NB643060-13-02782_Combined_Synopsis_FINAL.docx

CLASSIFICATION CODE: 66- Laboratory Equipment and Supplies

SUBJECT: Plane Mirror M2 for the NIST NSLS-II Varied Line Spacing Plane Mirror Grating Monochromator

SOLICITATION NUMBER: SB1341-13-RQ-0445

RESPONSE DATE: August 6, 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.

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) 2005-68.

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 requirement is unrestricted and all interested vendors may submit a quotation.

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) Each, Plane Mirror M2 for NIST NSLS-II Varied Line Spacing Plane Mirror Grating Monochromator.

· 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 and test one (1) Plane Mirror M2 for NIST NSLS-II Varied Line Spacing Plane Mirror Grating Monochromator, in accordance with the statement of work below.

Note: The Plane Mirror M2: For NIST NSLS-II Varied Line Spacing Plane Mirror Grating Monochromator (VLSPGM) must be constructed compatible with NIST's existing FMB Berlin VLSPGM (see drawing attached).

B. Background

The National Institute of Standards and Technology (NIST) and the Department of Energy (DOE) have a 30 year ongoing partnership at the National Synchrotron Light Source (building to NSLS-II) developing advanced synchrotron measurement methods and delivering excellence in material science impacting important societal challenges in energy, health, environment, and national security improving our quality of life. The NSLS-II shall enable NIST to develop, apply and disseminate synchrotron measurement science and technology to the U.S. industry to measure nanoscale electronic, chemical and spatial structure of advanced materials. These advanced materials include multilayers, nanotubes, nanoparticles and thin films. The partnership between NIST and DOE promotes innovation and enhances U.S. industrial competiveness for inorganic and organic semiconductors, photovoltaics, SAMs, biological and environmental materials, batteries, catalysts, fuel cells, polymers, superconductors, ferroelectrics, and ferromagnets. Located at the NSLS, in Upton, NY, the NIST Synchrotron Methods Group of nine operates a suite of three state-of-the-art spectroscopy beamlines (U7A, X24A, and X23A2) that span the entire absorption-edge energy range of the periodic table to establish structure function relationships in advanced materials. More than 200 industry and academic researchers each year use the NIST Beamline Suite to accelerate the development of new materials into devices and systems with advanced functionality for a broad spectrum of industries. Building upon this success, NIST shall establish an NSLS-II spectroscopy suite of three state-of-the-art high throughput beamlines (with X-ray Diffraction capability); Soft and Tender X-ray Spectroscopy and Microscopy (SST - 100 eV to 7.5 keV canted sources) and Hard X-ray Absorption Spectroscopy and Diffraction (Beamline for Materials Measurement – BMM - 4.5 keV to 40 keV three-pole wiggler source). Taken together, the NIST NSLS-II Spectroscopy Beamline Suite shall be capable of measuring the electronic, chemical, and structural properties of almost any material, often at the nanoscale.

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) Each, Plane Mirror M2 for NIST NSLS-II Varied Line Spacing Plane Mirror Grating Monochromator.

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

Note 1: The Plane Mirror M2: For NIST NSLS-II Varied Line Spacing Plane Mirror Grating Monochromator (VLSPGM) must be constructed compatible with NIST's existing FMB Berlin VLSPGM (see drawing attached)

Note 2: Manufacture of the subject optic includes the silicon substrate material as well as the metal material for water inlet and outlet.

1. Description: Flat Polished on One Surface, Internally Cooled Silicon Mirror (see drawing attached)

2. Material: Single Crystal Silicon

3. Dimension: 350mm Length x 50mm Width x 70mm Thick (+/-0.4mm on all dimensions) plus two metal water fittings that are bonded on a surface adjacent to the reflective surface.

4. Polished Area: 350mm Long x 50mm Wide minus edge bevels (centered to within +/-0.5mm)

5. Clear Aperture: 280mm Long x 30mm Wide

6. Tangential Slope Error: 0.2ur RMS on clear aperture with >30Km radius removed. The measurement shall be made using a Zygo interferometer on the full clear aperture area. The resolution of this measurement shall be approximately 2mm.

7. Sagittal Slope Error: 2ur RMS on clear aperture with >3Km radius removed. The measurement shall be made using a Zygo interferometer on the full clear aperture area. The resolution of this measurement shall be approximately 2mm.

8. Texture: 0.3nm RMS. The measurements shall be made using a Zygo Maxim with a 40X objective yielding a pixel resolution of 0.9um (averaged 3 times for a final resolution of 2.76um) and a field size of 0.25mm x 0.25mm. Seven uniformly distributed sites along the centerline shall be measured.

9. Coating: (3 Stripes: Nickel, Gold, and Carbon) 30nm +/-3nm of Gold on approximately 10nm of Platinum binder as the center stripe. This stripe shall be approximately 10mm wide and cover the full length of the mirror. The Nickel and Carbon stripes shall be on each side of the Gold stripe. These shall also cover the full mirror length and shall cover from + and – 5mm from the center (width direction) to within 5mm or less of the mirrors edge (width direction). The Nickel shall be deposited on 10nm of Platinum and the Carbon shall be deposited directly on the polished silicon surface.

10. Non-reflecting surfaces: Fine ground or polished at the discretion of the Contractor.

11. Edge Bevels: Approximately 0.5mm

12. Special Features: There are two mount grooves.

13. Cooling Details: 15 channels, each of which are 5mm tall by 1mm wide with 1mm lands in-between (2mm period) running linearly along the length to within 15mm (25mm from each end having constant Hot Wall thickness) of each end. The Hot Wall thickness is 1mm. There shall be a vacuum guard surrounding both the cooling channels and the inlet/outlet metal fittings. Helium leak testing, proof pressure testing, and flow testing shall be performed on the mirror. The helium leak rate shall not exceed 1x 10-9 std. cc/sec of He. Proof pressure shall be at 10 bars. Flow testing shall be up to 2 gpm with pressure drop recorded.

14. Metrology: A hard copy metrology color report shall be delivered with the optic.

15. Packaging: A custom cover assembly shall be fitted to the optic. The assembly shall be bagged and purged with dry nitrogen, and fitted into a custom foam-lined carrying case. The carrying case shall be fitted into a custom foam-lined wooden crate.

16. Drawing: Contractor shall provide an interface drawing within one month of contract award for customer review and approval.

17. Monthly reports: Shall be delivered to the Contracting Officer’s Representative (COR), via email, by the 7th of each month.

Manufacturing: Prior to commencement of the manufacturing stage, the Contractor shall submit the appropriate designs/drawings to NIST’s Contracting Officer’s Representative (COR) for comment/approval. Please refer to CAR clause 1352.271-83 in full text below.

1352.271-83 Government Review, Comment, Acceptance and Approval (APR 2010)

(a) Documentation, including drawings and other engineering products and reports, required by the contract to be submitted for review, comment, acceptance or approval will be acted upon by the Government within 30 calendar days after receipt by the Government, unless another period of time is specified.

(b) The Government shall respond to Condition Reports, as defined in the Specifications, within five (5) working days, unless the Government notifies the contractor that a longer period of time will be required. If the contractor requests a response in less than five (5) working days, the Government will attempt to accommodate the request, but does not guarantee a response in less than the time limits stated above.

(c) Review, comment, acceptance or approval by the Government as required under this contract and applicable specifications shall not relieve the contractor of its obligation to comply with the specifications and with all other requirements of the contract, nor shall it impose upon the Government any liability it would not have had in the absence of such review, comment and acceptance or approval.

(End of clause)

Express Warranty The contractor shall warrant the entire system for a period of at least one (1) year 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.

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 c/o Brookhaven National Laboratory National Synchrotron Light Source Stockroom, Bldg 725 Upton, NY 11973

GOVERNMENT FURNISHED PROPERTY: All material and equipment provided by the Government in the performance of this contract remains the property of the Government and shall be surrendered to the government upon completion or termination of this requirement. Likewise, all deliverables and data generated under this contract remain the property of the Government. Government furnished equipment shall be provided in an as-is condition and in working condition. Upon contract award, the Government shall provide the Contractor with access to the Brookhaven National Laboratory campus.

STANDARDS FOR ACCEPTANCE OF DELIVERABLES: The NIST Contracting Officer’s Representative (COR) and NIST Task Manager shall provide comments on each deliverable within ten (10) calendar days from receipt of a given deliverable. The Contractor shall make any needed changes to the deliverables within 7 calendar days from receipt of electronic or written comments from the NIST COR or NIST Task Manager. The NIST COR shall provide written notification when deliverable is accepted.

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.

1. Factory Acceptance Test: The system shall be inspected and tested at the Contractor’s facility to show full compliance with the specifications described herein. The Contractor shall notify NIST at least 60 days prior to the commencement of tests in order that NIST personnel may witness the tests if desired. Certified inspection and test results shall be furnished to and approved by NIST prior to shipment. At least 45 days prior to the commencement of tests at the Contractor’s plant, the Contractor shall submit a detailed description of proposed inspection and final test procedures.

2. On-site Acceptance: NIST will inspect the system at Brookhaven National Laboratory, Upton, NY, within two weeks of arrival at BNL. Upon delivery, and again during unpacking, NIST will inspect for shipping damage and lost or missing equipment.

Contractor's Minimum Qualifications

The Contractor shall have at least seven (7) years of manufacturing, the same or similar mirror systems described in this statement of work.

The Contractor shall provide the following key personnel who meet the minimum qualifications:

1. Project Manager: The Project Manager shall be a Project Management Professional (PMP) that was certified by the Project Management Institute. The Project Manager shall also have at least five (5) years of experience working with the same or similar type of mirror systems in Synchrotron instruments.

2. Project Team personnel: Project Team personnel shall have at least three (3) years of experience working on project teams on efforts of the same or similar complexity as what is required.

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::

52.204-10, 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;

52.222-3, Convict Labor;

52.222-19 Child Labor – Cooperation With Authorities And Remedies;

52.222-21, Prohibition of Segregated Facilities;

52-222-26, Equal Opportunity;

52.222-36, Affirmative Action for Workers with Disabilities;

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

52.225-3, Buy American Act—Free Trade Agreements;

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.

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)

1352.237-75 KEY PERSONNEL (APR 2010)

(a) The contractor shall assign to this contract the following key personnel:

Project Manager (Name) ______________________ Project Team Personnel(Name(s))______________________

(b) The contractor shall obtain the consent of the Contracting Officer prior to making key personnel substitutions. Replacements for key personnel must possess qualifications equal to or exceeding the qualifications of the personnel being replaced, unless an exception is approved by the Contracting Officer.

(c) Requests for changes in key personnel shall be submitted to the Contracting Officer at least 15 working days prior to making any permanent substitutions. The request should contain a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. The Contracting Officer will notify the contractor within 10 working days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes.

(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:

c/o Brookhaven National Lab National Synchrotron Light Source Stockroom, Bldg 725 Upton, NY 11973 (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 (http://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 August 6, 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, in accordance with the qualifications identified in the “Contractor Minimum Qualifications.”

Key Personnel Experience: The Offeror shall provide the resumes of its proposed key personnel that meet the qualifications identified in the “Contractor Minimum Qualifications” section of the SOW. A description of the key personnel’s specialized experience performing all tasks is to be included in the quotation. Include a list of past contracts, reports and other documentation that provides objective and documentary evidence of the specialized experience in all tasks. Ensure to include all personnel that will be utilized. The personnel listed in the quotation and incorporated into the resulting contract should remain unchanged for the life of the contract (see clause, 1352.237-75 Key Personnel). No additions or replacements will be allowed without substantial justification. Each resume shall not exceed three (3) pages. Each resume shall demonstrate the proposed key personnel’s ability to perform the role for which they are being proposed and their experience in delivering services in the areas generally described in the SOW. Resumes shall include the following information:

1. Full Name

2. Education

3. Chronological Work Experience

4. Narrative describing relevance of work experience to current requirement.

Past Performance: The offeror shall provide past performance information regarding relevant contracts over the past five (5) 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) Key Personnel Experience, 4) 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.

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.

Key Personnel Experience: NIST will evaluate the resume of the Offeror’s proposed key personnel to determine the extent to which they have performed work similar to the current requirement; and the extent to which their education, training, qualifications and experience indicate that they will successfully perform the roles in accordance with the statement of work.

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 five (5) 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)