Combined Synopsis and Solicitation.pdf

12.603, Streamlined Solicitation for Commercial Products or Commercial Services Combined Synopsis/Solicitation

SOLICITATION NUMBER: NB193000-24-01210

TITLE: F5 Torqmax drives.

SET-ASIDE: Total Small Business

SUBMISSION DUE DATE: 1:00pm ET, 07/31/2024

GOVERNMENT CONTACT: Umar Mansaray, umar.mansaray@nist.gov

I. GENERAL

This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation;

quotations are being requested and a written solicitation will not be issued. This solicitation is being issued under the authority of FAR Part 13 Simplified Acquisition Procedures. This solicitation is a Request for Quotations (RFQ).

The associated North American Industrial Classification System (NAICS) Code for this opportunity is 333921 - Elevator and Moving Stairway Manufacturing, with a small business size standard of 1000 Employees.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2024-05 published and effective 04/22/24.

System for Award Management (SAM) Registration In accordance with FAR 52.204-7, offerors must be registered in the System for Award Management (www.sam.gov) at the time of quotation submission and shall continue to be registered until time of award, during performance, and through final payment of any resultant contract. Refusal to register shall forfeit award.

Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services (OCT 2022) (DEVIATION DEC 2022), with its offer. The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

II. BACKGROUND INFORMATION AND SCOPE

NIST has a requirement to upgrade the traction elevators in multiple buildings across the Gaithersburg campus. Most of the traction elevators on campus are equipped with F4

Torqmax KEB inverter/drives. The F4 drives are outdated and need to be upgraded to F5 KEB Inverter Drives.

III. 1352.215-72 INQUIRIES (APR 2010)

Offerors must submit all questions concerning this solicitation in writing to umar.mansaray@nist.gov, using the email subject title “NB193000-24-01210, F5 Torqmax drives.” no later than five (5) working days prior to the submission deadline.

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.

IV. SCHEDULE OF SUPPLIES/SERVICES

All CLINs shall be Firm-Fixed price.

CLIN Item Description Quantity Unit Unit Price 0001 MCE F5 Torqmax inverter/drives

Model Name: IMC-AC Part Number or Order Code: SN# 3076324

1.00 EA

0001 MCE F5 Torqmax inverter/drives

Model Name: IMC-AC Part Number or Order Code: SN#3076327

1.00 EA

0001 MCE F5 Torqmax inverter/drives

Model Name: IMC-AC Part Number or Order Code: SN#3076328

1.00 EA

0001 MCE F5 Torqmax inverter/drives

Model Name: IMC-AC Part Number or Order Code: SN#3089474

1.00 EA

0001 MCE F5 Torqmax inverter/drives

Model Name: IMC-AC Part Number or Order Code: SN#3076331

1.00 EA

V. APPLICABLE CLAUSES AND PROVISIONS:

The following provisions and clauses apply to this acquisition and are hereby incorporated by reference. All FAR clauses may be viewed at https://www.acquisition.gov/browse/index/far. All Commerce Acquisition Regulations (CAR) clauses may be viewed at https://www.acquisition.gov/content/regulations.

Provisions:

FAR 52.204-24 – Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation

FAR 52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures

FAR 52.212-1 Instructions to Offerors - Commercial Items FAR 52.212-3 Offeror Representations and Certifications-Commercial Items FAR 52.225-18 Place of Manufacture FAR 52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications

Clauses:

FAR 52.202-1 Definitions FAR 52.203-5 Covenant Against Contingent Fees FAR 52.203-7 Anti-Kickback Procedures FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements or Statements—Representation FAR 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper FAR 52.204-19 Incorporation by Reference of Representations and Certifications FAR 52.211-5 Material Requirements FAR 52.212-4 Contract Terms and Conditions—Commercial Items FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or

Executive Orders—Commercial Items (APR 2010) -- including subparagraphs:

52.203-6 Restrictions on Subcontractor Sales to the Government 52.203-17 Contractor Employee Whistleblower Rights 52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements 52.204-10 Reporting Executive Compensation and First Tier Subcontract

Awards 52.209-6 Protecting the Government’s Interest when subcontracting with

Contractor’s Debarred, Suspended or proposed for Debarment 52.209-10 Prohibition on Contracting with Inverted Domestic

Corporations 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.

52.222-36 Equal Opportunity for Workers with Disabilities 52.222-50 Combating Trafficking in Persons 52.225-13 Restriction on Certain Foreign Purchases 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While

Driving 52.232-30 Installment Payments for Commercial Items

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

FAR 52.216-25 Contract Definitization FAR 52.219-1 Small Business Program Representations FAR 52.232-1 Payments FAR 52.232-39 Unenforceability of Unauthorized Obligations FAR 52.233-4 Applicable Law for Breach of Contract Claim FAR 52.243-1 Changes-Fixed-Price FAR 52.244-6 Subcontracts for Commercial Products and Commercial Services CAR 1352.209-72 Restrictions against disclosure CAR 1352.209-73 Compliance with The Laws CAR 1352.209-74 Organizational Conflict of Interest

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 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: Richard Trent Stevens, CONTRACTING OFFICER Richard.stevens@nist.gov

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

(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

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)

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

NIST requires that Invoice/Voucher submissions are sent electronically via email to

INVOICE@NIST.GOV.

Each Invoice or Voucher submitted shall include the following:

(1) Contract number;

(2) Contractor name and address;

(3) Unique entity identifier (see www.sam.gov for the designated entity for establishing unique entity identifiers);

(4) Date of invoice;

(5) Invoice number;

(6) Amount of invoice and cumulative amount invoiced to-date;

(7) Contract Line Item Number (CLIN);

(8) Description, quantity, unit of measure, unit price, and extended price of supplies/services delivered;

(9) Prompt payment discount terms, if offered; and

(10) Any other information or documentation required by the contract.

VI. INSTRUCTIONS TO OFFERORS:

1. Offerors shall prepare their Firm-Fixed price quotes in accordance with FAR 52.212-1, Instructions to Offerors – Commercial.

2. For evaluation of technical acceptability, the offeror must submit documentation to demonstrate the offered products are the exact models specified in the Statement of Work and Applicable Attachments.

3. All quotations must be submitted via e-mail to Umar Mansaray at

Umar.Mansaray@nist.gov with the following subject title: “NB193000-24-01210, F5 Torqmax drives”.

4. All offers must be received prior to the stated due date. Late submissions will not be considered for award.

5. The Government requires that all quotes remain valid for 90 calendar days from date of submission.

VII. EVALUATION OF OFFERS AND BASIS FOR AWARD:

This is a competitive procurement using Lowest Price Technically Acceptable (LPTA) source selection procedures. Offerors will be evaluated using the following evaluation criteria:

Technical Conformance (Acceptable/Unacceptable) – The Government will review Offeror submission to determine whether the Torqmax Inverters meet the required scope and specifications as outlined in the Statement of Work.

To be considered Technically Acceptable, an Offeror must meet the requirements outlined in the Statement of Work, as determined by the Government. Offerors determined Unacceptable will not be considered for award.

The Government intends to make a single award to the Offeror who is the lowest priced, technically acceptable. A quotation will only be considered technically acceptable if it clearly demonstrates compliance with the evaluation factors and the solicitation.

By submission of an offer, the Offeror accepts all solicitation requirements, including terms and conditions, representations and certification and technical requirements related to this contract.

The Government intends to award a contract without discussions with respective Offerors. The Government, however, reserves the right to conduct discussions if deemed in its best interest.

VIII. ATTACHMENTS:

1. Statement of Work (dated 5/21/2024)

END OF SOLICITATION