Combo Synopsis Solicitation 23 July.docx

Ultra-Pure Water Service Contract for Building 215- 1333ND20RNB190022

CLASSIFICATION CODE: 811219 -Other Electronic and Precision Equipment Repair and Maintenance

SOLICITATION NUMBER: 1333ND20RNB190022

RESPONSE DATE: August 21, 2020 at 2:00 PM EST

CONTACT POINTS: Kathy Thomerson, Contract Specialist, (301) 975-2742 Abdul-Kudus Yahaya, Contracting Officer, (301) 975-8497

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 PROCEDURES FOR CERTAIN COMMERCIAL ITEMS UNDER THE AUTHORITY OF FAR PART 13.

This solicitation is a Request for Proposal (RFP). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2020-07, dated 07/02/2020.

1352.215-72 INQUIRIES (APR 2010)

Offerors must submit all questions concerning this solicitation in writing to both the Contract Specialist (kathy.thomerson@nist.gov) and the Contracting Officer (Abdul-kudus.yahaya@nist.gov).

Questions should be received no later than July 29, 2020 at 10:00 am Eastern Time. 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, on the question responses included in the amendment to the solicitation will govern performance of the contract. (end of provision)

The associated North American Industrial Classification System (NAICS) code for this procurement is 811219 - Other Electronic and Precision Equipment Repair and Maintenance, with a small business size standard of $22M.

This acquisition is 100% Small Business Set-Aside

LIST OF ATTACHMENTS:

The following documents and forms are hereby provided as attachments. The purpose of these attachments is for reference and to provide specification requirements to the Contractor for quotation purposes only.

Attachment #1 - Statement of Work Attachment #2 - Evaluation Criteria Attachment #3 – Guidelines for OFPM Contractors and A/E Firms Attachment #4 – Covid-19 Requirements Attachment #5 – NIST Visitor and Contractor Protocols for Mitigating COVID-19 Exposure on NIST Campuses Attachment #6 – Wage Determination

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

Base Period 01 October 2020 – 30 September 2021

Hourly Rate:

Option Period 1 - 01 October 2021 – 30 September 2022

Hourly Rate:

Option Period 2 - 01 October 2022 – 30 September 2023

Hourly Rate:

TOTAL

FAR 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

INSTRUCTIONS:

System for Award Management (SAM) Registration

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

SITE VISIT – A site visit will be held at 09:00 on 04 August 2020 at Bldg. 215, NIST, 100 Bureau Drive, Gaithersburg, MD 20899. Please submit the following information not later than 29 July 2020. THIS MAY OR MAY NOT TAKE PLACE.

Offerors may send the list of their representatives to kathy.thomerson@nist.gov and abdul-kudus.yahaya@nist.gov with the following information:

Name:

US Citizen: Yes or No Company Name:

All visitors 16 years of age and older are required to present an accepted form of photo I.D. and, if bringing a vehicle onto the NIST campus, their vehicle registration card. Not all state-issued driver's licenses can be accepted by NIST as indicated below. Under the REAL ID Act of 2005, federal agencies, including NIST, can only accept REAL ID-compliant state driver’s licenses (https://www.dhs.gov/real-id).

NOTE: NIST takes a minimum of four (4) working days to review Non-US Citizen visit registration who is not a green card holder.

Contractors should be aware that currently visitors from 14 states (bottom of the form) are not granted access. This would include local individuals whom visited those states. Persons have to be away from those states for 14 days before being granted access to NIST. Those states are as follows:

See below for COVID-19 advisory.

https://www.nist.gov/document/screening-checklist-staff-and-visitors-v7pdf

DUE DATE FOR QUOTATIONS

Offerors shall submit their electronic quotations, via email, so that NIST receives them not later than 2:00pm Eastern Time on August 21, 2020. E-mail quotations shall be submitted directly to the Contract Specialist at kathy.thomerson@nist.gov and the Contracting Officer at abdul-kudus.yahaya@nist.gov.

Please reference the RFP number in the subject line of email communications. Offerors quotations shall not be deemed received by the Government until the quotation is entered in the e-mail inbox set forth above.

Addendum to FAR 52.212-1, Quotation Preparation Instructions:

Technical Quotation (Vol. I), Price Quotation (Vol. II) and Terms and Conditions (Vol. III)

Incomplete quotations may be considered non-responsive and removed from further consideration. Quotations shall be clearly and concisely written as well as being neat, indexed (cross-indexed as appropriate) and logically assembled. All pages of each part shall be appropriately numbered with the solicitation number.

Volume I - Technical Quotation:

The offeror shall submit an electronic technical quotation, via email. The technical quotation shall address the requirements in Attachment 2- Evaluation Criteria

Volume II - Price Quotation:

The offeror shall submit an electronic copy of the completed price quotation. The price quotation shall be separate from any other portion of the quotation. The offeror shall propose a separate firm-fixed-price for CLIN 0001, 1001, and 2001, FOB Destination, for those CLINs. Pricing is not required for the schedule of supplies/services for CLIN 0002, CLIN 1002 and CLIN 2002. Offerors are required provide their hourly rate and to fill in $0.00 for both Unit Price and Amount for these CLINs. The Government will determine and provide drawdown amount for those emergency CLINs. The determined drawdown amount for these CLINs will be added to the quoted prices and come out with the offeror’s total amount or award amount. The Government will evaluate the hourly rate. Price quotations shall remain valid for a period of 90 days from the date quotations are due. Contractor shall state express warranty coverage (if applicable).

Volume III – Terms and Conditions

Provisions

Offerors shall provide a completed copy of all provisions listed below:

1. FAR 52.225-2 - Buy American Certificate (May 2014)

2. FAR 52.225-18 - Place of Manufacture (Mar 2015)

Acceptance of Terms and Conditions: This is an open-market solicitation for services as defined herein. The Government intends to award a Contract as a result of this solicitation that will include the clauses set forth herein. The quotation should include one of the following statements:

“The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition.”

OR

“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)

Note: 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 will accept the quoted price. However, the terms and conditions stated herein will 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.

(End of provision)

CAR 1352.213-70, Evaluation Utilizing Simplified Acquisition Procedures (ARP 2010)

Evaluation Factors:

The Government will issue a contract resulting from this Request for Proposals to the responsible offeror whose quotation results in the best value to the Government, considering both price and non-price factors. The following factors will be used to evaluate proposals:

(1) Factor A – Specialized Experience, Factor B – Technical Approach, Factor C – Key Personnel, Factor D – Past Performance and Factor E – Price (SEE ATTACHMENT 2).

(2) Price: Price shall be evaluated for reasonableness

(End of provision)

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 CAR clauses may be viewed at http://farsite.hill.af.mil/VFCARA.HTM

PROVISIONS

Any of the following clauses that are not current and complete in the responders SAM.gov profile should be filled out and returned with the response:

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 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Dec 2019) FAR 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation (NOV2015) FAR 52.212-1 Instructions to Offerors -- Commercial Items (OCT2018) FAR 52.212-3 Offeror Representations and Certifications -- Commercial Items (OCT2016)

FAR 52.219-1 –

FAR 52.222-25 -

FAR 52.225-25, Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran (OCT 2015)

Additionally, the following clauses are required to be completed and returned with the solicitation response:

FAR 52.225-2 Buy American Certificate (May 2014)

(a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”

(b) Foreign End Products:

[List as necessary]

(c) The Government will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation.

(End of Provision)

FAR 52.225-18, Place of Manufacture (MAR 2015)

Offerors shall complete annual representations and certifications on-line at http://orca.bpn.gov in accordance with FAR 52.212-3 Offerors Representations and Certifications- Commercial Items. If paragraph (j) of the provision is applicable, a written submission is required.

(End of Provision)

FULL TEXT CAR PROVISIONS:

CAR 1352.233-70 Agency Protests (APR 2010)

(a) 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).

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

ATTN: ABDUL-KUDUS YAHAYA, CONTRACTING OFFICER

100 Bureau Drive, MS 1640 Gaithersburg, MD 20899

(c) 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

(d) 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.

(e) 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 clause)

CAR 1352.233-71 GAO and Court of Federal Claims Protests (APR 2010)

(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 clause)

CLAUSES

FAR 52.201-1, Definitions (JUL 2004) FAR 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) FAR 52.204-4, Printed or Copied Double-Sided on Recycled Paper (AUG 2000) FAR 52.204-13, System for Award Management Maintenance (OCT 2016) FAR 52.204-18, Commercial and Government Entity Code Maintenance (JUL 2016) FAR 52.204-19, Incorporation by Reference of Representations and Certifications; FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019) FAR 52.212-4, Contract Terms and Conditions—Commercial Items (JAN 2017) FAR 52.212-5 - Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (March 2020) FAR 52.222-26, Equal Opportunity MAR 2007)

(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:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (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)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115- 91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805note)).

(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 (Oct 2018) 52.219-28, Post Award Small Business Program representation (Jul 2013) (15 U.S.C. 632(a)(2)). 52.222-3, Convict Labor (June 2003) (E.O. 11755).

52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126). 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.

13627).

52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

Alternate I of 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83).

52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

(End of clause)

FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 DAYS provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 DAYS before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 3 YEARS.

(End of Clause)

FAR 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013) FAR 52.232-40, Providing Accelerated Payment to Small Business Subcontractors (DEC 2013) FAR 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) FAR 52.247-35 F.O.B. Destination, Within Consignee’s Premises (APR 1984) FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

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 address:

CAR PROVISIONS & CLAUSES FULL TEXT CAN BE ACCESSED AT:

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

CAR 1352.201-70, Contracting Officer's Authority (APR 2010) 1352.201-72 Contracting Officer’s Representative (COR) (April 2010) CAR 1352.209-72 Restrictions Against Disclosure (ARP 2010) CAR 1352.209-73, Compliance with the Laws (APR 2010) CAR 1352.209-74 Organizational Conflict of Interest (APR 2010) CAR 1352.246-70 Place of Acceptance (APR 2010)

(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. 20899-0001. (End of clause)

NIST LOCAL CLAUSES

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.

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)