SB1341-16-RQ-0853.pdf

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 FAR 13.

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) 2005-89.

1352.215-72 INQUIRIES (APR 2010)

Offerors must submit all questions concerning this solicitation in writing, via email, to both the Contract Specialist

(christopher.mcgucken@nist.gov) and the Contracting Officer (Lynda.Roark@nist.gov). Questions shall be received no later than seven (7) calendar days after the issuance date of this solicitation. 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, on 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 334118 with a small business size standard of 1000 employees.

This acquisition is being competed as a total-small business set-aside.

BACKGROUND

The National Institute of Standards and Technology (NIST), The Nanoscale Metrology Group of the Engineering

Physics Division is developing methods to study the motion and motion response of microelectromechanical systems

(MEMS) devices. These measurements require hardware and software for data acquisition and control. This procurement is to replace an out of date Data Acquisition and Control System.

This procurement is Brand Name Only, for a National Instruments brand PXIe Data Acquisition and Control System.

This is specialized equipment that is designed and configured with specific accessories by the NIST research team to meet our programmatic goals in MEMS Motion Metrology. The NIST research team has an older model unsupported

National Instruments brand PXIe Data Acquisition and Control System (NIST equipment number 634486) and has previously developed laboratory automation software using it. In addition, the PXIe Data system is the only hardware that runs LabVIEW software natively. Any other solution will compromise the system performance by increasing the time to translate a command into an action as LabVIEW drivers are specifically written for the PXIe hardware to maximize system performance and the MATLAB program is written to interface with these drivers. This new system in intended to update the old unsupported system. It is in the best interest of the US Government to replace the old system with the same brand of equipment for hardware, software, and data compatibility.

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

All offerors shall complete the pricing chart below for the following items, or structure their quotation as follows:

Item NI Part

Number

Quantity Description Unit Price Total Price

1. 781622-01 1 NI PXIe-1078, 9-Slot 3U PXI Express

Chassis

2. 783513-04 1 NI PXIe-8880, Xeon 8-Core Controller, Win 7 (64-bit)

3. 783813-01 2 8 GB Upgrade/Replacement RAM for

PXIe-8880

4. 779660-01 1 USB English Keyboard and Optical

USB Mouse

5. 779153-02 2 NI PXI-5922 2-ch Digitizer with 32

MB/ch and SMT Software

6. 778827-01 4 SMB112, Double Shielded SMB to BNC

Male Coax Cable, 50 Ohm, 1 m

7. 781974-01 1 NI PXIe-414x Connector Kit

8. 782015-01 1 Low Leakage Cable Assembly, DB25F-

DB25F, 1 m

9. 782015-02 1 Low Leakage Cable Assembly, DB25F-

DB25F, 2 m

10. Delivery

TOTAL MAXIMUM FIRM-FIXED PRICE

DOCUMENTATION

The Contractor shall provide an operator’s manual describing operation and care, and calibration for the offered system.

DELIVERY:

FOB Destination delivery terms are required. Delivery shall be completed within thirty (30) days from the date of award. The Contractor shall deliver all equipment to NIST, Building 301, Shipping and Receiving, Gaithersburg, MD 20899-1640.

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.

INSTALLATION:

The system shall be delivered preassembled and deemed to be operating within its published performance specifications. Installation will be performed by the Government.

WARRANTY:

The vendor shall submit warranty documentation with their quotation. The equipment shall be warranted for at least

1 year. The warranty shall include parts (excluding batteries), labor, and telephone support. The equipment shall be warranted by the original equipment manufacturer, National Instruments. It is expected that the equipment can be returned directly to National Instruments for repair.

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

52.204-16, 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 Representations and Certifications-Commercial Items (March 2015)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision and provide a written submission.

52.225-4 -- Buy American -- Free Trade Agreements – Israeli Trade Act Certificate.

Buy American -- Free Trade Agreements--Israeli Trade Act Certificate (May 2014)

(a) The offeror certifies that each end product, except those listed in paragraph (b) or (c) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy

American—Free Trade Agreements—Israeli Trade Act.”

(b) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than

Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act”:

http://acquisition.gov/comp/far/index.html

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian

End Products) or Israeli End Products:

Line Item No.: Country of Origin:

[List as necessary]

(c) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (b) of this provision) as defined in the clause of this solicitation entitled “Buy American--Free Trade Agreement--Israeli Trade

Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

Line Item No.: Country of Origin:

[List as necessary]

(d) The Government will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal

Acquisition Regulation.

(End of provision)

52.225-18, Place of Manufacture;

Offerors shall complete annual representations and certifications on-line at http://orca.bpn.gov in accordance with

FAR 52.212-3 Offerors Representations and Certifications- Commercial Items. If paragraph (j) of the provision is applicable, a written submission is required.

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

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)

CLAUSES

52.204-13 System for Award Management Maintenance;

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:

52.204-10 Reporting Executive Compensation and First Tier Contract awards

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

52.219-28, Post Award Small Business Program Representation;

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, Affirmative Action for Workers with Disabilities;

52.223-18 Contractor Policy to Ban Text Messaging While Driving;

52.225-3 --Buy American Act–Free Trade Agreements–Israeli Trade Act w/Alt I;

52.225-13 Restriction on Certain Foreign Purchases;

52.232-33 Payment by Electronic Funds Transfer-Central Contractor Registration;

52.232-39, Unenforceability of Unauthorized Obligations;

52.232-40, Providing Accelerated Payment to Small Business Subcontractors;

52.247-35, F.O.B. Destination, Within Consignee’s Premises

52.222-50, Combating Trafficking in Persons

52.239-1, Privacy or Security Safeguards

CAR CLAUSES FULL TEXT CAN BE ACCESSED AT:

http://farsite.hill.af.mil/VFCARA.HTM

1352.201-70, Contracting Officer's Authority

1352.209-73, Compliance With the Laws

1352.209-74 Organizational Conflict of Interest

1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

http://farsite.hill.af.mil/VFCARA.HTM

1352.239-72 Security Requirements for Information Technology Resources

1352.71 Electronic and Information Technology

1352.70 Software License Addendum

NIST LOCAL 41 Software License Addendum

(a) This Addendum incorporates certain terms and conditions relating to federal procurement actions.

The terms and conditions of this Addendum take precedence over the terms and conditions contained in any license agreement or other contract documents entered into between the parties.

Governing Law: Federal procurement law and regulations, including the Contract Disputes Act, 41

U.S.C. Section 601 et.seq., and the Federal Acquisition Regulation (FAR), govern the agreement between the parties. Litigation arising out of this contract may be filed only in those having jurisdiction over federal procurement matters.

Attorney's Fees: Attorney's fees are payable by the federal government in any action arising under this contract only pursuant to the Equal Access in Justice Act, 5 U.S.C. Section 504.

No Indemnification: The federal government will not be liable for any claim for indemnification; such payments may violate the Anti-Deficiency Act, 31 U.S.C. Section 1341(a).

Assignment: Payments may only be assigned in accordance with the Assignment of Claims Act, 31

U.S.C. Section 3727, and FAR Subpart 32.8, "Assignment of Claims."

Invoices: Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. Section 3903) and Office of Management and Budget (OMB) Circular A-125, Prompt Payment.

Patent and Copyright Infringement: Patent or copyright infringement suits brought against the United

States as a party may only be defended by the U.S. Department of Justice (28 U.S.C. Section 516).

Renewal of Support after Expiration of this Award: Service will not automatically renew after expiration of the initial term of this agreement. Renewal may only occur in accord with (1) the mutual agreement of the parties; or (2) an option renewal clause allowing the government to unilaterally exercise one or more options to extend the term of the agreement.

(END OF CLAUSE)

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.

INSTRUCTIONS:

System for Award Management (SAM) Registration

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 3:00 p.m. Eastern Time on August

19th, 2016. FAX quotations shall not be accepted. E-mail quotations shall be accepted at

Christopher.mcgucken@nist.gov and Lynda.Roark@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 inbox set forth above.

ADDENDUM TO FAR 52.212-1, QUOTATION PREPARATION INSTRUCTIONS

1) PRICE QUOTATION:

The offeror shall submit (1) one copy of the completed price schedule above. 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 express 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 one (1) copy of the technical quotation The technical quotation shall address the following:

TECHNICAL CAPABILITY:

Evidence that the Offeror is authorized by the original equipment manufacturer to provide the item(s) in the quotation shall be included.

QUOTATION EVALUATION:

EVALUATION FACTORS:

Award will be made to the offeror whose quotation offers the lowest price technically acceptable offer to the

Government. Award will be made on an all or none basis.

TECHNICAL CAPABILITY:

All items must be new. Prototypes, used or refurbished instruments will not be considered for award. Evaluation of technical capability shall be based on the information provided in the quotation.

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 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 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 protest, 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

(End of clause)