syn_sol_brand_or_equal.pdf

Request for Quotation Number SB1341-16-RQ-0454

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 ACQUISITION IS BEING

PROCURED UNDER THE AUTHORITY OF FAR 13.5 TEST PROGRAM FOR CERTAIN COMMERCIAL

ITEMS.

This solicitation is a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 05-88 effective May 16, 2016.

The associated North American Industrial Classification System (NAICS) code for this procurement is 334516 with a small business size standard of 500 employees. This acquisition is unrestricted and all responsible parties may submit a quote.

The Contractor shall provide two identical flow cytometers, each with three laser excitations, capable of performing measurements on a total of 11 fluorescence channels, plus two scattering channels. The attached statement of work lists all required salient characteristics. All salient characteristics are required for each of the two research grade flow cytometry instruments. If these salient characteristics are not met, it will degrade the ability of the Government’s ability to meet the standards development needs of the emerging synthetic biology and engineering biology industries.

This is a brand name or equal requirement. Brand name or equal description is intended to be descriptive, but not restrictive and is to indicate the quality and characteristic of products that are considered satisfactory to meet the agency’s requirement.

LINE ITEMS

All interested quoters shall provide a quote for all of the following line items. All equipment must be new. Used or remanufactured equipment shall not be considered for award.

LINE ITEM 0001: Quantity two each Flow Cytometers manufactured by Life Technologies Corporation, or equivalent, meeting all of the salient characteristics in the attached statement of work.

The following Life Technologies, Inc. part numbers constitute the system that will meet all salient characteristics identified in the statement of work:

Part Number Description

A24859 Attune NXT AFC BVY-Laser

A25624 Attune NXT Basic, LT Site 2D

A27824 Attune NXT Welcome Pack

4473928 Attune Autosampler System

ZG11SCATTUNE AB Assurance 1PM Attune BRVBVY

BRVBVY

ZGEXSCATTUNEAS Rapid Exchange, ATTUNEAS

LINE ITEM 0002: DELIVERY

The Contractor shall deliver the systems to two different sites, in accordance with the attached statement of work.

LINE ITEM 0003: TRAINING

The Contractor shall provide training in accordance with the attached statement of work.

LINE ITEM 0004: WARRANTY

The Contractor shall provide a one-year warranty in accordance with the attached statement of work.

DELIVERY TERMS

Delivery terms shall be FOB Destination.

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 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.

PAYMENT SCHEDULE

The resultant contract will in a payment schedule. The Contractor shall be paid upon submission of a proper invoice, upon successful completion of delivery, determination that the equipment meets all salient characteristics, and successful completion of training. Partial payments will be authorized. The total amount of the contract shall not be approved for payment until all equipment and services have been successfully delivered.

EVALUATION OF QUOTATIONS

The following will be used to evaluate quotations:

Technical Capability

Past Performance

Price

Technical Capability and Past Performance, when combined, shall be equal in importance to price.

TECHNICAL CAPABILITY

Technical capability shall be evaluated to determine the Contractor’s ability to successfully complete the project. Documentation will be evaluated to determine that the quoted equipment meets the salient characteristics identified and meets the requirements of the Government in essentially the same manner as the brand name.

PAST PERFORMANCE

Evaluation of Past Performance shall be based on the references provided and/or the quoter’s recent and relevant procurement history with NIST, its’ affiliates, and/or other relevant references. Past performance evaluation shall determine the overall quality of the services and/or end products provided by the Contractor.

Quoters with no relevant past performance shall not be rated favorably or unfavorably.

REQUIRED SUBMISSIONS

All quoters shall submit the following:

1) An original and one copy of an FOB Destination price quotation which addresses all Line Items. Quoters must provide a unit price and total amount for each line item and an aggregate value of all line items;

2) Technical description and/or product literature. Quoters shall include the manufacturer, make and model of the quoted product, manufacturer sales literature or other product literature which CLEARLY DOCUMENTS that the offered product meets or exceeds the salient characteristics stated herein. It is the responsibility of the quoter to ensure that all salient characteristics are clearly documented;

3) Past performance information regarding relevant contracts over the past three years with Federal, state, or local governments, and/or commercial customers.

If the quoter intends to subcontract with another firm(s) for part of this requirement, that firm’s past performance information shall also be provided. If the firm has no relevant past performance, it shall 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 quoter in their quotation.

The description of each contract described in this section shall not exceed one-half page in length. For each contract, the quoter shall provide the following information:

-Contract number;

-Description and relevance to solicitation requirements include dollar value;

-Period of Performance – indicate by month and year the state and completion (or “ongoing”) dates for the contract;

-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;

-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.

-Problems Encountered – include information regarding information regarding any problems encountered on the contracts described above and corrective actions taken to resolve those problems.

4) This is an Open-Market Combined Synopsis/Solicitation for equipment 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 quotes 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)

5) The DUNS number for the quoter’s active System for Award Management (SAM) registration.

Quoters must have an active registration at www.SAM.Gov to receive an award.

6) The name of the manufacturer and the country of origin for the quoted equipment.

7) A completed copy of the attached provision titled Representation by Corporations Regarding an Unpaid

Delinquent Tax Liability or a Felony Conviction Under Any Federal Law.

http://www.sam.gov/

All quotes must be sent to the National Institute of Standards and Technology, Acquisition Management

Division, Attn: Carol A. Wood, 100 Bureau Drive, Stop 1640, Gaithersburg, MD 20899-1640. Quoters shall ensure the RFQ number is visible as the email subject or on the outermost packaging.

Submission must be received by 3:30 p.m. local time on June 17, 2016. E-MAIL QUOTES SHALL BE

ACCEPTED. FAX QUOTES SHALL NOT BE ACCEPTED.

PROVISIONS AND CLAUSES

The full text of a Federal Acquisition Regulation (FAR) provision or clause may be accessed electronically at www.acquisition.gov.

The following FAR provisions apply to this acquisition:

52.204-7, System for Award Management

52.211-6, Brand Name or Equal

52.204-16, Commercial and Government Entity Code Reporting

52.204-17, Ownership or Control of Offeror

52.212-1, Instructions to Offerors—Commercial Items

52.212-3, Offeror’s Representations and Certifications-Commercial Items

52.225-25, Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran

In accordance with FAR 52.212-3 Offeror Representations and Certifications – Commercial Items, quoters must complete annual representations and certifications on-line at www.SAM.Gov. If paragraph (j) of the provision applies, a written submission is required.

The following FAR clauses apply to this acquisition:

52.204-13 System for Award Management Maintenance

52.204-4, Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

52.209-7, Information Regarding Responsibility Matters

52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

52.204-18, Commercial and Government Entity Code Maintenance

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 (MAR 2015) including sub-paragraphs: (checked clauses are applicable to this solicitation) _XX_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009

(June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and

Reinvestment Act of 2009.)

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

_XX_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment.

_XX_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters.

__ (10) [Reserved].

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__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award.

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

__ (ii) Alternate I (JAN 2011) of 52.219-4.

__ (13) [Reserved]

__ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

_XX_ (16) 52.219-8, Utilization of Small Business Concerns

__ (17)(i) 52.219-9, Small Business Subcontracting Plan

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Oct 2014) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders

__ (19) 52.219-14, Limitations on Subcontracting

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

_XX_ (22) 52.219-28, Post Award Small Business Program Rerepresentation

__ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business

(EDWOSB) Concerns

__ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible

Under the WOSB Program

XX__ (25) 52.222-3, Convict Labor (June 2003)

XX__ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies

XX__ (27) 52.222-21, Prohibition of Segregated Facilities

XX__ (28) 52.222-26, Equal Opportunity

XX___ (29) 52.222-35, Equal Opportunity for Veterans

XX__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities

_XX___ (31) 52.222-37, Employment Reports on Veterans

__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

_XX_ (33)(i) 52.222-50, Combating Trafficking in Persons

__ (ii) Alternate I (Mar 2015) of 52.222-50

__ (34) 52.222-54, Employment Eligibility Verification (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items

(Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I Not applicable to the acquisition of commercially available off-the-shelf items.)

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__ (36)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment

__ (ii) Alternate I.

__ (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions

__ (ii) Alternate I

__ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products

__ (39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products

__ (ii) Alternate I (Jun 2014) of 52.223-16.

XX__ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving

__ (41) 52.225-1, Buy American-Supplies

___ (42)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act

____ (ii) Alternate I

__ (iii) Alternate II

__ (iv) Alternate III

XX__ (43) 52.225-5, Trade Agreements

XX__ (44) 52.225-13, Restrictions on Certain Foreign Purchases

__ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States

__ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside

__ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area

__ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items

__ (49) 52.232-30, Installment Payments for Commercial Items

XX__ (50) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management

__ (51) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management

__ (52) 52.232-36, Payment by Third Party

__ (53) 52.239-1, Privacy or Security Safeguards

__ (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels

52.232-39 Unenforceability of Unauthorized Obligations

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

52.233-4 Applicable Law for Breach of Contract Claim

52.237-2 Protection of Government Buildings, Equipment, and Vegetation

52.247-34 FOB Destination

52.252-2 Clauses Incorporated by Reference *www.acquisition.gov

The following U.S. Department of Commerce Acquisition Regulation (CAR) provisions and clauses apply to this procurement. The full text of a CAR provision or clause may be accessed electronically at www.acquisition.gov. Reference Supplemental Regulations, U.S. Department of Commerce.

1352.201-70 CONTRACTING OFFICER'S AUTHORITY

1352.209-73 COMPLIANCE WITH THE LAWS

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST

1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS

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:

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NIST/ACQUISITION MANAGEMENT DIVISION

ATTN: CAROL WOOD, 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

1352.246-70 PLACE OF ACCEPTANCE

**NIST, Gaithersburg, MD.

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)

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 mailto:INVOICE@NIST.GOV

(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.