SB1341-16-RQ-0038_Attachment_I.docx

SB1341-16-RQ-0038

Attachment I – Combined Synopsis/Solicitation 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 a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 05-84, effective October 5, 2015.

The associated North American Industrial Classification System (NAICS) code for this procurement is 511210 – Software Publishers. The small business size standard is $38M. This acquisition is being procured using full-and-open competition. Simplified acquisition procedures will be utilized.

This is a brand name only requirement.

Background Information The Office of Reference Materials (ORM) at the National Institute of Standards and Technology (NIST) is responsible for creating Safety Data Sheets (SDSs) for NIST Standard Reference Materials (SRMs).

OSHA 1910.1200 requires the creation of a Safety Data Sheet (SDS) for hazardous chemicals. In order to be able to produce, sell and ship NIST SRMs to customers, NIST is required to create SDSs for many of its 1300 Standard Reference Materials (SRM). The Registry of Toxic Effects of Chemical Substances (RTECS) database originally developed and published by NIOSH is specifically listed by OSHA as an approved and congressionally mandated source of information for SDSs. The data that NIST requires from the RTECS database serves as an important reference for the identification of health hazards and provides the information to create SDSs for the SRMs that NIST produces.

NIST OSHE is implementing a program on the NIST campus to comply with the Occupational Safety and Health Administration (OSHA) HazCom 2012 requirements to create SDSs for hazardous chemicals. OSHE will use the information in the requirement to assist NIST in being compliant with OSHA 1910.1200.

ORM is responsible for creating SDSs for NIST SRMs. ORM will use the information in the RTECS to assist in the creation of SDSs for NIST SRMs. The SDSs will allow NIST to ship SRMs to its customers and ship materials off the NIST campus.

Consequently, NIST requires access to an online application that will be used to create Safety Data Sheet (SDS) for hazardous chemicals. NIST needs access to the online application for 10 concurrent seat licenses.

Responsible quoters shall provide pricing for the following line items:

BASE LINE ITEM 0001: Ten (10) Each Concurrent User Seat Licenses for Online Application access to RTECS Database including Technical Support in accordance with the requirements set forth in Attachment II – Specifications

OPTION LINE ITEM 0002: Ten (10) Each Concurrent User Seat Licenses for Online Application access to RTECS Database including Technical Support in accordance with the requirements set forth in Attachment II – Specifications

OPTION LINE ITEM 0003: Ten (10) Each Concurrent User Seat Licenses for Online Application access to RTECS Database including Technical Support in accordance with the requirements set forth in Attachment II – Specifications

OPTION LINE ITEM 0004: Ten (10) Each Concurrent User Seat Licenses for Online Application access to RTECS Database including Technical Support in accordance with the requirements set forth in Attachment II – Specifications

OPTION LINE ITEM 0005: Ten (10) Each Concurrent User Seat Licenses for Online Application access to RTECS Database including Technical Support in accordance with the requirements set forth in Attachment II – Specifications

OPTION LINE ITEM 0006: Ten (10) Each Concurrent User Seat Licenses for Online Application access to RTECS Database including Technical Support in accordance with the requirements set forth in Attachment II – Specifications

DELIVERY

Delivery shall be completed not later than January 4, 2016.

INSPECTION & ACCEPTANCE

NIST will complete inspection and final acceptance of the online application upon the Contractor’s successful completion of delivery.

PAYMENT SCHEDULE

Partial payments will be authorized. The Contractor shall bill on a monthly or quarterly basis in arrears. Payment will be approved upon receipt of a proper invoice, if all service required within the billing period have been successfully completed and accepted by the Government. Payment will not be authorized for services that are pending or have been rejected. Payment terms shall be Net 30 Days.

REQUIRED SUBMISSIONS

All quoters shall submit the following:

1. For the purpose of evaluation of Technical Capability:

Documentation and product literature, which clearly demonstrates that the online application and services being quoted meets or exceeds the specifications identified herein.

Documentation may take the form of screen shots, an electronic (pre-recorded) video demonstration, or any alternative means that demonstrates the application is capable of meeting the Government’s minimum specifications. If the quoter elects to submit screen shots, the quoter shall submit no more than 30 screen shots.

The quoter shall submit a PDF, which illustrates the printed output of the data record for Nitric Acid (CAS # 7697-37-2).

2. For the purpose of evaluation of Price:

A firm-fixed price, FOB Destination price quotation for each identified line item;

3. Quoters shall include a completed copy of the attached provision (Attachment III), “Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2015)” with their quotation in order to be considered for award.

4. This is a brand-name only open-market combined synopsis/solicitation for Online Application Access to RTECS Database 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:

a. 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

b. 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)

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.

5. The DUNS # for the quoter’s active System for Award Management (SAM) registration. Quoters must have an active registration at www.SAM.Gov to be considered for award.

DUE DATE FOR QUOTATIONS

E-mail quotations are required. All quotations must be submitted, via e-mail, to Adam Powell at adam.powell@nist.gov.

Submission must be received not later than 5:00 p.m. Eastern Time on December 9, 2015. An e-mail quotation shall be considered received when it is received in the electronic inbox of Adam Powell.

EVALUATION CRITERIA AND BASIS FOR AWARD

The Government will award a purchase order resulting from this solicitation to the responsible quoter whose quotation, conforming to the solicitation, is the lowest price technically acceptable quotation.

Technically acceptable means that the quoted product and services meets all required specifications identified herein.

Price will be evaluated for reasonableness.

PROVISIONS AND CLAUSES

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

The full text of a CAR provision or clause may be accessed electronically at http://farsite.hill.af.mil/reghtml/regs/other/car/1352.htm

The following FAR provisions apply to this acquisition:

52.203-98 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements—Representation (DEVIATION 2015-02);

52.212-1 Instructions to Offerors – Commercial Items;

52.212-3 Offeror Representations and Certifications – Commercial Items

· Offerors must complete annual representations and certifications on-line at www.SAM.GOV. If paragraph (j) of the provision applies, a written submission is required.

52.217-5 Evaluation of Options 52.225-2 – Buy American Certificate

The following FAR clauses apply to this acquisition:

52.203-99 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (DEVIATION 2015-02) 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 including subparagraphs:

· 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards;

· 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment;

· 52.222-3 Convict Labor;

· 52.222-19 Child Labor—Cooperation with Authorities and Remedies;

· 52.222-21 Prohibition of Segregated Facilities;

· 52.222-26 Equal Opportunity;

· 52.222-36 Equal Opportunity for Workers with Disabilities;

· 52.222-50 Combatting Trafficking in Persons;

· 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving;

· 52.225-1 Buy American Act-Supplies;

· 52.225-13 Restrictions on Certain Foreign Purchases;

· 52.232-33 Payment by Electronic Funds Transfer-System for Award Management 52.217-8 Option to Extend Services

· 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 any time prior to expiration of the contract.

52.217-9 Option to Extend the Term of the Contract

(a) The Government may extend the term of this contract by written notice to the Contractor within any time prior to expiration of the contract provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 15 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 52.237-2 Protection of Government Building, Equipment, and Vegetation;

52.247-34 FOB Destination;

52.252-2 Clauses Incorporated by Reference;

The following CAR clauses apply to this acquisition:

1352.201-70 Contracting Officer’s Authority;

1352.209-73 Compliance with the Laws;

1352.209-74 Organization Conflict of Interest;

1352.246-70 Place of Acceptance;

(a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract. (b) The place of acceptance will be:

National Institute of Standards and Technology 100 Bureau Drive Gaithersburg, MD 20899

The following NIST Local clause applies to this acquisition:

NIST Local Billing Instructions.

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.