at a specified delivery point where the consignee`s facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and (2) Supplies shall be delivered to the destination consignee`s wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity.

If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including "piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for "heavy or bulky freight." When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

(b) The Contractor shall-- (1) (i) Pack and mark the shipment to comply with contract specifications; or (ii) In the absence of specifications, prepare the shipment in conformance with http://www.sam.gov/

Charpy SRM LL_HH 4 Lots RFQ Page 7 of 9 carrier requirements; (2) Prepare and distribute commercial bills of lading; (3) Deliver the shipment in good order and condition to the point of delivery specified in the contract; (4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract; (5) Furnish a delivery schedule and designate the mode of delivering carrier; and (6) Pay and bear all charges to the specified point of delivery. (End of Clause)

FAR 52.247-48 FOB Destination-Evidence of Shipment

(a) If this contract is awarded on a free on board (f.o.b.) destination basis, the Contractor-

(1) SHALL NOT SUBMIT AN INVOICE FOR PAYMENT UNTIL THE SUPPLIES

COVERED BY THE INVOICE HAVE BEEN SHIPPED TO THE DESTINATION;

and (2) Shall retain, and make available to the Government for review as necessary, the following evidence of shipment documentation for a period of 3 years after final payment under the contract:

(i) If transportation is accomplished by common carrier, a signed copy of the commercial bill of lading for the supplies covered by the Contractor’s invoice, indicating the carrier’s intent to ship the supplies to the destination specified in the contract.

(ii) If transportation is accomplished by parcel post, a copy of the certificate of mailing.

(iii) If transportation is accomplished by other than common carrier or parcel post, a copy of the delivery document showing receipt at the destination specified in the contract.

(b) The Contractor is not required to submit evidence of shipment documentation with its invoice.

CAR 1352.223-99 Ensuring Adequate Covid-19 Safety Protocols For Federal Contractors

(a) Definition. As used in this clause -

United States or its outlying areas means—

(1) The fifty States;

(2) The District of Columbia;

(3) The commonwealths of Puerto Rico and the Northern Mariana Islands;

(4) The territories of American Samoa, Guam, and the United States Virgin Islands; and

(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.

(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985).

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(c) Compliance. The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task Force (Task Force Guidance) at https:/www.saferfederalworkforce.gov/contractors/.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the micro purchase threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award, and are for services, including construction, performed in whole or in part within the United States or its outlying areas.

CAR 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:

NIST: Shipping/Receiving 325 Broadway Boulder, CO 80305

NIST LOCAL-39 Marking/Packing Instructions

(1) if the total contract/order includes multiple quantities of the same of like item(s), segregated as separate CLIN/Item Numbers, deliverables shall be packed accordingly. Each individual package/container in the shipment shall include deliverables on a per-CLIN or Item basis.

(2) For each shipment made under this contract/order, the Contractor shall furnish itemized packing list(s), enumerating the specific contents of each shipping container and what specific individual components constitute a full and complete "unit" for each bid item. The packing list shall include the brief description of each item found in the Schedule. If more than one container is required for each unit, each container should be marked accordingly, e.g., "Box 1 of 2," "Box 2 of 2," and the boxes, where feasible, should be taped or shrink-wrapped together as an issuable unit.

(3) The contract number AND CONTRACT LINE ITEM NUMBER (CLIN) OR ORDER ITEM NUMBER shall be placed on the exterior of all containers.

(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)

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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.

NIST LOCAL-54 Electronic 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.

mailto:INVOICE@NIST.GOV