FINALSOLICITATION.pdf

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) 2005-82.

1352.215-72 INQUIRIES (APR 2010)

Offerors must submit all questions concerning this solicitation in writing to Lynda.Roark@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.

BACKGROUND:

The Department of Commerce and the National Institute of Standards and Technology have developed a major national user facility for neutron scattering. The facility provides sixteen scattering instruments for use by researchers for the study of materials.

The NIST Center for Neutron Research (NCNR) is continuously addressing the challenge of providing new capabilities to satisfy the scientific needs of the user community. One critical aspect of the capabilities is the equipment that is used at the instrument to change/alter the samples environments. The equipment covers areas like cryogenic temperatures, magnetic fields and many others.

mailto:Lynda.Roark@nist.gov

The NCNR has a requirement for a lightweight, high-field split-coil electromagnet wound with superconducting wire for polarized beam neutron scattering experiments on reflectometers at the NCNR. This magnet will allow users to study the magnetic structure of thin films in significantly higher applied magnetic fields than is currently possible.

INTRODUCTION:

The contractor shall furnish the necessary personnel, material, equipment, and services to fabricate, install and test one High-Field Split-Coil Electromagnet.

LINE ITEM 0001, Quantity of one (1), High-Field Split-Coil Electromagnet, meeting or exceeding the following minimum requirements: (All items must be new. Used or refurbished instruments shall not be considered for award)

MINIMUM REQUIREMENTS:

1. TECHNICAL SPECIFICATIONS:

A. Mechanical

a. Mass: less than 200 kG

b. Total width of magnet along beam direction: less than 450 mm

c. Total width of magnet transverse to beam direction (horizontal plane): less than 1m.

d. Total height of magnet transverse to beam direction (vertical plane): less than 1m.

e. Magnet must be supplied with means to attach to goniometer table (e.g. holes for screw mounting). Goniometer table has 4 through holes drilled for 5/16-18 socket caphead screws. Hole pattern is square, with 23 cm center-to-center between each hole.

f. Distance from bottom most face of device to center point between poles (sample position) must be less than 152 mm.

g. Pole gap: at least 52 mm

h. Access port for horizontal neutron beam: at least 52 mm high (i.e. distance between coils) x 150 mm wide.

i. Sample access port: at least 52 mm in diameter, positioned at 90 degrees in the horizontal plane with respect to the beam direction.

j. Four ¼”-20 tapped holes around the sample access port for attaching of sample holders.

k. Magnet must be compatible with the mechanism of mounting of a closed-cycle refrigerator sample can. Specifically, the closed-cycle refrigerator is suspended from an x-95 optical rail that is mounted to the top of the magnet. The rail / magnet mounting is done via an x-95 slide that is screwed to the magnet with ¼”-20 screws. Attached “beamlinesetup.pdf” shows how the mounting is done for a standard electromagnet.

l. Cooling of the coils must be done in a closed-cycle fashion (i.e. cryogen free).

2. Magnetic:

a. Vertical field

b. Maximum field: at least 3 T

c. Field uniformity over 20 mm x 20 mm sample area: better than 10%

d. Stray field at maximum operating field: less than 5 G at approximately 1 m distance.

3. Communications:

a. An open protocol for communication between power supplies and external control computers (no proprietary libraries required).

4. Electrical:

a. System must be able to operate using one or more of the following available electrical services:

i. 208 Volt/ 3-phase/ 30 Amp/60 Hz with NEMA L21-30 receptacle;

ii. 230 Volt/ 1-phase/ 30 Amp/60 Hz with NEMA L7-30 receptacle; or

iii. 120 Volt/ 1-phase/ 20 Amp/60 Hz with NEMA 5-20 receptacle.

b. The system must operate correctly with voltages within +/- 10% of the nominal electrical service

All offerors shall provide a quotation for the following line items:

LINE ITEM 0002: Installation:

The system shall be installed by the Contractor and meet contract specifications no later than two 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 NIST, Gaithersburg, MD- Building 235.

LINE ITEM 0003: Training

The contractor shall conduct one (1) training session for up to six (6) users at NIST. The training shall provide a thorough demonstration of all system/solution functions, maintenance, data administration, and basic troubleshooting. The training may be completed at NIST immediately after installation/set-up and on-site measurements demonstrating that no damage or misalignment issues arose during transportation and installation, but shall be completed no later than 30 days after installation.

Express Warranty

The contractor shall warrant the entire system for a period of at least one year. The warranty must 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.

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.

The following tests shall be performed within 2 weeks after receipt of instrument:

1. The Government shall confirm the magnet is compatible with mounting on the beamline with appropriate sample environment (as described above);

2. The Government shall run the magnet over full range of fields, confirm that 3T is achievable, with appropriate uniformity over 20 mm x 20 mm sample area;

3. Confirm the fringe fields are as specified by the OEM.

Deliverables:

Deliverable 1: The Contractor shall provide 100 percent complete mechanical drawings and interface specifications for Government review not later than 4 months after receipt of the order.

The draft design shall be evaluated by the Government Technical Point of Contact within 3 weeks from receipt of the draft and provide a response indicating either acceptance or revisions required.

Deliverable 2: The Contractor shall provide a Stray Field Test- i.e. determination of the radial and axial 5 G line, not later than 11 months after receipt of order. The test shall be evaluated by the Government Technical Point of Contact within 3 weeks from receipt of the draft and provide a response indicating either acceptance or revisions required.

Deliverable 3. The Contractor shall provide a Magnetic Field Test versus Current Test not later than 11 months after receipt of order. The test shall be evaluated by the Government Technical Point of Contact within 3 weeks from receipt of the draft and provide a response indicating either acceptance or revisions required.

Deliverable 4: The Contractor shall deliver the completed manufactured and tested Magnet with power supplies not later than 12 months after acceptance of the 100 percent final design.

Delivery term shall be FOB Destination. 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 the items to NIST, BLD 301, Shipping and Receiving, Gaithersburg, MD 20899.

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.

Those marked with an asterisk are provided in full text in Attachment 1.

Provisions

52.212-1, Instructions to Offerors-Commercial Items 52.212-3 Offeror Representations and Certifications-Commercial Items 52.204-7, System for Award Management 52.204-8, Annual Representations and Certifications 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation 52.209-5, Certification Regarding Responsibility Matters 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate

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.

Clauses

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)--ALTERNATE II (APR 2010)—Commercial Items including subparagraphs:

52.202-1: Definitions;

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

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards 52.204-13 System for Award Management Maintenance 52.209-6, Protecting the Government’s Interests when SubContracting with Contractors Debarred, Suspended, or Proposed for Debarment 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations 52.223-18, Contractor Policy to Ban Text Messaging while Driving 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns 52.219-8, Utilization of Small Business Concerns 52.219-28, Post Award Small Business Program Representation 52.222-3, Convict Labor;

52.222-19 Child Labor – Cooperation with Authorities and Remedies;

52.222-21, Prohibition of Segregated Facilities;

52-222-26, Equal Opportunity;

52.222-35, Equal Opportunity for Veterans, 52.222-36, Affirmative Action for Workers with Disabilities;

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

52.222-37, Employment Reports for Veterans, 52.222-50, Combating Trafficking in Persons 52.223-18, Contractor Policy to Ban Text Messaging while Driving 52.225-13 Restriction on Certain Foreign Purchases;

52.225-25 Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran-Representation and Certification 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act 52.232-33 Payment by Electronic Funds Transfer-System for Award Management 52.232-40, Providing Accelerated Payments to Small Business SubContractors 52.232-39 Unenforceability of Unauthorized Obligations

52.247-34 F.O.B. Destination

1352.271-83 Government Review, Comment, Acceptance, And Approval

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 as indicated above, after receipt by the Government.

(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, if applicable.

(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)

1352.201-70 Contracting Officer’s Authority 1352.209-73 Compliance with the Laws

1352.246-70 Place of acceptance.

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:

NIST

100 Bureau Drive

Gaithersburg, MD 20899 (End of clause)

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)

(b) Agency protests filed with the Contracting Officer shall be sent to the following address:

NIST/ACQUISITION MANAGEMENT DIVISION

ATTN: Patrick Staines, CONTRACTING OFFICER

100 Bureau Drive, MS 1640

(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

(d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority.

(e) 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

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)

Assurance by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law {Class Deviation) (February 2015)

(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 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 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) By accepting this award or order, in writing or by performance, the offeror/contractor assures that -

(a) The offeror/contractor is not a corporation convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(b) The offeror/contractor 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)

Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements—Representation (FEB 2015) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(End of provision)

Due Date for Quotations

Offerors shall submit their quotations so that NIST receives them not later than 03:30 pm Eastern on June 12, 2015 FAX quotations shall not be accepted. E-mail quotations shall be accepted at Lynda.Roark@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: Lynda Roark, 100 Bureau Drive, 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 Lynda Roark, Contract Specialist on 301-975-3725.

Addendum to FAR 52.212-1, Quotation Preparation Instructions

1) Price Quotation: The offeror shall submit an original and four 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 is required, 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 one copy 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. The Offerors shall acknowledge that NIST will not store the equipment onsite before it is installed.

3). Acceptance of Terms and Conditions (Addendum to FAR 52.212-1(b) (11)): 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 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 Factors

Award shall be made to the offeror whose quotation is determined to be technically acceptable, meaning the quotation and subsequent product literature or technical descriptions submitted demonstrated that the proposed equipment meets or exceeds all listed requirements within this solicitation, and is lowest priced. The Government will evaluate quotations based on the following evaluation criteria: 1) Technical Capability and 2) Price.

Technical Capability: No prototypes, demonstration models, used or refurbished instruments will be considered. Evaluation of technical capability shall be based 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.

Price: The Government will evaluate price for reasonableness.

All offerors shall provide a quotation for the following line items: