CSS_17-01728.pdf

CLASSIFICATION CODE: J - Maintenance, Repair, and Rebuilding of Equipment

TITLE: - Eaton Battery Replacement and Maintenance

SOLICITATION NUMBER: SB1341-17-RQ-0303

RESPONSE DATE: April 05, 2017

CONTACT POINTS: Robert Cowins, Contract Specialist, (301) 975-8335

Yahaya, Abdul-Kudus Contracting Officer, (301) 975-8497

DESCRIPTION:

The National Institute of Standards and Technology (NIST) has a requirement for Eaton Battery Replacement and Maintenance Services to be utilized by the Information technology laboratory (ITL) at NIST, Gaithersburg, MD.

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; PROPOSALS 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 PART 13.

This solicitation is a Request for Proposals (RFP). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-95.

1352.215-72 INQUIRIES (APR 2010)

Offerors must submit all questions concerning this solicitation in writing to robert.cowins@nist.gov.

Questions should be received no later than 5 calendar days after the issuance date of this solicitation. Any responses to 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 811212 - Computer and office machine repair and maintenance, with a small business size standard of $27.5 million.

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

All offerors shall provide a proposal for the following line items:

mailto:robert.cowins@nist.gov

CLIN 0001

Description: Eaton 9390-40-80, VRLA Sealed, 80 (See Specifications for details) Quantity: 1 Unit of Issue: EA Delivery Date: 60 days from the date of award Pricing Option: Firm-Fixed-Price

CLIN 0002:

Description: PowerTrust Service Plan 8 Hr Quantity: 1 Unit of Issue: Lot Period of Performance: 05/22/2017 – 05/21/2022 Pricing Option: Firm-Fixed-Price

Specifications

CLIN 0001: Eaton 9390-40-80, VRLA Sealed, 80

• 80x PWHR12280W4FR, 5x8 Battery Replacement

• EPA Removal and Disposal

• FBO Destination Shipping

• 3 Year Battery Warranty

CLIN 0002: PowerTrust Service Plan 8 Hr

• 7x24 on-site corrective maintenance

• 8-hour on-site response time

• UPS Preventive Maintenance (5x8)

• Annual Sealed Battery Preventive Maintenance

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://farsite.hill.af.mil/.

Provisions

52.212-1 Instructions to Offerors - Commercial Items 52.212-3 Offeror Representations and Certifications-Commercial Items

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

(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

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

(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) 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.

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 (APR 2010)-- including subparagraphs:

52.204-10 - Reporting Executive Compensation and First Tier Subcontract Awards 52.209-6 - Protecting the Government’s Interest when subcontracting with Contractor’s Debarred, Suspended or proposed for Debarment 52.219-6 - Notice of Total Small Business Set-Aside 52.219-13 - Notice of Set-Aside of Orders 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 - Equal Opportunity for Workers with Disabilities 52.222-50 - Combating Trafficking in Persons 52.223-18 - Encouraging Contractor Policies to Ban Text Messaging While Driving 52.225-13 - Restriction on Certain Foreign Purchases;

52.232-33 - Payment by Electronic Funds Transfer- System for Award Management.

(End of clause)

Department of Commerce Acquisition Regulation (CAR) clauses. Please view the full text of these clauses at http://www.ecfr.gov/cgi-bin/text-idx?SID=8b5f22b07c12a52e8b29841ad60f1fd9&mc=true&tpl=/ecfrbrowse/Title48/48chapter13.tpl.

Commerce Acquisition Regulations (CAR) Provisions and Clauses:

1352.201-70 Contracting Officer’s Authority 1352.209-73 Compliance With The Laws 1352.209-74 Organizational Conflict of Interest 1352.237-71 Security Processing Requirements - Low Risk Contracts

NIST Local Clauses

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-

NIST LOCAL 07

All contractor personnel shall read and be familiar with the Computer Security Policy at NIST which can be downloaded from the NIST internal web site at http//www i.nist.gov/cio/itsd/pp_nist/policy/policy_accnuse.html. This policy is hereby incorporated by reference as if fully set forth. The Contractor and its employee(s) and agents shall abide by the terms and conditions of the policy throughout the period of performance (including any exercised option periods) of this contract.

INSTRUCTIONS:

http://www.ecfr.gov/cgi-bin/text-idx?SID=8b5f22b07c12a52e8b29841ad60f1fd9&mc=true&tpl=/ecfrbrowse/Title48/48chapter13.tpl http://www.ecfr.gov/cgi-bin/text-idx?SID=8b5f22b07c12a52e8b29841ad60f1fd9&mc=true&tpl=/ecfrbrowse/Title48/48chapter13.tpl

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.

Required Information

The government will not consider any proposal without the information required by this solicitation.

Due Date for Proposals

Offerors shall submit their proposals so that NIST receives them not later than 12:00 p.m. Eastern Time on Friday, April 05, 2017. FAX and hard-copy proposals shall not be accepted. E-mail proposals shall be accepted at robert.cowins@nist.gov. Offerors’ proposals shall not be deemed received by the Government until the proposal is entered the e-mail address inbox set forth above.

Late quotes will not be accepted.

Addendum to FAR 52.212-1, Proposal Preparation Instructions

1) Price Proposal: The pricing proposal shall be separate from the technical proposal. The vendor must provide a fully burdened hourly labor rate for each proposed labor category, a total number of estimated hours to be worked for each labor category, and a total firm fixed price for each labor category. The firm-fixed price for each labor category shall be calculated by multiplying the appropriate labor category fully burdened hourly rate(s) by the proposed number of hours to be worked under that labor category. The offeror shall propose a firm fixed price Payment Schedule for the resultant purchase order. It is anticipated that the proposed Payment Schedule if accepted by the Government will be incorporated into the resultant purchase order awarded.

2) Technical Proposal: The technical proposal shall address the following:

Technical Capability: The technical proposal shall address the vendor’s detailed technical approach for satisfying the Performance Work Statement (PWS) requirements. The technical approach shall address how the vendor will (a) perform and manage individual tasks required by the PWS; (b) ensure that Contractor services and deliverables comply with the requirements of the PWS (c) provide a resume for each person proposed as key personnel, to include name, education, experience, and country of citizenship. If a candidate is not a US citizen, then the proper documentation, as required by CAR clause 1352.237-73, must be provided with the proposal.

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 proposal 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:

http://www.sam.gov/ mailto:robert.cowins@nist.gov

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 proposal 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 proposal.

PROPOSAL EVALUATION:

Evaluation Factors

Award will be made to the offeror whose quotation offers lowest priced, technically acceptable solution.

Technical Capability: No prototypes, demonstration models, used or refurbished instruments will be 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 and service meets or exceeds all 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.

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)

(b) Agency protests filed with the Contracting Officer shall be sent to the following address:

NIST/ACQUISITION MANAGEMENT DIVISION

ATTN: YAHAYA, ABDUL-KUDUS , 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

1352.233-71 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)

All offerors shall provide a proposal for the following line items: