Final_Solicitation.pdf

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 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 2005-83.

The associated North American Industrial Classification System (NAICS) code for this procurement is 238210 with a small business size standard of $15 million. This acquisition is being procured as a total small business set aside.

1352.215-72 Inquires (APR 2010):

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

Specialist Lynda.Roark@nist.gov and Contracting Officer (Patrick.Staines@nist.gov).

Questions should be received no later than 3 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)

Drawings/Pictures:

The drawings and pictures referenced in the solicitation will be provided only to Vendors with an active CAGE Code and DUNS number, and are registered and active in the SAM database

(www.sam.gov). Provide your CAGE Code, DUNS number, email, business name, address, and

Point of Contact, to the Contract Specialist at Lynda.Roark@nist.gov to request drawings and pictures. All requests must be received by August 13, 2015. You are not authorized to provide the attachments to any other vendor/person. Quotes will not be honored from any vendor who did not receive the attachments from the Contract Specialist.

Schedule of Pricing:

The Contractor shall provide a Firm Fixed Price quotation for a Phone Page System.

The National Institute of Standards and Technology (NIST) requires a Phone Page System for the NIST Center for Neutron Research (NCNR).

Line Item 0001: The Contractor shall provide all labor, parts, material, services, installation, testing and training for a Phone Page System at the National Institute of mailto:Lynda.Roark@nist.gov http://www.sam.gov/ mailto:Lynda.Roark@nist.gov

Standards (NIST), NIST Center for Neutron Research (NCNR), meeting or exceeding the following minimum requirements. All equipment must be new. Used or refurbished equipment will not be considered for award.

Minimum Requirements:

1. Introduction

1.1 The contractor shall furnish the necessary labor, materials, products, and services to install a commercial off-the-shelf industrial building page phone system and complete working spares for the National Institute of Standards and Technology Center for Neutron Research

(NCNR).

2. Background

The main focus of the NCNR is to provide neutron measurement capabilities to the U.S. research community. This focus relies upon the safe and cost-effective operation of the National Bureau of Standards Reactor (NBSR) as well as its ability to operate under and adhere to the licensing agreements of the Nuclear Regulatory Commission (NRC).

Part of the requirement to operate the NBSR is to maintain regular and emergency two-way communication throughout the building. Page phones are located in various areas around the plant including some high radiation areas (typically 5R/hr while the reactor is in operation). As it stands, some of the speakers and page phones, as well as the main control panel/amplifier currently installed in the plant are failing and we do not have the required repair parts and manpower to maintain them.

3. System Requirements

3.1 This page phone system will replace an existing system in a nuclear reactor facility. The primary purpose of the system will be two-way communication for normal day to day activities around the plant. NIST requires a two-line/channel page phone system with separate “page only” capability. Three of the phones and speakers will be located in high radiation areas

(typically 5R/hr) where more complex electronics (mostly ones with Complementary metal– oxide–semiconductor (CMOS) technology) have been known to fail. The Main Control Panel for the system shall be located in a central location for the plant. Refer to Attachment 1 for building layout and existing locations of phone systems.

3.2 Page phones will be located in various areas around the plant including indoor and outdoor locations. The plant requires a total of 110 page phones which includes five for spares.

Three of these page phones are located in what is considered a high radiation area. Six of the page phones are located outdoors and require waterproof enclosures. In addition, eight Acoustic booths are required for excessively noisy locations. Refer to Attachment 1 for building layout and existing locations of phone systems.

3.3 The plant presently has approximately 130 speakers throughout the buildings. All speakers must be replaced by the contractor. This includes 25 of which are loud speakers for exceptionally noisy/ large areas. The loudest area in the plant can reach noise levels of approximately 87 dB at any given time. For this reason, all speakers must be field adjustable for loudness control. The Contractor shall provide an additional 5 spare speakers. Refer to

Attachment 1 for building layout and existing locations of phone systems.

3.4 The largest area, indoor, requiring speaker coverage is approximately 36,200 square feet.

The height in this area is 40 feet. The farthest distance from the Main Control Panel to a phone or speaker will be approximately 550 feet. Other large areas in the plant have ceiling heights ranging from 20-40 feet. Certain areas within the plant are equipped with “drop ceilings”.

Speakers in these areas must be installed in the drop ceiling tiles. The contractor is responsible for providing standard, 2’ x 4’ fiberboard material drop-in ceiling tiles to match what is currently installed at the NCNR. Refer to Attachment 1 for building layout and existing locations of phone systems.

3.5 Headset use is required in certain locations throughout the plant. Six (6) phones must have this capability. Headsets, Commercial or Industrial grade, with 10 foot cord lengths shall also be provided. Refer to Attachment 1 for building layout and existing locations of phone systems.

3.6 Additionally, a longer phone cord length is required on 4 phones. A coiled cord which can be stretched to approximately at least 10 feet is required. These areas include the Control

Room, RM C004, outside of RM C002, and 1 phone as a spare.

3.7 The ability to isolate certain parts or channels of the system is required. This shall be done from the Control Room for the plant. The Government shall give stronger consideration for use of a smaller remote panel in the Control Room for this function (separate from the

Main Control Panel if possible) as space is limited in this area.

3.8 The Contractor must include an identification system to designate and locate each particular phone installed.

4. Site Preparation

4.1 The nature of our business requires that any holes drilled into the confinement areas be approved by the COR prior to drilling and holes must be resealed in a manner to pass leak testing requirements (testing will be done by the NCNR). The Contractor shall indicate within their quotation where the holes will be drilled. There are existing conduit runs in and out of confinement areas which can be used to run cables. However, these too must be re-sealed afterwards. Other existing conduit within confinement and office areas may be used if available.

Where conduit is not available, new conduit must be run. The Government will give stronger consideration to those who utilize existing conduit.

4.2 The work to be performed must conform to the plants operating schedule and is subject to change. The operating schedule for the confinement area typically runs for 39 consecutive calendar days with a scheduled shutdown up to 14 consecutive days. This schedule may change.

Tentative Shutdown Schedule:

August 29-September 13 – Shutdown

September 14-October 23 – Operating

October 24-November 9 – Shutdown

November 10-December 19 - Operating

The Contractor may work in areas that are not confined during regular business hours of 8:00 am to 5:00 pm eastern time, Monday through Friday. All scheduled work requires approval from the COR prior to commencement. Health Physics training (consisting of 1 full day) will be provided and is mandatory for anyone entering the facility to perform work. This training must be completed in person on-site. Proper attire (long pants and closed-toe shoes) is also required at all times while working on-site. Coordination shall take place between the Contractor and the

COR immediately after receipt of award.

This clearance could take several hours. Tools and equipment includes ALL tools and equipment, from hammers to nails; conduit, electrical lines and cables are also included. NIST recommends that the Contractor leave all tools and equipment on-site during the period of performance to avoid duplicate clearances and unnecessary delays.

The Contractor shall make necessary arrangements to remove all trash generated in executing this contract. NIST will not provide a trash dumpster. All material removed and leaving the building (including any tools brought on site) must be cleared by NIST Health Physics before it can leave the site. If any contamination is found, NIST will be responsible for cleaning

it. NIST will be responsible for disposal if the item cannot be cleaned, however, will not replace the equipment.

Work will be performed in a NIST controlled area. Contractor personnel shall not leave or enter the work-site unless they are escorted by NIST personnel. NIST personnel shall be available to escort Contractor personnel as required. No food or drink shall be permitted in the work area.

All work must be done in accordance with applicable specifications from Occupational Safety and Health Administration (OSHA). If any cutting, welding, grinding, or other similar operations are done, measures must be taken to protect near-by equipment from smoke, sparks, grit, and any other residue generated. The Contractor shall not weld or cut prior to the issuance of a “Weld and Burn” permit through the NIST Fire Department. NIST shall be responsible for obtaining this permit. The Contractor must notify the COR at least one day in advance of any welding or cutting to ensure the permit is in hand.

5. Installation

5.1 Installation shall be provided by the contractor. The Contractor shall install, interconnect, and test the page phone system equipment. The contractor is responsible for the removal of all trash associated with the system installation (with the exception of contaminated materials as listed above). In addition, the contractor shall remove the old system including any associated equipment, cables, and conduit. All items must be submitted for review by the Health

Physics Unit.

The Contractor shall be responsible for managing the installation of the equipment in coordination with the COR, to include, but not limited to, the following:

5.1.1 The COR and the contractor shall coordinate the final installation schedule. The installation shall coincide with the plant’s operating and shut-down schedule and is subject to change. Tentative schedule is listed under Section 4, Site Preparation.

5.1.2 Confirmation with the COR prior to initiation of site work within 7 business days of starting work, and notifying the COR of installation schedule changes in advance of at least 3-5 business days, if possible.

5.1.3 Monitor site safety to comply with the approved Safety Plan. The contractor is required to provide a safety plan within 7 business days after receipt of order for review and approval by the COR and appropriate NIST personnel. The COR will provide approval within 7 business days. In addition, a detailed design plan shall be provided 7 business days prior to the installation to the COR for review and approval. The COR will review the detailed design plan not later than

7 business days after receipt of document. Any changes to the design must be approved by the

COR.

5.1.4 The Contractor shall integrate all system components, ensuring proper operation when connected to external system components, and demonstrating system readiness. Installation of the equipment shall be conducted such that it minimizes disruption or interference with other operations in the area.

5.1.5 Field fitted or installed equipment as described in the detailed design plan shall be coordinated and approved by the COR. The approval must be obtained immediately prior to commencement of field fitted or installed equipment.

5.1.6 The confinement area’s working environment is considered radiological and potentially contaminated. All existing equipment, piping and cement pedestals shall be considered contaminated. Protective clothing such as coveralls, booties and gloves shall be worn as directed by Health Physics. Protective clothing will be provided by the NCNR. Additionally, long pants and closed toe shoes are also required.

5.1.7 The installation personnel shall be accompanied by personnel from the Health Physics department and or Operations and Engineering department while working in confinement at the

NCNR at all times.

5.1.8 The Contractor shall ensure existing site equipment and structures are protected and that the site is clean and free of debris and trash generated as a course of the equipment installation upon completion. Any activated debris and trash generated shall be coordinated with the NCNR

Health Physics department.

5.1.9 Any damage to the building or existing equipment within the building caused as a result of the work being performed during NCNR installation and removal of old equipment shall be corrected by the Contractor prior to site acceptance.

6. Training

6.1 Training shall occur after acceptance of the final installed system.

The contractor shall conduct one (1) training session for up to five (5) users at the Gaithersburg, MD NIST location. The training shall be scheduled for a maximum of two consecutive business days for a maximum of eight (8) consecutive hours per session between the hours of 9:00 am

EST and 5:00 pm EST. The exact date, day and time shall be mutually agreed upon and scheduled based on availability of the NIST Users and the Contractor Trainer.

7. Express Warranty

7.1 The contractor shall warrant the entire system for a period of at least one year. The warranty must include unlimited telephone/e-mail support for questions regarding operation. All costs including parts, labor, travel, and other expenses necessary to repair the system will be borne solely by the contractor at no additional cost to the U.S. Government.

8. Deliverables:

8.1. Safety Plan: The safety plan shall consist of the items listed in the attached

NIST Safety and Health Plan Guidelines. The Safety plan must be provided to the COR electronically, either PDF or Word format, not later than 7 days after receipt of award. The COR will review within 7 business days after receipt of plan.

8.2. Manufacturer’s documentation and manuals for components supplied. Must be either PDF or Word Document. Electronic or hard copy submission is acceptable. Must be provided to the COR upon final testing of system.

8.3. AutoCAD drawings (including list of materials within the drawings and location of installed phones (identification) of the system (on CD and one paper copy). Must be provided to the COR upon final testing of system.

8.4. Final system installation, spare parts (speakers and phones), training, and testing of the system shall be completed not later than December 31, 2015.

Inspection and Acceptance

In addition to the inspection and acceptance terms articulated in 52.212-4, the Government reserves the right to perform such performance tests and evaluations as defined below to verify specified system performance. Such tests and evaluations, if performed, shall be conducted within the environment that the system is to be operated. The Contractor has the right to be present during the tests and evaluations, if performed, at the Contractor’s expense.

The following tests shall be performed within 30 days after installation:

1. The Government shall test each installed phone and pager system to ensure compliance of the solicitation and operates in accordance with the original manufacturers specifications.

9. GOVERNMENT FURNISHED PROPERTY, DATA AND/OR INFORMATION

The contractor will be provided with ladders and drills within the process room only.

10. PERIOD OF PERFORMANCE:

Not later than December 31, 2015.

11. PLACE OF PERFORMANCE

The place of performance will be at NIST Gaithersburg, MD.

Invoicing Procedures:

(a) The Contractor shall submit an original invoice or voucher in accordance with the payments provisions of this contract to:

NIST

Accounts Payable Office

100 Bureau Drive, Mail Stop 1621

Gaithersburg, MD 20899-1621

FAX Number: 301-975-8283

Email: invoice@nist.gov

(b) Each invoice or voucher submitted shall include the following:

Contract Number.

Contractor Name and Address.

Date of Invoice.

Invoice Number.

Amount of Invoice, and cumulative amount invoiced to-date.

Contract Line Item Number (CLIN).

Description, quantity, unit of measure, unit price, and extended price of supplies/services delivered.

Prompt payment discount terms, if offered.

Any other information or documentation required by the contract.

Provisions and Clauses:

The following provisions and clauses apply to this acquisition and are hereby incorporated by reference or in full text. All FAR clauses may be viewed at https://www.acquisition.gov/Far/.

All Department of Commerce Acquisition Regulation (CAR) clauses may be viewed at http://farsite.hill.af.mil/reghtml/regs/other/car/1301.htm.

Provisions

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

Agreements—Representation (DEVIATION 2015-02)

In accordance with section 743 of Division E, Title VII, of the Consolidated and

Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(End of provision)

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

Conviction Under Any Federal Law (Class Deviation) (March 2015) https://www.acquisition.gov/Far/

(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)

52.212-1 Instructions to Offerors-Commercial Items

52.212-3 Offeror Representations and Certifications-Commercial Items

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.

Clauses:

52.212-4 Contract Terms and Conditions—Commercial Items http://www.acquisition.gov/

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

Commercial Items:

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or

Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with

Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C.

3509).

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

Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the

American Recovery and Reinvestment Act of 2009).

_X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul

2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

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

(Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

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

Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note).

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

(Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15

U.S.C. 657a).

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

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

Concerns (Oct 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

_X_ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

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

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

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and

(3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637 (d)(4)).

___ (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 (Nov 2011) (15 U.S.C. 644(r)).

_X_ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

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

2011) (15 U.S.C. 657f).

_X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15

U.S.C. 632(a)(2)).

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

Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

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

Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O.

13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

_X_ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

_X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

_X_ (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496).

_X_ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and

E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

___ (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (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 (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014)

(E.O.s 13423 and 13514

___ (ii) Alternate I (Jun 2014) of 52.223-13.

___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

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

2014) (E.O.s 13423 and 13514).

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

_X_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving

(Aug 2011) (E.O. 13513).

___ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

__X_ (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014)

(41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19

U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-

283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X__ (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury).

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

States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal

Year 2008; 10 U.S.C. 2302 Note).

___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

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

2007) (42 U.S.C. 5150).

___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41

U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10

U.S.C. 2307(f)).

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

(Jul 2013) (31 U.S.C. 3332).

___ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award

Management (Jul 2013) (31 U.S.C. 3332).

___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

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

2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price

Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C.

chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price

Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May

2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658).

___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42

U.S.C. 1792).

___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records

-- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor

Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the

Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause

52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May

2014) (41 U.S.C. chapter 67.)

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiv) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States

(Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year

2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42

U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph

(d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

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

Agreements (DEVIATION 2015-02)

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.

The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

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)

52.204-9 Personal Identity Verification of Contractor Personnel

52.223-5 Pollution Prevention and Right to Know Information

52.223-6 Drug Free Workplace

52.228-5 Insurance Work on a Government Installation

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

52.236-13 Accident Prevention

52.232-39 Uneforceablility of Unauthorized Obligations

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

1352.201-70 Contracting Officer’s Authority

1352.201-72 Contracting Officer’s Representative

1352.209-73 Compliance With The Laws

1352.209-74 Organizational Conflict of Interest

Instructions:

System for Award Management (SAM):

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:

http://www.sam.gov/

Offerors shall submit their quotations so that NIST receives them not later than 3:00 pm eastern time on August 19, 2015. FAX quotations shall not be accepted. E-mail quotations shall be accepted at Lynda.Roark@nist.gov. Offerors’ quotations shall not be deemed received by the

Government until the quotation is entered into the e-mail address inbox set forth above.

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

Management Division, Attn: Lynda Roark, 100 Bureau Drive, Stop 1640, Gaithersburg, MD

20899-1640. All offerors should ensure the RFQ number is visible on the outermost packaging.

Because of heightened security, electronic submission is 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

Lynda.Roark@nist.gov.

Addendum to FAR 52.212-1, Quotation Preparation Instructions:

1). Price Quotation:

The offeror shall submit an original and four copies 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 is required, for each CLIN. Price quotations shall remain valid for a period of 90 days from the date quotations are due.

2). Technical Quotation:

The technical quotation shall address the following:

Technical Capability: The offeror shall supply a technical quotation for all of the requirements listed within this solicitation. The Offeror shall address each of the requirements listed in the statement of work, including the equipment being offered and services required to meet all requirements. The Offeror shall demonstrate its capability in meeting the requirements, by including all necessary infrastructure, necessary personnel, staffing plan, and other resources, to meet the requirements.

In addition, the Offeror shall provide the following:

1. Impact Analysis and detailed design plan: The Impact Analysis and Detailed Design Plan must include, at a minimum, a strategy to be utilized that will reduce a shut down in its entirety of the existing phone system. The contractor shall provide an impact analysis describing the impact the installation of the new system will have on the old system. NIST requires the current system not be down for more than a 24 hour period. Partial tear-down of the existing system is allowed as long as each section is not down for more than 24 hours.

mailto:Lynda.Roark@nist.gov

2. Quality/Compliance Plan: The Contractor shall provide a quality and compliance plan consisting of any site work to be conducted consists of sound construction, electrical, and mechanical commercial practices. The Contractor shall provide what construction, electrical, and mechanical commercial practices and local building codes, and equipment manufacturer’s specifications will be followed.

3.) Experience:

The offeror shall demonstrate the extent to which it has recently manufactured, distributed, and installed similar equipment. The offeror shall submit a list of at least three similar systems supplied in the past five (5) years. Information shall include the model name/number, date of sale, end user name, and end user contact information.

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.

5). Acceptance of RFQ 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 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.

Award Determination:

The award shall be made to the Offeror whose quotation offers the best value to the Government.

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.

Each quotation will be evaluated against the factors described below. An offeror's failure to address any factor may be considered indicative of the offeror's lack of understanding of the

Government's requirements and may result in the offer being determined unacceptable.

Quotations will be evaluated based on the factors identified below:

The Technical Evaluation Factors, Technical Capability, Experience and Past Performance, will be evaluated using adjectival ratings (Excellent, Good, Marginal, Acceptable, and

Unacceptable).

Evaluation Factors:

1. Technical Capability:

Evaluation of Technical Capability shall be based on the information provided in the quotation.

NIST will evaluate whether the offeror(s) has demonstrated that its proposed equipment and services, including a staffing plan, infrastructure, and all other resources, meets or exceeds all requirements. Quotations that do not demonstrate the proposed equipment and services meets all requirements will not be considered further for award. Offeror(s) shall also include product literature which addresses all specifications of equipment being offered & clearly documents that the product offered meets or exceeds the specifications identified herein.

NIST will evaluate the Impact Analysis and Detailed Plan for a realistic and reasonable approach to ensuring limited down time of existing system, 24 hours or less.

NIST will evaluate the Quality/Compliance plan for local construction, electrical, and mechanical commercial practices that will be followed, as well as what local building codes, and equipment manufacturer’s specifications will be followed.

The Government shall give stronger consideration for the following, in no particular order:

3.7 The ability to isolate certain parts or channels of the system is required. This shall be done from the Control Room for the plant. The Government shall give stronger consideration for use of a smaller remote panel in the Control Room for this function (separate from the

Main Control Panel if possible) as space is limited in this area.

4.1 The nature of our business requires that any holes drilled into the confinement areas be approved by the COR prior to drilling and holes must be resealed in a manner to pass leak testing requirements (testing will be done by the NCNR). The Contractor shall indicate within their quotation where the holes will be drilled. There are existing conduit runs in and out of confinement areas which can be used to run cables. However, these too must be re-sealed afterwards. Other existing conduit within confinement and office areas may be used if available.

Where conduit is not available, new conduit must be run. The Government will give stronger consideration to those who utilize existing conduit.

2. Experience:

NIST will evaluate the extent of the offeror’s experience providing similar or same equipment and services.

3. Past Performance:

The Government will evaluate the Offeror's past performance information and, if appropriate, its proposed subcontractors' past performance to determine its relevance to the current requirement and the extent to which it demonstrates that the offeror has successfully completed relevant contracts in the past five years. In assessing the offeror's past performance information, NIST will evaluate, as appropriate, successful performance of contract requirements, quality and timeliness of delivery of goods and services, cost management, communications between contracting parties, proactive management and customer satisfaction.. Evaluation of this factor will be based on information contained in the technical portion of the quotation and information provided by references. The Government will evaluate past performance information by contacting appropriate references, including NIST references, if applicable. The Government may also consider other available information in evaluating the Offeror’s past performance. The

Government will assign a neutral rating if the offeror has no relevant past performance information.

4. Price:

The Government will evaluate the Contractor’s ability to deliver an efficient and…