Combined_Synopsis_and_Solicitation.pdf

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.

This solicitation is a request for quotation. The solicitation document incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-89.

The associated North American Industrial Classification System (NAICS) code for this procurement is 333314 with a small business size of 500 employees.

This procurement is a 100% total small business set aside.

1352.215-72 INQUIRIES (APR 2010)

Offerors must submit all questions concerning this solicitation in writing to Ching.Hung@nist.gov.

Questions should be received no later than 5 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. The backup point of contact is Cory Worley at Cory.Worley@nist.gov.

(End of Provision)

BACKGROUND

The National Institute of Standards and Technology (NIST) watt balances uses heterodyne interferometers operated at a wavelength of 532 nm. Part of the interferometer setup are several polarizing beam splitter cubes. The statistical noise of the experiment can be improved substantially by using the requested polarizing beam splitter cubes with high extinction ratio. This requirement is for ten (10) polarizing beam splitter cubes to improve the interferometers in the watt balance.

PURPOSE AND OBJECTIVES OF THE PROCUREMENT

The overall objective of this acquisition is to acquire ten (10) polarization splitter cubes for interferometry measurement at 532nm.

The Contractor shall provide a Firm Fixed Price quotation for the following:

REQUIREMENTS:

Line Item 0001: Quantity of ten (10) polarization beam splitter cubes meeting or exceeding the following minimum requirements: (Used or refurbished equipment will not be considered for award, all equipment must be new):

1. The polarization beam splitter cube material shall be fused silica

2. The polarization beam splitter cube dimension shall be 1”x 1”x 1”

3. The extinction ratio shall be 5000:1 or better with no preferred entrance faces for best performance

(The four entrance faces are used in the interferometry setup) mailto:Ching.Hung@nist.gov mailto:Cory.Worley@nist.gov

4. The wave front distortion shall be λ/10 (transmitted and reflected beams) or better

5. The anti-reflection coating (all four surfaces) shall be: narrowband 532nm, normal incidence, less than 0.2%

6. The clear aperture shall be >85% of length and width

7. The beam deviation shall be 50 arc sec or better

8. The reflected beam angle shall be 90⁰

9. The scratch-dig shall be 20-10 or better

10. The polarization cube shall be vacuum compatible 10^-6 torr or better

Express Warranty

The Contractor shall warrant the entire system for a period of at least one year. The warranty must include unlimited telephone/e-mail support for questions regarding operation. All costs including parts, labor, travel, and other expenses necessary to repair the system will be borne solely by the Contractor at no additional cost to the U.S. Government.

Delivery

Delivery should be FOB DESTINATION (Gaithersburg, MD) and shall take in accordance with the contractor’s standard commercial delivery timeframe.

FOB Destination means: The contractor shall pack and mark the shipment in conformance with carrier requirements, deliver the shipment in good order and condition to the point of delivery specified in the purchase order, be responsible for any loss of and/or damage to the goods occurring before receipt and acceptance of the shipment by the consignee at the delivery point specified in the purchase order; and pay all charges to the specified point of delivery.

The contractor shall deliver all Line Items to:

The National Institute of Standards and Technology 100 Bureau Drive, Building 301 Shipping and Receiving Gaithersburg, MD 20899-1640

Inspection and Acceptance:

Inspection and acceptance will be in accordance with FAR 52.212-4(a). Inspection will occur at NIST in Gaithersburg, MD. Equipment must be fully compliant to all minimum required specifications upon receipt before payment shall be authorized.

The Government anticipates inspection and acceptance to be completed within 7 days from receipt of the delivered instruments.

Due Date for Quotations

Offerors shall submit their quotations so that NIST receives them not later than 12:00 p.m. Eastern Time on August 15, 2016. Only E-mail quotations shall be accepted at Ching.hung@nist.gov .

Offeror’s quotations shall not be deemed received by the Government until the quotation is entered into the e-mail address inbox set forth above.

mailto:Ching.hung@nist.gov

Addendum to FAR 52.212-1, Quotation Preparation Instructions

1). Price Quotation:

The offeror shall submit one copy of its price quotation. The pricing quotation shall be separate from any other portion of the quotation. The offeror shall propose a firm-fixed-price quotation for each CLIN. Price quotations shall remain valid for a period of 90 days from the date quotations are due.

2). Technical Quotation:

The offeror shall submit one copy of the technical quotation. The technical quotation shall address the following:

Technical Capability:

The offeror shall submit a technical description or product literature for the equipment it is proposing, which clearly identifies each requirement listed above. The offeror must demonstrate that its proposed equipment meets or exceeds each minimum requirement described above by providing a citation to the relevant section of its technical description or product literature. The contractor must not simply state they will meet the requirement, evidence must be provided. If applicable, evidence that the Offeror is authorized by the original provider to provide the item(s) in the quotation should be included.

4). 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 quotation 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 shall 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 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.

Evaluation Factors

Award shall be made to the offeror whose quotation is determined technically acceptable and is lowest in price.

The Government will evaluate quotations based on the following evaluation criteria: 1) Technical Capability and 2) Price.

1. Technical Capability: No prototypes, demonstration models, used or refurbished instruments will be considered. Evaluation of technical capability shall be based on the information provided in the quotation.

NIST will evaluate whether the offeror has demonstrated that its proposed equipment meets or exceeds all minimum requirements. Quotations that do not demonstrate the proposed equipment meets all requirements will not be considered further for award. If an offerors technical description and/or product literature does not indicate whether its proposed equipment meets a certain minimum requirement, NIST will determine that it does not meet the requirements.

2. Price: The Government will evaluate price for reasonableness.

PROVISIONS AND CLAUSES

The following provisions and clauses apply to this acquisition and are hereby incorporated by reference.

All Federal Acquisition Regulation (FAR) clauses may be viewed at http://acquisition.gov/far/index.html.

All Commerce Acquisition Regulation (CAR) clauses may be viewed at http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl

Provisions

Offerors shall complete annual representations and certifications on-line at www.sam.gov in accordance with FAR 52.212-3 Offerors Representations and Certifications- Commercial Items. If paragraph (j) of the provision is applicable, a written submission is required.

FAR 52.252-1 – Solicitation Provisions Incorporated by Reference

FAR 52.204-7 – System for Award Management

FAR 52.212-1 – Instructions to Offerors-Commercial Items

FAR 52.204-16 – Commercial & Government Entity Code Reporting

FAR 52.204-17 – Ownership or Control of Offeror

FAR 52.204-18 – Commercial & Government Entity Code Maintenance

FAR 52.225-18 Place of Manufacture (Mar 2015)

(a) Definitions. As used in this clause— “Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

http://acquisition.gov/far/index.html http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl http://www.sam.gov/

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

(b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—

(1) [ ] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) [ ] Outside the United States.

CAR 1352.233-70 Agency Protest (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 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: CORY WORLEY, CONTRACTING OFFICER

100 Bureau Drive, MS 1640 Gaithersburg, MD 20899

(c) Agency protests filed with the 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 protest, 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

CAR 1352.233-71 GAO and Court of Federal Claims Protest (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

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)

52.209-11 – Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)

(1) In accordance with Sections 744 and 745 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by the Consolidated and Further Continuing Appropriations Act, 2015 funding 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, where an awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government, or

(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, where the awarding agency is aware of the unpaid 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) The Offeror represents that, as of the date of this offer –

(a) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(b) 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.

(End of provision)

Clauses:

FAR 52.212-4 Contract Terms and Conditions—Commercial Items (May 2015)

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders

– Commercial Items (Jan 2016)

The following additional FAR clauses cited in FAR 52.212-5 are applicable to this acquisition

FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) FAR 52.219-6 Notice of Total Small Business Aside (Nov 2011) FAR 52.219-28 Post Award Small Business Program Rerepresentation (Jul 2013) FAR 52.222-3 Convict Labor (June 2003) FAR 52.222-19 Child Labor (Jan 2016) FAR 52.222-21 Prohibition of Segregated Facilities (Apr 2015) FAR 52.222-26 Equal Opportunity (Apr 2015) FAR 52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014) FAR 52.222-50 Combating Trafficking in Persons (Mar 2015) FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) FAR 52.225-1 Buy American--Supplies (May 2014) FAR 52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008) FAR 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (Jul 2013)

FAR 52.207-13 System for Award Management Maintenance (Jul 2013)

FAR 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

FAR 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

FAR 52.247-34 F.O.B. Destination (Nov 1991)

CAR 1352.246-70 Place of Acceptance (Apr 2010)

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

(b) The place of acceptance will be:

Inspection and acceptance will be performed at:

The National Institute of Standards and Technology 100 Bureau Drive, Building 301 Shipping and Receiving Gaithersburg, MD 20899-1640

(End Clause)

CAR 1352.201-70 Contracting Officer’s Authority (Apr 2010)

CAR 1352.209-73 Compliance with the Laws (Apr 2010)

CAR 1352.231-71 Duplication of Effort (Apr 2010)

NIST LOCAL_04 BILLING INSTRUCTIONS

(1) The Contractor shall submit an original invoice or voucher in accordance with the payments provisions of this contract to:

NIST

Accounts Payable Office 100 Bureau Drive, Mail Stop 1621 Gaithersburg, MD 20899-1621 FAX Number: 301-975-8283 Email: invoice@nist.gov

(2) 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.

(End Clause)

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)

NIST LOCAL_04 BILLING INSTRUCTIONS