B2-_Combined_Synopsis.docx

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 IN ACCORDANCE WITH FAR 13 SIMPLIFIED PROCEDURES.

The Request for Quotations (RFQ) number is SB1341-18-RQ-0088. 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 562211– Hazardous Waste Treatment and Disposal, which has a dollar amount of $38,500,000.00.

Offerors must submit all questions concerning this solicitation in writing, via email, to both the Contract Specialist, Erica Miller at erica.miller@nist.gov and the Contracting Officer, Forest Crumpler at forest.crumpler@nist.gov. Questions should be received no later than five (5) 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.

This acquisition is being competed as a 100% small business set-aside. The Government intends to make a single award for Firm Fixed Price (FFP) type contract resulting from this solicitation.

The National Institute of Standards and Technology (NIST) owns and operates a 20MW nuclear test reactor that is licensed by the Nuclear Regulatory Commission (NRC). The reactor is being used for the performance of world class scientific research. NCNR has a requirement for processing and disposal services of Low Level Radioactive Waste (LLRW). All LLRW is below 10 CFR 61.55 Class A limits. NIST has a U.S. Nuclear Regulatory Commission (USNRC) “Radioactive Materials License” (SNM-362) and USNRC “Reactor License” (TR-5), and is authorized to possess by-product material in any chemical and/or physical form.

ATTACHMENTS

The following documents are hereby provided as attachments. The purpose of these attachments is for reference and to provide specification requirements to the Contractor for quotation purposes only.

All attachments included in this solicitation are owned by the Government and shall not be reproduced, released, distributed, or otherwise utilized for any purpose other than submission of a quotation and the execution of the required work without the prior written approval of the NIST Contracting Officer.

Attachment A: NIST NCNR Statement of Work Attachment B: NRC 540 Form “Uniform Low-Level Radioactive Waste Manifest Shipping Paper” Attachment C: NRC 541 Form “Uniform Low-Level Radioactive Waste Manifest Container and Waste Description” Attachment D: Wage Determination under the U.S. Department of Labor, The Service Contract Act All offerors shall provide a quotation for the following line items:

CLIN 0001 –

Process and disposal service for LLRW in accordance with the Statement of Work

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 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JAN 2017)

(Reference FAR 12.301(b)(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)

(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 January 03, 2018. FAX quotations shall not be accepted. E-mail quotations shall be accepted at erica.miller@nist.gov.

Please reference the RFQ number in the subject line of email communications and packages mailed. Offerors’ quotations shall not be deemed received by the Government until the quotation is entered in the e-mail box set forth above.

All hand delivered quotations and material shall be made on the actual due date through Gate A, and a 48 hour (excluding weekends and holidays) prior notice shall be provided to Erica Miller, Contract Specialist on 301-975-0642.

Addendum to FAR 52.212-1, 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 propose a FOB Destination, firm fixed-price for the CLIN identified above. The Offeror shall state any applicable warranty coverage.

a. The Contractor shall provide unit pricing (e.g. per Curie, per pound, per cubic foot), exclusive of the weight or volume of any overpack or shipping container, for transport, processing and disposal of items defined in items III. These costs shall include any equipment rental and onsite Contractor personnel during the loading and transport of the LLRW.

b. The quotation shall have an all-inclusive price to include all hours, demurrage (an industry standard term covering costs associated with delays in the shipping process, either on site or in route), including permit requirements, and time spent at the NIST facility.

c. The Contractor shall propose an all-inclusive price to include all labor and travel hours to/from the NIST facility, time spent at the NIST facility, all shipping labels, placards and materials required for shipment compliance, and all travel and per diem expenses.

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:

3. Technical Capability: The Offeror shall submit a technical description and/or product literature for the service it is proposing, which clearly identifies, at minimum, the requirements. The offeror must demonstrate that its proposed service meets each requirement.

The Offeror shall provide information within its submission addressing its ability to provide the proposed processing and disposal services for Low Level Radioactive Waste within the stated delivery timeframe.

4. Past Performance: The Offeror shall provide past performance information regarding relevant contracts over the past five (5) 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.

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

a. Contract number;

b. Description and relevance to solicitation requirements including dollar value;

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

d. 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;

e. 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.

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

5. Acceptance of RFQ terms and conditions: This is an Open-Market Combined Synopsis/Solicitation for processing and disposal services for Low Level Radioactive Waste (LLRW), 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;

6. 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;

7. 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 lowest priced.

The following will be used to evaluate quotations:

Technical Capability Price Past Performance

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 provide processing and disposal services for Low Level Radioactive Waste (LLRW) to meet or exceed all requirements identified in the Statement of Work (Attachment A). Quotations that do not demonstrate the Offeror has the capabilities to provide the required service, that meet the specifications, will not be considered further for award.

2. For the purpose of 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 (5) 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.

3. 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 REPRESENTATION AND CERTIFICATIONS – COMMERICAL 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 52.222-41 SERVICE CONTRACT LABOR STANDARDS (MAY 2014)

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)

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)

FAR 52.219-28, POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION

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 52.222-40, NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010) (E.O. 13496)

52.222-41, SERVICE CONTRACT LABOR STANDARDS (MAY 2014)

FAR 52.222-50, COMBATING TRAFFICKING IN PERSONS (MAR 2015) (22 U.S.C. CHAPTER 78 AND E.O. 13627) FAR 52.223-18, ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011) (E.O. 13513)

FAR 52.225-13, RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUNE 2018)

FAR 52.232-33, PAYMENT BY ELECTRONIC FUNDS TRANSFER— SYSTEM FOR AWARD MANAGEMENT (JUL 2013) (31 U.S.C. 3332)

(End of Clause)

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:

https://www.acquisition.gov/

(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 52.233-4 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:

DOC/NIST

100 Bureau Drive Gaithersburg, MD 20899 Building: 235/A109

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

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 clause)