B-2._Combined_Synopsis.pdf

Request for Quotation SB1341-17-RQ-0801

THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERICAL 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.

The Request for Quotations (RFQ) number is SB1341-17-RQ-1012. This synopsis/solicitation constitutes a RFQ and incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2005-95.

The associated North American Industrial Classification System (NAICS) code for this procurement is 334516 – Analytical laboratory Instrument Manufacturing, which has a size standard of 1,000 employees.

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

COMMERCE ACQUISITION REGULATION (CAR) 1352.215-72 INQUIRIES (APR 2010)

Offerors must submit all questions concerning this solicitation in writing, via email, to both the Contract Specialist, January Magyar at January.Magyar@nist.gov and the Contracting Officer Forest Crumpler at Forest.Crumpler@nist.gov. Questions should 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, the question responses included in the amendment to the solicitation will govern performance of the contract.

The Government intends to make a single award for Firm-Fixed-Price (FFP) type contract resulting from this solicitation.

The Nanoscale Metrology Group disseminates the SI base unit of length down to the atomic scale, and the derived units of acceleration and acoustic pressure. Current focus areas include three-dimensional metrology of nanostructures including nanoparticles; micro- and nano-fluidic devices; and micro-electromechanical systems (MEMS). The Group develops and applies interferometry methods for measuring displacement and length, and advanced microscopy methods such as scanning electron, atomic force, helium ion, and optical.

As part of its research on micro- and nanophotonic sensors, NIST is in need of two laser wavemeters.

These wavementers will be used to measure the wavelength of tunable lasers in real time.

REQUIREMENTS

a. Specifications

The wavemeters shall meet or exceed the technical specifications listed below. All items must be new. Used or remanufactured equipment will not be considered for award. Experimental, prototype, or custom items will not be considered. The use of “gray market” components not authorized for sale in the U.S. by the proposer is not acceptable. All line items shall be shipped mailto:January.Magyar@nist.gov mailto:Forest.Crumpler@nist.gov mailto:Forest.Crumpler@nist.gov in the original manufacturer’s packaging and include all original documentation and software, when applicable.

Technical Specifications:

Laser wavemeters (Quantity 2) are needed for applications in micro- and nanophotonic sensors. The wavemeters must have the following functionalities:

1. Must be capable of measuring the wavelength of a continuous wave laser.

2. Must be fiber coupled and can operate with a single-mode optical fiber.

3. Must be able to use the wavemeter to lock a tunable diode laser to a desired wavelength using an included proportional-integral-derivative (PID) controller that provides a control voltage to the user-provided laser.

4. Must have a built-in calibration reference to maintain the specified accuracy. External calibration references are not of interest due to the added size and complexity.

5. Must be able to measure pulsed lasers using a TTL trigger that will synchronize the measurement with the pulses.

6. Must have an external fiber optic switch so that at least four lasers can be connected to the wavemeter.

The wavemeters must meet or exceed the following specifications:

1. Wavelength measurement range: at least between 630 nm and 1700 nm

2. Wavelength accuracy: at least 40 MHz at 1550 nm and no worse than 100 MHz throughout the wavelength range

3. Wavelength resolution: at least 12 MHz at 1550 nm and no worse than 30 MHz throughout the wavelength range

4. Measurement speed: at least 1000 Hz at 1550 nm wavelength

5. PID output voltage range: at least +/- 4V

6. PID bandwidth: at least 1000 Hz

b. Delivery

Delivery shall be FOB destination and shall occur within 90 days. 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. The contractor shall deliver all Line Items to:

National Institute of Standards and Technology 100 Bureau Drive Gaithersburg, MD 20899-1640

c. Warranty

The contractor shall warrant the equipment and provide support for a minimum of one year after receipt of the software and shall be in accordance with terms in FAR 52.212-4

d. 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.

The place of acceptance shall be:

100 Bureau Drive Building 220 Gaithersburg, MD 20899

Final acceptance testing will occur within fourteen (14) days after inspection.

All Offerors shall provide a quotation for the following line items:

Contract Line Item Number

(CLIN) QTY. UNIT UNIT

PRICE

APPLICABLE

DISCOUNTS

EXTENDED

PRICE

CLIN 0001 – Wavemeter meeting or exceeding the specifications stated above

2 EA

The Contractor shall supply the required product as specified above. All materials provided under this contract must be new. Used or remanufactured items will not be considered for award.

PROVISIONS AND CLAUSES:

The following provisions and clauses apply to this acquisition. Those incorporated by reference may be found at the following:

All Federal Acquisition Regulation (FAR) clauses may be viewed at:

https://www.acquisition.gov/?q=browsefar.

All Commerce Acquisition Regulation (CAR) clauses and provisions can be accessed at:

http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl.

PROVISIONS

FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)

(Reference FAR 4.1105(a)(1))

FAR 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL

2016) (Reference FAR 4.1804(a))

FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARING AN UNPAID

DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW

(FEB 2016)

https://www.acquisition.gov/?q=browsefar http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) 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 an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) 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 an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) 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; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

FAR 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

(Reference FAR 12.301(b)(1))

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 1:00 PM Eastern Standard Time on August 24, 2017. FAX quotations shall not be accepted. E-mail quotations shall be accepted at January.Magyar@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.

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 http://www.sam.gov/ mailto:January.Magyar@nist.gov propose a FOB Destination, firm fixed-price for all CLINS identified above. The Offeror shall state any applicable warranty coverage.

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:

a. Technical Capability: The Offeror shall demonstrate it has the ability and access to materials to provide the required wavemeters that meet the functionalities and specifications listed above. The Offeror shall provide information within its submission addressing its ability to provide the proposed wavemeters within the stated delivery timeframe.

3. Acceptance of RFQ terms and conditions: This is an Open-Market Combined

Synopsis/Solicitation for delivery of the required wavemeters 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:

a. 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

b. 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)

Please note that 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;

4. Quoters shall provide their Dun and Bradstreet Number (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;

5. Quoters shall include a completed copy of the attached provision, FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (FEB 2016) with their quotation.

QUOTATION EVALUATION:

Evaluation Factors

The Government may award a purchase order resulting from this solicitation to the responsible Quoter whose quotation, conforming to the solicitation, results in a technically acceptable quotation and is the lowest priced quotation. The following factors will be used to evaluate quotations:

Technical Capability Price

1. For the purpose of Technical Capability: Evaluation of technical capability shall be based on the information provided in the quotation. NIST will evaluate whether the offeror has demonstrated that it has the capability to successfully deliver the required wavemeters that meet all requirements identified above. Quotations that do not demonstrate the Offeror has the capabilities to provide wavemeters that meet the functionalities and specifications, will not be considered further for award.

2. For the purpose of evaluation of Price: The Government will evaluate the Contractor’s ability to deliver an efficient and effective quotation at a fair and reasonable price.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS

(JAN 2017)

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.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 the following definitions of FAR 52.212-3 are not implemented into this solicitation.

“Administrative merits determination” “Arbitral award or decision” Paragraph (2) of “Civil judgment” “DOL Guidance” “Enforcement agency” “Labor compliance agreement” “Labor laws” “Labor law decision”

Per Court Injunction dated 24 Oct. 2016 and OMB memo dated 25 Oct. 2016 paragraph (s) of 52.212-3 is not implemented into this solicitation.

FAR 52.225-2 – BUY AMERICAN CERTIFICATE (MAY 2014)

(a) The offeror certifies that each end product, except those listed in paragraph (b) 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 offeror shall list as 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.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end http://www.sam.gov/portal product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”

(b) Foreign End Products:

Line Item No.: Country of Origin:

[List as necessary]

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

Federal Acquisition Regulation.

(End of Provision)

FAR 52.225-18 Place of Manufacture (Mar 2015)

(a) Definitions. As used in this clause— “Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

(b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—

(1) [ ] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) [ ] Outside the United States.

CLAUSES

FAR 52.212-4, CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (JAN 2017)

(Reference FAR 12.301(b)(3))

FAR 52.212-5, CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUES OR EXECUTIVE ORDERS – COMMERICAL ITEMS (JAN 2017)

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/25.htm#TopOfPage

The following additional FAR clauses cited in FAR 52.212-5 are applicable to this acquisition –

FAR 52.204-10, REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT

AWARDS (OCT 2015) (PUB. L. 109-282) (31 U.S.C. 6101 NOTE)

FAR 52.209-6, PROTECTING THE GOVERNMENT’S INTEREST WHEN SUBCONTRACTING

WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (OCT

2015) (31 U.S.C. 6101 NOTE)

FAR 52.219-6, NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011) (15U.S.C. 644)

FAR 52.219-28, POST AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013)

(15 U.S.C. 632(a)(2))

FAR 52.222-3, CONVICT LABOR (JUNE 2003) (E.O. 11755).

FAR 52.222-19, CHILD LABOR—COOPERATION WITH AUTHORITIES AND REMEDIES (OCT

2016) (E.O. 13126)

FAR 52.222-21, PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

FAR 52.222-26, EQUAL OPPORTUNITY (APR 2015) (E.O. 11246)

FAR 52.222-36, EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014) (29

U.S.C. 793)

FAR 52.222-50, COMBATING TRAFFICKING IN PERSONS (MAR 2015) (22 U.S.C. CHAPTER 78

AND E.O. 13627)

FAR 52.222-54 EMPLOYMENT ELIGIBILLITY VERIFICATION (OCT 2015)

FAR 52.223-18, ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE

DRIVING (AUG 2011) (E.O. 13513)

FAR 52.225-1 BUY AMERICAN – SUPPLIES (MAY 2014) (41 U.S.C. CHAPTER 83)

FAR 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008) (E.O.’S,

PROCLAMATIONS, AND STATUTES ADMINISTERED BY THE OFFICE OF FOREIGN ASSETS

CONTROL OF THE DEPARTMENT OF THE TREASURY)

FAR 52.232-33, PAYMENT BY ELECTRONIC FUNDS TRANSFER— SYSTEM FOR AWARD

MANAGEMENT (JUL 2013) (31 U.S.C. 3332)

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

http://farsite.hill.af.mil/vffara.htm

(End Clause)

FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013)

(Reference FAR 4.1105(b))

FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

(Reference FAR 32.706-3)

FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

(Reference FAR 32.009-2) http://farsite.hill.af.mil/vffara.htm

FAR 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

(Reference FAR 33.215(b))

FAR 52.236-13 ACCIDENT PREVENTION (NOV 1991) ALT. I (NOV 1991)

(Reference FAR 36.513)

CAR 1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

(a) The Contracting Officer or the duly authorized representative will perform inspection and acceptance of supplies and services to be provided under this contract.

(b) The place of acceptance will be:

Inspection and acceptance will be performed at:

U.S. Department of Commerce

DOC/NIST

100 Bureau Drive Gaithersburg, MD 20899

(End of clause)

CAR 1352.201-70 CONTRACTING OFFICER’S AUTHORITY (APR 2010)

(Reference 48 CFR 1301.602-170)

CAR 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

(Reference 48 CFR 1309.507–2(c))

CAR 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

(Reference 48 CFR 1309.507–2(d))

CAR 1352.231–71 DUPLICATION OF EFFORT (APR 2010)

(Reference 48 CFR 1331.205–70)

CAR CLAUSES FULL TEXT CAN BE ACCESSED AT:

http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl

NIST LOCAL_04 BILLING INSTRUCTIONS

The Contractor shall submit an original invoice or voucher in accordance with the payments provisions of this contract to:

NIST

Accounts Payable Office 100 Bureau Drive, Mail Stop 1621 Gaithersburg, MD 20899-1621 FAX Number: 301-975-8283 Email: invoice@nist.gov http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl

Each invoice or voucher submitted shall include the following:

Contract Number.

Contractor Name and Address.

Date of Invoice.

Invoice Number.

Amount of Invoice, and cumulative amount invoiced to-date.

Contract Line Item Number (CLIN).

Description, quantity, unit of measure, unit price, and extended price of supplies/services delivered.

Prompt payment discount terms, if offered.

Any other information or documentation required by the contract.

(End Clause)

CAR 1352.233-70 AGENCY PROTESTS (APR 2010)

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).

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

NIST/ACQUISITION MANAGEMENT DIVISION

ATTN: FOREST CRUMPLER, CONTRACTING OFFICER

100 Bureau Drive, MS 1640 Gaithersburg, MD 20899

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

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.

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

CAR 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

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.

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.

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 Provision)