RFQ NB670020-23-01703.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.

THE EVALUATION PROCEDURES OF FAR PART 13.106-2 SHALL BE UTILIZED FOR

THIS PROCUREMENT. THE SOLICITATION SHALL NOT BE SUBJECT TO THE

FORMAL SOURCE SELECTION PROCEDURES DESCRIBED IN FAR PART 15.

Solicitation number NB670020-23-01703 is a Combined Synopsis/Solicitation request for quote (RFQ) including requirement for BRAND NAME OptiTrack items conducted under FAR 12.6 and 13.106.

Procedures from FAR 15 will not be used. Please acknowledge receipt of this RFQ.

This RFQ, incorporated provisions, and clauses are those in effect through Federal Acquisition Circular (FAC) 2023-04 dated 06/02/2023. The associated NAICS 334118 code for Computer Terminal and Other Computer Peripheral Equipment Manufacturing, has a small business size standard of 1000 Employees. This combined synopsis/solicitation is a Full and Open Competition.

Defense Priorities and Allocations Systems (DPAS) and assigned rating is not applicable to this request for quote (RFQ).

Offerors must submit all questions concerning this solicitation in writing, via email, to the Contracting Officer, Clifford Nicholson at clifford.nicholson@nist.gov and Daniel Kent at daniel.kent@nist.gov.

Questions should be received no later than three (3) calendar days after the issuance date of this solicitation. All responses to the 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, the question responses included in the amendment to the solicitation will govern performance of the contract.

The solicitation will close on the date and time specified herein this SAM.gov posting. All quotations shall be delivered electronically by the specified close date and time to Clifford Nicholson, Contracting Officer, at clifford.nicholson@nist.gov, and Daniel Kent, Contracting Officer, at daniel.kent@nist.gov.

For information regarding this solicitation, contact the Contracting Officer at clifford.nicholson@nist.gov or via phone at 303-497-5185.

Attached is the Statement of Work document describing the requirements for solicitation NB670020-23- 01703 for the following line-item number(s) (CLINs) to include description of item(s), quantities, and units of measure (including any applicable option(s)).

All offerors shall provide a firm fixed price (FFP) quotation for the following line items: (All equipment must be new. Used, refurbished, prototype, or remanufactured will not be considered for award).

Item Number

Supplies/Services Description Quantity Unit of Issue

Unit Price Amount mailto:clifford.nicholson@nist.gov mailto:daniel.kent@nist.gov mailto:clifford.nicholson@nist.gov mailto:daniel.kent@nist.gov mailto:clifford.nicholson@nist.gov

0001 BRAND NAME OptiTrack High-Speed Optical Motion Capture System

Per Statement of Work attached herein

1 JB $ $

Total Value: $ $

A Description of the requirements for the items to be acquired are in the attached Statement of Work document.

Date(s) and place(s) of delivery, acceptance, and FOB point are provided in this RFQ.

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 system performance. 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 thirty (30) days after receipt of both positioner and controller at NIST.

A visual inspection and review of the BRAND NAME High-Speed Optical Motion Capture System will be performed by the NIST Subject Matter Expert (SME) to identify surface defects or any form of indication that the items were damaged during transport to NIST. The Government shall have sole discretion to require repair or replacement of damaged and/or nonconforming supplies at no cost to the Government. The Government at any time prior to acceptance shall reject any of the portion of the High-Speed Optical Motion Capture System due to defects and/or nonconformance. The vendor is responsible for latent defects discovered any time after final inspection.

The place of acceptance shall be:

NIST: Shipping/Receiving 325 Broadway

Boulder, CO 80305

Ownership (title) of all of High-Speed Optical Motion Capture System (as specified above) shall transfer to NIST upon acceptance.

Delivery

Delivery shall be FOB DESTINATION and shall occur not later than (NLT) 180 Days ARO.

Delivery shall be FOB destination and shall occur within the vendor’s standard commercial lead time. 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.

Unless agreed otherwise between both parties, the contractor shall deliver all Line Items (in accordance with the Statement of Work document) to:

The National Institute of Standards and Technology 325 Broadway Boulder, CO 80305

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:

Instructions:

Submit the quotation on company letterhead to the email address stated herein by the date and time specified herein. The quotation shall include clear, concise, technical approach of the item offered to meet the Government requirement identified in the STATEMENT OF WORK. The pricing shall conform to the technical requirement, and a firm fixed price shall be provided for each contract line item number (CLIN). Additionally, a total firm fixed price which includes all CLINs shall be provided. If the quotation is missing any of the elements the quotation may be deemed unacceptable and may not be evaluated further.

Please reference the RFQ number in the subject line of email communications and packages mailed.

Offerors’ quotations shall not be deemed received by the Government until the quotation is entered in the e-mail box set forth above.

Quotation Submission Requirements:

1). Price Quotation:

The offeror shall submit one (1) original copy of the completed price quotation electronically to clifford.nicholson@nist.gov and daniel.kent@nist.gov. Pricing quotation shall be separate from any other portion of the quotation. The offeror shall provide a firm-fixed-price, FOB Destination is required, for each CLIN. Price quotations shall remain valid for a period of 90 days from the date quotations are due.

2). Technical Quotation:

The technical quotation shall address the following:

Technical Approach: The offeror shall submit a technical description, product literature, and/or drawings for the system it is proposing, which clearly identifies each requirement listed above. The offeror must mailto:clifford.nicholson@nist.gov mailto:daniel.kent@nist.gov demonstrate that its proposed system meets each minimum requirement, including BRAND NAME requirements, 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.

3). Acceptance of RFQ terms and conditions:

This is a full and open solicitation for BRAND NAME 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.

4). The Unique Entity Identification (UEI) number for the quoter’s active System for Award Management (SAM) registration. Quoters must have an active registration at www.SAM.Gov to receive an award.

5). Quoters shall include a completed copy of the below provisions, “Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2015)” and “Free Trade Agreements Certificate” with their quotation.

The provision at FAR 52.212-2, Evaluation -- Commercial Products and Commercial Services (Nov 2021), applies to this acquisition. For this LPTA procurement, NIST will evaluate quotations as follows:

NIST will evaluate the lowest price quotation to determine if it is acceptable for technical approach. If the quotation is acceptable for technical approach, then NIST will not evaluate any other quotations and will make award to the lowest price technically acceptable offeror. If the lowest price quotation is not acceptable for technical approach, then NIST will evaluate the next lowest quotation to determine if it is acceptable for technical approach, etc. Once NIST identifies the lowest price technically acceptable quotation, no other higher price quotations will be evaluated. The Contracting Officer will make a Firm- Fixed-Price award to the offeror based on the lowest price acceptable quotation for approach, and no other higher price quotations will be evaluated.

http://www.sam.gov/

The following factors shall be used to evaluate the quotation:

1. Technical approach of the service(s) offered to meet the Government requirement.

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. 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 Products and Commercial Services (Dec 2022), applies to this acquisition.

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:

52.204-10, 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.

52.219-28, 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 52.222-50, 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 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 RFQ # NB670020-23-01703 and Subject Title:

High-Speed Optical Motion Capture System

The quotations shall include the following information:

• Information enough to demonstrate you can meet or exceed the requirements in the Statement of

Work document.

• Firm fixed price quote.

• If item(s) are manufactured outside the United States, provide the country of origin / manufacture in the quote.

• Payment Terms: Net 30.

• Complete one hundred eighty (180) days after receipt of order (ARO).

• FOB Destination including shipping cost for delivery to:

• Unless written agreement otherwise:

o Ship To: NIST 325 Broadway Boulder, CO 80305

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

• Company SAM Unique Entity Identifier (UEI). 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.

• Inspection: Inspection and Acceptance is expected to take up to ten (10) days.

FAR 52.225-4 Buy American-Free Trade Agreements-Israeli Trade Act Certificate.

Buy American-Free Trade Agreements-Israeli Trade Act Certificate (Oct 2022)

(a)

(1) The Offeror certifies that each end product, except those listed in paragraph (b) or (c)(1) of this provision, is a domestic end product and that each domestic end product listed in paragraph (c)(2) of this provision contains a critical component.

(2) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "critical component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

(b) The Offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

(c)

(1) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph

(b) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.

Other Foreign End Products:

Line Item No. Country of Origin Exceeds 55% domestic content (yes/no)

[List as necessary]

(2) The Offeror shall list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

Line Item No. ___

[List as necessary]

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

(End of provision)

FAR 52.247-34, 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)

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/

FAR 52.204-7, System for Award Management FAR 52.204-16, Commercial and Government Entity Code Reporting FAR 52.204-20, Predecessor of Offeror FAR 52.225-18, Place of Manufacture FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment CAR 1352.233-70, Agency Protests CAR 1352.233-71, GAO and Court of Federal Claims Protests

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 https://www.acquisition.gov/comp/far/index.html

FAR 52.204-13, System for Award Management FAR 52.204-18, Commercial and Government Entity Code Maintenance FAR 52.204-19, Incorporation by Reference of Representations and Certifications 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 1352.239-71, Electronic and information technology

CAR 1352.246-70, Place of Acceptance http://acquisition.gov/ https://www.acquisition.gov/comp/far/index.html

(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

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.

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.

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

All contractors performing work on active contracts at the U.S. Department of Commerce (DOC), National Institute of Standards and Technology (NIST) campuses and/or working in NIST workspaces should go to the www.nist.gov website and under the “About NIST” tab click on “Visit”. This site includes information about campus access and security information; identification requirements; parking information and more.

Contractor personnel are required to check the appropriate campus operating status and personnel requirements at https://www.nist.gov/campus-status daily prior to arriving on site. All personnel must adhere to the requirements set forth in the 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 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

(303) 497-3000 option 2 http://www.nist.gov/ https://www.nist.gov/campus-status

In the event of 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 the contractor has been, or is notified that it is required to work under an excepted status, the contractor must stop work. The work stoppage shall remain in effect until the lapse is resolved and notification is provided via the NIST website at www.nist.gov (banner on front page) and/or the NIST operating status line(s).

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 active 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 not cause the Government to incur additional obligations during the lapse in appropriation may continue performance.

Please note that in all circumstances that impact operations on the NIST campuses, contractors are expected to follow all direction and guidance provided by NIST authorities.

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.

ATTACHMENTS:

Attachment 1: Statement of Work http://www.nist.gov/ http://www.opm.gov/ mailto:INVOICE@NIST.GOV