RFQ_SB134115RQ0539.pdf

CLASSIFICATION CODE: 66 – Scientific and Laboratory Equipment

SUBJECT: Cleanroom Gowning Services

SOLICITATION NUMBER: SB1341-15-RQ-0539

RESPONSE DATE: June 24, 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

SERVICES 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 2005-82, effective May 7, 2015.

1352.215-72 INQUIRIES (APR 2010)

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

Specialist. 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 812332 with a small business size standard of $38.5M.

This requirement is unrestricted and all interested Contractors may submit a quotation.

Introduction

The contractor shall furnish the necessary personnel, material, equipment, and services to provide cleanroom gowning supplies and services for NIST’s Center for Nanoscale

Science and Technology.

Background

NIST’s CNST NanoFab has a requirement for cleanroom gowning supplies and services in order to maintain a safe and productive environment for the laboratory’s internal and external users by keeping the cleanroom free of contamination from the people entering the cleanroom. The NIST CNST NanoFab Cleanroom is a class 100 cleanroom and all garments and services must be compatible with class 100 cleanroom requirements.

The required cleanroom gowning service consists of uniform rental, repair, replacement and laundry service. It includes a garment inventory housed at NIST, weekly cleaning of the gowns including pickup and delivery, and inventory monitoring for stains, repairs and replacement of damaged gowns. It also includes an emergency backup supply of all gowning items within 2 days on an as needed basis. The awardee will be responsible for project oversight, equipment, materials, administration and technical execution.

Minimum Requirements

The proposed service shall meet or exceed the specifications identified in the attached

Statement of Work.

Line Item 0001: Base Year (Year One) of Gowning Services, in accordance with

Statement of Work, attached. (Period of performance: 9/1/15 – 8/31/16)

OPTION LINE ITEMS: The following items are option line items. The Contractor shall provide pricing for these items. Award of option line items is at the sole discretion of the Government in accordance with FAR 52.217-9.

OPTION Line Item 0002: Year Two of Gowning Services, in accordance with

Statement of Work, attached. (Period of performance, if exercised: 9/1/16 – 8/31/17)

OPTION Line Item 0003: Year Three of Gowning Services, in accordance with

Statement of Work, attached. (Period of performance, if exercised: 9/1/17 – 8/31/18)

OPTION Line Item 0004: Year Four of Gowning Services, in accordance with

Statement of Work, attached. (Period of performance, if exercised: 9/1/18 – 8/31/19)

OPTION Line Item 0005: Year Two of Gowning Services, in accordance with

Statement of Work, attached. (Period of performance, if exercised: 9/1/19 – 8/31/20)

Express Warranty

The contractor shall provide its standard commercial warranty, if applicable.

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/.

Provisions

52.204-7, System for Award Management

52.211-6, Brand Name or Equal

52.212-1, Instructions to Offerors-Commercial Items

52.225-25, Prohibition on Contracting with Entities Engaging in Sanctioned

Activities Relating to Iran;

52.212-3 Offeror Representations and Certifications-Commercial Items

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.

Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a

Felony Conviction Under Any Federal Law (Class Deviation) (March 2012)

(1) In accordance with Sections 543 and 544 of Public Law 112-55 Commerce, Justice, Science, and Related Agencies Appropriations Act 2012, Title V (General Provisions) none of the funds made available by that Act 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, 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.

(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, 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 agreements with the authority responsible for collecting the tax liability.

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

(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-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 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

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.

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.

Clauses

52.217-8, Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of the end of the contract.

52.217-9, Option to Extend the Term of the Contract.

(a) The Government may extend the term of this contract by written notice to the

Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years, six months.

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 -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

Government, or 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

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 clause)

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.

52.204-13, System for Award Management Maintenance

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—Commercial Items including subparagraphs:

52.203-6, Restrictions on Subcontractor Sales to the Government

52.204-10, Reporting Executive Compensation;

52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment;

52.219-28, 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;

52.222-35, Equal Opportunity for Veterans;

52.222-36, Affirmative Action for Workers with Disabilities;

52.222-37, Employment Reports on Veterans;

52.222-50, Combating Trafficking in Persons;

52.222-51, Exemption from Application of the Service Contract Act to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment;

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

52.225-5, Trade Agreements;

52.225-13, Restrictions on Certain Foreign Purchases;

52.232-33, Payment by Electronic Funds Transfer

52.247-35, FOB Destination, within Consignee’s Premises

52.252-2, Clauses Incorporated by Reference

1352.201-70, Contracting Officer’s Authority

1352.201-72. Contracting Officer’s Representative (COR)

1352.209-73, Compliance With the Laws

1352.209-74, Organizational Conflict of Interest

1352.237-71, Security Processing Requirements—Low Risk Contracts

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, NanoFab (Building 215) and NanoTribology (Building 217) Laboratories, Gaithersburg, Maryland , 20899

1352.237-71, Security Processing Requirements—Low Risk Contracts

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 24, 2015. FAX quotations shall not be accepted. E-mail quotations 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) 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. 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 capability statement for the services it is proposing, which clearly describes its technical capabilities. The offeror must demonstrate that its proposed services meet or exceed the minimum requirements described in the statement of work by providing a citation to the relevant section of its technical capability statement.

The offeror shall also submit their proposed Quality Control Plan.

http://www.sam.gov/

3) Experience: The Offeror shall demonstrate the extent to which it has, within the past five (5) years, provided the same or similar services. Offeror shall also demonstrate its experience, with providing cleanroom gowning services to class 100 cleanrooms and its experience with maintaining class 100 cleanroom requirements.

4) 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 (Addendum to FAR 52.212-1 (b) (11)): This is a 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 2) Experience, 3) Past

Performance, and 4) Price. All non-price factors, when combined, are more important than price.

Technical Capability: 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 service meets or exceeds all minimum requirements.

Quotations that do not demonstrate the proposed service meets all requirements will not be considered further for award. If an offeror does not indicate whether its proposed service meets a certain minimum requirement, NIST will determine that it does not. NIST will give preference to offerors who demonstrate that their proposed service exceeds

NIST’s requirements.

Experience: NIST will evaluate the extent of the Offeror’s experience providing similar services, especially relating to the requirements of class 100 cleanrooms.

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 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.

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