CSS 1333ND22QNB730517.pdf

CLASSIFICATION CODE: B - Special Studies/Analysis, Not Research and Development

TITLE: Procurement of a Triple Quad Mass Spectrometry Instrument with an Ultra-High Performance Liquid Chromatograph

SOLICITATION NUMBER: 1333ND22QNB730517

RESPONSE DATE: 09/12/2022

CONTACT POINTS: Robert Cowins, Contract Specialist, (301) 975-8335

Hing Pan Wong, Contracting Officer, (301) 975-6289

DESCRIPTION:

The National Institute of Standards and Technology (NIST) has a requirement for support services to be utilized by the Engineering Laboratory (EL) at NIST, Gaithersburg, MD campus.

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 UNDER THE AUTHORITY OF FAR PART 13.

This solicitation is a Request for Quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2027-07 dated 08/10/2022.

1352.215-72 INQUIRIES (APR 2010)

Offerors must submit all questions concerning this solicitation in writing to robert.cowins@nist.gov.

Questions should be received no later than three calendar days after the issuance date of this solicitation. Any responses to 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, only 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 334516 - Analytical Laboratory Instrument Manufacturing with a small business size standard of 1000 employees.

This is acquisition being solicited as a 100% small business set-aside.

All offerors shall provide a quotation for the following line items:

CLIN 0001:

Description: The contractor shall provide a triple quad mass spectrometer in accordance with the incorporated Statement of Work.

QTY: 1

mailto:robert.cowins@nist.gov

Unit of Issue: LO Delivery Date: No later than 60 days after receipt of order

CLIN 0002:

Description: The contractor shall provide an ultra-high performance liquid chromatograph in accordance with the incorporated Statement of Work.

QTY: 1

Unit of Issue: LO Delivery Date: No later than 60 days after receipt of order

CLIN 0003:

Description: The contractor shall provide a Nitrogen/Air generator w/installation included in accordance with the incorporated Statement of Work.

QTY: 1

Unit of Issue: LO Delivery Date: No later than 60 days after receipt of order

CLIN 0004:

Description: The contractor shall provide a one training course in accordance with the incorporated Statement of Work.

QTY: 1

Unit of Issue: LO Delivery Date: No later than 60 days after installation

CLIN 0005:

Description: The contractor shall provide a one-year service agreement in accordance with the incorporated Statement of Work.

QTY: 1

Unit of Issue: LO Period of Performance: One year after acceptance of equipment

STATEMENT OF WORK

Acquisition of Triple Quad Mass Spectrometry Instrument with an Ultra-High Performance Liquid Chromatograph

I. Background:

The National Institute of Standards and Technology’s Fire Research Division requires a triple quad mass spectrometry (MS/MS) instrument with an ultra-high performance liquid chromatograph (UHPLC) for our current research on analyzing per- and poly-fluorinated alkyl substances (PFAS) in consumer goods and combustion products. The Fire Research Division is working to meet the growing need for the detection of Per- and Polyfluoroalkyl Substances (PFAS) compounds at the parts per trillion level. PFAS are unique chemicals whose physicochemical properties make them important for use in a variety of industrial and consumer products including carpets, cookware, food packaging, fire suppressants, and others. Human exposure to PFAS residues, particularly in water, has been implicated in the incidence of cancer, obesity, endocrine system disruption, and other adverse health effects. Two specific PFAS compounds which need to be evaluated are perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate

(PFOS).

II. Scope of Work:

NIST requires a triple quad mass spectrometer (MS/MS) with an ultra-high performance liquid chromatograph (UHPLC) used for measuring per and poly-fluorinated alkyl substances (PFAS). The instrument must be able to reproducibly generate high-resolution and high-quality MS and MS/MS with fragmentation with multiple reaction monitoring (MRM) in order to accurately identify unknown analytes in complex matrices. This instrument must also give reproducible quantitative results compared to other MS/MS instruments.

The required equipment is specifically designed for high resolution mass spectrometric measurements.

The required equipment consists of benchtop instruments with integrated instrument control and data analysis software. The inclusion of an UHPLC is required and the mass spectrometer instrument and software must be capable of utilizing, with full software seamless integration and automation, existing NIST-owned LC equipment, specifically the Agilent 1260 Infinity Liquid Chromatography instrument.

Though all performance specifications must be met or exceeded, of particular interest are the requirements for PFOA and PFOS.

III. Minimum Technical Requirements:

The Contractor shall provide a triple quad mass spectrometer (MS/MS) with an ultra-high performance liquid chromatograph (HPLC) meeting the following minimum requirements:

LCMS Triple Quad Mass Spectrometer

1.1 The LCMS shall be a triple quad mass spectrometer capable of qualitative and quantitative analysis

1.2 Mass range shall be 5 – 1250 Dalton (Da)

1.3 Scan speed shall be up to 12,000 Da/s

1.4 Dynamic range (orders) shall be 5

1.5 Sensitivity (signal to noise, S/N) shall be Positive: 1 picogram (pg) reserpine on column S/N >

90,000:1; Negative: 1 pg chloramphenicol on column, S/N > 90,000:1

1.6 Mass stability (Da) shall be 0.1 over 24 hours (h)

1.7 MRM Dwell time shall be 1 millisecond (ms)

1.8 # MRMs per method shall be 4000 MRMs in sMRM mode, 1250 in non-scheduled

1.9 Polarity switching shall be 50 ms between positive and negative scans (with same mass resolution and mass accuracy performance as above)

1.10 Scan functions shall be full MS, full scan MS and selected ions for both Q1 and Q3, Product Ion

Scan, Precursor Ion Scan, Neutral Loss or Gain Scan, MRM, sMRM, Enhanced Product Ion scan, Enhanced Resolution Scan, MS^3 and MRM^3 scans.

1.11 Calibration Range nanograms per liter (ng/L) for PFOA/PFOS in water shall be 1-200

1.12 Linear Correlation for PFOA/PFOS in water >0.999

1.13 S/N of 1 ng/L of PFOA/PFOS in water >50

1.14 Accuracy of 1 ng/L of PFOA/PFOS in water >95%

1.15 The LCMS shall include a dry pump option

1.16 LCMS grade solvent kit (PFAS acceptable solvents) for LCMS installation

1.17 The LCMS shall include an uninterruptible power supply (UPS) for LCMS triple quad

1.18 An LCMS installation kit shall be included

Ultra-High Performance Liquid Chromatograph (UHPLC)

1.19 An UHPLC pump shall be included with fiber optic cables

1.20 100 – 115 V power cords shall be included

1.21 A 5-channel degasser shall be included

1.22 Kits shall be included (i.e. tools required to set-up the instrument), including piping, wiring, tools, installation, and HPLC monitoring kits.

1.23 A system controller, 5-port network switch, and LAN cable shall be included.

1.24 HPLC shall include a reservoir tray, column oven, and multi rinse option.

1.25 HPLC shall include a MiRC mixer with recognition device, reservoir switching valve, active rinse pump, and a 6-position 7-port UHPLC valve

1.26 The company shall provide a nitrogen and air generator with installation, startup, and commissioning included.

The instrument software shall be compatible with Windows 7 or 10 operating systems. The instrument software shall be able to control and seamlessly integrate all of the MS and LC functionality with a single software program/package to ensure efficient workflow and transition between systems.

IV. Contract Line Item Number (CLIN) Structure:

The contractor shall provide the required items in accordance with the Specifications listed in the previous section and with the CLIN structure below:

CLIN Description Qty 0001 LCMS High Performance Triple Quad Mass Spec 1

0002 UHPLC 1

0003 Nitrogen/Air generator w/installation included 1 0004 LC/MS/MS and UHPLC training course 1 0005 One year Service Agreement 1

V. Shipping and Delivery

Delivery shall be FOB Destination within 60 days of award.

FOB Destination means the contractor shall pack and mark the shipment in conformance with carrier requirements, deliver the shipment in good order and condition to the point of delivery specified in the purchase order, be responsible for any loss of and/or damage to the goods occurring before receipt and acceptance of the shipment by the consignee at the delivery point specified in the purchase order; and pay all charges to the specified point of delivery.

The contractor shall deliver all items to:

National Institute of Standards and Technology Building 301 Shipping & Receiving 100 Bureau Drive Gaithersburg, MD 20899

VI. Installation:

The system shall be installed by the NIST TPOC. Vendor shall provide an instrument manual for installation and operation. For the nitrogen/air generator, the vendor shall provide onsite installation, startup, and commissioning.

VII. Inspection and Acceptance:

In addition to the inspection and acceptance terms articulated in 52.212-4, the Government reserves the right to perform such performance tests and evaluations as defined below to verify specified system performance. Such tests and evaluations, if performed, shall be conducted within the environment that the system is to be operated.

The triple quad mass spectrometer and UHPLC will both be installed on a test bench with all required components in-place. The TPOC will operate and evaluate the analyzers for a period of 2 weeks to verify that all requirements in Section III are satisfied.

The Government will test, inspect, and accept the equipment onsite within 14 business days of completion of the on-site set-up and training by the vendor/supplier. A visual inspection of the products will be performed by the NIST TPOC to identify surface defects or any form of indication that the storage device was damaged during transport to NIST. The Government shall have sole discretion to require repair or replacement of damaged and/or nonconforming supplies at no cost to the Government.

VIII. Warranty

The contractor shall warrant the delivered items for a period of a minimum of 1 year after receipt of the equipment and shall be in accordance with terms in FAR 52.212-4.

IX. Payment Schedule:

The Contractor shall be paid, in accordance with Net 30-day payment terms, upon receipt and acceptance of a proper invoice, in accordance with the following schedule:

1. 100% after installation and acceptance by the TPOC of fully installed system.

2. The Government anticipates inspection will occur upon:

a.) After the testing procedures set forth in this document have been completed

NOTE: Partial shipments and partial invoices will not be accepted, unless other- wise requested and accepted by the Contracting Officer prior to award.

Proposed payment schedules shall be submitted with the offeror’s response to the solicitation for consideration.

X. Training

Vendor shall provide an instrument training manual for installation and operation. The vendor shall also provide training courses for the LC/MS/MS triple quad and UHPLC for up to 10 users at NIST. The training shall provide a basic demonstration of all equipment functions, maintenance, data administration, data acquisition, and troubleshooting. The training may be completed at NIST immediately after installation/set-up and on-site measurements demonstrating that no damage or misalignment issues arose during transportation and installation (as described below), but shall be completed no later than 30 days after delivery.

XI. Service Agreement

The Contractor shall provide regular business hour telephone and email support as well as replacement of any defective equipment or software. The Contractor must respond to NIST personnel requesting service by phone not later than twenty-four (24) hours after receiving a request for service or technical support.

For all maintenance visits, if necessary, the Contractor shall provide a written service report detailing the time of arrival at NIST, all services that were performed, documentation showing that the equipment is operating at the manufacturer’s specifications, and time of departure from NIST.

The vendor shall also provide a detailed service agreement plan covering a minimum of 1 year.

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://farsite.hill.af.mil/.

FAR Provisions

52.204-7, System for Award Management 52.204-16, Commercial and Government Entity Code Reporting 52.204-17, Ownership or Control of Offeror (JUL 2016)

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations – Representation

52.225-25, Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation

52.212-1 Instructions to Offerors - Commercial Items

52.212-3 Offeror Representations and Certifications-Commercial Items

52.204-20 Predecessor of Offeror

(a) Definitions. As used in this provision– “Commercial and Government Entity (CAGE) code” means–

(1) An identifier assigned to entities located in the United States and its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or government entity, or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by NATO’s Support Agency (NSPA) to entities located outside the United States and its outlying areas that DLA Contractor and Government Entity (CAGE) Branch records and maintains in the CAGE master file.

This type of code is known as an NCAGE code.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it □ is or □ is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ________ (or mark “Unknown”) Predecessor legal name: _________________________ (Do not use a “doing business as” name)

(End of provision)

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that—

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

52.212-2 Evaluation - Commercial Items

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

An award will be made to the offeror whose quotation offers the best value to the Government price and other factors considered. The Government will evaluate quotations based on the following evaluation criteria: 1) Technical Capability and 2) Price. Non-price factor shall be equally important to price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer`s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.225-4 Buy American-Free Trade Agreements-Israeli Trade Act Certificate.

BUY AMERICAN-FREE TRADE AGREEMENTS-ISRAELI TRADE ACT CERTIFICATE (FEB 2021)

(a)

(1) The Offeror certifies that each end product, except those listed in paragraph (b) or (c) of this provision, is a domestic end product.

(2) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

(b) The Offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements- Israeli Trade Act":

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

(c) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (b) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free

Trade Agreements-Israeli Trade Act." The Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

Other Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

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

(End of provision)

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 offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror 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):

Federal Acquisition Regulation (FAR): www.acquisition.gov/far/ Commerce Acquisition Regulation (CAR): www.acquisition.gov/car/ (End of provision)

FAR Clauses

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):

Federal Acquisition Regulation (FAR): www.acquisition.gov/far/ https://www.acquisition.gov/far/part-25#FAR_Part_25 https://www.acquisition.gov/far/part-25#FAR_Part_25 http://www.acquisition.gov/far/ http://www.acquisition.gov/car/

Commerce Acquisition Regulation (CAR): http://www.ecfr.gov/cgi-bin/text-idx?SID=8b5f22b07c12a52e8b29841ad60f1fd9&mc=true&tpl=/ecfrbrowse/Title48/48chapter13.tpl

52.204-13 System for Award Management Maintenance 52.204-18, Commercial and Government Entity Code Maintenance 52.204-19, Incorporation by Reference of Representations and Certifications 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

(a) Definitions. As used in this clause—

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. 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. The Contractor is prohibited from providing to the Government 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in Federal Acquisition Regulation 4.2104.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause https://www.acquisition.gov/content/part-4-administrative-and-information-matters#id1989GI040ZO https://dibnet.dod.mil/ https://dibnet.dod.mil/

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known);

supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description;

and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

52.212-4 Contract Terms and Conditions—Commercial Items 52.227-17 Rights in Data-Special Works 52.232-39 Unenforceability of Unauthorized Obligations 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Deviation Apr 2020) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders— Commercial Items (JUL 2020)-- including subparagraphs:

52.203-6 - Restrictions on Subcontractor Sales to the Government 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 52.219-4 - Notice of Price Evaluation Preference for HUBZone Small Business Concerns 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 52.225-3 - Buy American-Free Trade Agreements-Israeli Trade Act

52.225-13 - Restriction on Certain Foreign Purchases;

52.232-33 - Payment by Electronic Funds Transfer- System for Award Management

Commerce Acquisition Regulations (CAR) Provisions and Clauses:

CAR Provisions CAR 1352.233-70 Agency Protests

(a) 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 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: HING PAN WONG, CONTRACTING OFFICER

100 Bureau Drive, MS 1640 Gaithersburg, MD 20899

(c) 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

(d) 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.

(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

CAR 1352.233-71 GAO and Court of Federal Claims Protests

(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

CAR Clauses

1352.201-70 Contracting Officer’s Authority 1352.201-72 Contracting Officer's Representative (COR) 1352.209-73 Compliance with The Laws 1352.209-74 Organizational Conflict of Interest

NIST Local Clauses

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

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.

INSTRUCTIONS:

System for Award Management (SAM)

In accordance with FAR 52.204-7, offerors are required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. Offerors without active SAM registration will not be considered.

Required Information

The government will not consider any quotation without the information required by this solicitation.

Due Date for Quotations

Offerors shall submit their quotations so that NIST receives them not later than 12:00 p.m. Eastern Time, 09/12/2022. FAX and hard-copy quotations shall not be accepted. E-mail quotations shall be accepted at robert.cowins@nist.gov. Offerors’ quotations shall not be deemed received by the Government until the quotation is entered the e-mail address inbox set forth above. Late quotes will not be accepted.

Addendum to FAR 52.212-1, Proposal Preparation Instructions

1) Price Proposal: The pricing quotation shall be separate from any other portion of the quotation. The offeror shall propose a firm-fixed-price for each CLIN. Price quotations shall remain valid for a period of 90 days from the date quotations are due.

2) Technical Proposal: The technical proposal shall address the following:

mailto:robert.cowins@nist.gov

Technical Capability: The offeror shall submit a technical description or product literature for the equipment it is proposing, which clearly identifies the manufacturer, make and model. The offeror must demonstrate that its proposed equipment meets each minimum requirement described in the specifications by providing a citation to the relevant section of its technical description or product literature. Evidence that the Offeror is authorized by the original equipment manufacturer to provide the item(s) should be included in the quotation if the offeror is not the manufacturer.

Acceptance of Terms and Conditions: This is an open-market solicitation for equipment as defined herein. The Government intends to award a Purchase Order as a result of this solicitation that will include the clauses set forth herein. The proposal 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 proposal 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 proposal.

QUOTATION EVALUATION:

The Government reserves the right to make an award without discussions based solely upon initial quotations. Therefore, offerors should ensure that their initial quotation constitutes their best offer in terms of both price and the technical solution being proposed.

Basis of Award

Evaluation Factors

An award will be made to the offeror whose quotation offers the best value to the Government price and other factors considered. The Government will evaluate quotations based on the following evaluation criteria: 1) Technical Capability and 2) Price. Non-price factor shall be equally important to price.

Technical Capability: No prototypes, demonstration models, used or refurbished instruments will be considered. Evaluation of technical capability shall be based on the information provided in the quotation. NIST will evaluate whether the offeror has demonstrated that its proposed equipment meets or exceeds all minimum requirements. Quotations that do not demonstrate the proposed equipment meets all requirements will not be considered further for award. If an offeror does not indicate whether its proposed equipment meets a certain minimum requirement, NIST will determine that it does not.

Price: Price shall be evaluated for reasonableness.

Price shall not be evaluated on quotations that are determined technically unacceptable under the Technical Capability Evaluation factor.