Synopsis_Solicitation.docx

FBO ANNOUNCEMENT: COMBINED SYNOPSIS/SOLICITATION

ACTION CODE: ˂COMBINED˃

CLASSIFICATION CODE: 66-Laboratory Equipment and supplies SUBJECT: Brand Name Only Gamma Vacuum Pumps, Cables and Controller

SOLICITATION NUMBER: SB1341-15-RQ-0258

DESCRIPTION:

THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS PREPARED IN ACCORDANCE WITH THE FORMAT IN FAR SUBPAT 12.6-STREAMLINED PROCEDURES FOR EVLAUATION 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 DOUCMENT 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-79)

1352.215-72 INQUIRIES (APR 2010)

Offerors must submit all questions concerning this solicitation in writing to the Contracting specialist within four (4) business days from issue. All responses to the questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, 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 333911 with a small business size standard of 500 employees.

***The National Institute of Standards and Technology is seeking to purchase Gamma Vacuum pumps, cables and controller***

BACKGROUND

The National Institute of Standards and Technology (NIST) requires ion pumps for a custom NIST designed Nanostencil and sample transfer ultra-high vacuum (UHV) systems. The Nanostencil and transfer system will be used to process samples for the advanced cryogenic scanning tunneling microscope in the CNST NanoLab. This is a resource accessible to researchers in the CNST and to outside users via collaboration to measure a wide range of physical properties of materials. Measuring the properties of new nanostructured materials is a critical part of the CNST mission. To fulfill this requirement, NIST requires a series of ion pumps to reach UHV pressures in these systems. The ion pumps must be interchangeable and compatible with the existing Gamma Vacuum ion pumps existing in UHV systems.

Brand Name Only Justification:

As part of the National Institute of Standards and Technology (NIST) research into Si-based quantum dot devices, NIST’s Center for Nano-Science Technology (CNST) has a requirement for Gamma Vacuum pumps, cables and controller. The Nanostencil and transfer system will be used to process samples for the advanced cryogenic scanning tunneling microscope in the CNST NanoLab. This is a resource accessible to researches in the CNST and to outside users via collaboration to measure a wide range of physical properties of materials. Measuring the properties of new nanostructured materials is a critical part of the CNST mission. To fulfill this requirement NIST requires a series of ion pumps to reach UHV pressures in these systems. The ion pumps must be interchangeable and compatible with the existing Gamma Vacuum ion pumps existing in the CNST UHV systems. Compatibility is required so if a pump unit fails, another pump, controller, cable, or electrical board can be interchanged with it to meet critical vacuum requirements for experiments to meet program goals, and to meet safety requirements to ensure vacuum integrity in cryogenic systems, which can overpressure if vacuum is suddenly lost. Compatibility is also required so existing spare parts and accessories can be used.

The current UHV systems in use are custom designed systems by NIST staff and have all been fabricated incorporating Gamma Vacuum Ion Pumps and Controllers. The technology and design of the Gamma Ion Pumps are proprietary and only Gamma Ion Pumps are capable of an exact drop in replacement in addition to ensuring full compatibility and interchangeability with the custom built UHV Systems.

NIST cites authority of FAR 6.302-1(b)(1)(i) as primary rationale for Brand Name Only Determination.

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.

***All interested Contractors shall provide a quote for the following:

PRICE SCHEDULE

Item 1: Gamma Vacuum PN: 400L-DI-8D-SC-220-TSPC Quantity one (1) Description: 400L Ion Pumps including: Element Style: TiTan DI Port Options: (2) 8 CFF HV Feedthrough: SAFECONN Heater Voltage: 208-240 volt TSP/NEG: TSP and Cryoshroud Item 2: Gamma Vacuum PN: 25S-DI-2V-SC-220-N Quantity (2) Description: 25S Ion Pumps including: Element Style: TiTan DI Port Options: Vertical, 2.75 CFR HV Feedthrough: SAFECONN Heater Voltage: 208-240 volt TSP/NEG: None Item 3: Gamma Vacuum PN: 800LX-CV-10D-SC-220-TSPC Quantity (2) Description: 800LX Ion Pumps including: Element Style: TiTan CV Port Options: 10 / 8 CFF HV Feedthrough: SAFECONN Heater Voltage: 208-240 volt TSP/NEG: TSP and Cryoshroud

Item 4: Gamma Vacuum PN: 300L-CV-8D-SC-220-TSPC Quantity (5) Description: 300L Ion Pumps including: Element Style: TiTan CV Port Options: (2) 8 CFF HV Feedthrough: SAFECONN Heater Voltage: 208-240 volt TSP/NEG: TSP and Cryoshroud Item 5: Gamma Vacuum PN: MPC-2-P-S-2-US110-E-H-DTSP Quantity (3) Description: MPC Controller including: HV Channels: Two HV Channels HV Polarity: Postive (CV/DI) Connector Style: 10kV SHV (SAFECONN) Connections/Channel: Two Outputs Input Voltage: 110-volt, US Communications: Ethernet Remote Enable: Installed TSP/NEG Control: Dual Remote TSP Control Item 6: Gamma Vacuum PN: SAFECONN Cable-SCP-SC6-SC Quantity (10) Description: SAFECONN Cable Accessories including: Controller Conn: SAFECONN SC Cable Length: 6m Pump Connector: SAFECONN

Item 7: Gamma Vacuum PN: 381003 Quantity (6) Description Cable from Remote TSP to Ion Pump, TSP H-C,MS-HC3-MS Cable length: 3m Item 8: Qty(3) Gamma Vacuum PN: 380050 Description Cable TSP/NEG Control Cable length: 6m

Item 8: Gamma Vacuum PN: 380050 Quantity (3) Description Cable TSP/NEG Control Cable length: 6m

Warranty The contactor shall warrant the pumps for at least one (1) year on parts and labor Delivery Delivery shall be FOB Destination and shall occur not later than three (3) months ARO. Delivery shall occur not later than three (3) months after receipt of order. FOB Destination means: The contractor shall pack and mark the shipment in conformance with carrier requirements, deliver the shipment in good order and condition to the point of delivery specified in the purchase order, be responsible for any loss of and/or damage to the goods occurring before receipt and acceptance of the shipment by the consignee at the delivery point specified in the purchase order; and pay all charges to the specified point of delivery. The contractor shall deliver all Line Items to:

The National Institute of Standards and Technology 100 Bureau Drive, Building 301 Shipping and Receiving Gaithersburg, MD 20899-1640

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

Provisions 52.204-7 – System for Award Management 52.212-1 – Instructions to Offerors-Commercial Items 52.212-3 – Offerors Representations and Certifications-Commercial Items Clauses 52.204-13 – System for Award Management 52.212-4 – Contract Terms and Conditions-Commercial Items 52.212-5 – Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items; Alternate I and Alternate II 52.222-50 – Combatting Trafficking in Persons (FEB 2009)(22 U.S.C.7104(g)) 52.233-3 – Protest After Award (AUG 1996) (31 U.S.C. 3553) 52.233-4 – Applicable Law for Breach of Contract Claim 52.222-3 – Convict Labor (June 2003)(E.O. 11755) 52.222-19 – Child Labor – Cooperation with Authorities and Remedies (Jan 2014)(E.O. 13126) 52.222-21 – Prohibition of Segregated Facilities (Feb 1999) 52.222-26 – Equal Opportunity (Mar 2007)(E.O. 11246 52.222-36 – Equal Opportunity for Workers with Disabilities (Jul 2014)(29 U.S.C. 793) 52.223-18- Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011)(E.O 13513) 52.225-3 – Buy American Free Trade Agreements Israeli Trade Act Certificate Alternate I 52.225-13 – Restrictions on Certain Foreign Purchases (June 2008)(E.O.’s, proclamations, and statues administered by the Office of Foreign Assets Control of the Department of the Treasury 52.232-33 – Payment By Electronic Funds Transfer – System for Award Management (Jul 2013) 931 U.S.C. 3332) 52.225-25 – Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran – Representations and Certifications 52.232-39 – Unenforceability of Unauthorized Obligations 52.232-40 – Providing Accelerated Payments to Small Business Contractors 52.247-34 – FOB Destination

The following provisions and clauses apply to this acquisition and are hereby incorporated by reference. All CAR clauses may be viewed at http://www.ecfr.gov 1352.201-70 – Contracting Officers Authority 1352.209-73 – Compliance with the Laws (APR 2010) 1352.246-70 – Place of Acceptance 1352.209.74 – Organizational Conflict of Interest

NIST LOCAL-04 Billing Instructions –

(a) NIST prefers electronic Invoice/Voucher submissions and they should be emailed to 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.

(c) In the event electronic submissions are not used, The Contractor shall submit an original invoice or voucher in accordance with the payment provisions of this contract to: NIST: Accounts Payable Office 100 Bureau Drive, Mail Stop 1621 Gaithersburg, MD 20899-1621 (End of clause)

INSTRUCTIONS:

System for Award Management, SAM In accordance with FAR 52.204-7, the awardee must be registered in the system for award management (www.sam.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 12:00 PM Eastern Standard Time on April 03, 2015. FAX quotations shall not be accepted. E-mail quotations shall be accepted at ranae.armstrong@nist.gov. Please reference the RFQ number in the subject line of email communications. Offerors’ quotations shall not be deemed received by the Government until the quotation is entered in the e-mail box set forth above.

Quotations shall be sent to the National Institute of Standards and Technology, Acquisition Management Division, Attn: Ranae Armstrong, 100 Bureau Drive, Mail Stop 1640, Gaithersburg, MD 20899-1640. All offerors should ensure the RFQ 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 quotes. If quotes 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 Ranae Armstrong, Contract Specialist on 301-975-8088.

Addendum to FAR 52.212-1, Quotation Preparation Instructions

1) Price Quotation: The offeror shall submit an original and one copy of the completed priced 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. Contractor shall state warranty coverage. 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 one copy of the technical quotations. 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 and part number. The offeror must demonstrate that is proposed equipment meets 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 manufacturer to provide the items in the quotation shall be included.

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 shall include one of the following statements:

“The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition”

OR

“The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following: Offeror shall list exception(s) and rationale for the exception(s) Note: This procurement is not being conducted under the GSA Federal Supply Schedule (FSS) program or another Government-Wide Area Contract (GWAC). If an offeror submits a quotation based upon an FSS or GWAC contract, the Government will accept the quoted price. However, the terms and conditions stated herein will be included in any resultant Purchase Order, not the terms and conditions of the offeror’ s FSS or GWAC contract, and the statement required above shall be included in the quotation.

QUOTATION EVALUATION:

Evaluation Award shall be made to the vendor that provides the lowest priced, technically acceptable quote. Technical acceptability means that the quote meets all of the stated minimum specifications.

Price: The Government shall evaluate price for reasonableness Non-Governmental Acquisition Support The Government may utilize non-Governmental acquisition support for processing of quotations submitted in response to this solicitation. These individual(s) will have access to the quotation information and will be assisting the Contracting Officer in the procurement process by performing services including, but not limited to, preparing the quotations for submission to the technical evaluators, performing past performance checks, and preparing award documents. The non-Governmental acquisition support will not conduct technical evaluations of any quotation and will not be involved in the final decision as to the awardee under this procurement.

Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2014)

(1) In accordance with Sections 536 and 537 of Division B of Public Law 113-76 Consolidated Appropriations Act, 2014, none of the funds made available by Consolidated Appropriations Act, 2014 funding may be used to enter into a contract with any corporation that-

(a) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government, or

(b) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(2) The Offeror represents that, as of the date of this offer-

(a) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(b) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

(End of provision)

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 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)