Combined Synopsis Solicitation.docx

(i) THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS PREPARED IN ACCORDANCE WITH THE FORMAT IN 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. THIS SOLICITATION IS BEING ISSUED USING SIMPLIFIED ACQUISITION PROCEDURES UNDER THE AUTHORITY OF FAR 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERICAL ITEMS. THE CONTRACTING OFFICER WILL NOT USE NOR SHALL THIS SOLICITATION BE SUBJECT TO THE FORMAL SOURCE SELECTION PROCEDURES DESCRIBED IN FAR PART 15.

(ii) Solicitation number NB686050-20-02311 is a Request for Quotation (RFQ) conducted under the authority of FAR 13.5, Simplified Acquisition Procedures for certain commercial items. All communications and documents must include the proposed solicitation number and title: Dry Dilution Refrigerator.

(iii) This RFQ, incorporated provisions, and clauses are those in effect through Federal Acquisition Circular (FAC) 2020-08.

(iv) The associated NAICS 334516 code, has a small business size standard of 1,000 employees. This requirement is being competed full and open.

(v) Attached is the Specifications describing the requirements for solicitation NB686050-20-02311 for the items outlined for this RFQ.

(vi) A Description of the requirements for the items to be acquired are in the attached Statement of Work and attached Drawing(s) as applicable.

(vii) Date(s) and place(s) of delivery and acceptance and FOB point are required in accordance with the attached RFQ.

(viii) The provision at FAR 52.212-1, Instructions to Offerors—Commercial Items (JAN 2017), applies to this acquisition. Addenda to this provision is as follows:

Addendum to FAR 52.212-1, Quotation Preparation Instructions

1. The Government intends to evaluate quotations and issue a purchase order based on the initial quotations received. Therefore, the Contractor’s initial quotation should contain the quoter’s best terms from a price and technical standpoint. The Government reserves the right to request revised quotations from, or negotiate final purchase order terms with, one or more, but not all, quoters if later determined by the Contracting Officer to be necessary. However, the Contracting Officer will not establish a competitive range, conduct discussions, or otherwise use the procedures described at FAR 15.306. The Government may reject any or all quotations if such action is in the public interest and will issue a purchase order to the Contractor with a technically acceptable quotation with the lowest price.

2. Submit quotations electronically to the office specified in this solicitation at or before the exact time specified in this solicitation. The Price portion of the quotation should be submitted on letterhead stationery separate from the technical quotation. The following information shall be limited to six (6) single sided pages, and quotations must include, at a minimum, the following:

a) The solicitation number: NB686050-20-02311 and Title: Dry Dilution Refrigerator

b) The name, address, DUNS and telephone number of the quoter. Provide “Remit to” address, if different than mailing address;

c) Terms of any express warranty;

d) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3( b ) for those representations and certifications that the quoter shall complete electronically);

e) Acknowledgment of Solicitation Amendments;

f) The quotation shall include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Quotations that fail to furnish required representations or information or reject the terms and conditions of the solicitation may be excluded from consideration.

g) Acknowledgement of Payment Terms: Net 30;

h) FOB Destination applies to all US venders. See NIST Local 09 Customs clause for other than FOB Destination.

i) The quotation shall address the following Factors for Evaluation:

BASIS OF AWARD:

The award will be made to the LOWEST PRICE TECHNICALLY ACCEPTABLE QUOTER. NIST intends to award a firm-fixed-price (FFP) purchase order.

The Government intends to evaluate quotations and issue a purchase order based on the initial quotations received. Therefore, the Contractor's initial quotation should contain the best terms from a price and technical standpoint. The Government reserves the right to request revised quotations from or negotiate final purchase order terms if later determined by the Contracting Officer to be necessary.

Technical: The quoter shall submit a technical description or product literature for the equipment it is quoting, which clearly identifies the manufacturer and part number, and each technical specification. The quoter must demonstrate that its equipment meets each technical specification described in the Statement of Work by providing a citation to the relevant section of its technical description or product literature.

Price: The offeror shall submit a firm fixed price quote for each Contract Line Item (CLIN) and a total price for the sum of all line items. Any discounts should be provided in the initial quotation. Price quotations shall remain valid for a period of 90 days from the date quotations are due.

(ix) The provision at FAR 52.212-2, Evaluation -- Commercial Items (OCT 2014), applies to this acquisition. The Government will award a firm fixed price contract resulting from this solicitation to the responsible offeror with the Lowest Price Technically Acceptable (LPTA) quote, based upon the technical specifications as detailed within the attached SOW.

Addendum to FAR 52.212-2, Evaluation – Commercial Items Technical: Evaluation of this factor is a subjective evaluation of the contractor's quotation to meet the minimum specification requirements. This factor will be evaluated on an Acceptable / Unacceptable basis. Quotations that do not demonstrate the equipment meets all minimum requirements will not be considered further for award and will result in an “Unacceptable” rating for this factor.

Price: The quoted price will be evaluated for reasonableness.

In addition, the contractor price quotation shall also identify any requested payment schedule terms. All payment schedule terms shall be directly tied to contract deliverables and/or major contract milestones.

PAYMENT TERMS:

IAW 32.202-2 -- Types of Payments for Commercial Item Purchases. These definitions incorporate the requirements of the statutory commercial financing authority and the implementation of the Prompt Payment Act. Commercial advance payment, as used in this subsection means a payment made before any performance of work under the contract. The aggregate of these payments shall not exceed 15 percent of the contract price. These payments are contract financing payments for prompt payment purposes (i.e., not subject to the interest penalty provisions of the Prompt Payment Act in accordance with Subpart 32.9).

These payments are not subject to Subpart 32.4, Advance Payments for Non-Commercial Items.

This item can ship to the NIST campus warehouse for storage. However, due toCOVID-19, our Boulder campus is closed with limited access to the NIST campus. Therefore, the customer will not be able to complete inspection and acceptance once the campus has reopened and returned to regular operation due to COVID-19 compliance. The remaining balance cannot be invoiced or approved until the customer has completed inspection and acceptance.

(x) Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items, with its offer. The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(xi) The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition.

(xii) The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition and the additional FAR clauses cited herein are applicable as follows:

52.203-6, Restrictions on Subcontractor Sales to the Government, w/ALT I 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.

52.222-19, Child Labor-Cooperation with Authorities and Remedies s 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 52.225-13, Restrictions on Certain Foreign Purchases 52.232-33, Payment by Electronic Funds Transfer-System for Award Management

(xiii) The following additional contract requirement(s) and additional terms and conditions are necessary for this acquisition and consistent with customary commercial practices:

Note: An evaluation of the contractor performance in the Contractor Performance Assessment Reporting System (CPARS) is reportable for this award (to include modification actions) that exceed the simplified acquisition threshold.

FAR 52.252-1, Solicitation Provisions Incorporated by Reference:

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 quoter is cautioned that the listed provisions may include blocks that must be completed by the quoter and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the quoter 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 this/these address(es): at http://acquisition.gov/comp/far/index.html

FAR 52.204-7, System for Award Management FAR 52.204-16, Commercial and Government Entity Code Reporting FAR 52.225-18, Place of Manufacture FAR 52.232-15, Progress Payment Not Included

CAR 1352.213-70, Evaluation Using Simplified Acquisition Procedures CAR 1352.233-70, Agency Protests CAR 1352.233-71, GAO and Court of Federal Claims Protests

FAR 52.252-2, Clauses Incorporated by Reference:

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 this/these address(es): at http://acquisition.gov/comp/far/index.html

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 Clauses

CAR 1352.201-70, Contracting Officer’s Authority 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 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)

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. (End of clause)

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:

DOC-NIST

325 Broadway Boulder, CO 80305-3328 NIST LOCAL-39, Marking/Packing Instructions

(1) If the total contract/order includes multiple quantities of the same or 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.

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.

NIST LOCAL-54, Electronic Billing Instructions Instructions: use in all awards that require electronic submission of invoices.

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.

(xiv) The Defense Priorities and Allocations System (DPAS) and assigned ratings are NOT applicable to this acquisition.

(xv) The solicitation will close on the date and time specified herein this beta.SAM.gov posting. All quotations shall be delivered electronically by the specified close date and time to Patricia Rose, Contracting Officer, at patricia.rose@nist.gov.

(xvi) For information regarding this solicitation, contact the Contracting Officer at patricia.rose@nist.gov or via phone at 303-497-3106.