Combined_Synopsis-Solicitation_Jan2019.docx

(i) 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; PROPOSALS ARE BEING REQUESTED AND A WRITTEN SOLICITATION WILL NOT BE ISSUED.

(ii) Solicitation number NB686060-19-03123 is a Request for Quotation (RFQ) conducted under the authority of FAR 13, Simplified Acquisition Procedures.

(iii) This RFQ, incorporated provisions, and clauses are those in effect through Federal Acquisition Circular (FAC) 2019-05.

(iv) The associated NAICS 334516 code, has a small business size standard of 1,000 employees. This requirement is for Full and Open Competition.

(v) Attached is the Specifications describing the requirements for solicitation NB686060-19-03123 for the following line item number(s) (CLINs) to include description of item(s), quantities, and units of measure (including any applicable option(s)).

(vi) A Description of the requirements for the items to be acquired are in the attached Statement of Work (SOW).

(vii) Date(s) and place(s) of delivery, acceptance, and FOB point are required in accordance with the this RFQ.

(viii) The provision at FAR 52.212-1, Instructions to Offerors—Commercial Items (JAN 2017), applies to this acquisition. Addenda to this provision is as follows:

Addendum to FAR 52.212-1, Quotation Preparation Instructions

1. The Government intends to evaluate quotations and issue a purchase order based on the initial quotations received. Therefore, the Contractor’s initial quotation should contain the quoter’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, quoters 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 will issue a purchase order to the Contractor with a technically acceptable quotation with the lowest price.

2. Submit quotations electronically to the office specified in this solicitation at or before the exact time specified in this solicitation. The Quotation shall be submitted on company letterhead stationery. The following information shall be limited to six (6) single sided pages, and quotations must include, at a minimum, the following:

a) The solicitation number: NB686060-19-03123 and Title: Mini-Dilution Refrigeration Unit;

b) The name, address, DUNS and telephone number of the quoter. Provide “Remit to” address, if different than mailing address;

c) Terms of any express warranty;

d) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the quoter shall complete electronically;

e) Acknowledgment of Solicitation Amendments;

f) Quote shall include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the RFQ. Quotations that fail to furnish required representations or information or reject the terms and conditions of the solicitation may be excluded from consideration.

g) Acknowledgement of Payment Terms: Net 30;

h) FOB Destination applies to all US venders. See NIST Local 09 Customs clause for other than FOB Destination.

i) The quotation shall address the following Factors for Evaluation:

FACTOR 1 - Technical: The quoter shall submit a technical description or product literature for the equipment it is quoting, which clearly identifies the manufacturer and part number, and each technical specification. The quoter must demonstrate that its equipment meets each technical specification described in the Technical Specifications Document by providing a citation to the relevant section of its technical description or product literature. If applicable, evidence that the quoter is an authorized reseller by the original manufacturer shall be included in the quotation.

FACTOR 2 - Delivery: 52.211-9 Desired and Required Time of Delivery—ALT III shall be completed and returned with quote:

(a) The Government desires delivery to be made according to the following schedule:

DESIRED DELIVERY SCHEDULE

Item No. 0001, Quantity 1 Each Delivery of equipment = ___ months ARO

If the offeror is unable to meet the desired delivery schedule, it may, without prejudicing evaluation of its offer, propose a delivery schedule below. However, the offeror’s proposed delivery schedule must not extend the delivery period beyond the time for delivery in the Government’s required delivery schedule as follows:

DESIRED DELIVERY SCHEDULE

Delivery of equipment = ___months ARO

Offers that propose delivery of a quantity under such terms or conditions that delivery will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. If the offeror proposes no other delivery schedule, the desired delivery schedule above will apply.

OFFEROR’S PROPOSED DELIVERY SCHEDULE

Delivery of equipment = _____months ARO

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed or otherwise furnished to the successful offeror results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day the award is dated. Therefore, the offeror shall compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor`s date of receipt of the contract or notice of award by adding

(1) five calendar days for delivery of the award through the ordinary mails, or

(2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

(End of Clause)

FACTOR 3 - Price: The offeror shall submit a firm fixed price quote. Any discounts should be provided in the initial quotation. Price quotations shall remain valid for a period of 90 days from the date quotations are due.

(ix) The provision at FAR 52.212-2, Evaluation -- Commercial Items (OCT 2014), applies to this acquisition. The Government will award a firm fixed price contract resulting from this solicitation to the responsible offeror with the Lowest Price Technically Acceptable (LPTA) quote, based upon the technical specifications as detailed within the attached SOW.

Addendum to FAR 52.212-2, Evaluation – Commercial Items FACTOR 1 – Technical: Evaluation of this factor is a subjective evaluation of the contractor's quotation to meet the minimum specification requirements. This factor will be evaluated on an Acceptable / Unacceptable basis. Quotations that do not demonstrate the equipment meets all minimum requirements will not be considered further for award and will result in an “Unacceptable” rating for this factor.

FACTOR 2 – Delivery: 52.211-9 ALT III shall be completed and meet the Government’s minimum delivery schedule for the quote to be considered Acceptable. Quotations that do not complete this factor or meet the Government’s minimum delivery schedule will not be considered further for award and will result in an “Unacceptable” rating for this factor.

FACTOR 3 – Price: The quoted price will be evaluated for reasonableness.

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

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

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

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

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 52.219-28, 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 52.223-18, Contractor Policy to Ban Text Messaging While Driving 52.225-3 w/ALT I, Buy American—Free Trade Agreements—Israeli Trade Act 52.225-13, Restrictions on Certain Foreign Purchases 52.232-33, Payment by Electronic Funds Transfer

(xiv) 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:

1. All communications and documents must include the RFQ # NB686060-19-03123 and Subject Title: Mini-Dilution Refrigeration Unit.

2. All quotations shall include the following information:

a. Information enough to demonstrate you can meet or exceed the requirements in the Specifications.

b. Firm fixed price quote.

c. Payment Terms: Net 30.

d. The requested delivery is no more than ____ after receipt of the order (ARO). Please indicate the soonest you can deliver.

e. FOB Destination including shipping cost for delivery to:

DOC – NIST

325 Broadway Boulder, CO 80305-3328

i. Delivery point of contact will be provided upon award. (NIST reserves the right to ship using the NIST Account).

j. Company DUNS No. 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 specified NAICS code, or submit separate Representations and Certifications if the specified NAICS code is not listed in their SAM registration.

k. Inspection: Inspection and Acceptance is expected to take longer than seven calendar days after receipt of delivery and will be provided upon award.

l. Warranty: Warranty shall start upon Final Government Acceptance which is expected to be after Delivery and Inspection of Equipment for Acceptance.

Additional Terms and Conditions:

Provisions – FAR 52.204-7, System for Award Management FAR 52.204-16, Commercial and Government Entity Code Reporting FAR 52.204-17, Ownership or Control of Offeror FAR 52.204-20, Predecessor of Offeror FAR 52.204-24, Report Regarding Certain Telecommunications & Video Surveillance Services or Equipment FAR 52.232-15, Progress Payments Not Included.

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

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

Clauses – FAR 52.204-13, System for Award Management FAR 52.204-18, Commercial and Government Entity Code Maintenance FAR 52.204-21, Safeguarding FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications & Video Surveillance Service and Equipment FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors

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

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 1352.246-70, 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:

DOC-NIST

325 Broadway Boulder, CO 80305-3328

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 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.

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.

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.

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

(xvi) The solicitation will close on the date and time specified herein this FBO.gov posting. All quotations shall be delivered electronically by the specified close date and time to Patricia Rose, Contracting Officer, at patricia.rose@nist.gov.

(xvii) For information regarding this solicitation, contact the Contracting Officer at patricia.rose@nist.gov or via phone at 303-497-3106.