NB6720602301853 -Sub-Kelvin Cryostat RFQ.pdf

THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS 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.

Solicitation number NB6720602301853 is a Request for Quotation (RFQ) conducted under the authority of 13.5, Simplified Procedures for Certain Commercial Products and Commercial Services.

This RFQ, incorporated provisions, and clauses are those in effect through Federal Acquisition Circular (FAC) 2023-04. The associated NAICS is 334516. This requirement is solicited on an unrestricted basis.

Attached are the Specifications describing the requirements for a Sub-Kelvin Cryostat with Optional Dilution Refrigerator Components for solicitation NB6720602301853 for the following line-item number(s) (CLINs) to include description of item(s), quantities, and units of measure (including any applicable option(s)).

Item Number Supplies/Services Description QTY Unit of

Issue Unit Price

Amount

0001 Cryostat system with base temperature below 900 millikelvin

1 EA $ $

0002 Option:

Dilution Unit This option CLIN will be exercisable by the Government at any time for a period not to exceed two years from date of award. If exercised, vendor will have 210 days to complete option terms.

1 EA $ $

0003 Option:

40+ GHz Bandwidth Wiring This option CLIN will be exercisable by the Government at any time for a period not to exceed two years from date of award. If exercised, vendor will have 210 days to complete option terms.

1 EA $ $

Total Value: $

Date(s) and place(s) of delivery and acceptance and FOB point are required in accordance with the attached Specifications document.

The provision at FAR 52.212-1, Instructions to Offerors—Commercial Products and Commercial Services (Mar 2023), applies to this acquisition. Addenda to this provision is as follows: Submit the quotation on company letterhead to the email address stated herein by the date and time provided. The quotation shall include clear, concise, technical capability of the items offered to meet the Government http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P298_49781 requirement identified in the Specifications document. Technical capability documentation which may include a narrative, charts, graphs, tables, drawings, product / service literature, and demonstrated authority to provide the necessary items and perform the required services identified in the specifications.

The documentation shall clearly describe, in sufficient detail, the vendor's authority, proposed items, resources and methods to successfully fulfill the requirements including specifications, performance capability requirements, delivery schedules, warranties and all service requirements per this Request for Quotations.

The pricing shall conform to the technical requirements, and a firm fixed price shall be provided for each line item.

If the quotation is missing any of the elements the quotation may be deemed unacceptable and may not be evaluated further.

The provision at FAR 52.212-2, Evaluation -- Commercial Products and Commercial Services (Nov 2021), applies to this acquisition. The Government will award a firm fixed price purchase order. Basis of Award is Best Value in accordance with 13.106-1(2)(ii) based on the below factors. The Government will evaluate the lowest price quotation first, and then stop when the Government has identified the lowest price quotation that is technically acceptable.

The following factors shall be used to evaluate the quotation:

1. Technical capability of the item(s) offered to meet the Government requirement.

2. Price

1. Technical capability of the item(s) offered to meet the Government requirement.

Evaluation of this factor is a subjective evaluation of the vendor’s demonstrated resources, capability and methods to meet all requirements. The vendor’s submittals will be evaluated in terms of demonstrated understanding of the requirements and demonstrated capability to meet or exceed the requirements. This may include the authority to provide the required items (i.e. authorized dealer/seller/reseller), authority to provide maintenance and repair services, and the capability and method to successfully meet all the requirements including but not limited to item specifications, delivery schedule, installation, warranty, etcetera. This factor will be evaluated on an acceptable/unacceptable basis. Vendors who do not receive and acceptable rating will not be further evaluated.

2. Price will be evaluated for reasonableness. The Government will not conduct price realism as a part of price evaluation.

Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Products and Commercial Services (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.

The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items Commercial Products and Commercial Services (Dec 2022), applies to this acquisition.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1612_228754 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1626_230606 http://www.sam.gov/portal

The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Products and Commercial Services (Jun 2023), applies to this acquisition and the following additional FAR clauses cited are applicable to the acquisition:

52.203-6, Restrictions on Subcontractor Sales to the Government 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards 52.204-27, Prohibition on a ByteDance Covered Application 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment 52.219-8, Utilization of Small Business Concerns 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 52.222-54, Employment Eligibility Verification 52.222-50, Combating Trafficking in Persons 52.223-18, Contractor Policy to Ban Text Messaging While Driving 52.225-5, Trade Agreements 52.225-13, Restrictions on Certain Foreign Purchases 52.232-33, Payment by Electronic Funds Transfer

The following additional contract requirement(s) and additional terms and conditions are necessary for this acquisition and consistent with customary commercial practices are as follows:

Additional Contract Requirements:

• All communications and documents must include the solicitation #NB6720602301853.

• All quotations shall include the following information:

o Information enough to demonstrate you can meet or exceed the requirements in the

Specifications.

o Firm fixed price quote.

o Payment Terms: Net 30.

o Please indicate the soonest you can deliver.

o FOB Destination including delivery cost for delivery to:

DOC - NIST

325 Broadway Boulder, CO 80305 o Delivery point of contact will be provided upon award. (NIST reserves the right to ship using the NIST Account).

o Company SAM Unique Entity ID. In order to be eligible for this award, the offeror must have and maintain an active registration at the System for Award Management at www.sam.gov and have completed Representations and Certifications therein for the http://www.sam.gov/ specified NAICS code or submit separate Representations and Certifications if the specified NAICS code is not listed in their SAM registration.

o Acceptance is expected to not exceed 7 days after the items are received.

Additional Terms and Conditions:

Provisions – FAR 52.204-7, System for Award Management FAR 52.204-16, Commercial and Government Entity Code Reporting FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

FAR 52.217-5 Evaluation of Options.

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of provision)

52.225-6 Trade Agreements Certificate

(a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements."

(b) The offeror shall list as other end products those supplies that are not U.S.-made or designated country end products.

Other End Products:

Line Item No. Country of Origin

[List as necessary]

(c) The Government will evaluate offers in accordance with the policies and procedures of part 25 of the Federal Acquisition Regulation. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for those products are insufficient to fulfill the requirements of this solicitation.

(End of provision)

FAR 52.229-11 Tax on Certain Foreign Procurements—Notice and Representation

a) Definitions. As used in this provision— Foreign person means any person other than a United States person.

Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area.

United States person as defined in 26 U.S.C. 7701(a)(30) means

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31)); and

(5) Any trust if–

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.

(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The Offeror would claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/w14. Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue. The IRS Form W-14 is provided to the acquiring agency rather than to the IRS.

(d) For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that

(1) It [_] is [_] is not a foreign person; and

(2) If the Offeror indicates "is" in paragraph (d)(1) of this provision, then the Offeror represents that—I am claiming on the IRS Form W-14 [__] a full exemption, or [__] partial or no exemption [Offeror shall select one] from the excise tax.

(e) If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision, then—

(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract; and

(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent of each payment.

(f) If the Offeror selects "is" in paragraph (d)(1) and "partial or no exemption" in paragraph (d)(2) of this provision, the Offeror will be subject to withholding in accordance with the clause at FAR 52.229-12, Tax on Certain Foreign Procurements, in any resulting contract.

(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

(End of provision)

FAR 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 quoter is cautioned that the listed provisions may include blocks that must be completed by the quoter and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the quoter 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): at http://acquisition.gov/comp/far/index.html (End of provision) http://acquisition.gov/comp/far/index.html

CAR 1352.233-70, Agency Protests CAR 1352.233-71, GAO and Court of Federal Claims Protests

CAR 1352.239-71 Electronic and Information Technology

(a) To be considered eligible for award, offerors must propose electronic and information technology (EIT) that meet the applicable Access Board accessibility standards at 36 CFR 1194 designated below:

_ XX_ 1194.21 Software applications and operating systems

______ 1194.22 Web-based intranet and internet information and applications

______ 1194.23 Telecommunications products

______ 1194.24 Video and multimedia products

______ 1194.25 Self-contained, closed products

______ 1194.26 Desktop and portable computers

______ 1194.31 Functional performance criteria

______ 1194.41 Information, documentation and support

(b) The standards do not require the installation of specific accessibility-related software or the attachment of an assistive technology device, but merely require that the EIT be compatible with such software and devices so that it can be made accessible if so required by the agency in the future.

(c) Alternatively, offerors may propose products and services that provide equivalent facilitation. Such offers will be considered to have met the provisions of the Access Board standards for the feature or components providing equivalent facilitation. If none of the offers that meet all applicable provisions of the standards could be accepted without imposing an undue burden on the agency or component, or if none of the offerors propose products or services that fully meet all of the applicable Access Board's provisions, those offerors whose products or services meet some of the applicable provisions will be considered eligible for award. Awards will not be made to an offeror meeting all or some of the applicable Access Board provisions if award would impose an undue burden upon the agency.

(d) Offerors must submit representation information concerning their products by completing the VPAT template at http://www.Section508.gov.

(End of provision)

Clauses – FAR 52.204-13, System for Award Management Maintenance FAR 52.204-18, Commercial and Government Entity Code Maintenance FAR 52.204-21, Basic Safeguarding of Covered Contractor Information Systems

FAR 52.217-9 Option to Extend the Term of the Contract

(a) The Government may extend the term of this contract by written notice to the Contractor within 10 days of contract expiration date provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 3 years.

(End of clause)

FAR 52.247-34 FOB Destination The term "f.o.b. destination," as used in this clause, means-- (1) Free of expense to the Government, on board the carrier`s conveyance, at a specified delivery point where the consignee`s facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and (2) Supplies shall be delivered to the destination consignee`s wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including "piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for "heavy or bulky freight." When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee. (b) The Contractor shall-- (1) (i) Pack and mark the shipment to comply with contract specifications; or (ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements; (2) Prepare and distribute commercial bills of lading; (3) Deliver the shipment in good order and condition to the point of delivery specified in the contract; (4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract; (5) Furnish a delivery schedule and designate the mode of delivering carrier; and (6) Pay and bear all charges to the specified point of delivery. (End of Clause)

52.247-48 FOB Destination-Evidence of Shipment

(a) If this contract is awarded on a free on board (f.o.b.) destination basis, the Contractor-

(1) SHALL NOT SUBMIT AN INVOICE FOR PAYMENT UNTIL THE SUPPLIES COVERED

BY THE INVOICE HAVE BEEN SHIPPED TO THE DESTINATION; and

(2) Shall retain, and make available to the Government for review as necessary, the following evidence of shipment documentation for a period of 3 years after final payment under the contract:

(i) If transportation is accomplished by common carrier, a signed copy of the commercial bill of lading for the supplies covered by the Contractor’s invoice, indicating the carrier’s intent to ship the supplies to the destination specified in the contract.

(ii) If transportation is accomplished by parcel post, a copy of the certificate of mailing.

(iii) If transportation is accomplished by other than common carrier or parcel post, a copy of the delivery document showing receipt at the destination specified in the contract.

(b) The Contractor is not required to submit evidence of shipment documentation with its invoice. (End of clause)

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): at http://acquisition.gov/comp/far/index.html (End of Clause)

CAR 1352.201-70, Contracting Officer’s Authority CAR 1352.209-73, Compliance with the Laws CAR 1352.209-74, Organizational Conflict of Interest

CAR 1352.201-72 Contracting Officer's Representative (COR)

(a) _(Will be identified at time of award)_ is hereby designated as the Contracting Officer's Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at:

Phone Number:

E-mail:

(b) The responsibilities and limitations of the COR are as follows:

(1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.

(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor.

(End of clause)

CAR 1352.246-70 Place of Acceptance

(a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract.

(b) The place of acceptance will be:

NIST

325 Broadway Boulder, CO 80305

NIST LOCAL-39 MARKING/PACKING INSTRUCTIONS

(1) If the total contract/order includes multiple quantities of the same or like item(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 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 http://acquisition.gov/comp/far/index.html 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-ITEM NUMBER (CLIN) OR ORDER ITEM NUMBER shall be placed on the exterior of all containers.

(End)

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)

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.

https://www.nist.gov/ http://www.opm.gov/ mailto: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.

(End)

NIST LOCAL-56 INVOICING PROCESSING PLATFORM-ALTERNATE I

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.

(End)

Defense Priorities and Allocations System (DPAS) is NOT applicable.

The solicitation will close on the date and time specified and provided. All quotations shall be delivered electronically by the specified close date and time to Daniel Kent, Contract Specialist at Daniel.kent@nist.gov.

For information regarding this solicitation, contact the Contract Specialist at daniel.kent@nist.gov or via phone at 303-497-6533.

http://www.sam.gov/ https://www.ipp.gov/

Attachments:

Attachment 1 - Sub-Kelvin Cryostat Specifications