B2_Attachment_A_-_Solicitation_Addenda_Instructions_Evaluation_Criteria_and_Basis_for_Award.docx

ATTACHMENT A – SOLICITATION ADDENDA, INSTRUCTIONS, EVALUATION

CRITERIA & BASIS FOR AWARD

1.0 INSTRUCTIONS TO VENDORS:

Addendum to FAR 52.212-1 Instructions to Offerors- Commercial Items

1) North American Industrial Classification System (NAICS) code and small business size standard. The associated NAICS code for this RFQ is 541330 – Engineering Services, small business size standard is $15M.

2) Price Quotation: The offeror shall submit one copy of their quotation.

3) Submission of quotations: . Submit quotations to the office specified in this solicitation at or before the exact time specified in this solicitation.

4) Period for acceptance of quotation. The offeror agrees to hold the prices in its quotation firm for 90 calendar days from the date specified for receipt of quotations.

5) System for Award Management. In accordance with FAR 52.204-7, the awardee must be registered in the System for Award Management (www.sam.gov) prior to award. By submission of a quotation, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered offeror. offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed throughhttps://www.acquisition.gov. Refusal to register shall forfeit award.

6) Contract Award. The Government intends to evaluate quotations and issue a purchase order based on the initial quotations received. Therefore, the offeror’s initial quotation should contain the offeror’s best terms from a price and technical standpoint. The Government reserves the right to request revised quotations from, or negotiate final purchase order terms with, one or more, but not all, offerors if later determined by the Contracting Officer to be necessary. However, the Contracting Officer will not establish a competitive range, conduct discussions, or otherwise use the procedures described at FAR 15.306. The Government may reject any or all quotations if such action is in the public interest; and issue a purchase order to other than the offerors with the lowest priced quotation.

7) Acceptance of Terms and Conditions: This is an open-market solicitation for services 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 quotation shall 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)”

If the offeror fails to include written exceptions the government will consider it as acceptance.

Note: This procurement is not being conducted under the GSA Federal Supply Schedule (FSS) program or another Government-Wide Acquisition 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.

2. CONTINUATION OF INSTRUCTIONS TO OFFERORS

2.1 1352.215-72 INQUIRIES (APR 2010)

Questions relating to this RFQ shall be submitted via e-mail only to susan.mckean@nist.gov not later than 1:00 P.M. (MT) on May 18, 2018. 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. The Government does not intend to respond to questions or inquiries submitted after the cutoff date identified above. The vendor shall reference the RFQ number NB647010-18-01903 and the project title Metal Based Systems Data Capture Services.

2.2. Submission of Quotations

Quotations shall be submitted electronically via email to susan.mckean@nist.gov .

Quotations shall conform to the instructions contained in the clause at FAR 52.212-1, this addenda, the continuation of instructions and the evaluation factor submittal.

Significant deviation may result in the possible exclusion of such quotations from further consideration or may be reflected in the overall evaluation of the quotation.

Quotations are due no later than 4:00 PM Mountain Time, May 23, 2018. Facsimile quotations will NOT be accepted. The Contracting Officer reserves the right to modify any quotation due dates as required. No quotation information shall be incorporated by reference. Only the information contained within the submitted quotation itself. will be evaluated by the Government.

In addition to any information required by provisions of this RFQ, quotations shall directly respond to the submittal requirements for each evaluation factor and should provide more than superficial coverage of the information required by the evaluation factors identified herein.

The Government shall not be liable for any costs incurred by any contractor submitting a quotation in response to this solicitation.

Quotations shall consist of one attachment per part. Each part shall contain the following:

Part I – Technical and Non-Price Factors:

· Factor 1 – Technical Approach (Technical Factor)

· Factor 2 – Experience (Technical Factor)

· Factor 3 - Key Personnel Qualifications

· Factor 4 –Past Performance (Non-Price Factor)

Part II – Price Quotation

3.0 QUOTATION EVALUATION CRITERIA

3.1 Method of Award

The award of a purchase order resulting from this solicitation will be made to the Offeror whose proposal offers the best value, through the trade-off process, to the Government from a technical, risk, and cost/price perspective. In determining what offer provides the best value, non-cost/price factors are considered equal in importance to cost/price. Award will be made to the Contractor: (1) whose proposal is technically acceptable meeting the requirements as outlined in the Performance Work Statement (PWS); and (2) whose technical and cost/price relationship is considered to be the most advantageous to the Government; and (3) who is considered to be responsible within the meaning of FAR 9.104. Price will be a factor in the award decision, although the award may not necessarily be made to that offeror submitting the lowest cost/price. Likewise, award will not necessarily be made for non-cost capabilities that would appear to exceed those needed for the successful performance of the required services.

When non-cost/price factors become equal among proposals, cost/price will be the determining factor.

The government reserves such right of flexibility in conducting the evaluation as necessary to assure an award with the contractor providing the best value to the government.

3.2 Non-Cost/Price Evaluation Criteria

The non-cost/price evaluation criteria are listed below.

Non-cost/price factors 1 through 4, when combined, are more important than the evaluated cost/price. Factors 1 and 2 are equal in importance and are the most important factors, and are slightly more important than Factors 3 and 4.

Factors 3 and 4 are equal in importance.

Factor 1. Technical Submittal requirement Contractor shall submit a brief narrative demonstrating an understanding of the requirements, the complexities involved in fundamental and applied measurement science and technology for thermophysical and thermochemical properties, provide step-by-step plan of technical approach, and identify any potential risks and how they can be mitigated.

Basis of Evaluation:

Contractor experience will be subjectively evaluated to determine your firm’s capability to successfully perform the requirement of the Performance Work Statement (PWS).

Factor 2. Experience Submittal requirement:

Contractor shall submit a brief narrative describing your firm’s experience using Attachment B, Relevant Experience Project Data Sheet performing similar data services.

Basis of Evaluation:

Contractor experience will be subjectively evaluated to determine the extent to which the general background, experience, and qualifications demonstrate its ability in performing similar services in order to successfully perform the requirements in the Performance Work Statement (PWS).

Factor 3. Key Personnel Qualifications Submittal requirement:

The contractor shall submit resumes showing they meet the minimum requirements, education and experience described in the PWS.

Basis of Evaluation:

The Government will subjectively evaluate the extent to which the resumes submitted for the Offeror’s proposed key personnel demonstrate they have satisfied the minimum requirements described in the SOW and have appropriate education, qualifications, and experience necessary to successfully perform the contract requirements.

Factor 4. Past Performance Information Submittal requirement:

Offeror shall submit Attachment C, NIST AMD Team-E/Boulder Past Performance Questionnaire (Form PPQ), detailing performance for the offeror, and if appropriate, any proposed sub-contractors. The performance should identify its relevance to the PWS and the extent to which it demonstrates that the Offeror has successfully completed relevant contracts in the past three (3) years.

Basis of Evaluation:

The Offeror’s (and sub-contractor if appropriate) past performance information will be subjectively evaluated as to quality, timeliness, ability to control cost, and schedule of past work to determine the quality of service, and the extent to which the Offeror has performed work of a similar type, magnitude, and complexity.

The Government will assign a neutral rating to Offerors with no relevant past performance.

Factor 5. Price Cost/price will be evaluated but not scored, separately from past performance and other non-cost/price factors, and will be evaluated for fairness and reasonableness. Cost/Price evaluation will include any options.

The total evaluated cost/price will be evaluated for reasonableness in terms of:

· Contractors shall include price by base and option year(s) and a summary. The contractor shall identify labor skill categories/job within the pricing sheets. Please provide supporting information and documentation such as calculations, price lists, product literature, or any other applicable supporting documentation.

Price discounts are requested.

Award may be made by the Contracting Officer without communications.

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 Provisions 52.204-7 – System for Award Management 52.204-16 – Commercial & Government Entity Code Reporting 52.204-17 – Ownership or Control of Offeror 52.204-18 – Commercial & Government Entity Code Maintenance 52.209-11 - Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law 52.212-1 – Instructions to Offerors-Commercial Items 52.212-3 – Offerors Representations and Certifications-Commercial Items 52.214-35 – Submission of Offers in U.S. Currency 52.225 -2 – Buy American Certificate 52.225-18- Place of Manufacture 52.203-98, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements—Representation (DEVIATION 2015-02) Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements—Representation (FEB 2015)

(a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(End of provision)

Clauses 52.204-13 – System for Award Management 52.212-4 – Contract Terms and Conditions-Commercial Items 52.212-5 – Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items 52.222-3 – Convict Labor (June 2003) (E.O. 11755) 52.222-19 – Child Labor – Cooperation with Authorities and Remedies (Jan 2014)(E.O. 13126) 52.222-21 – Prohibition of Segregated Facilities (Feb 1999) 52.222-26 – Equal Opportunity (Mar 2007) (E.O. 11246 52.222-36 – Affirmative Action For Workers with Disabilities (Oct 2010) (29 U.S.C. 793) 52.222-50 – Combatting Trafficking in Persons (FEB 2009)(22 U.S.C.7104(g))

52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658(DEC 2014)

52.233-3 – Protest After Award (AUG 1996) (31 U.S.C. 3553) 52.233-4 – Applicable Law for Breach of Contract Claim 52.223-18- Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011)(E.O 13513) 52.225-1 – Buy American Act – Supplies (Feb 2009) (41 U.S.C. 10a-10d) 52.225-13 – Restrictions on Certain Foreign Purchases (June 2008)(E.O.’s, proclamations, and statues 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) 931 U.S.C. 3332) 52.225-25 – Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran – Representations and Certifications 52.232-39 – Unenforceability of Unauthorized Obligations 52.232-40 – Providing Accelerated Payments to Small Business Contractors 52.247-35 – FOB Destination, within Consignee’s Premises 52.203-99, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (DEVIATION 2015-02)

PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (FEB 2015)

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause.

(End of clause)

Assurance by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2015)

1) In accordance with Sections 543 and 544 of Public Law 112-55 Commerce, Justice, Science, and Related Agencies Appropriations Act 2012, Title V (General Provisions) none of the funds made available by that Act may be used to enter into a contract with any corporation that-

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

b) 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, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

2) By accepting this award or order, in writing or by performance, the offeror/contractor assures that-

a) The offeror/contractor is not a corporation convicted of a felony criminal violation under a Federal law within the preceding 24 months.

b) The offeror/contractor 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.

(End of clause)

The following provisions and clauses apply to this acquisition and are hereby incorporated by reference. All CAR clauses may be viewed at http://www.ecfr.gov 1352.201-70 – Contracting Officers Authority 1352.209-73 – Compliance with the Laws (APR 2010) 1352.209-74 – Organizational Conflict of Interest 1352.246-70 – Place of Acceptance

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: Willard Zbaeren, CONTRACTING OFFICER 325 Broadway Boulder, CO 80305

(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

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

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)

NIST LOCAL

-04 Billing Instructions –

(a) NIST prefers electronic Invoice/Voucher submissions and they should be emailed to INVOICE@NIST.GOV.

(b) Each Invoice or Voucher submitted shall include the following: (1) Contract Number. (2) Contractor Name and Address. (3) Date of Invoice. (4) Invoice Number. (5) Amount of Invoice and Cumulative Amount Invoiced to-date. (6) Contract Line Item Number (CLIN). (7) Description, Quantity, Unit of Measure, Unit Price, and Extended Price of Supplies/Services Delivered. (8) Prompt Payment Discount Terms, if Offered. (9) Any other information or documentation required by the contract.

(c) In the event electronic submissions are not used, The Contractor shall submit an original invoice or voucher in accordance with the payment provisions of this contract to: NIST: Accounts Payable Office 100 Bureau Drive, Mail Stop 1621 Gaithersburg, MD 20899-1621 (End of clause)