RFQ_SB134115RQ0526.pdf

CLASSIFICATION CODE: 66- Laboratory Equipment and Supplies

SUBJECT: BRAND NAME OR EQUAL: Two (2) Fianium SC400-4 Supercontinuum Laser

Sources

SOLICITATION NUMBER: SB1341-15-RQ-0526

RESPONSE DATE: June 22, 2015

CONTACT POINTS: Paula Wilkison, Contract Specialist (301) 975-8448

Harry Brubaker, Contracting Officer, (301) 975-8330

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 2005-82, effective May 7, 2015.

1352.215-72 INQUIRIES (APR 2010)

Offerors must submit all questions concerning this solicitation in writing to the Contracting

Officer. Questions should be received no later than ten 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 333314 with a small business size standard of 500 employees. This requirement is unrestricted and all interested Offerors may submit a quotation.

All Offerors shall provide a quotation for the following line item:

Line Item 0001: Two (2) Fianium SC400-4 Supercontinuum Laser Sources, or EQUAL

Introduction

The contractor shall furnish the necessary personnel, material, equipment, and services to fabricate and deliver two supercontinuum laser sources.

Background

The National Institute of Standards and Technology (NIST)/Center for Nanoscale Science and

Technology (CNST) enables science and industry by providing essential measurement methods, instrumentation, and standards to support all phases of nanotechnology development, from discovery to production. The Nanofabrication Research Group within the CNST is currently conducting several optical spectroscopy and microscopy measurements that require the use of a high-power, broad spectrum supercontinuum laser. A second identical system is required for future planned experiments. It is required that these two systems be identical, so that they can be used interchangeably in case of malfunctions, and that current and future experiment automation software work identically on both systems.

Line Item 0001: Quantity two (2) Fianium SC400-4 Supercontinuum Laser Sources, or

EQUAL, meeting or exceeding the following salient characteristics.

This is a brand name or equal requirement. Brand name or equal description is intended to be descriptive, but not restrictive and is to indicate the quality and characteristic of products that will be considered satisfactory to meet the agency’s requirement.

All items must be new. Prototypes, demonstration models, used or refurbished instruments will not be considered for award.

Salient Characteristics:

1) System shall be a broadband supercontinuum fiber laser source with an output that is a single spatial mode across its entire output spectrum.

2) Total power across the full supercontinuum spectrum shall be at least 4 Watts

3) Total power in the 400 nm to 850 nm wavelength range shall be equal or superior to 800 mW

4) Spectral range shall include the region between 400 nm and 2200 nm (or wider). Systems with larger spectral coverage towards the blue-UV end of the spectrum will be given preference

5) Spectral power density in the region between 400 nm and 2000 nm shall be greater than 1.0 mW/nm

6) Preference will be given to systems where the amplitude of the spectral emission spike around 425 nm - 475 nm (typical of such systems) is comparable to desired average spectral power density (approx. 1-2 mW / nm) – thereby producing a flatter spectral output

7) Fundamental repetition rate shall be 20 MHz or greater

8) Fundamental pulse width shall be less than 10 ps

9) System shall come with an output beam collimator

10) System shall have two synchronization (sync) trigger outputs, one that is NIM or TTL compatible, and one that is a monitor photodiode for the oscillator

11) The NIM or TTL compatible trigger output shall have a timing jitter that is less than 50 ps

12) The system shall provide adjustable trigger delay capability, with at least up to 8 ns total delay possible, with a resolution better than 20 ps.

13) System shall be controllable either directly from the front panel (e.g., through a touchscreen interface) or a computer via USB, Ethernet, or GPIB.

14) System shall be complete, and not require any additional control electronics or cooling

15) System shall not require any user optical alignment for generation of the supercontinuum

Trade-In

NIST is offering for trade in its existing Fianium SC-450 laser, NIST property tag 632436, which is currently in inoperable condition. Offerors interested in taking the laser as a trade-in, giving credit against the price of the new lasers quoted, shall indicate the credit as a line item on their price quotation.

Express Warranty

The Contractor shall provide a minimum one year warranty.

Inspection and Acceptance

An inspection period of thirty days is required for these instruments.

Delivery

FOB Destination delivery terms are required, and shall take place in accordance with the

Contractor’s commercial schedule.

FOB Destination: 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, Building 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 and CAR provisions and clauses may be viewed in full text at http://farsite.hill.af.mil/.

http://farsite.hill.af.mil/

Provisions

52.204-7, System for Award Management

52.212-1, Instructions to Offerors-Commercial Items

52.212-3 Offeror Representations and Certifications-Commercial Items

52.225-18, Place of Manufacture;

52.225-25, Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran;

Offerors shall complete annual representations and certifications on-line at www.sam.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.

52.203-98, Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements—Representation (DEVIATION 2015-02)

Prohibition on Contracting with Entities that Require Certain Internal Confidentiality

Agreements—Representation (FEB 2015)

(a) 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)

Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a

Felony Conviction Under Any Federal Law (Class Deviation) (March 2015)

(1) In accordance with Sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by the Consolidated and Further Continuing Appropriations Act, 2015 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 an 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)

Clauses

52.204-13, System for Award Management Maintenance

52.211-6, Brand Name or Equal

52.212-4, Contract Terms and Conditions—Commercial Items

52.232-39, Unenforceability of Unauthorized Obligations

52.232-40, Providing Accelerated Payments to Small Business Subcontractors

52.233-3, Protest After Award

52.247-34, FOB Destination

52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive

Orders—Commercial Items—Commercial Items including subparagraphs:

52.204-10, Reporting Executive Compensation;

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;

52.219-28, Post Award Small Business Program Re-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;

52.222-36, Affirmative Action for Workers with Disabilities;

52.223-18, Contractor Policy to Ban Text Messaging While Driving;

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

52.225-13, Restrictions on Certain Foreign Purchases;

52.232-33, Payment by Electronic Funds Transfer

1352.201-70, Contracting Officer’s Authority

1352.209-73, Compliance With the Laws

1352.209-74, Organizational Conflict of Interest

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: NIST, 100 Bureau Drive, Gaithersburg, Maryland, 20899

52.203-99, Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements (DEVIATION 2015-02)

Prohibition on Contracting with Entities that Require Certain Internal Confidentiality

Agreements (FEB 2015)

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with 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 contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause 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.

(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and

Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the Contractor fails to comply with the provisions of this clause.

(End of clause)

Assurance by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony

Conviction Under Any Federal Law (Class Deviation) (March 2015)

(1) In accordance with Sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by Consolidated and Further Continuing Appropriations Act, 2015 and subsequent appropriations acts 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 an 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.

INSTRUCTIONS:

System for Award Management Registration

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 3:00 p.m.

Eastern Time on June 22, 2015. FAX quotations shall not be accepted. E-mail quotations http://www.sam.gov/ shall be accepted at paula.wilkison@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 inbox set forth above.

Quotations shall be sent to the National Institute of Standards and Technology, Acquisition

Management Division, Attn: Paula Wilkison, 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 Paula Wilkison, Contract Specialist on 301-975-8448.

Addendum to FAR 52.212-1, Quotation Preparation Instructions

1) 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 salient characteristics 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.

2) 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.

3) Price Quotation: The Offeror shall submit an original and one copy 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.

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 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 factor “meeting or exceeding the requirement”, 2) Past performance, and 3) Price. Technical capability and past performance, when combined, are more important than price.

1) Technical Capability: All items must be new. Prototypes, demonstration models, used or refurbished equipment will not be considered for award. 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 stronger consideration to Offerors who demonstrate that their proposed equipment exceeds NIST’s requirements.

As noted in salient characteristic 6, preference will be given to systems where the amplitude of the spectral emission spike around 425 nm - 475 nm (typical of such systems) is comparable to desired average spectral power density (approx. 1-2 mW / nm) – thereby producing a flatter spectral output.

2) 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 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 may also consider other available information in evaluating the

Offeror’s past performance. The Government will assign a neutral rating if the Offeror has no relevant past performance information.

3) Price: The Government will evaluate price for reasonableness.

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 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

Gaithersburg, MD 20899

(c) Agency protests filed with the 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

(d) A complete copy of all agency protest, 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