NB646000-13-02209_Combined_Synopsis.docx

CLASSIFICATION CODE: 66- Laboratory Equipment and Supplies

SUBJECT: High Pressure Four-channel Static Volumetric Sorption Instrument Coupled to a Mass Spectrometer for Evolved Gas Analysis

SOLICITATION NUMBER: SB1341-13-RQ-0400

RESPONSE DATE: July 5, 2013

CONTACT POINTS: Kim Stavish, Contract Specialist, (301) 975-2672 Monifa Coleman, Contracting Officer, (301) 975-6321

DESCRIPTION:

THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS PREPARED IN ACCORDANCE WITH THE FORMAT IN FAR SUBPART 12.6-STREAMLINED PROCEDURES FOR EVALUATION AND SOLICITATION FOR COMMERCIAL ITEMS-AS SUPPLEMENTED WITH ADDITIONAL INFORMATION INCLUDED IN THIS NOTICE. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTATIONS ARE BEING REQUESTED, AND A SEPARATE WRITTEN SOLICITATION DOCUMENT WILL NOT BE ISSUED. THE SOLICITATION IS BEING ISSUED USING SIMPLIFIED ACQUISITION PROCEDURES UNDER THE AUTHORITY OF FAR 13.5 TEST PROGRAM FOR CERTAIN COMMERCIAL ITEMS.

This solicitation is a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-66.

1352.215-72 INQUIRIES (APR 2010)

Offerors must submit all questions concerning this solicitation in writing to kim.stavish@nist.gov. Questions should be received no later than 7 calendar days after the issuance date of this solicitation. Any responses to 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, only the question responses included in the amendment to the solicitation will govern performance of the contract.

(End of Provision)

The associated North American Industrial Classification System (NAICS) code for this procurement is 334516 with a small business size standard of 500 employees.

This acquisition is 100% set-aside for small business. In accordance with the non-manufacturer rule, the contractor shall be a small business under the applicable size standard and shall provide either its own product or that of another domestic small business manufacturing or processing concern. See FAR 19.102(f) for additional information.

All offerors shall provide a firm-fixed price quotation for the following line items.

SCHEDULE:

LINE ITEM 0001: The offeror shall furnish, Quantity One (1), High Pressure Four-channel Static Volumetric Sorption Instrument coupled to a mass spectrometer for evolved gas analysis.

· Period of Performance: Shall be from the effective date of award through the end of the warranty period.

LINE ITEM 0002: The offeror shall furnish, Quantity One (1), Fully-automated gas cabinet for hydrogen with certified welding for the high pressure four-channel instrument. The gas cabinet shall provide a means for interlocking with exhaust, gas monitoring, and test equipment via remote isolated contact(s) to shutoff gas supply outlet. The remote isolated contact(s) are closed to allow gas to flow upon opening of contact(s) the gas shall stop flowing.

· Period of Performance: Shall be from the effective date of award through the end of the warranty period.

LINE ITEM 0003: The offeror shall furnish, Quantity One (1), Fully-automated gas cabinet for methane with certified welding for the high pressure four-channel instrument. The gas cabinet shall provide a means for interlocking with exhaust, gas monitoring, and test equipment via remote isolated contact(s) to shutoff gas supply outlet. The remote isolated contact(s) are closed to allow gas to flow upon opening of contact(s) the gas shall stop flowing.

· Period of Performance: Shall be from the effective date of award through the end of the warranty period.

TOTAL SCHEDULE $___________

STATEMENT OF WORK:

A. Introduction

The contractor shall furnish the necessary personnel, material, equipment, and services to fabricate, install and test one (1) High Pressure Four-channel Static Volumetric Sorption Instrument coupled to a mass spectrometer for evolved gas analysis, including fully-automated gas cabinets for hydrogen and methane.

B. Background

The National Institute of Standards and Technology (NIST), through an interagency agreement with the Advanced Research Projects Agency–Energy (ARPA-E) of the U.S. Department of Energy, is building a state-of-the-art Facility for Adsorbent Characterization and Testing (FACT). The FACT aims to serve the sorbent materials research community as an impartial source for testing and characterization of sorbent materials, by establishing reference materials and testing procedures, by supporting ARPA-E funded research, and by building an informed research community around sorbent materials testing and characterization.

C. Minimum Requirements

The system shall meet or exceed the technical specifications identified below. All items must be new. Used or remanufactured equipment will not be considered for award.

LINE ITEM 0001: The offeror shall furnish, Quantity One (1), High Pressure Four-channel Static Volumetric Sorption Instrument coupled to a mass spectrometer for evolved gas analysis.

· Period of Performance, Line Item 0001: Shall be from the effective date of award through the end of the warranty period.

1) Hardware and software capability:

The high pressure four-channel instrument shall have the hardware and software necessary to automatically control and program each channel to perform experiments independently and separately, according to the following pressure, temperature, and sample holder size configuration:

Range

The instrument shall be capable of admitting and removing gas for dosing the sample at pressures and temperatures specified in the table for each of the channels. The instrument shall be able to generate single gas sorption isotherms throughout the entire pressure range at the specified temperatures, which include to the highest specified pressure on adsorption and the lowest specified pressure on desorption.

Each four-channel instrument shall include a turbo pump with an oil-free backup pump to avoid the risk of sample contamination during operation. Such vacuum capabilities shall be available in all channels.

2) Temperature measurement, control, and recording The four-channel instrument shall include a suitable heating enclosure for the manifold up to 50 oC (323 K). Within this enclosure, variability in temperature larger than +/- 0.1 K within a 7-h period will be unacceptable.

The four-channel instrument shall include four temperature controllers to cover each of the temperature ranges specified in the table above. The temperature controllers shall be inter-exchangeable at least between channels 2 and 3. The temperature controllers shall include thermocouples suitable to provide accurate measurement and control of sorption temperatures specified in the table above and accommodate for sample activation temperatures. In addition, sample temperature must be continuously carefully controlled and recorded throughout the entire experiment with a standard deviation lower than +/- 0.1 K. Due to the high resolution specified for the pressure transducer in channel 2 and 3 (see below), the temperature sensors in channels 2 and 3 must be of equivalent resolution.

Due to the high sensitivity of the gas sorption measurements to drifts in temperature signals, NIST requires the thermocouples in the instrument fully calibrated and also have the ability to be re-calibrated by the user at a later point.

3) Pressure measurement, control, and recording For every channel, the instrument shall have at least two pressure transducers, except where indicated otherwise. The first pressure transducers will be for low pressure measurements and the second for high pressure measurements as indicated in each of the tables above. The pressure transducers for channels 1 and 4 shall have a resolution of at least 1/64000 of the range and an accuracy of +/- 0.05% of full range. For channels 2 and 3, the resolution shall be at least 1/1000000 of the range.

Due to the high sensitivity of the gas sorption measurements to errors associated with drifts in pressure measurements, NIST requires the pressure transducers in the instrument fully calibrated and also have the ability to be re-calibrated by the user at a later point.

4) Sample containers:

At least three (3) sample containers shall be provided per channel. Each sample container shall be made of a material capable of withstanding both activation temperatures and pressures and gas sorption temperature and pressure conditions as specified in this request. The sample containers shall be able to hold solid and liquid samples. The liquid samples to be used will be limited to those with negligible vapor pressure to avoid instrument contamination. The sample holder shall be able to contain samples sizes between 0.1 g and 1.0 g.

5) Sample activation:

Each channel of the instrument shall include sample activation (or pretreatment) capabilities for cleaning and drying the sample prior to sorption experiments. The sample activation component shall include heating capabilities. The instrument shall include a turbo pump with an oil-free backup pump to avoid the risk of sample contamination during sample activation. The activation experiments will span the temperature range from 298 K to 670 K.

6) Airless sample transfer The sample container shall be designed to be easily detached in a sealed and leak-tight manner for transfer air-sensitive sample into [and from] a glove box.

7) Variable dosing volumes:

The instrument shall include hardware components (e.g., variable expansion volumes) or software components (e.g., variable dosing frequency) to dose the sample with gas volumes ranging from 2 mL and above.

8) Capability to operate in both automatic and manual mode Due to the research nature of the activities at NIST, the instrument shall run in fully automated mode but also allow the user to operate the instrument in manual mode for identifying areas of process optimization and data uncertainty reduction.

9) Gas inlets Each channel in the instrument shall have at least two gas inlets, one of which shall be dedicated for Helium and include software to switch the valve automatically from gas 1 to gas 2 and vice versa as needed.

10) Amount of a gas adsorbed calculations The instrument shall be able to measure an amount of gas adsorbed as low as 10 micromoles per gram, with standard deviation lower than +/- 0.5 % in a 2-mL size sample. In addition, the instrument shall be capable of generating single-gas sorption isotherms based on pressure measurements through programmable sequential pressure dosing steps with standard deviation lower than +/- 0.5 % in a 2-mL size sample.

11) Maximum acceptable leakage rate The validity of the equilibrium pressure measurements depends strongly on the tightness of the instrument. Therefore, leakage must be kept at minimum. Leak rates higher than 5 x 10-9 cc/sec will be considered unacceptable.

12) Gas compatibility:

All fittings, lines, connections, manifold, mass flow controllers, pressure regulators, expansion volumes, and all associated components in both delivered gas sorption instrument and the mass spectrometer shall be rated for the temperatures and pressures specified in this request and be compatible with the following gas molecules: carbon dioxide, nitrogen, helium, argon, hydrogen, and methane.

13) Gas analyzer For temperature programmed desorption experiments, the instrument shall include a fully integrated mass spectrometer for analyzing gaseous species between 1 amu and 300 amu, with a detector sensitivity of at least 100 ppb in less than 400 ms response time. The system is to be used in all channels except channel 2 to reduce dead volume in that channel. In addition, calibrations must be included for the following gas mixtures CO2/He, CO2/Ar, N2,/He, N2/Ar, H2/He, H2/Ar, CH4/He, and CH4/Ar and must cover the entire concentration range of the mixtures.

14) Real time data display

Instrument must display all current and target parameters to represent the state of the device in real time for both manual and programmed experiments.

15) Ability to generate the following output data:

a. Full single gas adsorption and desorption isotherms based on standard equilibrium pressure measurements.

b. Ability to attach a mass spectrometer gas analyzer in every channel (except channel 2)

c. Measurement of reaction kinetic data at every dosing step in both adsorption and desorption mode at intervals of at least 0.1 sec for kinetic measurements.

d. Measurement of BET surface area and pore volume

e. Platform calculator to determine isosteric heat of adsorption, Henry’s law and Langmuir constants

16) Computer control:

The instrument shall include the necessary computer controls, monitor for data display, software to operate properly.

17) Data management:

The instrument shall include data logging and file management system with ability to import data into Excel software for post-processing of data.

18) Safety features:

For safety purposes, the instrument shall contain appropriate over temperature protection, over pressure protection, software protection, pressure relief valve systems, and emergency shut off switch, as detailed below:

a. Over temperature protection: The built-in temperature controller’s set point shall be limited to the safe operating range, just slightly higher than the rated operating range in order to allow smooth operation near the temperature limit. In addition, the control software shall monitor the furnace temperature and sample temperature continuously. In the event that the temperature approaches the temperature limit, the instrument shall display a prominent warning on the monitor screen. If the temperature continues to rise further, it shall turn down the controller’s set point.

b. Over pressure protection: A pressure switch shall control the power to the gas supply inlet valve. If the supply line pressure exceeds the limit, the switch shall cut off the power to the inlet valve disabling it.

c. Software protection: The control software continuously monitors the internal pressure and limits the operation of the valves in order to insure safe operation. Any instruction to open a valve will be overridden if it is not safe to do so. The software protection is active during all the manual and automatic operations.

d. Pressure Relief: Several pressure relief valves shall be installed in order to protect sensitive components from over-pressure. The escaping gas shall be directed to a single relief port.

e. Emergency Shut off Switch: All the electrical power to the solenoid valves shall go through an emergency shut off switch. In the event of an emergency or unidentified problem, the operator shall be able to press this switch to disable all the solenoid valves while all other electrical power remains active to allow for monitoring of the machine status.

19) Dimensions of delivered boxes and instrument:

Due to laboratory space restrictions, the footprint to comfortably operate this instrument (including the volumetric sorption component, mass spectrometer, gas tanks, and computer) for each of the four-channel systems cannot exceed 10 ft x 7 ft.

LINE ITEM 0002: The offeror shall furnish, Quantity One (1), Fully-automated gas cabinet for hydrogen with certified welding for the high pressure four-channel instrument. The gas cabinet shall provide a means for interlocking with exhaust, gas monitoring, and test equipment via remote isolated contact(s) to shutoff gas supply outlet. The remote isolated contact(s) are closed to allow gas to flow upon opening of contact(s) the gas shall stop flowing. The gas cabinet shall meet the following minimum requirements:

a. One 7-valve fully automatic single process manifold for high pressure hydrogen

b. 7-valve fully automatic switchover manifold for the intended delivery pressure range

c. 1-cylinder gas cabinet

d. Exhaust differential pressure switch

e. Leak test verification

f. ASME certified welders

g. HPM II Fully automatic controller

h. 2-valve purge manifold to be externally mounted to gas cabinet, includes cylinder holder/strap

i. Hydrogen gas detector

· Period of Performance, Line Item 0002: Shall be from the effective date of award through the end of the warranty period.

LINE ITEM 0003: The offeror shall furnish, Quantity One (1), Fully-automated gas cabinet for methane with certified welding for the high pressure four-channel instrument. The gas cabinet shall provide a means for interlocking with exhaust, gas monitoring, and test equipment via remote isolated contact(s) to shutoff gas supply outlet. The remote isolated contact(s) are closed to allow gas to flow upon opening of contact(s) the gas shall stop flowing. The gas cabinet shall meet the following minimum requirements:

a. One 7-valve fully automatic single process manifold for high pressure methane

b. 7-valve fully automatic switchover manifold for the intended delivery pressure range

c. 1-cylinder gas cabinet

d. Exhaust differential pressure switch

e. Leak test verification

f. ASME certified welders

g. HPM II Fully automatic controller

h. 2-valve purge manifold to be externally mounted to gas cabinet, includes cylinder holder/strap

i. Methane gas detector

· Period of Performance, Line Item 0003: Shall be from the effective date of award through the end of the warranty period.

Documentation:

All manuals and documentation on the instrument shall be provided in both electronic and hardcopy formats.

Express Warranty The contractor shall warrant the entire system for a period of at least two (2) years from acceptance. The warranty shall include unlimited telephone/e-mail support for questions regarding operation. All costs including parts, labor, travel, and other expenses necessary to repair the system will be borne solely by the contractor at no additional cost to the U.S. Government.

Installation The system shall be installed by the Contractor and meet contract specifications no later than five (5) weeks after delivery. Installation, at a minimum, shall include uncrating/unpackaging of all equipment, rigging, set-up and hook-up of the system, demonstration of all specifications, and removal of trash. Onsite installation and demonstration shall be done at the NIST, 100 Bureau Drive, Gaithersburg, MD 20899.

Training The contractor shall conduct one (1) training session for up to four (4) technical personnel at NIST, and shall provide the duration of this training session. The training shall provide a thorough demonstration of all system/solution functions, maintenance, data administration, basic troubleshooting and hardware/software operation. The training may be completed at NIST immediately after installation/set-up and demonstration of performance specifications, but shall be completed no later than 30 days after installation.

Delivery:

Delivery shall be FOB DESTINATION, and be completed in accordance with the offeror’s commercial schedule. The offeror shall state the commercial delivery schedule.

Delivery Address:

National Institute of Standards and Technology Building 301, Shipping and Receiving 100 Bureau Drive Gaithersburg, MD 20899-8520

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.

NIST estimates that these performance tests shall take between 2 to 3 weeks to complete. However, the exact time will depend on instrument-specific parameters (cooling rate after sample activation) and material-specific properties (for example, equilibration time).

The instrument shall meet the following measurement specifications:

Test # 1: Testing temperature stability at 100 bar under isothermal conditions over a 24-hour period. Use a calibrated empty cell (to be provided by vendor). Set the pressure at 100 bar with helium in static mode. Set temperature at 80 K. Wait for isothermal conditions. Then, start recording sample zone temperature over the course of 24 h. The recorded temperature as a function of time shall reflect a temperature stability within +/- 0.2 K.

Test # 2: Skeletal density measurement of empty vessel. Use a calibrated empty cell (to be provided by vendor). The skeletal density measurement of an empty vessel (calibrated blank cell) with Helium pycnometry shall result in 0 +/- 0.02 mL.

Test # 3: Testing “zero” adsorption. The blank isotherm measurement up to 100 bar using Helium shall indicate 0 +/- 50 micromol/g over all pressure points at room temperature.

Test # 4: Hydrogen sorption isotherm of LaNi5 (both absorption and desorption) up to 60 bar at 313 K using the 2 mL sample holder.

Test # 5: Hydrogen sorption isotherm of LaNi5 (both absorption and desorption) up to 20 bar at 313 K using the 0.5 mL sample holder.

Test # 6: Nitrogen sorption isotherm at liquid nitrogen for surface area measurements (Raw data as well as BET fit) for a 0.15 g sample of high surface alumina

Test # 7: Skeletal density measurement of C300 MOF.

Test # 8: Hydrogen excess sorption isotherm of C300 MOF up to 50 bar at liquid nitrogen temperature.

PROVISIONS AND CLAUSES:

The following provisions and clauses apply to this acquisition and are hereby incorporated by reference. All FAR clauses may be viewed at http://acquisition.gov/comp/far/index.html. All CAR clauses may be viewed at http://farsite.hill.af.mil/VFCARA.HTM.

Provisions

52.212-3 Offeror Representations and Certifications-Commercial Items

Offerors shall complete annual representations and certifications on-line at http://orca.bpn.gov in accordance with FAR 52.212-3 Offerors Representations and Certifications- Commercial Items. If paragraph (j) of the provision is applicable, a written submission is required.

52.225-25, Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran 52.225-18, Place of Manufacture 1352.209-70, Potential Organizational Conflict of Interest

Clauses

FAR 52.204-99 – System for Award Management (SAM) Registration (September 2012)(DEVIATION)

In accordance with FAR 52.204-99, the awardee must be registered in SAM (https://www.acquisition.gov) prior to award. Refusal to register shall forfeit award.

52.212-4 Contract Terms and Conditions—Commercial Items 52.212-5 II Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (APR 2010), including subparagraphs::

52.203-6, Restrictions on Subcontractor Sales to the Government;

52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards;

52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment;

52.209-10, Prohibition on Contracting with Inverted Domestic Corporations;

52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns;

52.219-6, Notice of Total Small Business Set-Aside;

52.219-8, Utilization of Small Business Concerns;

52.219-14, Limitations on Subcontracting;

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 Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans;

52.222-36, Affirmative Action for Workers with Disabilities;

52.222-37, Employment Reports on Veterans;

52.222-40, Notification of Employee Rights Under the National Labor Relations Act;

52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving;

52.225-1, Buy American Act – Supplies;

52.225-13, Restriction on Certain Foreign Purchases;

52.232-30, Installment Payments for Commercial Items;

52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration.

52.232-99, DEV Providing Accelerated Payment to Small Business Contractors

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)

1352.201-72 CONTRACTING OFFICER’S REPRESENTATIVE (COR) (APR 2010)

(a) ___TBD________ 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:

Phone Number:____________________ E-mail:____________________

(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)

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)

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)

1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

(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:

National Institute of Standards and Technology Building 223 100 Bureau Drive Gaithersburg, MD 20899-8520 (End of clause)

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984)

The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the Government installation. If the Contractor's failure to use reasonable care causes damage to any of this property, the Contractor shall replace or repair the damage at no expense to the Government as the Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price.

(End of Clause)

52.247-34 F.O.B. DESTINATION (NOV 1991)

(a) 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)

NIST LOCAL 04: BILLING INSTRUCTIONS

(a)The Contractor shall submit an original invoice or voucher in accordance with the payments provisions of this contract to:

NIST

Accounts Payable Office 100 Bureau Drive, Mail Stop 1621 Gaithersburg, MD 20899-1621 FAX Number: 301-975-8283 Email: invoice@nist.gov (b)Each invoice or voucher submitted shall include the following:

(1)Contract Number.

(2)Contractor Name and Address.

(3)Date of Invoice.

(4)Invoice Number.

(5)Amount of Invoice, and cumulative amount invoiced to-date.

(6)Contract Line Item Number (CLIN).

(7)Description, quantity, unit of measure, unit price, and extended price of supplies/services delivered.

(8)Prompt payment discount terms, if offered.

(9)Any other information or documentation required by the contract.

(END OF CLAUSE)

INSTRUCTIONS:

FAR 52.204-99 – System for Award Management (SAM) Registration (September 2012)(DEVIATION)

In accordance with FAR 52.204-99, the awardee must be registered in SAM (https://www.acquisition.gov) prior to award. Refusal to register shall forfeit award.

Due Date for Quotations

Offerors shall submit their quotations so that NIST receives them not later than 3:30 p.m. Eastern Time on July 5, 2013. FAX quotations shall not be accepted. E-mail quotations shall be accepted at kim.stavish@nist.gov. Offerors’ quotations shall not be deemed received by the Government until the quotation is entered into the e-mail address inbox set forth above.

Quotations shall be sent to the National Institute of Standards and Technology, Acquisition Management Division, Attn: Kim Stavish, 100 Bureau Drive, Stop 1640, Gaithersburg, MD 20899-1640. All offerors should ensure the RFP number is visible on the outermost packaging.

Because of heightened security, FED-EX, UPS, or similar delivery methods are the preferred method of delivery of quotations. If quotations are hand delivered, delivery shall be made on the actual due date through Gate A, and a 48 hour (excluding weekends and holidays) prior notice shall be provided to Kim Stavish, Contract Specialist at kim.stavish@nist.gov.

Addendum to FAR 52.212-1, Quotation Preparation Instructions

1) Price Quotation: The offeror shall submit an original and three copies of the completed price schedule. If the quotation is submitted electronically, additional copies are not required. The pricing quotation shall be separate from any other portion of the quotation. The offeror shall propose a firm-fixed-price, FOB Destination, for each CLIN. Price quotations shall remain valid for a period of 90 days from the date quotations are due.

2) Technical Quotation: The offeror shall submit an original and three copies of the technical quotation. If the quotation is submitted electronically, additional copies are not required. The technical quotation shall address the following:

Technical Capability: The offeror shall submit a technical description or product literature for the equipment it is proposing, which clearly identifies the manufacturer, make and model. The offeror must demonstrate that its proposed equipment meets or exceeds each minimum requirement described in the statement of work by providing a citation to the relevant section of its technical description or product literature. If applicable, evidence that the Offeror is authorized by the original equipment manufacturer to provide the item(s) in the quotation should be included.

Experience: The offeror shall demonstrate the extent to which it has recently manufactured, distributed, and installed similar equipment.

Past Performance: The offeror shall provide past performance information regarding relevant contracts over the past three (3) years with Federal, state, or local governments, or commercial customers. If the offeror intends to subcontract with another firm(s) for part of this requirement, that firm’s past performance information shall also be provided. If the offeror has no relevant past performance, it may include a statement to that effect in its quotation. The government reserves the right to consider data obtained from sources other than those described by the offeror in its quotation. It is recommended that approximately 3-5 contracts be referenced.

The description of each contract/order described in this section shall not exceed one half page in length. For each contract/order, the offeror shall provide the following information:

1. Contract number;

2. Description and relevance to solicitation requirements including dollar value;

3. Period of Performance – indicate by month and year the state and completion (or “ongoing”) dates for the contract;

4. Reference Contact – If a non-Government contract, identify the name and address of the client with current telephone number and email address of a point of contact of the client responsible for the contract;

5. Contracting Office – If a Government contract (Federal or state), identify the Procuring Contracting Officer (PCO), administrative Contracting Officer (ACO), and Contracting Officer’s Representative (COR), and their names, current telephone numbers and email addresses.

6. Problems Encountered – include information regarding information regarding any problems encountered on the contracts described above and corrective actions taken to resolve those problems.

Acceptance of Terms and Conditions: This is an open-market solicitation for 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 proposed 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.

PROPROSAL EVALUATION:

Evaluation Factors

Award shall be made to the offeror whose quotation offers the best value to the Government price and other factors considered. The Government will evaluate quotations based on the following evaluation criteria: 1) Technical Capability 2) Experience, 3) Past Performance, and 4) Price. All non-price factors, when combined, shall be more important than price. If all non-price factors are equivalent, price shall be the determining factor. The technical capabilities are the most important of the non-price factors; Experience and Past Performance are approximately equal to each other.

Technical Capability: No prototypes, demonstration models, used or refurbished instruments will be considered. Evaluation of technical capability shall be based solely on the information provided in the quotation. NIST will evaluate whether the offeror has demonstrated that its proposed equipment meets or exceeds all minimum requirements. Quotations that do not demonstrate the proposed equipment meets all requirements will not be considered further for award. If an offeror does not indicate whether its proposed equipment meets a certain minimum requirement, NIST will determine that it does not. NIST will give preference to offerors who demonstrate that their proposed equipment exceeds NIST’s requirements.

Experience: NIST will evaluate the extent of the offeror’s experience providing similar equipment. NIST will give preference to offerors who demonstrate they have experience delivering the same equipment they are proposing for the current requirement.

Past Performance: The Government will evaluate the Offeror's past performance information and, if appropriate, its proposed subcontractors' past performance to determine its relevance to the current requirement and the extent to which it demonstrates that the offeror has successfully completed relevant contracts in the past three (3) years. In assessing the offeror's past performance information, NIST will evaluate, as appropriate, successful performance of contract requirements, quality and timeliness of delivery of goods and services, cost management, communications between contracting parties, proactive management and customer satisfaction.. Evaluation of this factor will be based on information contained in the technical portion of the quotation and information provided by references. The Government will evaluate past performance information by contacting appropriate references, including NIST references, if applicable. The Government reserves the right to assess the past performance of proposed subcontractors. The Government will use its discretion to determine the sources of past performance information used in the evaluation and the information may be obtained from references provided by the offeror, the agency’s knowledge of contractor performance, other Government agencies or commercial entities, or past performance databases. The Government will assign a neutral rating if the offeror has no relevant past performance information.

Price: The Government will evaluate price for reasonableness.

Past Performance, Experience, and Price shall not be evaluated on quotations that are determined technically unacceptable under the Technical Capability Evaluation factor.

1352.233-70 AGENCY PROTESTS (APR 2010)

(a) An agency protest may be filed with either: (1) the contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 Fed. Reg. 16,651 (April 6, 1999)

100 Bureau Drive, MS 1640 Gaithersburg, MD 20899

(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: NIST/ACQUISITION MANAGEMENT DIVISION

ATTN: HEAD OF THE CONTRACTING OFFICE (HCO)

100 Bureau Drive, MS 1640 Gaithersburg, MD 20899

U.S. Department of Commerce Office of the General Counsel Mark Langstein, Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W.

Washington, D.C. 20230.

FAX: (202) 482-5858

1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

(a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed.

(b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims.

(c) Service upon the Contract Law Division shall be made as follows:

U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W.

Washington, D.C. 20230.

FAX: (202) 482-5858

(End of clause)