Attachment_2._RFQ_-_Part_IV_-_Solicitation_Provisions.docx

NNS16592857Q – Fiber Optic Transmitters and Receivers Attachment 2

PART IV: SOLICITATION PROVISIONS

A. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

https://www.acquisition.gov

52.212-1 Instructions to Offerors -- Commercial Items (OCT 2015)

The following Addenda to FAR 52.212-1 is incorporated:

The following paragraph is added as follows:

Paragraph (m) Instructions Regarding Submission of Offers. The following information is to be provided with offeror’s proposal and must be submitted no later than the date and time specified on page 1 in Block 8 of the SF 1449. The information requested must be provided for the prime contractor, and, if applicable, significant subcontractors. Failure to provide any item requested below may render an offeror’s proposal non-responsive and thereby ineligible for award.

(1) List of Required Documents – The following is a list of required documents provided for the Offeror’s convenience. There may be other documents, either required or necessary for effective evaluation, which do not appear on this list. It is the offeror’s responsibility to ensure that the proposal submitted is complete in every respect and not rely solely on this list to prepare its proposal.

a. Offeror’s quote and the information required by this Request For Quote (RFQ).

b. Completed SF 1449 Blocks 12, 17a, 17b, 30a, 30b, 30c as applicable (RFQ page 1).

c. Completed offeror Representations and Certifications (RFQ Part V); IAW 52.212-3, Offerors are required to electronically provide Representation and Certifications via the System for Award Management website at www.sam.gov prior to submitting an offer or completing the representation and certifications in this solicitation.

d. Correspondence from offeror’s financial institution including the available line of credit.

e. Copy of ISO 9001 certificate or documentation of equivalent quality program that encompasses the provisions of ISO 9001.

f. Acknowledgment of all amendments, if applicable.

(2) Evaluation Criteria Submission Requirements –

Price: Offeror is to provide a general breakdown of pricing sufficient to determine price reasonableness. Offeror shall identify and document all (if any) assumptions, conditions, and/or exceptions upon which the price is based. Any assumptions, conditions, and/or exceptions considered by the Government to be unacceptable may result in elimination for an award.

(3) Evaluation – This acquisition for a commercial item will be conducted pursuant to the simplified acquisition procedures in FAR Part 13. As such, the best value selection shall comply with the procedures in FAR Part 13.106.

a. The Government intends to award one contract from this solicitation to the offeror who is determined responsible in accordance with the Federal Acquisition Regulation, as supplemented, whose offer conforms to the solicitation requirements and is determined, based on the evaluation factors, to represent the best value to the Government. The following factor shall be used to evaluate offers: Price.

b. Options. Not applicable to this requirement.

c. A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(4) Financial Information – In order for the Government to make an affirmative responsibility determination, offerors shall provide correspondence from its financial institution indicating offeror’s financial capabilities.

(5) Higher-Level Quality Standard – This procurement is subject to higher-level quality standard ISO 9001 or equivalent quality program that encompasses the provisions of ISO 9001. Offerors shall submit a copy of its ISO 9001 certificate or documentation of an equivalent quality program that encompasses the provisions of ISO 9001.

(6) Proposal Costs – The Government will not pay any offeror for preparation of its quote.

(7) Questions – Questions regarding the solicitation are encouraged to ensure adequate understanding of the government’s requirement. All questions regarding subject solicitation must be submitted no later than 3:00 p.m. Central Time on July 13, 2016. Questions submitted after this date/time may not be answered. Questions will be accepted via e-mail only to: melissa.r.wagner@nasa.gov (cc: gerald.l.norris@nasa.gov). Faxed or telephoned questions will not be accepted. In no event shall an offeror’s failure to clarify the requirements of the solicitation constitute grounds for a protest before or after award or a claim after contract award.

(9) Submit Quote To –

a. Signed offer(s) may be submitted electronically via e-mail to melissa.r.wagner@nasa.gov (cc: gerald.l.norris@nasa.gov) by the date specified on page 1 in Block 8 of the SF 1449.

b. All information and all copies of offer must be submitted no later than the date and time specified on page 1 in Block 8 of the SF 1449. Quotes that arrive after the prescribed date and time specified for receipt of quotes will be considered late and treated in accordance with FAR 52.212-1(f)(2).

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;

(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.

(End of provision) 52.225-2 – Buy American Certificate (May 2014)

(a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”

(b) Foreign End Products:

[List as necessary]

(c) The Government will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation.

(End of provision)

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 or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR) clauses: https://www.acquisition.gov

NASA FAR Supplement (NFS) clauses: http://www.hq.nasa.gov/office/procurement/regs/nfstoc.htm (End of provision)

The following FAR provisions are included by reference:

B. NASA FEDERAL ACQUISITION REGULATION SUPPLEMENT (48 CFR CHAPTER 18) CLAUSES http://www.hq.nasa.gov/office/procurement/regs/nfstoc.htm

The following NFS provisions are included:

NASA FAR 1852.233-70 – Protests to NASA (Dec 2015)

(a) In lieu of a protest to the United States Government Accountability Office (GAO), bidders or offerors may submit a protest under 48 CFR Part 33 (FAR Part 33) directly to the Contracting Officer for consideration by the Agency. Alternatively, bidders or offerors may request an independent review by the Assistant Administrator for Procurement, who will serve as or designate the official responsible for conducting an independent review. Such reviews are separate and distinct from the Ombudsman Program described at 1815.7001.

(b) Bidders or offerors shall specify whether they are submitting a protest to the Contracting Officer or requesting an independent review by the Assistant Administrator for Procurement.

(c) Protests to the Contracting Officer shall be submitted to the address or email specified in the solicitation (email is an acceptable means for submitting a protest to the Contracting Officer). Alternatively, requests for independent review by the Assistant Administrator for Procurement shall be addressed to the Assistant Administrator for Procurement, NASA Headquarters, Washington, D.C. 20546-0001.

(End of provision)