FINAL_COMBINED_SYNOPSIS_11.3.15.pdf

THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

PREPARED IN ACCORDANCE WITH THE FORMAT IN FAR SUBPART 12.6-

STREAMLINED PROCEDURES FOR EVLAUATION AND SOLICITATION FOR

COMMERCIAL ITEMS-AS SUPPLEMENTED WITH ADDITIONAL INFORMATION

INCLUDED IN THIS NOTICE. THIS ANNOUNCEMENT CONSTITUTES THE ONLY

SOLICITATION; QUOTATIONS ARE BEING REQUESTED AND A SEPARATE WRITTEN

SOLICITATION DOCUMENT WILL NOT BE ISSUED. THE SOLICITATION IS BEING

ISSUED USING SIMPLIFIED ACQUISITION PROCEDURES.

This solicitation is a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC-84)

1352.215-72 INQUIRIES (APR 2010)

Offerors must submit all questions concerning this solicitation in writing to the contract specialist within seven (7) days of the posting. All responses to the questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract.

(end of provision)

The associated North American Industrial Classification System (NAICS) code for this procurement is 332410 with a small business size standard of 500 employees. This requirement is being set aside 100 percent for small businesses.

In accordance with the non-manufacturer rule, the contractor shall be a small business under the applicable size standard and shall provide either its own product or that of another domestic small business manufacturing or processing concern. See FAR 19.102(f) for additional information.

Background

The NIST Sensor Science Division is responsible for advancing the measurement sciences which includes temperature. The Sensor Science Division has a need for sodium filled isothermal furnace liners (IFL) (heat pipes) for five fixed point furnaces in order to perform high temperature calibrations in support of the resistance thermometry, radiance temperature, and spectral radiance calibration services. The current furnaces were built with Alloy 600/601 IFLs and they have failed after extended use above 1075 °C. These furnaces need the Haynes 230 Alloy IFL upgrade which was specifically developed for extended use above 1075 °C which is required for operation at the gold fixed point temperature near 1064 °C.

The fixed point furnaces are used to calibrate standard platinum resistance temperatures, radiation thermometers, and radiance temperature lamps. These furnaces need sodium filled isothermal furnace liners (IFL) (heat pipes), to ensure an isothermal zone that is required to support the uncertainties that are claimed by these five laboratories.

The furnaces are a NIST design. The six (6) required liners will be installed in the various furnaces by NIST staff.

The Contractor shall provide a Firm Fixed Price Quotation for the following:

CLIN 0001, Quantity of four (4), Sodium Filled Isothermal Furnace Liner (Heat Pipe), meeting the following minimum requirements:

a) Operating range: 500 °C to 1100 °C

b) Dimensions: 2.06 inch +/- 0.02 inch ID by 3.50 inch OD by 12 inch long

c) Uniformity: Within 0.1 °C over liner length

d) Wall material: Haynes 230 alloy (Nominal chemical composition 57Ni-22Cr-

14W-2Mo)

e) Open both ends

CLIN 0002, Quantity of one (1), Sodium Filled Isothermal Furnace Liner (Heat Pipe), meeting the following minimum requirements:

a) Operating range: 500 °C to 1100 °C

b) Dimensions: 1.63 inch +/- 0.02 inch ID by 2.88 inch OD by 12 inch long

c) Uniformity: Within 0.1 °C over liner length

d) Wall material: Haynes 230 alloy (Nominal chemical composition 57Ni-22Cr-

14W-2Mo)

e) Open both end

CLIN 0003, Quantity of one (1), Sodium Filled Isothermal Furnace Liner (Heat Pipe), meeting the following minimum requirements:

a) Operating range: 500 °C to 1100 °C

b) Dimensions: 2.06 inch +/- 0.02 inch ID by 3.50 inch OD by 24 inch long

c) Uniformity: Within 0.1 °C over liner length

d) Wall material: Haynes 230 alloy (Nominal chemical composition 57Ni-22Cr-

14W-2Mo)

e) Open both ends

Express Warranty:

The contractors commercial warranty terms shall apply. Warranty shall commence upon acceptance by the Government. 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.

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 90 days after receipt of instrument:

1. The dimensions of the liners will be checked upon receipt. The liners will be installed and tested for uniformity in the furnaces within 90 days after receipt of liners.

Delivery Terms:

Delivery shall be FOB Destination. Delivery shall be in accordance with the Contractors standard commercial lead time.

FOB Destination means: The contractor shall pack and mark the shipment in conformance with carrier requirements, deliver the shipment in good order and condition to the point of delivery specified in the purchase order, be responsible for any loss of and/or damage to the goods occurring before receipt and acceptance of the shipment by the consignee at the delivery point specified in the purchase order; and pay all charges to the specified point of delivery. The contractor shall deliver all Line Items to:

The National Institute of Standards and Technology

100 Bureau Drive, Building 301 Shipping and Receiving

Gaithersburg, MD 20899-1640

PROVISIONS AND CLAUSES:

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

Provisions

52.204-7 – System for Award Management

52.212-1 – Instructions to Offerors-Commercial Items

52.212-3 – Offerors Representations and Certifications-Commercial Items

52.204-16 – Commercial & Government Entity Code Reporting

52.204-17 – Ownership or Control of Offeror

52.204-18 – Commercial & Government Entity Code Maintenance http://acquisition.gov/comp/far/index.html

52.225-4, Buy American Free Trade Agreements Israeli Trade Act Certificate

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)

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

Conviction Under Any Federal Law (Class Deviation) (March 2014)

(1) In accordance with Sections 536 and 537 of Division B of Public Law 113-76 Consolidated

Appropriations Act, 2014, none of the funds made available by Consolidated Appropriations

Act, 2014 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.

(End of provision)

Clauses

52.204-13 – System for Award Management

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;

52.204-10 – Clause Reporting Executive Compensation and First-Tier Subcontract

Awards 52.219-4 – Notice of Price Evaluation Preference for HUBZone Small Business

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

52.219-28 – Post Award Small Business Program Representation (Apr 2009) (15 U.S.C.

632(a)(2)).

52.222-50 – Combatting Trafficking in Persons (FEB 2009)(22 U.S.C.7104(g))

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

52.233-4 – Applicable Law for Breach of Contract Claim

52.222-3 – Convict Labor (June 2003)(E.O. 11755)

52.222-19 – Child Labor – Cooperation with Authorities and Remedies (Jan 2014)(E.O.

13126) 52.222-21 – Prohibition of Segregated Facilities (Feb 1999)

52.222-26 – Equal Opportunity (Mar 2007)(E.O. 11246

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

52.223-18- Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug

2011)(E.O 13513)

52.225-3 – Buy American Free Trade Agreements Israeli Trade Act (Jun 2009) (41

U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L.

108-77, 108-78, 108-286, 108-301, 109-53, 109-169, 109-283, and 110-138. (ii)

Alternate I (Jan 2004) of 52.225-3

52.225-13 – Restrictions on Certain Foreign Purchases (June 2008)(E.O.’s, proclamations, and statues administered by the Office of Foreign Assets Control of the

Department of the Treasury 52.232-33 – Payment By Electronic Funds Transfer –

System for Award Management (Jul 2013) 931 U.S.C. 3332)

52.225-25 – Prohibition on Contracting with Entities Engaging in Certain Activities or

Transactions Relating to Iran – Representations and Certifications

52.232-39 – Unenforceability of Unauthorized Obligations

52.232-40 – Providing Accelerated Payments to Small Business Contractors

52.247-35 – FOB Destination, within Consignee’s Premises

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

Confidentiality Agreements (DEVIATION 2015-02)

PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN

INTERNAL CONFIDENTIALITY AGREEMENTS (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 543 and 544 of Public Law 112-55 Commerce, Justice, Science, and Related Agencies Appropriations Act 2012, Title V (General Provisions) none of the funds made available by that Act 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, 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.

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, 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 agreements with the authority responsible for collecting the tax liability.

The following provisions and clauses apply to this acquisition and are hereby incorporated by reference. All CAR clauses may be viewed at http://www.ecfr.gov

1352.201-70 – Contracting Officers Authority

1352.209-73 – Compliance with the Laws (APR 2010)

1352.209-74 – Organizational Conflict of Interest

1352.246-70 – Place of Acceptance

NIST LOCAL

-04 Billing Instructions – http://www.ecfr.gov/

(a) NIST prefers electronic Invoice/Voucher submissions and they should be emailed to

INVOICE@NIST.GOV.

(b) Each Invoice or Voucher submitted shall include the following: (1) Contract Number.

(2) Contractor Name and Address. (3) Date of Invoice. (4) Invoice Number. (5) Amount of Invoice and Cumulative Amount Invoiced to-date. (6) Contract Line Item Number

(CLIN). (7) Description, Quantity, Unit of Measure, Unit Price, and Extended Price of

Supplies/Services Delivered. (8) Prompt Payment Discount Terms, if Offered. (9) Any other information or documentation required by the contract.

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

NIST: Accounts Payable Office 100 Bureau Drive, Mail Stop 1621 Gaithersburg, MD

20899-1621 (End of clause)

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

Offerors shall submit their quotations so that NIST receives them not later than 12:00 PM

Eastern Standard Time on November 18, 2015. FAX quotations shall not be accepted. E-mail quotations shall be accepted at Ching.Hung@nist.gov. Please reference the RFQ number in the subject line of email communications. Offerors’ quotations shall not be deemed received by the Government until the quotation is entered in the e-mail box set forth above.

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

Management Division, Attn: Ching Hung, 100 Bureau Drive, Mail Stop 1640, Gaithersburg, MD

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

Because of heightened security, electronic delivery methods are the preferred method of delivery of quotes. If quotes are hand delivered, delivery shall be made on the actual due date through

Gate A, and a 48 hour (excluding weekends and holidays) prior notice shall be provided to

Ching.Hung@nist.gov, Contract Specialist on 301-975-4686.

Addendum to FAR 52.212-1, Quotation Preparation Instructions

1) Price Quotation: The offeror shall submit an original and one copy of the completed priced 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 for each CLIN. Contractor mailto:INVOICE@NIST.GOV http://www.sam.gov/ shall state warranty coverage. Price quotations shall remain valid for a period of 90 days from the date quotations are due.

2) Technical Quotation: The offeror shall submit an original and one copy of the technical quotations. If the quotation is submitted electronically, additional copies are not required. The technical quotation shall address the following:

Technical Capability: The offeror shall submit a technical description or product literature for the equipment it is proposing, which clearly identifies the manufacturer and part number. The offeror must demonstrate that its proposed equipment meets each minimum requirement described in the above statement of work by providing a citation to the relevant section of its technical description or product literature. If applicable, evidence that the Offeror is authorized by the original manufacturer to provide the items in the quotation shall be included.

3). 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 shall 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.

QUOTATION EVALUATION:

Evaluation Factors

Award shall be made to the offeror whose quotation is deemed technically acceptable and is lowest price. The Government will evaluate quotations based on the following evaluation criteria: 1) Technical Capability and 2) Price.

1. Technical Capability: No prototypes, demonstration models, used or refurbished instruments will be considered. Evaluation of technical capability shall be based on the information provided in the quotation. NIST will evaluate whether the offeror has demonstrated that its proposed equipment meets or exceeds all minimum requirements. Quotations that do not demonstrate the proposed equipment meets all requirements will not be considered further for award. If an offeror does not indicate whether its proposed equipment meets a certain minimum requirement, NIST will determine that it does not.

2. Price: The Government will evaluate price for reasonableness.

1352.233-70 AGENCY PROTESTS (APR 2010)

(a) An agency protest may be filed with either: (1) the contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64

Fed. Reg. 16,651 (April 6, 1999)

(b) Agency protests filed with the Contracting Officer shall be sent to the following address:

NIST/ACQUISITION MANAGEMENT DIVISION

ATTN: Lynda Roark, CONTRACTING OFFICER

100 Bureau Drive, MS 1640

Gaithersburg, MD 20899

(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address:

NIST/ACQUISITION MANAGEMENT DIVISION

ATTN: HEAD OF THE CONTRACTING OFFICE (HCO)

100 Bureau Drive, MS 1640

Gaithersburg, MD 20899

(d) A complete copy of all agency protests, including all attachments, shall be served upon the

Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority.

(e) Service upon the Contract Law Division shall be made as follows:

U.S. Department of Commerce

Office of the General Counsel

Chief, Contract Law Division

Room 5893

Herbert C. Hoover Building

14th Street and Constitution Avenue, N.W.

Washington, D.C. 20230.

FAX: (202) 482-5858

1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

(a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed.

(b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of

Federal Claims.

(c) Service upon the Contract Law Division shall be made as follows:

U.S. Department of Commerce

Office of the General Counsel

Chief, Contract Law Division

Room 5893

Herbert C. Hoover Building

14th Street and Constitution Avenue, N.W.

Washington, D.C. 20230.

FAX: (202) 482-5858