Request_for_Quotation_-_SB1341-16-RQ-0250.pdf

CLASSIFICATION CODE: 66 – Instruments & Laboratory Equipment

TITLE: Hyperspectral Imaging System

SOLICITATION NUMBER: SB1341-16-RQ-0250

RESPONSE DATE: NLT 1:00 pm EST, April 8, 2016

CONTACT POINTS: Amber Gray, Contract Specialist, (301) 975-3696 Divya Soni, Contracting Officer, (301) 975-6394

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 SEPARATE WRITTEN

SOLICITATION DOCUMENT WILL NOT BE ISSUED. THE SOLICITATION IS BEING

ISSUED USING SIMPLIFIED ACQUISITION PROCEDURES UNDER THE AUTHORITY

OF FAR 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS.

The National Institute of Standards and Technology (NIST) is issuing a Request for Quotations (RFQ) for a hyperspectral imaging system.

The associated NAICS code for this requirement is 333314 – Optical Instrument and Lens Manufacturing with a small business size standard of 500 employees. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular

(FAC) 2005-87.

This acquisition is 100% set-aside for small businesses.

Specifications/Proposed Contract Line Item Number (CLIN) Structure:

All quotations must be submitted in exact accordance with the technical specifications listed in the document entitled “Technical Specifications.”

Minimum Requirements:

The acquired products shall meet the technical specifications. All items must be new.

Prototypes, first articles, demonstration models, used, refurbished or otherwise developmental systems, will not be considered for award.

Acceptance/Inspection:

Operational upon receipt.

Freight/Shipping Charges:

FOB Destination applies for delivery to:

National Institute of Standards and Technology Building 301 Shipping and Receiving 100 Bureau Drive Gaithersburg, MD 20899-0001 Delivery point of contact will be provided upon award.

Warranty and Maintenance:

The Contractor shall include a minimum warranty of one (1) year on parts and labor.

Delivery:

Delivery should be FOB Destination and be completed no later than 180 days ARO.

ADDENDUM TO PROVISION 52.212-1 - QUOTATION SUBMISSION INSTRUCTIONS

1) Price Quotation: 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. 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 submit a technical description or product literature for the equipment it is proposing, which clearly identifies the manufacturer, make and model. The offeror must demonstrate that its proposed equipment meets or exceeds each 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 equipment manufacturer to provide the item(s) in the quotation should be included.

Experience: The offeror shall demonstrate the extent to which it has recently manufactured, distributed, and installed similar equipment.

Past Performance: The offeror shall provide past performance information regarding relevant contracts over the past two (2) 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 2 contracts be referenced.

The description of each contract/order described in this section shall not exceed two-pages 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.

***Offerors shall e-mail their quotation to amber.gray@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. NIST reserves the right to award a purchase order without discussions, based solely on the submission of the Contractor.

Evaluation Factors for Award:

The Government will award a delivery order resulting from this solicitation to the responsible offeror whose quotation is the most highly rated, and conforming to the solicitation, results in the best value to the Government, non-price and price factors considered. NIST reserves the right to make award to other than the lowest-priced offeror or to the offeror ranked highest technically, if it determines that to do so would result in the best value to the Government.

The Government intends to make a single award but reserves the right to make no award as a result of this request for quotation.

mailto:amber.gray@nist.gov

The Government intends to evaluate quotations and award a delivery 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; accept other than the lowest price quotation; and waive informalities and minor irregularities in quotation received.

The Government will issue a delivery order resulting from this request for quotation to the responsible offeror whose quotation results in the best value to the Government, considering both price and non-price factors. The following non-price factors will be used to evaluate quotations:

Factor A – Technical Approach Factor B – Previous Experience Factor C – Past Performance

In determining which quotation provides the best value to the Government, non-price (A, B and C) evaluation factors when combined are approximately equal to price.

Based upon the results of the integrated assessment of the technical and price quotation, the Government may make an award to other than the lowest-priced offeror or the offeror with the highest technical score if the contracting officer determines that to do so would result in the best value to the Government.

Technical Evaluation Factors.

Factor A—TECHNICAL APPROACH. The quotation will be evaluated on the degree to which the quotation demonstrates an understanding of/compliance with the minimum technical requirements and terms and conditions of the solicitation. Additional preference will be given to solutions that exceed the minimum technical requirements.

Factor B—PREVIOUS EXPERIENCE. The government will evaluate the extent to which the offeror has recently manufactured, distributed, and installed similar equipment.

Factor C—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.

The Government will use its discretion to determine the sources of past performance information used in the evaluation, and the information may be obtained from references provided by the offeror, the agency's knowledge of contractor performance, other government agencies or commercial entities, or past performance databases.

If an offeror does not have a history of relevant contract experience, or if past performance information is not available, the offeror will receive a neutral past performance rating; however, an offeror without a history of relevant experience may receive a lowered rating for the experience evaluation factor.

Price Evaluation Factor

Factor D—PRICE. The proposed prices will be evaluated but not scored. The Government will evaluate the offeror's proposed prices to determine whether the proposed prices comply with the instructions articulated above and are realistic, complete, and reasonable in relation to the solicitation requirements.

The offeror shall provide a firm-fixed price for each contract line item number.

Proposed prices must be entirely compatible with the technical quotation.

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. All Commerce Acquisition Regulations (CAR) clauses may be viewed at http://farsite.hill.af.mil/VFCARA.HTM.

Provisions:

52.212-1, Instructions to Offerors-Commercial Items (Oct 2015) http://acquisition.gov/comp/far/index.html http://farsite.hill.af.mil/VFCARA.HTM

52.212-3, Offeror Representations and Certifications-Commercial Items 52.217-5, Evaluation of Options

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 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)

52.203-98, 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)

Certification By Offerors Regarding Federal Income Tax Filing And Federal Income Tax Violations. (Class Deviation) (March 2015)

(a) In accordance with Section 523 of Division B, Consolidated and Further Continuing Appropriations Act, 2015, (Pub. L. 113-235) none of the funds made available by the Act may be used to enter into a contract in an amount greater than $5,000,000 unless the prospective contractor certifies in writing to the U.S. Consolidated and Further Continuing that, to the best of its knowledge and belief, the contractor has filed all Federal tax returns required during the three years preceding the certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.

(b) The offeror’s proposal shall include a signed written certification as follows – To the best of my knowledge and belief, ---(name of offeror)--- has filed the Federal tax returns required during the three years preceding this certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a nonfrivolous administrative or judicial proceeding.

Firm _____________________________________________ Signature _________________________________________ Name ____________________________________________ Title _____________________________________________

Date of execution __________________________________ (End of Provision)

FAR Clauses:

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-Commercial Items including subparagraphs:

52.203-6 Restrictions on Subcontractor Sales to the Government Alternate I 52.204-7 System for Award Management Alternate I 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards 52.204-16 Commercial and Government Entity Code Reporting 52.204-18 Commercial and Government Entity Code Maintenance 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations—Representation 52.209-5 -- Certification Regarding Responsibility Matters 52.209-6 Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations 52.217-8 Option to Extend Services 52.217-9 Option to Extend the Term of the Contract 52.219-1 Small Business Program Representations 52.219-6 Notice of Total Small Business Set-Aside 52.219-8 Utilization of Small Business Concerns 52.219-13 Notice of Set-Aside of Orders 52.219-14 Limitations on Subcontracting 52.219-28 Post-Award Small Business Program Rerepresentation 52.222-3 Convict Labor;

52.222-19 Child Labor - Cooperation With Authorities And Remedies;

52.222-21 Prohibition of Segregated Facilities;

52.222-22 Previous Contracts and Compliance Reports.

52.222-26 Equal Opportunity;

52.222-35 Equal Opportunity for Veterans 52.222-36 Equal Opportunity for Workers with Disabilities 52.222-37 Employment Reports on Veterans 52.222-40 Notification of Employee Rights Under the National Labor Relations Act 52.222-50 Combating Trafficking in Persons 52.223-18 Contractor Policy to Ban Text Messaging While Driving;

52.225-1 Buy American—Supplies

52.225-13 Restriction on Certain Foreign Purchases;

52.232-33 Payment by Electronic Funds Transfer-System for Award Management 52.233-3 Protest After Award 52.233-4 Applicable Law for Breach of Contract Claim

52.203-99, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (DEVIATION 2015-02) (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 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 Consolidated and Further Continuing Appropriations Act, 2015 and subsequent appropriations acts 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 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) 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 agreement with the authority responsible for collecting the tax liability.

(End of Clause)

Commerce Acquisition Regulations (CAR) Clauses:

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

1352.215-72, Inquiries Offerors must submit all questions concerning this solicitation in writing to the Contracting Officer. Questions should be received no later than 12:00 pm EST, 5 calendar days from the posting date. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Requests shall include complete company name, address, telephone and e-mail address. FAX AND OR PHONE

REQUESTS ARE NOT AUTHORIZED AND WILL NOT BE ACCEPTED.

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 FR 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: DIVYA SONI, 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, NW.

Washington, DC 20230

FAX: (202) 482-5858.

(End of clause)

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, NW.

Washington, DC 20230

FAX: (202) 482-5858.

(End of clause)

NIST Local Clause_04 Billing Instruction 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)

System for Award Management (SAM):

In accordance with FAR 52.204-7, the awardee must be registered in SAM (www.sam.gov) prior to award. Refusal to register shall forfeit award.

Due Date and Response Information:

Offerors capable of furnishing the specified equipment in this combined synopsis/solicitation should submit their quote in writing to Amber Gray electronically at amber.gray@nist.gov. FAX and hard-copy quotations shall not be accepted. Offerors shall submit their quotations so that NIST receives them not later than NLT 1:00 pm EST, April 8, 2016.

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 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, the Government will accept the quoted price. However, the terms and conditions stated herein will be included in any resultant Purchase Order, not the mailto:INVOICE@NIST.GOV http://www.sam.gov/ mailto:amber.gray@nist.gov terms and conditions of the offeror’s FSS or GWAC, and the statement required above shall be included in the quotation.