Combined Synopsis-Solicitation -Full Open.pdf

(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; QUOTATIONS

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 NB687080-22-01740 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: Cryogenic Dilution Refrigerator.

(iii) This RFQ, incorporated provisions, and clauses are those in effect through Federal Acquisition Circular

(FAC) 2022-08.

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

(v) Attached is the Specifications describing the requirements for solicitation NB687080-22-01740 for the items outlined for this RFQ (including any applicable option(s)).

(vi) A Description of the requirements for the items to be acquired are in the attached Statement of Work.

(vii) Date(s) and place(s) of delivery and acceptance and FOB point are required in accordance with the attached Statement of Work and attached Drawing(s) as applicable.

(viii) The provision at FAR 52.212-1, Instructions to Offerors—Commercial Products and Commercial Services (NOV 2021), applies to this acquisition. See Addenda Titled Instructions, Evaluation Criteria and Basis of Award.

(ix) The provision at FAR 52.212-2, Evaluation -- Commercial Products and Commercial Services (NOV 2021), applies to this acquisition. See Addenda Titled Instructions, Evaluation Criteria and Basis of Award.

(x) Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Products and Commercial Services (MAY 2022), 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 Products and Commercial Services (NOV 2021), applies to this acquisition.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P298_49781 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1612_228754 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1626_230606 http://www.sam.gov/portal http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P2009_286863

(xii) The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Products and Commercial Services (MAY 2022), applies to this acquisition and the following additional FAR clauses cited are applicable to the acquisition:

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 Contractor’s Debarred, Suspended, or Proposed for Debarment 52.219-8, Utilization of Small Business Concerns 52.219-28, Post Award Small Business Program Representation (US ONLY) 52.222-3, Convict Labor (US ONLY) 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 (US ONLY) 52.222-37, Employment Reports on Veterans 52.222-50, Combating Trafficking in Persons, w/Alt I 52.222-54, Employment Eligibility Verification 52.223-18, Contractor Policy to Ban Text Messaging While Driving 52.225-5, Trade Agreements (as applicable) 52.225-13, Restrictions on Certain Foreign Purchases 52.232-33, Payment by Electronic Funds Transfer

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

Additional Contract Requirements:

1. All communications and documents must include the solicitation # NB687080-22-01740 and Subject Title: Cryogenic Dilution Refrigerator.

2. Buy American Act (FAR 25) and price preference for domestic items over $10K applies.

3. All quotations shall include the following information:

a. Information enough to demonstrate you can meet or exceed the requirements in the Specifications in accordance with this RFQ.

b. Firm fixed price quote. Including all Option Lines as applicable.

c. If item(s) are manufactured outside the United States, provide the country of origin / manufacture in the quote, and percentage that is manufactured within the US.

d. Payment Terms: Net 30.

e. The required delivery is no later than 13 months ARO which includes one month for

Government Inspection and Acceptance. Please indicate the soonest you can deliver.

f. FOB Destination including delivery cost for delivery to:

DOC - NIST

325 Broadway Boulder, CO 80305

g. Delivery point of contact will be provided upon award. (NIST reserves the right to ship using the NIST Account).

h. Unique Entity Identification (UEI) Number. In order to be eligible for this award, the offeror must have and maintain an active registration at the System for Award Management at www.sam.gov and have completed Representations and Certifications therein for the http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P2209_327644 http://www.sam.gov/ specified NAICS code or separately certify they meet the small business size requirements of the specified NAICS in this solicitation.

Additional Terms and Conditions:

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

FAR 52.204-24 – Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services . The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

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 http://acquisition.gov/comp/far/index.html

CAR 1352.233-70, Agency Protests CAR 1352.233-71, GAO and Court of Federal Claims Protests http://acquisition.gov/comp/far/index.html

Clauses – FAR 52.204-13, System for Award Management Maintenance 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, Basic Safeguarding of Covered Contractor Information Systems FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

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 http://acquisition.gov/comp/far/index.html

CAR 1352.201-70, Contracting Officer’s Authority CAR 1352.209-73, Compliance with the Laws CAR 1352.209-74, Organizational Conflict of Interest

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

325 Broadway

Boulder, CO 80305

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) http://acquisition.gov/comp/far/index.html

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

All contractors performing work on active contracts at the U.S. Department of Commerce (DOC), National Institute of Standards and Technology (NIST) campuses and/or working in NIST workspaces should go to the www.nist.gov website and under the “About NIST” tab, click on “Visit”. This site includes information about campus access and security information, identification requirements, parking information, and more.

Contractor personnel are quired to check the appropriate campus operating status and personnel requirements at https://www.nist.gov/campus-status daily prior to arriving on site. All personnel must adhere to the requirements set forth in the operating status.

http://www.nist.gov/ https://www.nist.gov/campus-status

Unless otherwise stated in the contract terms and conditions, normal days of business operations are Monday through Friday, excluding Federal Holidays. However, throughout the contract period of performance, there may be circumstances beyond the control of NIST that will impact normal days of business operations 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

(303) 497-3000 option 2

In the event of a lapse in appropriates, 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 the contractor has been, or is notified that it is required to work under an excepted status, the contractor must stop work. The work stoppage shall remain in effect until the lapse is resolved and notification is provided via the NIST website at www.nist.gov (banner on front page) and/or the NIST operating status line(s). Additionally, contractors are encouraged to monitor public broadcasts or the Officer 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 is a COR is not appointed.

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

Please note that in all circumstances that impact operations on the NIST campuses, contractors are expected to follow all direction and guidance provided by NIST authorities.

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);

http://www.nist.gov/ http://www.opm.gov/ mailto:INVOICE@NIST.GOV http://www.sam.gov/

(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) Defense Priorities and Allocations System (DPAS) is NOT applicable.

(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.

mailto:patricia.rose@nist.gov