syn_sol.pdf

Request for Quotation Number SB1341-15-RQ-0580

Combined Synopsis Solicitation

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 WRITTEN SOLICITATION DOCUMENT WILL NOT BE ISSUED. THIS SOLICITATION IS BEING ISSUED

USING SIMPLIFIED ACQUISITION PROCEDURES UNDER THE AUTHORITY OF FAR SUBPART 13.5 TEST

PROGRAM FOR CERTAIN COMMERCIAL ITEMS.

This solicitation is a Request for Quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition

Circular 2005-82 effective June 8, 2015.

The associated North American Industrial Classification System (NAICS) code for this procurement is 811219 with a small business size standard of $20.5M. This acquisition is being procured using full and open competition. Simplified acquisition procedures will be utilized.

The National Institute of Standards and Technology (NIST) include four Directorates that utilize instruments manufactured by Bruker Biospin Corporation to support its mission.

These Directorates are the Center for Nanoscale Science and Technology (CNST), the

Engineering Laboratory (EL), the Material Measurement Laboratory (MML), and the Physical

Measurement Laboratory (PML).

The Contractor shall provide a comprehensive maintenance agreement for a total of nine pieces of Bruker Biospin equipment for a one year base period and four one year option periods.

OPTION LINE ITEMS

Line items 0002, 0003, 0004, and 0005 are option line items. Quoters must provide a firm-fixed price for all option line items. Prices for option line items shall remain valid in accordance with the following:

Line Item 0002, Option Period I, one year from the date of award;

Line Item 0003, Option Period II, two years from the date of award;

Line Item 0004, Option Period III, three years from the date of award;

Line Item 0005, Option Period IV, four years from the date of award.

The period of performance for all option line items shall be one year. The Government may exercise option line items, at its discretion, at any time prior to the expiration date of the period of performance of the base period or any option period. Options will be exercised by the issuance of a modification (Standard Form 30).

Responsible quoters shall provide pricing for all of the following line items.

LINE ITEM 0001 – BASE PERIOD: Quantity one (1) year, Maintenance of nine Bruker Biospin instruments described in the statement of work. The Contractor shall provide maintenance in accordance with all of the requirements identified in the attached statement of work.

LINE ITEM 0002 – OPTION PERIOD I: Quantity one (1) year, Maintenance of nine Bruker

Biospin instruments described in the statement of work. The Contractor shall provide maintenance in accordance with all of the requirements identified in the attached statement of work.

LINE ITEM 0003 – OPTION PERIOD II: Quantity one (1) year, Maintenance of nine Bruker

LINE ITEM 0004 – OPTION PERIOD III: Quantity one (1) year, Maintenance of nine Bruker

LINE ITEM 0005 – OPTION PERIOD IV: Quantity one (1) year, Maintenance of nine Bruker

PAYMENT SCHEDULE

The successful Contractor shall be paid on a monthly or quarterly basis, in arrears.

Proper invoices shall be approved for payment if all services required to be completed within the billing period have been successfully completed. Invoices will not be approved for payment if services are pending or outstanding.

EVALUATION CRITERIA AND BASIS FOR AWARD

The Government will award a purchase order resulting from this solicitation to the responsible quoter whose quotation, conforming to the solicitation, results in the best value to the Government, price and other factors considered.

The following will be used to evaluate quotations:

Technical Capability

Experience

Past Performance

Price

Technical Capability, Experience, and Past Performance, when combined, shall be equal in importance to price.

TECHNICAL CAPABILITY

Technical capability will be evaluated to determine that:

1. The Contractor can perform all maintenance requirements identified in the statement of work; AND

2. The Contractor can provide service for all equipment identified in the statement of work; AND

3. The maintenance will be performed by technicians who are trained and fully competent in the operation of the covered instrument; AND

4. Quoters have an established business relationship with proposed subcontractors and/or consultants to perform the required work; AND

5. The prime Contractor shall maintain an active role in the required work.

EXPERIENCE

Experience shall be evaluated to determine the degree of and relevance of experience the

Contractor possesses in repairing the same or similar equipment.

In determining best value, stronger consideration shall be given to Contractors who possess direct experience maintaining and repairing the same type of Bruker Biospin equipment.

PAST PERFORMANCE

Past Performance shall be evaluated to determine the overall quality of the service provided by the Contractor. Evaluation of Past Performance shall be based on the references provided and/or information provided by NIST and its affiliates.

Quoters with no relevant past performance will receive a neutral rating.

PRICE

Price will be evaluated to determine that the total price is consistent with the technical portion of the quotation and is a fair and reasonable overall price to the

Government.

REQUIRED SUBMISSIONS

All quoters shall submit the following within their quotation:

1. For the purpose of evaluation of Technical Capability, the technical quotation must include:

-Documentation and/or product literature, which clearly demonstrates that the quoter will meet all maintenance requirements for all equipment;

-Documentation that clearly demonstrates that quoted service personnel are trained and fully competent in the operation of covered instruments;

-If the prime Contractor is proposing a subcontractor and/or consultant(s) to perform maintenance and support requirements, documentation which shows that the prime Contractor and the proposed subcontractor have an agreement which confirms that the subcontractor/consultant has agreed to work with the prime contractor to perform the work the subcontractor/consultant has been proposed to perform;

-Documentation, which explains how service calls will be handled when the

Government contacts the prime Contractor for service. The Government has no privity of contract with subcontractors.

2. For the purpose evaluation of Experience, the quotation must include:

Project descriptions, which clearly demonstrate that the Contractor has performed repairs on the same or similar equipment. If the Contractor has repaired Bruker

Biospin equipment, the model number of the equipment must be provided;

3. For the purpose of evaluation of Past Performance, the technical quotation must include:

Recent and relevant past performance references for relevant contracts over the past three years with Federal, State, or Local Governments, and/or commercial customers. The list of references shall include, at a minimum:

The name of the company or organization and the reference contact person;

The telephone number and email address of the reference contact person;

The contract or grant number;

The amount of the contract;

The address and telephone number of the Contracting Officer, if applicable;

The make and model of the equipment provided;

Problems encountered (if applicable) and corrective actions taken to resolve the problems.

If a subcontractor is proposed, quoters must provide past performance references for themselves as well as subcontractors.

Past performance must be addressed by the Contractor. If the Contractor has no recent and/or relevant past performance performing the required work, the quotation must so state.

If past performance is not addressed within the quotation, the Government will determine the past performance evaluation factor technically unacceptable on the basis of being non-responsive.

4. For the purpose of evaluation of Price:

A firm-fixed price, F.O.B. Destination price quotation for the base period and each one-year option period for a service agreement for all of the equipment in Table I of the Statement of Work. The price shall include all work required by the

Statement of Work.

5. This is an Open-Market Combined Synopsis/Solicitation for a maintenance agreement for Bruker Biospin equipment, as defined herein. The Government intends to award a

Purchase Order as a result of this Combined Synopsis/Solicitation that will include the terms and conditions that are set forth herein. In order to facilitate the award process, ALL quotes shall include a statement regarding the terms and conditions herein as follows:

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

OR

b. The offeror shall state “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)

Please note that 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;

6. The Dun and Bradstreet Number (DUNS number) for the quoter’s active System for Award Management (SAM) registration. Quoters must have an active registration at www.SAM.Gov to receive an award;

7. Quoters shall include a completed copy of the attached provision, “Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction

Under Any Federal Law (Class Deviation) (March 2015)” with their quotation.

8. SMALL BUSINESS SUBCONTRACTING PLAN.

In accordance with FAR 52.219-9 entitled “Small, Small Disadvantaged and Women

Owned Small Business Subcontracting Plan”, a subcontracting plan must be submitted for this acquisition in accordance with the format suggested in Attachment I.

Businesses not certified as a small business must submit a Small Business

Subcontracting Plan.

http://www.sam.gov/

DUE DATE FOR QUOTATIONS

E-mail quotations are required. All quotations must be submitted via e-mail to Carol A.

Wood, Contract Specialist at Carol.wood@Nist.gov. FAX quotations will not be accepted.

Submission must be received not later than 3:30 p.m. Eastern Time on July 9, 2015. A quotation shall be considered received when it is received in the electronic inbox of

Carol Wood not later than the date and time identified herein.

Questions: All questions regarding this notice must be submitted via e-mail to carol.wood@nist.gov.

PROVISIONS AND CLAUSES

The full text of a Federal Acquisition Regulation (FAR) provision or clause may be accessed electronically at www.acquisition.gov.

The following FAR provisions apply to this acquisition:

52.204-7, System for Award Management

52.204-16, Commercial and Government Entity Code Reporting

52.204-17, Ownership or Control of Offeror

52.212-1, Instructions to Offerors—Commercial Items

52.212-3, Offeror’s Representations and Certifications-Commercial Items

52.217-5, Evaluation of Options

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

Relating to Iran

In accordance with FAR 52.212-3 Offeror Representations and Certifications – Commercial

Items, quoters must complete annual representations and certifications on-line at www.SAM.Gov. If paragraph (j) of the provision applies, a written submission is required.

The following FAR clauses apply to this acquisition:

52.204-13 System for Award Management Maintenance

52.204-4, Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

52.209-7, Information Regarding Responsibility Matters

52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

52.204-18, Commercial and Government Entity Code 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 (MAR 2015) including sub-paragraphs: (checked clauses are applicable to this solicitation)

_XX_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government

_XX_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and

Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts

_XX_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment.

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_XX_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility

Matters.

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award.

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns

__ (ii) Alternate I (JAN 2011) of 52.219-4.

__ (13) [Reserved]

__ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

_XX_ (16) 52.219-8, Utilization of Small Business Concerns

__ (17)(i) 52.219-9, Small Business Subcontracting Plan

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Oct 2014) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders

__ (19) 52.219-14, Limitations on Subcontracting

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

_XX_ (22) 52.219-28, Post Award Small Business Program Rerepresentation

__ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned

Small Business (EDWOSB) Concerns

__ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns

Eligible Under the WOSB Program

XX__ (25) 52.222-3, Convict Labor (June 2003)

XX__ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies

XX__ (27) 52.222-21, Prohibition of Segregated Facilities

XX__ (28) 52.222-26, Equal Opportunity

XX__ (29) 52.222-35, Equal Opportunity for Veterans

XX__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities

XX__ (31) 52.222-37, Employment Reports on Veterans

XX__ (32) 52.222-40, Notification of Employee Rights Under the National Labor

Relations Act

_XX_ (33)(i) 52.222-50, Combating Trafficking in Persons

__ (ii) Alternate I (Mar 2015) of 52.222-50

__ (34) 52.222-54, Employment Eligibility Verification (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–

Designated Items (Not applicable to the acquisition of commercially available off-the-shelf items.)

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__ (ii) Alternate I Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (36)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment

__ (ii) Alternate I.

__ (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions

__ (ii) Alternate I

__ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products

__ (39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products

__ (ii) Alternate I (Jun 2014) of 52.223-16.

XX__ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While

Driving

__ (41) 52.225-1, Buy American-Supplies

_ (42)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act

__ (ii) Alternate I

__ (iii) Alternate II

__ (iv) Alternate III

__ (43) 52.225-5, Trade Agreements

XX__ (44) 52.225-13, Restrictions on Certain Foreign Purchases

__ (45) 52.225-26, Contractors Performing Private Security Functions Outside the

United States

__ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside

__ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area

__ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items

__ (49) 52.232-30, Installment Payments for Commercial Items

XX__ (50) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management

__ (51) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award

Management

__ (52) 52.232-36, Payment by Third Party

__ (53) 52.239-1, Privacy or Security Safeguards

__ (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels

_XX_ 52.222-51 Exemption from Application of the Service Contract Labor

Standards to Contracts for Maintenance, Calibration, or Repair of Certain

Equipment-Requirements 52.222-51 Exemption from Application of the Service

Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of

Certain Equipment-Requirements

52.217-8 Option to Extend Services

52.217-9 Option to Extend the Term of the Contract

52.232-39 Unenforceability of Unauthorized Obligations

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

52.233-4 Applicable Law for Breach of Contract Claim

52.237-2 Protection of Government Buildings, Equipment, and Vegetation

52.247-34 FOB Destination

52.252-2 Clauses Incorporated by Reference

The following U.S. Department of Commerce Acquisition Regulation (CAR) provisions and clauses apply to this procurement. The full text of a CAR provision or clause may be accessed electronically at www.acquisition.gov. Reference Supplemental Regulations, U.S.

Department of Commerce.

1352.201-70 CONTRACTING OFFICER'S AUTHORITY

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1352.207-71 CONTRACTING OFFICER’S REPRESENTATIVE

1352.209-73 COMPLIANCE WITH THE LAWS

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST

1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS

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: ANDREA PAREKH, CONTRACTING OFFICER

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

(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

1352.237-75 KEY PERSONNEL

*The Contractor must identify a Project Manager and customer service personnel as key personnel, at a minimum.

1352.246-70 PLACE OF ACCEPTANCE

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) mailto:INVOICE@NIST.GOV

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)