Attachment I - Provisions and Clauses.pdf

Attachment I – Provisions and Clauses Request for Quote: NB671000-20-00724 LTE Radio Layer Measurement Capability – NIST Boulder 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 FOR CERTAIN

COMMERCIAL ITEMS UNDER THE AUTHORITY OF FAR 13

This solicitation is a Request for Quotation (RFQ). RFQ Number: NB671000-20-00724. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2019-01, dated December 20, 2018. This RFQ is Full and Open.

NIST requires a commercial LTE Radio Layer Measurement Capability. These tools will be used conduct sponsored test and measurement tasks in public safety communications, PSCR requires an LTE radio layer measurement capability for mobile field measurements of real LTE carriers. Please include any shipping and freight charges; if applicable.

The associated North American Industrial Classification System (NAICS) code for this procurement is 334515 – Instrument Manufacturing for Measuring and Testing Electricity and Electrical Signals with a small business size standard of 750 employees.

***This acquisition is Full and Open***

DELIVERY:

All services will be delivered to:

NIST Boulder Campus 325 Broadway Boulder, CO 80305

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 equipment minimum requirements. Such tests and evaluations, if performed, shall be conducted within the environment that the system is to be operated. The Contractor has the right to be present during the tests and evaluations, if performed, at the Contractor’s expense.

Inspection and acceptance shall occur within seven (7) business days after receipt of installation and equipment at NIST Boulder Campus.

Provisions and Clauses:

The provision at 52.212-1, Instructions to Offerors—Commercial, applies to this acquisition.

Offeror shall meet the technical requirements and deliverable schedule. Quote shall include any shipping costs.

The provision at 52.212-2, Evaluation—Commercial Items, as modified, applies to this acquisition. The Government shall award a fixed price contract to the Lowest Price Technically

Acceptable (LPTA) quote, based upon the technical specifications as detailed within the attached statement of work.

Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications—Commercial Items, with its offer. Offerors shall have an active registration at www.sam.gov to be considered for award.

The clause at 52.212-4, Contract Terms and Conditions—Commercial Items, applies to this acquisition.

The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items, applies to this acquisition as noted in the attached.

Additional FAR 52.212-5 clauses cited in the clause applicable to this acquisition are as follows:

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 52.222-41—Service Contract Labor Standards (Aug 2018) 52.222-50—Combating Trafficking in Persons 52.223-18—Contractor Policy to Ban Text Messaging while Driving 52.225-3—Buy American -Free Trade Agreements-Israeli Trade Act (May 2014) 52.225-13—Restrictions on Certain Foreign Purchases 52.232-33—Payment by Electronic Funds Transfer 52.233-3—Protest After Award 52.233-4—Applicable Law for Breach of Contract Claim 52.232-13—Notice of Progress Payments 52.232-16—Progress Payments 52.232-40—Providing Accelerated Payments to Small Business Sub-contractors 52.247-34—FOB Destination

FAR 52.252.1—Solicitation Provisions Incorporated by Reference (Feb 1998). 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 of offer. Also, the full text of a solicitation provision may be accessed electronically at this/these websites:

http://acquisition.gov/comp/far/index.html http://www.osec.doc.gov/oam/acquisition_management/policy/default.htm

FAR 52.252.2—Clauses incorporated by reference (Feb 1998). This contract incorporates one or more clauses by reference, with the same force and effect of a clause 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):

http://acquisition.gov/comp/far/index.html http://www.osec.doc.gov/oam/acquisition_management/policy/default.htm

Commerce Acquisition Regulation (CAR) clauses and provisions applicable to this acquisition http://www.sam.gov/ http://www.sam.gov/ http://acquisition.gov/comp/far/index.html http://acquisition.gov/comp/far/index.html http://www.osec.doc.gov/oam/acquisition_management/policy/default.htm http://www.osec.doc.gov/oam/acquisition_management/policy/default.htm http://acquisition.gov/comp/far/index.html http://acquisition.gov/comp/far/index.html are as follows:

1352.213-70—Evaluation Using Simplified Acquisition Procedures 1352.233-70—Agency Protests 1352.233-71—GAO and Court of Federal Claims Protests 1352.201-70—Contracting Officer’s Authority 1352.209-73—Compliance with the Laws 1352.209-74—Organizational Conflict of Interest 1352.246-70—Place of Acceptance

NIST LOCAL-54 ELECTRONIC BILLING INSTRUCTIONS is also applicable to this acquisition.

NIST requires that Invoice/Voucher submissions are sent electronically via email to INVOICE@NIST.GOV . Each invoice or voucher submitted shall include the following information:

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 – 39, MARKING/PACKING INSTRUCTIONS

1) If the total contract/order includes multiple quantities of the same of like items(s), segregated as separate CLIN/item numbers, deliverables shall be packed accordingly. Each individual Package/container in the shipment shall include deliverables on a per-CLIN basis or Item basis.

2) For each shipment made under this contract/order, the Contractor shall furnish itemized packing list(s) enumerating the specific contents of each shipping container and what specific individual components constitute a full and complete “unit” for each bid item. The packing list shall include the brief description of each item found in the Schedule. If more than one container is required for each unit, each container should be marked accordingly, e.g., “box 1 of 2”, “Box 2 of 2,” and the boxes, where feasible, should be taped or shrink-wrapped together as an issuable unit.

3) The contract number AND CONTRACT LINE NUMBER (CLIN) OR ORDER ITEM NUMBER shall be placed on the exterior of all containers. If you have any questions regarding, please contact Lia Arthofer at lia.arthofer@nist.gov .

The Contractor shall warrant the equipment in accordance with their standard commercial warranty terms. The warranty shall commence upon receipt and final acceptance by the Government.

The Defense Priorities and Allocations System (DPAS) and assigned rating is not applicable to this acquisition.

mailto:INVOICE@NIST.GOV mailto:INVOICE@NIST.GOV http://www.sam.gov/ http://www.sam.gov/ mailto:lia.arthofer@nist.gov mailto:lia.arthofer@nist.gov

LIST OF ATTACHMENTS:

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

1. Attachment I--Applicable Provisions and Clauses

2. Attachment II--Specifications

3. Attachment III-–Evaluation Factors

*All offerors shall provide a firm-fixed-price quotation.