RFQ NB672060-25-02221 50K Cryocooler.pdf

THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS OR

SERVICES 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 NB672060-25-02221 is a Request for Quotation (RFQ) conducted under the authority of FAR 13, Simplified Acquisition Procedures.

This RFQ, incorporated provisions, and clauses are those in effect through Federal Acquisition Circular (FAC) 2025-05. The associated NAICS is 334516 – Analytical Laboratory Instrument Manufacturing with a size standard of 1000 employees. This requirement is solicited on an unrestricted basis.

Attached are the Specifications describing the requirements for solicitation NB672060-25-02221 for the following line-item number(s) (CLINs) to include a description of the item(s), quantities, and units of measure (including any applicable option(s)). All items must be new. Used, reconditioned, or refurbished offers will not be accepted.

Item Number Supplies/Services Description QTY Unit of

Issue Unit Price

Amount

0001 50K Cryocooler 1 Each $ $ 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 (Sep 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 or services offered to meet the Government requirement identified in the specifications document. The pricing shall conform to the technical requirements, and a firm fixed price shall be provided for each line item including FOB shipping to NIST-Boulder and inclusive of all duties, customs, etc.. 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. The basis of the award is best value utilizing a lowest price technically acceptable evaluation plan. 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

Basis of Evaluation:

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

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P298_49781 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1612_228754

a. 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.

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 (May 2024) (DEVIATION FEB 2025), 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 (v) of this provision.

The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items Commercial Products and Commercial Services (Nov 2023), 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 (Jan 2025) (DEVIATION FEB 2025), applies to this acquisition and the following additional FAR clauses cited are applicable to the acquisition:

52.203-17, Contractor Employee Whistleblower Rights 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Award 52.204-27, Prohibition on a ByteDance Covered Application 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition 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 52.222-36, Equal Opportunity for Workers with Disabilities 52.222-50, Combating Trafficking in Persons 52.223-23, Sustainable Products and Services (Deviation Feb 2025) 52.225-1, Buy American - Supplies 52.225-13, Restrictions on Certain Foreign Purchases 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving 52.232-33, Payment by Electronic Funds Transfer 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels

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:

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

Additional Contract Requirements:

• All communications and documents must include solicitation #NB672060-25-02221.

• 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, duties, fees, etc 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 specified NAICS code or submit separate Representations and Certifications if the specified NAICS code is not listed in their SAM registration.

o Acceptance is not expected to exceed 7 days

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 52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures

(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(c) Procedures. (1) The Offeror shall search for the phrase “FASCSA order” in the System for Award Management (SAM)(https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

http://www.sam.gov/

(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).

(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).

(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:

(1) Name of the product or service provided to the Government;

(2) Name of the covered article or source subject to a FASCSA order;

(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;

(4) Brand;

(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(6) Item description;

(7) Reason why the applicable covered article or the product or service is being provided or used;

(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.

(End of provision)

FAR 52.225-2 Buy American Certificate.

Buy American Certificate (Oct 2022) (a)

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

(2) The Offeror shall list as 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”.

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

(4) The terms “commercially available off-the-shelf (COTS) item,” “critical component,” "domestic end product," "end product," and "foreign end product" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(b)Foreign End Products:

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

(b)[List as necessary]

(c) Domestic end products containing a critical component:

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 52.225-18 Place of Manufacture

(a) Definitions. As used in this provision—

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except-

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

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 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.

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 https://www.commerce.gov/oam/policy/acquisition-policy/procurement-memoranda (End of provision)

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 Maintenance FAR 52.204-18, Commercial and Government Entity Code Maintenance FAR 52.204-21, Basic Safeguarding of Covered Contractor Information Systems

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 52.247-48 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:

http://acquisition.gov/comp/far/index.html

(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 https://www.commerce.gov/oam/policy/acquisition-policy/procurement-memoranda (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

FAR 52.252-5 Authorized Deviations in Provisions.

Authorized Deviations in Provisions (Nov 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Commerce Acquisition Regulation (48 CFR Chapter 13) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

FAR 52.252-6 Authorized Deviations in Clauses.

Authorized Deviations in Clauses (Nov 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Commerce Acquisition Regulation (48 CFR Chapter

13) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(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

http://acquisition.gov/comp/far/index.html

325 Broadway Boulder, CO 80305 (End of Clause)

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.

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

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.

(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) mailto:INVOICE@NIST.GOV http://www.sam.gov/

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 Clifford Nicholson, Contract Specialist at clifford.nicholson@nist.gov.

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

Attachments:

Attachment 1 – Specifications