FINAL 4 FBO POST.docx

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

Offeror to Complete Blocks 12, 17, 23, 24, & 30

NB610010-11-01418

NATIONAL INST OF STDS AND TECHNOLOGY

BUILDING 301 SHIPPING AND RECEIVING

100 BUREAU DRIVE

GAITHERSBURG, MD 20899-0001

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

This is a Request for Proposal (RFP) to establish multiple Indefinite Delivery, Indefinite Quantity (IDIQ) contracts using contracting by negotiation under the authority of FAR Part 15 for on-site and off-site welding activities at the National Institute of Standards and Technology (NIST) Center for Neutron Research (NCNR) located at the Gaithersburg, Maryland campus in accordance with the Statement of Work (SOW) starting on page 5, the attached Sample Task Order and the following:

1. Drawing No. E-04-002 (12 sheets containing 12 separate drawings)

2. Wage Determination No. 2005-2103, Revision 11, dated June 13, 2011

Hourly rates per each year shall be based on straight time. For the miscellaneous category, provide pricing for all other labor categories that are not listed but may apply under the proposed contract. Additionally, the maintenance category shall be considered to be any positions that may be deemed necessary under the proposed contract that fall under the Maintenance and Repair Occupations listed in the Service Contract Act Wage Determination.

All required materials will be authorized on a task order basis and price reasonableness shall be evaluated at the time the task order is issued.

BASE YEAR

Pipe fitter: $______________ Rigger:$_________________ Certified Welder $_______________ Maintenance:$_____________ Miscellaneous:$_____________

OPTION YEAR I

Pipe fitter: $______________ Rigger:$_________________ Certified Welder $_______________ Maintenance:$_____________ Miscellaneous:$_____________

OPTION YEAR II

Pipe fitter: $______________ Rigger:$_________________ Certified Welder $_______________ Maintenance:$_____________ Miscellaneous:$_____________

OPTION YEAR III

Pipe fitter: $______________ Rigger:$_________________ Certified Welder $_______________ Maintenance:$_____________ Miscellaneous:$_____________

OPTION YEAR IV

Pipe fitter: $______________ Rigger:$_________________ Certified Welder $_______________ Maintenance:$_____________ Miscellaneous:$_____________

SCHEDULE Continued

25. Accounting and Appropriation Data

26. Total Award Amount (For Govt. Use Only)

are not attached

27b. Contract/Purchase Order incorporates by reference FAR 52.212-4. 52.212-5 is attached. Addenda are are not attached

29. Award of Contract: Reference.

Offer

Issuing Office. Contractor agrees to furnish and deliver all items set forth or otherwise identified above and on any additional sheets subject to the terms and conditions specified herein.

Dated

. Your offer on Solicitation (Block 5), including any additions or changes which are set forth herein, is accepted as to items:

31c. Date Signed

32a. Quantity in Column 21 Has Been

Received

Inspected

Accepted, and Conforms to the Contract, Except as Noted: ________________________

32g. E-mail of Authorized Government Representative

Complete

Partial

Final

Partial

Final

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA - FAR (48 CFR) 53.212

Page - 3

1. STATMENT OF WORK ……………………………………………………………………………………………..5

Table of Contents

Page

33. LIST OF ATTACHMENTS………………………………………………………………………………………..42

SB1341-11-RP-0060

Page - 4

1. STATMENT OF WORK:

BACKGROUND:

The NIST Center for Neutron Research (NCNR) pursues a mission to be a world leading facility for neutron scattering research. To that end, it owns and operates a neutron source (i.e. the NIST Reactor). The NCNR services a large and diverse group of outside users (scientists). Hence the reliability of the neutron source is a key in achieving its mission.

As part of its maintenance program, the NCNR intermittently develops requirements that involve the welding of steel, aluminum and occasionally other metals. Examples of past and present requirements are pipe repair jobs, new piping (and other plumbing) as well as structural fabrication jobs, and new construction requirements for the rigging and hoisting of certain equipment. These welding requirements are developed in-house as task packages that define welding specifications, manufacturing drawings and work instructions. Some jobs require a qualified welder to be present at the NCNR to achieve performance. Other tasks require the welder to fabricate jobs in accordance with NCNR specifications and deliver the completed manufactured equipment to the NCNR site or require integration into the existing facility by further welding in the field on-site at NIST.

PURPOSE:

The Contractor shall perform welding activities, on an as-needed basis, in accordance with design and performance specifications to be provided by NIST.

CODES AND STANDARDS:

CODES AND STANDARDS for welding Aluminum and Aluminum alloys:

Fabrication, examination, testing, inspection, stamping, certification, and documentation shall conform to applicable portions of following adopted or tentative specifications, standards, codes and addenda, as applicable. Latest version of these codes and standards will be applicable.

a. ANSI/ASME B31.1 - American National Standard Code for Pressure Piping including Applicable Code Addenda and Interpretations.

b. ASME Boiler and pressure vessel code sections V, VIII and IX - including applicable code addenda and code interpretations.

c. American Welding Socieity:

1. AWS D1.2 - American Welding Society code for structural welding (Aluminum).

2. AWS D10.7 - American Welding Society code for "Gas shielded arc welding of aluminum and aluminum alloy pipes, recommended practices for."

3. AWS A5.3 - American Welding Society specifications for "aluminum and aluminum alloy electrodes for shielded metal arc welding."

4. AWS A5.10 - American Welding Society specifications for "Bare aluminum and aluminum alloy welding electrodes and rods."

d. Piping Fabrication Institute Standards

CODES AND STANDARDS for welding Carbon Steel, Stainless Steel and alloys:

Fabrication, examination, testing, inspection, stamping, certification, and documentation shall conform to applicable portions of following adopted or tentative specifications, standards, codes and addenda, as applicable. Latest version of these codes and standards will be applicable.

a. ASME/ANSI B31.1 American National Standard Code for Pressure Piping including Applicable Code Interpretations.

b. ASME Boiler and pressure vessel code sections V, VIII and IX - including applicable addenda and code interpretations.

c. American Welding Society:

1. AWS D1.1 - "Structural Welding Code - Steel"

2. AWS D10.9 - "Qualification of welding procedures and welders for piping and tubing, specification for".

3. AWS D10.11 - "Recommended practices for root pass welding of pipe without backing".

4. AWS D10.12 - "Welding low carbon steel pipe, recommended practices and procedures for".

5. AWS D1.6, Structural Welding Code - Stainless Steel.

6. AWS D10.4, recommended practices for welding Austenitic Chromium-Nickel Stainless Steel piping and tubing.

CODES AND STANDARDS for Brazing and Soldering of Copper and Copper alloys:

American Welding Society:

a. AWS D10.13/D10.13M, Recommended practices for the brazing of copper tubing and fittings.

b. AWS A5.8/A5.8M, Specification for filler metals for brazing and braze welding.

c. AWS A5.31-92R, Specification for fluxes for brazing and braze welding.

d. AWS B2.2/B2.2M, Specification for brazing procedure and performance qualification.

e. AWS B2.3/B2.3M, Specification for soldering procedure and performance qualification.

POTENTIAL TASKS:

The Contractor shall be responsible to weld various materials. The Contractor may perform welding of carbon steel, stainless steel, aluminum (and sometimes other metals) using established welding processes. These processes may include, but are not limited to:

Performance specifications for the welding work will be provided by NIST with each task order and will consist of a package containing welding specifications, drawings, and inspection requirements and criteria as well as welder certification and weld qualification requirements.

The Contractor shall have access to equipment and personnel to perform the welding and welding inspection. The Task Order performance specifications govern both the welding and the inspection process.

The Contractor shall provide welder’s certifications and weld qualification for welding of each metal listed above, per industry codes and standards listed in the sample task order. This applies to the welding of aluminum, carbon steel and stainless steel materials only.

If work is done off-site, as is the case in new manufacuring, parts shall be packaged and shipped following standard trade practices and shall be FOB Destination.

The contractor shall follow TECHNICAL SPECIFICATION NBSR-CSP-1 for Fabrication and installation of Carbon Steel Piping for NBSR for the fabrication and installation of Carbon Steel piping. Pipe supports shall be fabricated and installed by the contractor.

The contractor shall follow the TECHNICAL SPECIFICATION NBSR-AP-2 for the fabrication and installation of 6061 T6 Aluminum Piping for NBSR for the fabrication and installation of 6061 T6 Aluminum piping. Pipe supports shall be fabricated and installed by the contractor.

The contractor may, as opposed to fabricating them, use standardized, “off the shelf” pipe supports manufactured according to the Manufacturers Standardization Society standards listed in TECHNICAL SPECIFICATION NBSR-CSP-1 and TECHNICAL SPECIFICATION NBSR-AP-2.

Additional Responsibility:

The contractor shall be responsible, if explicitly delineated in the task order, to supply components such as pipes, pipe fittings, valves etc. and equipment such as pumps with driven source, heat exchangers, flow measuring devices etc., over and above welding materials and equipment. If the task order will require the contractor to supply materials and equipment, specifications and applicable codes and standards will be provided in the task order by the Government. This data will determine the basis for materials and physical attributes of various components and performance duty of system equipment.

2. GENERAL REQUIREMENTS

2.1 The Contractor shall provide all labor and equipment necessary to off-load their truck(s). If a forklift shall be utilized, it must be propane. Only NIST personnel shall operate NIST-owned equipment. NIST personnel shall be available to the Contractor to operate equipment as necessary. If NIST personnel are required, the Contractor shall provide the COR with at least 3 days advanced notice.

2.2 All tools and equipment, brought into the work site must be cleared through the NIST Health/Physics office. This clearance could take several hours. Tools and equipment includes ALL tools and equipment, from hammers to forklifts; hoses, electrical lines and cables are also included. NIST recommends that the Contractor leave all tools and equipment on-site during the period of performance to avoid duplicate clearances and unnecessary delays.

2.3 The Contractor shall make necessary arrangements to remove all trash generated in executing this task order. NIST shall not provide a trash dumpster. All material removed and leaving the building must be cleared by NIST Health Physics before it can leave the site. If any contamination is found, NIST shall be responsible for cleaning it. NIST shall be responsible for disposal if the item cannot be cleaned.

2.4 The Contractor must collect, drain water from, and place all radiological waste collected during the cleaning process in a manner suitable for waste disposal. NIST shall supply containers (e.g.55 gallon drums) for disposal.

2.5 Work required shall be performed in a controlled area. Contractor personnel shall not leave the work-site unless they are escorted by NIST personnel. NIST personnel shall be available to escort Contractor personnel as required. No food or drink shall be permitted in the work area.

2.6 All work must be done in accordance with applicable specifications from Occupational Safety and Health Administration (OSHA).

2.7 All materials must be new.

2.8 During cutting, welding, grinding or other similar operations, measures must be taken to protect near-by equipment from smoke, sparks, grit and any other residue generated. The Contractor shall not weld or cut prior to the issuance of a “Weld and Burn” permit through the NIST Fire Department.

NIST shall be responsible for obtaining this permit unless contractor has done so in the past. The Contractor must notify the COR at least one day in advance of any welding or cutting to ensure the permit is in hand.

2.9 The Contractor must minimize radiation exposure to workers by using As Low As Reasonably Achievable (ALARA) techniques as defined in Title 10, Section 20.1003, of the Code of Federal Regulations (10 CFR 20.1003). (Reference http://www.gpoaccess.gov/cfr/retrieve.html).

2.10 The work environment is radiological and potentially contaminated. All existing equipment, piping and cement pedestals shall be considered contaminated. Protective clothing such as coveralls, booties and gloves shall be worn as directed by the NIST Health Physics Office. The NCNR Health Physics Office shall supply standard protective clothing such as shoe covers, gloves, yellow cover-alls and hoods.

Each individual worker scheduled to work inside the Radiological Controlled Area (RCA), must attend the NCNR Radiation Safety Training (1/2 day class) prior to going inside the RCA. The training shall be scheduled by the COR. The training shall take place on-site at NIST Gaithersburg. It is anticipated that this training shall be scheduled not later than two weeks prior to the commencement of work inside the RCA.

2.11 Schedule Equipment Clearance/Provide Security Information. The Contractor shall contact the COR at least 30 days prior to the start of work in the NCNR to confirm dates and times for equipment clearance, and provide security information for all employees who shall be working on-site. All employees must have photo identification. Individuals who are not U.S. citizens must have a passport and Visa. Security requirements shall be explained by the COR at the kick-off meeting.

2.12 Proof of Insurance, The Contractor shall provide proof of insurance to the NIST Contract Specialist, at least 2 weeks prior to commencement of work on-site at NIST.

2.13 Installation Equipment

The Contractor shall provide all installation equipment necessary to perform an awarded task. This includes ladders and scaffolding. The Contractor may use the crane in C100, however, usage must be scheduled in advance. The crane must be operated by NIST personnel. The Contractor must advise the COR of the need to utilize the crane as soon as the need is identified so that usage time can be scheduled.

2.14 NCNR shall provide all radiological surveillance/monitoring required during installation and testing associated with a particular task

2.15 Work hours shall be Monday through Friday between the hours of 8:00 AM and 5:00 PM. Weekend access to the site shall not be authorized.

2.16 Approvals by the Government as required herein shall not relieve the Contractor of its obligation to comply with the specifications and with all other requirements of the task order, nor shall it impose upon the Government any liability it would not have had in the absence of such approval.

3. 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):

https://www.acquisition.gov/comp/far/index.html (End of Provision)

4. 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (JUN 2010)

(Reference 12.301)

5. 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

(Reference 17.208)

6. 52.227-14 RIGHTS IN DATA--GENERAL (DEC 2007)

(Reference 27.409)

7. 52.228-5 INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

(Reference 28.310)

8. 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984) (Reference 37.110)

9. 1352.201-70 CONTRACTING OFFICER'S AUTHORITY (APR 2010)

The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

(End of clause)

10. 1352.201-72 CONTRACTING OFFICER'S REPRESENTATIVE (C0R) (APR 2010)

(a) TO BE IDENTIFIED AT TIME OF AWARD is hereby designated as the Contracting Officer's Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at:

NCNR

100 BUREAU DRIVE

GAITHERSBURG, MD 20899

TELEPHONE AND E-MAIL ADDRESS SHALL BE PROVIDED AT TIME OF AWARD

(b) The responsibilities and limitations of the COR are as follows:

(1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.

(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor.

(End of clause)

11. 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

The contractor shall comply with all applicable laws, rules and regulations which deal with or relate to performance in accord with the terms of the contract.

(End of clause)

12. 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

(a) Purpose. The purpose of this clause is to ensure that the contractor and its subcontractors:

(1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work under this contract, and

(2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract.

(b) Scope. The restrictions described herein shall apply to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest (hereinafter collectively referred to as "contractor") in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both.

(c) Warrant and Disclosure. The warrant and disclosure requirements of this paragraph apply with full force to both the contractor and all subcontractors. The contractor warrants that, to the best of the contractor's knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the contractor has disclosed all relevant information regarding any actual or potential conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor's impartiality because of the appearance or existence of bias or an unfair competitive advantage. Such disclosure shall include a description of the actions the contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest.

(d) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the contract for default, suspend or debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract.

(e) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and (g), in any subcontract or consultant agreement at any tier expected to exceed the simplified acquisition threshold. The terms "contract," "contractor," and "Contracting Officer" shall be appropriately modified to preserve the Government's rights.

(f) Prime Contractor Responsibilities. The contractor shall obtain from its subcontractors or consultants the disclosure required in FAR Part 9.507-1, and shall determine in writing whether the interests disclosed present an actual, or significant potential for, an organizational conflict of interest. The contractor shall identify and avoid, neutralize, or mitigate any subcontractor organizational conflict prior to award of the contract to the satisfaction of the Contracting Officer. If the subcontractor's organizational conflict cannot be avoided, neutralized, or mitigated, the contractor must obtain the written approval of the Contracting Officer prior to entering into the subcontract. If the contractor becomes aware of a subcontractor's potential or actual organizational conflict of interest after contract award, the contractor agrees that the Contractor may be required to eliminate the subcontractor from its team, at the contractor's own risk.

(g) Waiver. The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the contractor may at any time seek a waiver from the Head of the Contracting Activity by submitting such waiver request to the Contracting Officer, including a full written description of the requested waiver and the reasons in support thereof.

(End of clause)

13. 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2008)

(a) "North American Industry Classification System (NAICS) code and small business size standard." The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not it self manufacture is 500 employees.

(b) "Submission of offers." Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) 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 offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) "Period for acceptance of offers." The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) "Product samples." When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) "Multiple offers." Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) "Late submissions, modifications, revisions, and withdrawals of offers."

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)

(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) "Contract award (not applicable to Invitation for Bids)." The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h)" Multiple awards." The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) "Availability of requirements documents cited in the solicitation."

(1)

(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-- GSA Federal Supply Service Specifications Section Suite 8100 470 East L'Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (http://assist.daps.dla.mil).

(ii) Quick Search (http://assist.daps.dla.mil/quicksearch).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) "Data Universal Numbering System (DUNS) Number." (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS+4" followed by the DUNS or DUNS+4 number that identifies the offeror's name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) "Central Contractor Registration." Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

(l) "Debriefing." If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of Provision)

14. ADDENDUM TO 52.212-1

Proposals are expected to conform to solicitation provisions and be prepared in accordance with this section. The proposal shall be clearly and concisely written as well as being neat, indexed (cross-indexed as appropriate) and logically assembled. All pages shall be appropriately numbered and identified with the name of the Offeror, the date, and the solicitation number.

The Offeror shall submit one original of their proposal, marked as such, and 1 copy. Each volume shall be clearly marked by volume number and title.

Please email any questions regarding the RFP to joni.laster@nist.gov, Contract Specialist, no later than 10 calendar days from the RFP posting date and responses to questions shall be posted on FedBizOpps.

All quotes must be received not later than 3:00 PM local time, on August 19, 2011 at the National Institute of Standards & Technology, Acquisition Management Division, 100 Bureau Drive, Building 301, Room B125, Mail Stop 1640, Gaithersburg, MD 20899-1640, Attn: Joni Laster.

Electronic quotes are acceptable; however, faxed quotes shall not be accepted. Quotations shall not be deemed received by the Government until the entire quotation is entered into the e-mail address inbox of the Contract Specialist as set forth above.

Offerors shall submit the following:

The proposal shall be prepared in two parts:

(1) Business Proposal

(2) Technical Proposal

1. Volume I - Business Proposal

Business Proposal shall consist of the Offer and other documents that consist of the actual offer to enter into a contract to perform the desired work. It also includes required representations, certifications, acknowledgements; justifications of noncompetitive proposed subcontracts; identification of technical data to be withheld; and any other administrative information.

NOTE - The person signing the proposal Form must have the authority to commit the offeror to all of the provisions of the proposal, fully recognizing that the Government has the right, by terms of the solicitation, to make an award without further discussion if it so elects.

2. Volume II - Technical Proposal

Technical proposal shall consist of the offeror’s outline addressing the technical aspects of the acquisition. It should indicate your company’s capabilities and the means to be used to satisfy the requirements of the Statement of Work and Sample Task Order. It will be evaluated in accordance with the criteria contained herein and it should be specific and complete in every detail. The proposal shall be practical and prepared simply and economically, providing straightforward, concise delineation of how offeror will satisfy the requirements of the Sample Task Order.

The proposal shall not merely offer to perform work in accordance with the scope of work, but shall outline the actual work proposed as specifically as practical. The Statement of Work reflects the problems and objective of the program under consideration; therefore, repeating the Scope of Work without sufficient elaboration will not be acceptable.

Specific areas to be addressed:

(1) Welding Infrastructure: The proposal shall include a list of welding and inspection equipment at the offeror’s disposal; provide welding certifications and quality control plan, which corresponds to Evaluation Factor 1 in 52.212-2.

(2) Previous Experience: Offerors shall provide detailed relevant summaries of projects (maximum of 6) successfully completed within the past five (5) years that involved welding repair or new manufacturing services, which corresponds to Evaluation Factor 2 in 52.212-2.

(3) Past Performance shall include specific contract references and clearly address recent related experience (both Government and non-Government) contracts, subcontracts and grants. The offeror should include the name of the customer, including contracting agency, address, and phone number, contract number, type of contract, and dollar value, date of contract, and a brief description of the scope of work, which correspond to Evaluation Factor 3 in 52.212-2.

(4) Technical proposal shall include information on how the project shall be organized, staffed and managed and how the offeror shall address the requirements in the Statement of Work and Sample Task Order, provide a technical approach to the Sample Task Order, and clearly indicate how the offeror plans to adhere to specified standards and codes of the welding industry, and indicate how its performance shall be internally validated and guaranteed, which corresponds to Evaluation Factor 4 in 52.212-2.

PRICE

(a) Price must adhere to the pricing structure established in the Schedule on pages 2-3. Each offeror’s price must be based on the offeror’s own technical proposal, the Government’s specifications, and other contractual requirements. If the prices to be used are based on a published price list, or catalog, the offer shall so state, and provide a copy of the document with their price proposal. If the prices are not to be based on established market price, not otherwise published, or are prices applicable only to the proposed contract, the offeror shall so state.

(b) The Government expects that this contract will be awarded based upon adequate price competition. However, in order to determine the prices are fair and reasonable, the Government request that offeors provide cost breakdown to support proposed prices.

15. 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

Award shall be made to the Contractor whose quote offers the best value to the Government. The Government will evaluate quotations based on the following evaluation criteria: 1) Welding Infrastruture, 2) Experience, 3)Past Performance,4) Technical Approach to the Sample Task Order and 5)Price.

All non-price factors, when combined, are more important than price.

1. Welding Infrastructure:

NIST will evaluate the offeror's quality control plan, welding certifications, knowledge of code, equipment and personnel available to perform the work, capability to perform inspections and equipment availabile to the offeror.

2. Previous Experience:

The offeror shall provide a detailed explanation of their relevant corporate experience in performing similar tasks.

3. Past Performance:

a. Performance by the offeror as it relates to all solicitatio requirements, including the quality of services and products, effectiveness of cost management/control, timeliness of performance, and customer satisfaction; and indication of ability to improve performance through proactive management.

b. Evaluation of Past Performance will be based on the references provided and/or the offeror's recent and relevant procurement history with NIST or its affiliates within the past three years to include organization name, address, Point of Contact, phone number, email and fax.

4. Technical Approach to Sample Task Order:

a. For the purpose of evaluation, a Sample Task Order, representative of the type of work that NIST will require under this contract are included in this solicitation as an attachment. Sample Task Order I is a typical on-site pipe repair job. The Government will perform a realism assessment as part of the price evaluation. The Government may also perform a risk assessment of each quotation and include that risk assessment as part of its overall evaluation of the proposals.

b. The offeror shall state how its performance shall be internally validated and guaranteed. To that end offeror shall include a quality control plan that clearly indicates how adherence to specified standards and codes shall be governed, particularly the resolution of conflicts (both internally between welders and offeror’s quality control personnel as well as between the offeror and the client). The purpose of the Sample Task Order is to enable NIST to evaluate the technical proficiency of the offerors.

Price:

Pricing will be evaluated to determine if the proposed prices are realistic, complete, and reasonable in relation to the solicitation requirements. Proposed pricing shall be consistent with the techical approach.

The Government intends to award multiple Indefinite Delivery, Indefinite Quantity (IDIQ) contracts in response to the solicitation. The Government reserves the right not to award a contract depending on the quality of the proposals received and the availability of funds.

The Government reserves the right to make an award to other than the lowest priced offeror if the Contracting Officer determines that to do so would result in the best value to the Government.

(End of Provision)

16. 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAY 2011)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision.

(a) Definitions. As used in this provision-- "Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service--

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

"Inverted domestic corporation", as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C.