SB1341-15-RQ-0617.docx

SB1341-15-RQ-0617

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 (FAC) 2005-82

1352.215-72 INQUIRIES (APR 2010)

Offerors must submit all questions concerning this solicitation in writing, via email, to both the Contract Specialist (joni.laster@nist.gov) and the Contracting Officer (patrick.staines@nist.gov). Questions should be received no later than seven (7) calendar days after the issuance date of this solicitation. All responses to the questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, on 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 333413 with a small business size standard of 500 employees.

This acquisition is being competed under full and open competition.

BACKGROUND

The NIST Center for Neutron Research (NCNR) owns and operates a heavy water-moderated nuclear test reactor and associated neutron beam research facility. The NCNR’s reactor is licensed with the Nuclear Regulatory Commission (NRC) under the name National Bureau of Standards Reactor (NBSR).

The NCNR requires the replacement of the #2 cooling tower fan blade assembly. The cooling tower provides cooling of all the equipment associated with the operation of NCNR research reactor.

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

CLIN 0001 (Firm-Fixed Price): Contractor shall provide all labor, parts, equipment and materials necessary to replace the #2 cooling tower fan blade assembly.

1. Replacement shall be made with like materials currently in use.

2. After completion of the replacement, the fan assembly shall be balanced to prevent catastrophic damage to the assembly and surrounding equipment and to minimize noise levels in the general area.

3. The configuration of the fan shall remain as shown in document M1 Rev 1.

4. The pitch of the fan shall be adjusted to the maximum efficiency allowed by the current configuration.

5. Contractor shall dispose of any waste produced by this evolution up to and including the faulty assembly.

The following information is relevant to this job:

DELIVERY

FOB Destination delivery terms are requested. Delivery shall be completed within 8 weeks from date of an award. The Contractor shall coordinate delivery with the Technical Point of Contact. The Contractor shall deliver all equipment to NIST, NCNR, Gaithersburg, MD 20899-1640.

WARRANTY

Equipment shall be warranted for a period of at least one year from date of receipt and acceptance by the Government. Contractor shall state the warranty coverage provided in their quotation.

PROVISIONS AND CLAUSES:

The following provisions and clauses apply to this acquisition and are hereby incorporated by reference. All FAR clauses may be viewed at http://acquisition.gov/comp/far/index.html.

PROVISIONS

52.212-1, Instructions to Offerors-Commercial Items 52.212-3 Offeror Representations and Certifications-Commercial Items (March 2015) The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision and provide a written submission.

52.225-4 -- Buy American -- Free Trade Agreements – Israeli Trade Act Certificate. (ALT I)) Buy American -- Free Trade Agreements--Israeli Trade Act Certificate (May 2014)

(a) The offeror certifies that each end product, except those listed in paragraph (b) or (c) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act.”

(b) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American-- Free Trade Agreements--Israeli Trade Act”:

Canadian

[List as necessary]

(c) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (b) of this provision) as defined in the clause of this solicitation entitled “Buy American--Free Trade Agreement--Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

[List as necessary]

(d) The Government will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation.

52.225-18, Place of Manufacture;

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.

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) 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)

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), 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)

CLAUSES

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 (NOV 2013) 52.204-10 Reporting Executive Compensation and First Tier Contract awards 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations 52.219-6, Notice of Total Small Business Set-Aside 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;

52.222-36, Affirmative Action for Workers with Disabilities;

52.223-18 Contractor Policy to Ban Text Messaging While Driving.

52.225-3 -- Buy American –Supplies w/ ALT I;

52.225-13 Restriction on Certain Foreign Purchases;

52.232-33 Payment by Electronic Funds Transfer-Central Contractor Registration.

FAR 52.204-7 (September 2012) System for Award Management Registration.

52.232-40 -- Providing Accelerated Payment to Small Business Subcontractors 52.247-35 F.O.B. Destination, Within Consignee’s Premises

CAR CLAUSES FULL TEXT CAN BE ACCESSED AT:

http://farsite.hill.af.mil/VFCARA.HTM 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)

INSPECTION AND ACCEPTANCE

Inspection will be done at the NIST NCNR facility. Equipment must be fully operational prior to technical acceptance and payment authorization.

INSTRUCTIONS:

System for Award Management (SAM) 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.

SITE VISIT

A SITE VISIT shall take place on July 14, 2015 at 10:00 a.m. local time. The site visit shall begin promptly at 10:00 a.m. Attendees must be on-site by 9:30 a.m. The site visit shall allow offerors to view the site where the equipment shall be installed. Potential Offerors are strongly encouraged to attend the site visit. In no event shall failure to inspect the site constitute grounds for a claim after contract award. Attendees shall convene at NIST, Building 235, Entrance Area, 100 Bureau Drive, Gaithersburg, Maryland.

If required, an amendment including questions and answers shall be posted at www.fedbizopps.gov. Offerors are advised that the terms and conditions of the RFQ remain the same unless changed by amendment.

SITE VISIT SECURITY REQUIREMENTS

Because of heightened security, Offerors who are planning to attend the site visit shall e-mail their intention to attend to Joni Laster, at joni.laster@nist.gov, not later than 12:00pm on July 13, 2015, with the following information:

1) Company name

2) Names of all individuals attending the site visit

3) Country of Citizenship of all individuals attending the site visit

For non-US Citizens, the following additional information will be required:

1) Title

2) Employer/Sponsor

3) Address

Failure to register will result in individuals being denied access to NIST, and subsequently, the site visit.

It is the sole responsibility of each offeror to register for the site visit.

Offerors must pick up a Visitor's Badge at the Visitor's Registration Center located at the Main Gate (Gate A, off Bureau Drive) Please ensure all individuals bring photo identification or they will be denied access to the facility.

Under the REAL ID Act of 2005, agencies, including NIST, can only accept a state-issued driver’s license or identification card for access to federal facilities if issued by states that are REAL ID compliant or have an extension. Currently, all but 9 states and territories are either compliant or have received an extension. The Jurisdictions that do NOT meet the REAL ID standards are:

ALASKA; AMERICAN SAMOA; ARIZONA; KENTUCKY; LOUISIANA; MAINE; MASSACHUSETTS; MONTANA; OKLAHOMA

Effective July 21, 2014, drivers’ licenses from these states and territories will NOT be accepted for entry to NIST.

Visitors from these locations must present a REAL ID compliant form of identification.

In addition, only Enhanced Driver’s Licenses (EDL) issued by the states of Minnesota, New York, and Washington will be accepted for access to the NIST campus. These drivers’ licenses are easily identifiable by the American Flag on the face of the license.

NIST currently accepts other forms of federally issued identification in lieu of a state-issued driver’s license, such as a valid:

Passport ; Passport Card ; DOD’s Common Access Card (CAC); Veterans ID; Federal Agency HSPD-12 IDs; Military Dependents ID; Transportation Workers Identification Credential (TWIC)

DUE DATE FOR QUOTATIONS

Offerors shall submit their quotations so that NIST receives them not later than 12:00 p.m. Eastern Time on July 23, 2015. FAX quotations shall not be accepted. E-mail quotations shall be accepted at joni.laster@nist.gov and patrick.staines@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: Joni Laster, 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 Joni Laster, Contract Specialist on 301-975-8397.

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. Only one copy is required if submitted electronically. The pricing quotation shall be separate from any other portion of the quotation. The offeror shall propose a firm-fixed-price, FOB Destination, for each CLIN. Contractor shall state express warranty coverage. Price quotations shall remain valid for a period of 90 days from the date quotations are due.

2) TECHNICAL QUOTATION: The offeror shall submit an original and one copy of the technical quotation. Only one copy is required if submitted electronically. The technical quotation shall address the following:

TECHNICAL CAPABILITY: The offeror shall provide documentation that demonstrates that the equipment shall be capable of meeting or exceeding the minimum requirements. 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.

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 offerors 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 lowest priced, technically acceptable offeror. The Government will evaluate quotations based on the following evaluation criteria: 1) Technical Capability and 2) 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 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.

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

(End of clause)

ATTACHMENTS:

1. Strader Fan Cooling tower relationship to the service road

2. Strader Fan CT_2_Fan_Blades

3. Strader Fan Drawing GA1 Rev 4

4. Strader Fan Drawing GA2 Rev 5

5. Strader Fan Drawing Images

6. Strader Fan M1 Rev 1 (1)