RFQ_SB1341-15-RQ-0672.pdf

NOTICE TYPE: Combined Synopsis/Solicitation / Total Small Business

CLASSIFICATION CODE: 99 - Miscellaneous

TITLE: Granite Machine Base Assembly and Support Frame

SOLICITATION NUMBER: SB1341-15-RQ-0672

RESPONSE DATE: NLT 5:00PM July 22, 2015, EST

CONTACT POINTS: Amber Gray, Contract Specialist, (301) 975-3696

Robert Cowins, Contracting Officer, (301) 975-8335

THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS PREPARED IN ACCORDANCE

WITH THE FORMAT IN FAR SUBPART 12.6-STREAMLINED PROCEDURES FOR EVALUATION AND

SOLICITATION FOR COMMERCIAL ITEMS-AS SUPPLEMENTED WITH ADDITIONAL INFORMATION

INCLUDED IN THIS NOTICE. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTATIONS

ARE BEING REQUESTED, AND A SEPARATE WRITTEN SOLICITATION DOCUMENT WILL NOT BE ISSUED. THE

SOLICITATION IS BEING ISSUED USING SIMPLIFIED ACQUISITION PROCEDURES UNDER THE AUTHORITY OF

FAR 13.

The National Institute of Standards and Technology (NIST) is issuing a Request for Quotations (RFQ) for a granite base assembly and steel support frame. The granite base assembly will consist of two pieces of granite to provide two mounting surfaces perpendicular to each other as well as a small (3 mm height) step on the horizontal base granite block to provide a reference surface for mounting guideway rails to carry other machine components. This assembly will be supported by a stainless steel frame, which will provide capability to carry the total weight of the machine while providing necessary accessibility for other machine components.

The associated North American Industrial Classification System (NAICS) code for this procurement is

327991 – Cut Stone and Stone Product Manufacturing with a small business size standard of 500 employees. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-82.

This acquisition is 100% set-aside for small business.

Minimum Requirements:

The acquired products shall meet the technical specifications in the enclosed document titled “Technical

Specifications.” All items must be new.

Proposed Contract Line Item Structure:

CLIN Product Description Quantity UOM Unit Price

0001 Granite Base Assembly 1 EA

0002 Stainless Steel Frame 1 EA

0003 Shipping 1 EA

Acceptance/Inspection:

Operational check upon receipt.

Freight/Shipping Charges:

FOB Destination applies for delivery to:

National Institute of Standards and Technology

Building 301 Shipping and Receiving

100 Bureau Drive

Gaithersburg, MD 20899-0001

Delivery point of contact will be provided upon award.

Installation:

The contractor shall supply the granite base assembly and the support frame in two pieces. Final installation will be done by NIST staff.

Warranty and Maintenance:

Standard warranty terms apply.

Delivery:

Delivery shall be FOB Destination and be completed no later than 45 days ARO.

Evaluation Factors for Award:

The Government anticipates awarding to the lowest priced, technically acceptable Offeror.

Evaluation Criteria:

1. Technical Capability

A quotation will only be considered technically acceptable if it clearly demonstrates that the minimum required specifications are met by the quoted product; and if the quotation follows all other instructions in this solicitation.

2. Price

NIST will evaluate the pricing prosed to determine whether it is fair and reasonable.

Attachments:

1. Technical Specifications

2. Assembly Diagrams

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. All Commerce

Acquisition Regulations (CAR) clauses may be viewed at http://farsite.hill.af.mil/VFCARA.HTM.

Provisions:

ADDENDUM TO PROVISION 52.212-1 - QUOTATION SUBMISSION INSTRUCTIONS

All Offerors shall submit all of the following:

(1) Technical description of the items being offered in sufficient detail to evaluate compliance with requirements in the solicitation. Item MUST meet exact specifications as laid out in the description attached. This may include product literature, or other documents, if necessary;

(2) Documentation that clearly demonstrates that the Offeror

(3) Firm-fixed price for each CLIN and discount terms;

(4) Acknowledgement of solicitation amendment(s);

***Offerors shall e-mail their quotation to amber.gray@nist.gov so that it is received by the response date/time for this solicitation. It is the responsibility of the Offeror to confirm NIST's receipt of its quotation. NIST reserves the right to award a purchase order without discussions, based solely on the submission of the Contractor.

52.212-3, Offeror Representations and Certifications-Commercial Items

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 http://acquisition.gov/comp/far/index.html http://farsite.hill.af.mil/VFCARA.HTM mailto:amber.gray@nist.gov

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)

(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)

Certification By Offerors Regarding Federal Income Tax Filing And Federal Income Tax Violations.

(Class Deviation) (March 2015)

(a) In accordance with Section 523 of Division B, Consolidated and Further Continuing Appropriations Act, 2015, (Pub. L. 113-235) none of the funds made available by the Act may be used to enter into a contract in an amount greater than $5,000,000 unless the prospective contractor certifies in writing to the U.S. Consolidated and Further Continuing that, to the best of its knowledge and belief, the contractor has filed all Federal tax returns required during the three years preceding the certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.

(b) The offeror’s proposal shall include a signed written certification as follows – To the best of my knowledge and belief, ---(name of offeror)--- has filed the Federal tax returns required during the three years preceding this certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a nonfrivolous administrative or judicial proceeding.

Firm _____________________________________________ Signature _________________________________________ Name ____________________________________________ Title _____________________________________________ Date of execution __________________________________

(End of Provision)

FAR 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-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;

52.219-6 Notice of Total Small Business Set-Aside;

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;

52.222-50 Combating Trafficking in Persons

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

52.225-13 Restriction on Certain Foreign Purchases;

52.232-33 Payment by Electronic Funds Transfer-System for Award Management

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

Agreements (DEVIATION 2015-02) (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.

(End of Clause)

Commerce Acquisition Regulations (CAR) Clauses:

1352.201-70, Contracting Officer's Authority

1352.209-73, Compliance With the Laws

1352.209-74, Organizational Conflict of Interest

1352.215-72, Inquiries

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

Questions should be received no later than 12:00 pm EST, 5 calendar days from the posting date. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Requests shall include complete company name, address, telephone and e-mail address. FAX AND OR PHONE REQUESTS ARE NOT AUTHORIZED AND WILL NOT BE

ACCEPTED.

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 FR 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: KEITH BUBAR, 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, NW.

Washington, DC 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, NW.

Washington, DC 20230

FAX: (202) 482-5858.

NIST Local Clause_04 Billing Instruction

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)

System for Award Management (SAM):

In accordance with FAR 52.204-7, the awardee must be registered in SAM (www.sam.gov) prior to award. Refusal to register shall forfeit award.

Due Date and Response Information:

Offerors capable of furnishing the specified equipment in this combined synopsis/solicitation should submit their quote in writing to Amber Gray electronically at amber.gray@nist.gov. FAX and hard-copy quotations shall not be accepted. Offerors shall submit their quotations so that NIST receives them not later than NLT 5:00 pm EST, July 22, 2015.

Acceptance of Terms and Conditions: 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, 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, and the statement required above shall be included in the quotation.

mailto:INVOICE@NIST.GOV http://www.sam.gov/ mailto:amber.gray@nist.gov