CSS 1333ND24QNB730294_FINAL.pdf

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

TITLE: Procurement of Storm Surge Sensor Development and Testing

SOLICITATION NUMBER: 1333ND24QNB730294

RESPONSE DATE: 09/04/2024

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 the procurement of 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) 2024-05 dated 04/26/2024.

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 541715 (Research and Development in the Physical, Engineering, and Life Sciences – Except Nanotechnology and Biotechnology), as those domestic sources having no more than 1,000 employees or less.

This is acquisition being solicited unrestricted.

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

CLIN 0001:

Description: The contractor must provide a Storm Surge Sensor Development and Testing in accordance with the attached Statement of Work.

QTY: 1

Unit of Issue: LO Period of Performance: 24 months from the date of award

CLIN 0002:

Description: Travel for Phase I Sensor Testing in accordance with the attached Statement of Work.

QTY: 1

mailto:robert.cowins@nist.gov

Unit of Issue: LO Period of Performance: 24 months from the date of award

CLIN 0003:

Description: Travel for Phase II Sensor Testing in accordance with the attached Statement of Work.

QTY: 1

Unit of Issue: LO Period of Performance: 24 months from the date of award

FAR Provisions

52.204-7, System for Award Management 52.204-16, Commercial and Government Entity Code Reporting FAR 52.204-17, Ownership or Control of Offeror (JUL 2016) 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment 52.204-26, Covered Telecommunications Equipment or Services-Representation 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations – Representation 52.217-8, Option to Extend Services.

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 must be used to evaluate offers:

The quotation received will be evaluated for its technical merits, conformance with requirements identified in the solicitation, and for price reasonableness. A quotation will only be considered technically acceptable if it clearly demonstrates compliance with the requirements as detailed in the incorporated Specifications.

(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 must 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, must 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.

52.252-1 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): http://www.ecfr.gov/cgi-bin/text-idx?SID=8b5f22b07c12a52e8b29841ad60f1fd9&mc=true&tpl=/ecfrbrowse/Title48/48chapter13.tpl

(End of provision)

FAR Clauses

FAR 52.252-2 Clauses Incorporated by Reference.

http://www.acquisition.gov/far/ http://www.ecfr.gov/cgi-bin/text-idx?SID=8b5f22b07c12a52e8b29841ad60f1fd9&mc=true&tpl=/ecfrbrowse/Title48/48chapter13.tpl http://www.ecfr.gov/cgi-bin/text-idx?SID=8b5f22b07c12a52e8b29841ad60f1fd9&mc=true&tpl=/ecfrbrowse/Title48/48chapter13.tpl

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/ 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 52.212-4 Contract Terms and Conditions—Commercial Items 52.232-39 Unenforceability of Unauthorized Obligations 52.232-40 Providing Accelerated Payments to Small Business Subcontractors 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (APR 2010)-- including subparagraphs:

52.204-10 - Reporting Executive Compensation and First-Tier Subcontract Awards 52.209-6 - Protecting the Government’s Interests when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment 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 52,222-36 – Equal Opportunity for Works 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 52.225-5 - Trade Agreements 52.225-13 - Restriction on Certain Foreign Purchases 52.232-33 - Payment by Electronic Funds Transfer- System for Award Management

(End of clause)

Department of Commerce Acquisition Regulation (CAR) clauses. Please view the full text of these clauses at http://www.ecfr.gov/cgi-bin/text-idx?SID=8b5f22b07c12a52e8b29841ad60f1fd9&mc=true&tpl=/ecfrbrowse/Title48/48chapter13.tpl.

Commerce Acquisition Regulations (CAR) Provisions and Clauses:

1352.237-71 Security processing requirements - low risk contracts

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 must be sent to the following address:

NIST/ACQUISITION MANAGEMENT DIVISION

ATTN: HING PAN WONG, CONTRACTING OFFICER

100 Bureau Drive, MS 1640 Gaithersburg, MD 20899 http://www.ecfr.gov/cgi-bin/text-idx?SID=8b5f22b07c12a52e8b29841ad60f1fd9&mc=true&tpl=/ecfrbrowse/Title48/48chapter13.tpl http://www.ecfr.gov/cgi-bin/text-idx?SID=8b5f22b07c12a52e8b29841ad60f1fd9&mc=true&tpl=/ecfrbrowse/Title48/48chapter13.tpl

(c) Agency protests filed with the agency Protest Decision Authority must 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, must 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 must 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, must 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 must 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 1352.209-73 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 must 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 must 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 Clause 56 Invoicing Processing Platform- Alternate I (DEC 2022)

Upon written notice from the contracting officer the following supersedes all other instructions for the submission of payment requests. Accordingly, following written notice payment requests must be submitted electronically through the U.S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable payment request or invoicing instructions, Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice: **

The Contractor must use the IPP website to register, access, and use IPP for submitting payment requests. If not already enrolled, the Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email within three to five business days of the addition of the contract award to IPP. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email:

IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting payment requests, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation. Contact the contracting officer for more information on submitting a waiver request.

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 must 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 must submit their quotations so that NIST receives them not later than 12:00 p.m. Eastern Time, 09/04/2024. FAX and hard-copy quotations must not be accepted. E-mail quotations must be accepted at robert.cowins@nist.gov. Offerors’ quotations must 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 must be separate from any other portion of the quotation. The offeror must propose a firm-fixed-price for each task detail in the SOW. Price quotations must remain valid for a period of 90 days from the date quotations are due.

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

Technical Capability: The technical quotation shall also address the offeror’s detailed technical approach for satisfying the Statement of Work (SOW) requirements. The technical approach shall address how the vendor will (a) perform and manage individual tasks required by the SOW; and (b) ensure that Contractor services and deliverables comply with the requirements of the SOW.

Resumes for each person proposed as key personnel, to include name, education, experience, and country of citizenship are required. If a candidate is not a US citizen, then the proper documentation, as required by CAR clause 1352.237-73, must be provided with the Quotation. In addition, the quotation shall indicate the labor categories for each candidate proposed.

3) Past Performance: The offeror must provide past performance information regarding relevant contracts over the past three (3) years with Federal, state, or local governments, or commercial customers. If the offeror intends to subcontract with another firm(s) for part of this requirement, that firm’s past performance information must also be provided. If the offeror has no relevant past performance, it may include a statement to that effect in its quotation. The mailto:robert.cowins@nist.gov government reserves the right to consider data obtained from sources other than those described by the offeror in its quotation. It is recommended that approximately 3-5 contracts be referenced.

The description of each contract/order described in this section must not exceed one half page in length. For each contract/order, the offeror must provide the following information:

1. Contract number;

2. Description and relevance to solicitation requirements including dollar value;

3. Period of Performance – indicate by month and year the state and completion (or “ongoing”) dates for the contract;

4. Reference Contact – If a non-Government contract, identify the name and address of the client with current telephone number and email address of a point of contact of the client responsible for the contract;

5. Contracting Office – If a Government contract (Federal or state), identify the Procuring Contracting Officer (PCO), Administrative Contracting Officer (ACO), and Contracting Officer’s Representative (COR), and their names, current telephone numbers and email addresses.

6. Problems Encountered – include information regarding information regarding any problems encountered on the contracts described above and corrective actions taken to resolve those problems.

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 must 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 must 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

The Government intends to award a purchase order resulting from this solicitation to the responsible offeror whose quotation, conforming to the solicitation, represents best value to the Agency. Best value shall be determined using the trade-off evaluation method.

Quotations shall be evaluated against the following non-price evaluation factors and price. Non-price evaluation factors include the following in descending order of importance: 1) Technical Capability 2) Technical Key Personnel

3) Past Performance, and 4) Price. Non-price factors when combined are more important than price for this requirement. The Government anticipates making an award without discussions. It is requested that the contractor submit its best quotation and the contractor is encouraged to provide discounts from its current pricing list.

Technical Capability: The government will also evaluate the extent to which the offeror has demonstrated the technical capability to successfully perform these services, and demonstrated a feasible technical approach to successfully perform and manage the required tasks while ensuring that all deliverable schedule requirements are met.

Technical Key Personnel:

The Government will evaluate the key personnel proposed by the offeror for the extent to which they are qualified to efficiently and effectively address the requirements in the Statement of Work. The Government will consider the extent to which the proposed key personnel meets or exceeds the minimum qualifications identified in the Statement of Work, as well as the qualifications “preference” identified in the Statement of Work. Greater consideration will be given to key personnel that exceed the specific minimum qualification requirements and/or meet the key personnel preference identified in the Statement of Work.

Past Performance: The Government will evaluate the Offeror's past performance information and, if appropriate, its proposed subcontractors' past performance to determine its relevance to the current requirement and the extent to which it demonstrates that the offeror has successfully completed relevant contracts in the past five years. In assessing the offeror's past performance information, NIST will evaluate the quality, timeliness, and ability to control cost and schedule of the past work. The Government will evaluate past performance information by contacting appropriate references, including NIST references, if applicable. The Government may also consider other available information in evaluating the Offeror’s past performance. The Government will assign a neutral rating if the offeror has no relevant past performance information.

Past Performance and Price must not be evaluated on quotations that are determined technically unacceptable under the Technical Capability Evaluation factor.

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