(M)SDS_DATABASE_SUB._9-2015.doc

TITLE: (M)SDS Management and Chemical Label Generator Database Subscription

SOLICITATION NO.: SB1341-15-RQ-1070

THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL SERVICES PREPARED IN ACCORDANCE WITH THE FORMAT IN FAR SUBPART 12.6 – STREAMLINED PROCEDURES FOR EVALUATION AND SOLICITATION FOR COMMERCIAL ITEMS-AS SUPPLEMENTED WITH ADDITIONAL INFORMATION INCLUDED IN THIS NOTICE. FAR PART 13 SIMPLIFIED ACQUISITION PROCEDURES ARE UTILIZED IN THIS PROCUREMENT. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTATIONS ARE BEING REQUESTED AND A WRITTEN SOLICITATION DOCUMENT WILL NOT BE ISSUED.

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) 2005-84.***

*** The associated North American Industrial Classification System (NAICS) code for this procurement is 519130 with a small business size standard of 500 employees. This acquisition is 100% set-aside for small business***

***The National Institute of Standards and Technology (NIST) has a requirement for multi-campus access to a commercial database of chemical Safety Data Sheets (SDS) with an application for chemical label generating*** BASE PERIOD: 09/28/2015 through 09/27/2016

CLIN 0001: Annual online subscription to an (M)SDS Management and Chemical Label Generator database; 5-seat

QTY: 1 YR.

OPTION YEAR 1: 09/28/2016 through 09/27/2017

CLIN 0002: Annual online subscription to an (M)SDS Management and Chemical Label Generator database; 5-seat

QTY: 1 YR.

OPTION YEAR 2: 09/28/2017 through 09/27/2018 CLIN 0003: Annual online subscription to an (M)SDS Management and Chemical Label Generator database; 5-seat

QTY: 1 YR.

OPTION YEAR 3: 09/28/2018 through 09/27/2019

CLIN 0004: Annual online subscription to an (M)SDS Management and Chemical Label Generator database; 5-seat

QTY: 1 YR.

OPTION YEAR 4: 09/28/2019 through 09/27/2020

CLIN 0005: Annual online subscription to an (M)SDS Management and Chemical Label Generator database; 5-seat

QTY: 1 YR.

The following is the Statement of Work (SoW):

Statement of Work

Online Database of Safety Data Sheets and Chemical Label Generator

I.

BACKGROUND

The National Institute of Standards and Technology (NIST) is an agency of the U.S. Department of Commerce. NIST's mission is to promote U.S. innovation and industrial competitiveness by advancing measurement science, standards, and technology in ways that enhance economic security and improve our quality of life. NIST’s mission is carried out primarily through the operation of facilities in two locations: Gaithersburg, Maryland (234-hectare/578-acre site) and Boulder, Colorado, (84-hectare/208-acre site). NIST employs about 3,000 scientists, engineers, technicians, and administrative personnel. About 1,800 NIST associates complement the staff.

The NIST Environmental Management Group (EMG), within the Office of Safety, Health and Environment) assists NIST Operating Units in communicating chemical hazards to their staff and in complying with Federal Hazard Communication Regulations (29 CFR 1910.1200). In this effort, EMG provides all NIST staff with access to an extensive database of Safety Data Sheets and chemical label generating software.

II.

OBJECTIVE

Acquire online access to a commercial database of chemical Safety Data Sheets for all NIST Employees at both campuses.

Federal regulations (29 CFR 1910.1200) require that a Safety Data Sheet (SDS) be “readily available” for all hazardous materials being stored/used. NIST must meet this requirement and also must have immediate access to an SDS database for emergency response to chemical related incidents, and for comparison to hazard information presented by chemical vendors.

NIST also requires a chemical label generating application that will produce chemical labels for all chemicals in the SDS database.

III.

SCOPE

NIST will purchase access to an online database of SDSs. The database shall include general (e.g., not prepared by a chemical manufacturer for a specific product) SDSs and vendor generated SDSs searchable by standard chemicals names and synonyms, and commercial chemical names. The database shall have SDSs for a minimum of 700,000 chemicals and 20,000,000 vendor SDSs. The SDSs must meet the format and content requirements of current federal hazard communication regulations.

The SDS database shall be accessible to all NIST employees at both campuses and accommodate up to 5 concurrent users. Access must be through IP address recognition, such that any individual with a NIST e-mail address can access the database without the use of a username or password.

The database shall also have label making capability such that various label formats (i.e., to affix to various size/shape containers) can be generated for each chemical in the database, and the labels shall meet the format and content requirements of current federal hazard communication regulations.

IV.

REGULATORY REQUIREMENTS

The Hazard Communication regulations in 29 CFR 1910.1200 specify the requirements for SDSs and chemical labelling.

V.

GOVERNMENT FURNISHED PROPERTY, DATA AND/OR INFORMATION

NIST will provide the Contractor with IP addresses that will be permitted access to the database.

VI.

SCHEDULE

TASK

SCHEDULE

Program access for NIST Staff

To the vendor’s SDS database

2 weeks post award

Provide on-line training to NIST

Staff in the use of the database

4 weeks post award

Period of performance: 1 year from award with (4) additional option years

VII. Minimum Requirements

Access to the vendor’s SDS database for all NIST staff that have a NIST e-mail address.

Ability for NIST staff to generate appropriate container labels from the SDS database

VII.

GOVERNMENT ACCEPTANCE

The Contractor shall demonstrate that all minimum requirements in this Statement of Work have been satisfied.

***END OF STATEMENT OF WORK***

***This is an Open-Market Combined Synopsis/Solicitation for a commercial subscription as defined herein. The Government intends to award a Purchase Order as a result of this Combined Synopsis/Solicitation that will include the terms and conditions that are set forth herein. In order to facilitate the award process, ALL quotations shall include a statement regarding the terms and conditions herein as follows:

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

OR

The Offeror shall state “The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:

Offeror shall list exception(s) and rationale for the exception(s).

Offerors that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

***Please note that this procurement is not being conducted under the GSA Federal Supply Schedule (FSS) program or another Government-Wide Area Contract (GWAC). If an Offeror submits a quotation based upon an FSS or GWAC contract, the Government will accept the quoted price. However, the terms and conditions stated herein will be included in any resultant Purchase Order, not the terms and conditions of the Offeror’s FSS or GWAC contract, and the statement required above shall be included in the quotation.

***EVALUATION CRITERIA AND BASIS FOR AWARD***

Award will be made to the Contractor that provides the lowest priced, technically acceptable quotation.

Technical acceptability means that the quotation complies with all stated minimum specifications. The Government will evaluate information based on the following evaluation criteria: 1) technical capability factor “meeting or exceeding the requirement”, and 2) price.

Evaluation of technical capability will be based on the information provided in the quotation. The Government will evaluate whether the offeror demonstrates that the offered subscription product meets or exceeds the specifications defined in the Statement of Work. Quotations that do not demonstrate compliance with the minimum specifications will not be considered further for award.

Price: will be evaluated for reasonableness, accuracy, and completeness.

***REQUIRED SUBMISSIONS***

All offerors shall submit:

a. Technical Volume: for technical acceptability evaluation purposes, the technical volume shall include literature for the subscription product offered and sufficient information to demonstrate the offerors ability to meet the Governments requirements, providing a concise and detailed discussion of its intended technical approach for fulfilling the Statement of Work minimum specifications.

***TO ASSIST IN ESTABLISHING TECHNICAL ACCEPTABILITY, THE OFFEROR SHALL PROVIDE A URL THAT WILL GRANT TEMPORARY ACCESS TO THE PORTAL OF ITS ON-LINE (M)SDS MANAGEMENT AND CHEMICAL LABEL GENERATOR DATABASE BEING PROPOSED***.

b. A firm fixed-price quotation for an annual (M)SDS Management and Chemical Label Generator database on-line subscription – for a 1-yr. base period + (4) 1-yr. option periods

The Government intends to make a single award and reserves the right to make no award as a result of this RFQ.

The Government intends to evaluate quotations and award a purchase order without discussions with offerors. Therefore, the offeror's initial quotation should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any and or all quotations if such action is in the public interest.

***APPLICABLE PROVISIONS AND CLAUSES***

The full text of a FAR provision or clause may be accessed electronically at http://acquisition.gov/far/index.html

The following FAR provisions apply to this acquisition:

52.204-7 System for Award Management (JUL 2013);

52.204-16 Commercial and Government Entity Code Reporting (NOV 2014);

52.204-17 Ownership or Control of Offeror (NOV 2014);

52.212-1 Instructions to Offerors – Commercial Items;

52.212-3 Offerors Representations and Certifications- Commercial Items (APR 2014);

52.222-22 Previous Contracts and Compliance Reports (FEB 1999);

52.222-25 Affirmative Action Compliance (APR 1984);

52.225-25 Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran – Representation and Certification (DEC 2012);

52.252-1 Solicitation Provisions Incorporated by Reference

Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://acquisition.gov/far/index.html

All interested offerors must be actively registered in the System for Award Management (SAM) website located at https://www.sam.gov and must complete annual representations on-line in SAM 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.

The following FAR clauses apply to this acquisition:

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 the 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.

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.

52.204-13 System for Award Management Maintenance (JUL 2013);

52.204-18 Commercial and Government Entity Code Maintenance (NOV 2014);

52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014);

52.212-4 Contract Terms and Conditions – Commercial Items (MAY 2015);

52.217-5 Evaluation of Options;

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

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 10 days of contract expiration.

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

Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 1 day; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 10 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013);

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013);

52.247-34 F.O.B. Destination (NOV 1991) 52.252-2 Clauses Incorporated by Reference;

Clauses Incorporated By Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://acquisition.gov/far/index.html

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders (MAY 2015) — Commercial Items including subparagraphs:

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2013);

52.219-6 Notice of Total Small Business Set-Aside (NOV 2011);

52.219-13 Notice of Set-Aside of Orders (NOV 2011);

52.219-28 Post Award Small Business Program Rerepresentation (JUL 2013);

52.222-3 Convict Labor (JUN 2003);

52.222-21 Prohibition of Segregated Facilities (APR 2015);

52.222-26 Equal Opportunity (APR 2015);

52.222-36 Affirmative Action for Workers with Disabilities (JUL 2014);

52.222-50 Combatting Trafficking in Persons (MAR 2015);

52.223-18 Contractor Policy to Ban Text Messaging While Driving (AUG 2011);

52.225-13 Restriction on Certain Foreign Purchases (JUN 2008); and 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (JUL 2013) The following Department of Commerce (CAR) provisions and clauses apply to this acquisition. The CAR can be accessed online at https://federalregister.gov/a/2010-4132 :

PROVISION:

1352.213-70 Evaluation Utilizing Simplified Acquisition Procedures

CLAUSES:

1352.201-70 Contracting Officer’s Authority;

1352.209-73 Compliance with the Laws;

1352.209-74 Organizational Conflict of Interest;

1352.233-70 Agency Protests;

1352.233-71 GAO and Court of Federal Claims Protests;

1352.239-70 Software License Addendum;

1352.239-71 Electronic and Information Technology 1352.246-70 Place of Acceptance;

1352.270-70 Period of Performance

SUBSCRIPTIONS – this contract covers the above subscription(s) only for the period(s) indicated. Do not renew beyond the period indicated unless a formal contract modification is received. The Government will not assume liability for on-line access supplied after the period indicated.

ADVANCE PAYMENT – Advance payment will be made under this order after receipt of a proper invoice referencing the order number. The amount of the invoice shall not exceed the identified total amount of CLIN 0001 for the base period, CLIN 0002 for option year 1, CLIN 0003 for option year 2, CLIN 0004 for option year 3 and CLIN 0005 for option year 4.

NIST LOCAL CLAUSE - BILLING INSTRUCTIONS:

(a) NIST prefers electronic Invoice/Voucher submissions and they should be emailed to invoice@nist.gov

(b) Each Invoice or Voucher submitted shall include the following: (1) Contract Number. (2) Contractor Name and Address. (3) Date of Invoice. (4) Invoice Number. (5) Amount of Invoice and Cumulative Amount Invoiced to-date. (6) Contract Line Item Number (CLIN). (7) Description, Quantity, Unit of Measure, Unit Price, and Extended Price of Supplies/Services Delivered. (8) Prompt Payment Discount Terms, if Offered. (9) Any other information or documentation required by the contract.

(c) In the event electronic submissions are not used, The Contractor shall submit an original invoice or voucher in accordance with the payment provisions of this contract to:

NIST: Accounts Payable Office

100 Bureau Drive, Mail Stop 1621

Gaithersburg, MD 20899-1621 And other appropriate clauses as needed

Department of Commerce Agency-Level Protest Procedures Level above the Contracting Officer is also incorporated. It can be downloaded at www.nist.gov/admin/od/contract/agency.htm ***Offerors shall e-mail their quotation to randy.schroyer@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. Each quotation shall include sufficient data to allow the Government to determine the amount, realism and consistency of the quoted fixed price. An e-mail quotation will be considered received when it is received in the electronic in-box of randy.schroyer@nist.gov not later than the date and time identified herein.

This RFQ does not commit the Government to pay any costs for the preparation and submission of a quotation.

The Contracting Officer is the only individual who can legally commit and obligate the Government to the expenditure of public funds in connection with this proposed acquisition.

Any questions regarding this solicitation shall be submitted in writing via e-mail to randy.schroyer@nist.gov no later than 5:00PM EST 11 Sep 2015. The Government will only respond to written questions. Questions submitted after this date and time may not be addressed by the Government prior to the quotation submission deadline.

***The due date and time for receipt of quotations is 16 Sep 2015 no later than 5:00PM EST.

Only information received on or before the due date and time for receipt of quotations will be considered for award. Any quotation, or part thereof, received after the due date and time for receipt of quotations, will be deemed late and not considered for award.