Synopsis_Solicitation_538nm_laser_system.docx

FBO ANNOUNCEMENT: COMBINED SYNOPSIS/SOLICITATION

ACTION CODE: ˂COMBINED˃

CLASSIFICATION CODE: 66-Laboratory Equipment and supplies SUBJECT: 583nm Solid State Laser System

SOLICITATION NUMBER: SB1341-16-RQ-0092

DESCRIPTION:

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 DOUCMENT 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-85)

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 334510 with a small business size standard of 500 employees. This requirement is a total small business set-aside. All responsible small business concerns may submit a quotation. In accordance with the non-manufacturing rule, the contractor shall be a small business under the applicable size standard and shall provide either its own products or that of another domestic small business manufacturing or processing concern. See FAR 19.102(f) for additional information.

***The National Institute of Standards and Technology is seeking to purchase a 583 nm Solid State Laser System***

Minimum Requirements The system shall meet or exceed the minimum technical specifications identified below. All items must be new. Used or remanufactured equipment will not be considered for award.

Line Item 0001: The contractor shall provide a 583 nm solid-state laser system that meets or exceeds the following minimum technical specifications:

Quantity: One (1)

1. The design wavelength shall be 582.84nm

2. The solid state laser shall be based on a diode laser. The diode laser can be amplified and subsequently frequency doubled.

3. Shall have a linewidth of ˂ 30 kHz.

4. Shall provide at least 750 mW of output power

5. Shall be continuous-wave (CW)

6. Must tune at least 5 Ghz without a mode-hop.

7. The contractor shall provide the following hardware:

a. All electronics required to operate the laser system including current and temperature controllers, piezo drivers and associated cables. If software is required to operate the laser then that must also be provided.

Installation

1. The contractor shall be responsible for unpacking the system and installation must occur within two (2) weeks after receipt of the system.

2. Installation shall occur between 8am-5pm (EST) Monday-Friday, on up to three consecutive days.

Training

1. All necessary training shall be provided during installation, and completed immediately upon successful installation of the system.

2. A minimum of two (2) NIST personnel will be provided training on how to perform all turn on and alignment procedures necessary for the normal operation of the laser. Alignment procedures shall also be provided in a written manual.

Warranty The system shall include, at least a one (1) year commercial warranty. Documentation describing extended warranty shall be provided with quotation.

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.

1. The laser will be tested using a cavity, wavemeter and power meter to ensure that it meets the center wavelength, linewidth and power requirements.

2. The test will be performed immediately after installation and training has been completed.

3. The laser will be accepted immediately upon demonstration that the laser is operating in per the required specifications Delivery Delivery shall be FOB Destination and shall occur not later than twelve (12) weeks ARO. The 583nm Solid State Laser System shall be delivered to the following address:

Technical Point of Contact Joint Quantum Institute 4296 Stadium Drive PSC Building 415, Loading Dock College Park, MD 20899-8314

The contractor shall coordinate delivery, installation and training schedule with the technical point of contact upon receipt of award

Payment Schedule

The Contractor shall be paid, in accordance with Net 30 day payment terms, upon receipt and acceptance of a proper invoice, in accordance with the following schedule:

1. 100% after receipt and acceptance by the TPOC of fully delivered system.

2. The Government anticipates inspection will occur upon:

a. Successful installation of the system, AND

b. After all training requirements set forth in this document have been completed.

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 52.204-6 – Data Universal Numbering System Number (Dec 2012) 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 52.212-1-Instructions to Offerors – Commercial Items (Oct 2015) 52.212-3 – Offeror Representations and Certifications –Commercial Items (Nov 2015)

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 52.204-19 – Incorporation By Reference of Representations and Certifications (DEC 2014) 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 52.219-28 – 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) 52.225-13 – 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) 52.220-50 – Combating Trafficking in Persons (Mar 2015) 52.225-25 – Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran – Representations and Certifications (Oct 2015) 52.232-39 – Unenforceability of Unauthorized Obligations (June 2013) 52.232-40 – Providing Accelerated Payments to Small Business Contractors (Dec 2013) 52.247-35 – FOB Destination, within Consignee’s Premises (Apr 1984) 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.

(End of clause)

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 (Apr 2010) 1352.209-72 – Restrictions Against Disclosure (Apr 2010) 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 –

(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 January 27, 2016. FAX quotations shall not be accepted. E-mail quotations shall be accepted at ranae.armstrong@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: Ranae Armstrong, 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 Ranae Armstrong, Contract Specialist on 301-975-8088.

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 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 is proposed equipment meets each technical minimum requirement described in the 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 not 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 technical 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)

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

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

(End of clause)