Federal contract opportunity NNA10346058Q-EMS for all other miscellaneous electrical equipment and component manufacturing at Ames Research Center Office of Procurement, response was due Jul 26, 2010.

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This notice is a combined synopsis/solicitation for commercial items prepared inaccordance with the format in FAR Subpart 12.6, as supplemented with additionalinformation included in this notice. This announcement constitutes the onlysolicitation; offers are being requested and a written solicitation will not be issued.This notice is being issued as a Request for Quotations RFQ for a Solid Oxide Fuel Cellfor Sustainability Base at NASA Ames Research Center (ARC). Information about theSustainability Base facility, in addition to the technical requirements of the SolidOxide Fuel Cell, are contained in the attached Statement of Work.The provisions and clauses in the RFQ are those in effect through FAC 2005-43.The Government intends to acquire a commercial item in accordance with FAR Part 12,Acquisition of Commercial Items, and in conjunction with the policies and procedures forsolicitation, evaluation and award prescribed in FAR Part 13, Simplified AcquisitionProcedures.The NAICS Code and the small business size standard for this procurement are 335999 and500, respectively. The offeror shall state in their offer their size status for thisprocurement.All responsible sources may submit an offer which shall be considered by the agency.Delivery of the Solid Oxide Fuel Cell to NASA ARC is required by December 31, 2010 ARO. Delivery shall be FOB Destination.Offers for the items(s) described above are due by 4:00pm PST on July 26, 2010 to NASAAmes Research Center, Moffett Field, CA 94035, and must include, solicitation number, FOBdestination to this Center, proposed delivery schedule, discount/payment terms, warrantyduration (if applicable), taxpayer identification number (TIN), identification of anyspecial commercial terms, and be signed by an authorized company representative. Offerors are encouraged to use the Standard Form 1449, Solicitation/Contract/Order forCommercial Items form found at URL:http://server-mpo.arc.nasa.gov/Services/NEFS/NEFSHome.tml Offerors shall provide the information required by FAR 52.212-1 (JUN 2008), Instructionsto Offerors-Commercial Items, which is incorporated by reference. Please note paragraphs(j) and (k) that require all offerors to have a DUNS number and current CCR registration.If the end product(s) offered is other than domestic end product(s) as defined in theclause entitled "Buy American Act -- Supplies," the offeror shall so state and shall listthe country of origin.FAR 52.212-4 (MAR 2009), Contract Terms and Conditions-Commercial Items is applicable. Inaccordance with paragraph (g), all offerors shall complete the attached ACH form for theelectronic funds transfer (EFT) of any future invoice payment.The following identified FAR and NASA FAR Supplement (NFS) provisions are incorporated byreference:FAR 52.204-5, Women-Owned Business (Other Than Small Business). AR 52.209-5,Certification Regarding Responsibility Matters. FAR 52.209-7, Information RegardingResponsibility Matters. FAR 52.233-2, Service of Protest. FAR 52.233-3, Protest afterAward. NFS 1852.233-70, Protests to NASA.FAR 52.212-5 (APR 2010), Contract Terms and Conditions Required To Implement Statutes orExecutive Orders-Commercial Items is applicable and the following identified FAR clausesare incorporated by reference:52.219-8, Utilization of Small Business Concerns. Convict Labor. 52.222-19, Child Labor -Cooperation with Authorities and Remedies. 52.222-21, Prohibition of SegregatedFacilities. 52.222-26, Equal Opportunity. 52.222-36, Affirmative Action for Workers withDisabilities. 52.222-50, Combating Trafficking in Persons. 52.225-13, Restrictions onCertain Foreign Purchases. 52.232-33, Payment by Electronic Funds Transfer- CentralContractor Registration. 52.233-3, Protest After Award. 52.233-4, Applicable Law forBreach of Contract Claim.The following FAR and NFS clauses will also be incorporated into any resultant contract: FAR 52.202-1, Definitions. FAR 52.203-3, Gratuities. FAR 52.203-6, Restrictions onSubcontractor Sales to the Government. FAR 52.203-7, Anti-Kickback Procedures. FAR52.203-11, Certification and Disclosure Regarding Payments to Influence Certain FederalTransactions. FAR 203-12, Limitation on Payments to Influence Certain FederalTransactions. FAR 52.222-1, Notice to the Government of Labor Disputes. FAR 52.243-1,ChangesFixed Price. FAR 52.245-1, Government Property. FAR 52.245-9, Use and Charges.NFS 1852.223-72, Safety and Health (Short Form). NFS 1852.225-70, Export Licenses. NFS1852.215-84, Ombudsman: Lewis Braxton, NASA Ames Research Center, M/S 200-9, MoffettField, CA 94035-0001. NFS 1852.237-73, Release of Sensitive Information. NFS 1852.245-76List of Government Property Furnished Pursuant to FAR 52.245-1 (Deviation) (Sept 2007). FAR 52.222-99 Notification of Employee Rights under the National Labor Relations Act(Deviation) (JUN 2010): (a) During the term of this contract, the Contractor shall post a notice, of such sizeand in such form, and containing such content as prescribed by the Secretary of Labor, inconspicuous places in and about its plants and offices where employees covered by theNational Labor Relations Act engage in activities relating to the performance of thecontract, including all places where notices to employees are customarily posted bothphysically and electronically, in the languages employees speak, in accordance with 29CFR 471.2 (d) and (f). (1) Physical posting of the employee notice shall be in conspicuous places in andabout the Contractors plants and offices so that the notice is prominent and readilyseen by employees who are covered by the National Labor Relation Act and engage inactivities related to the performance of the contract. (2) If the Contractor customarily posts notices to employees electronically, thenthe Contractor shall also post the required notice electronically by displayingprominently, on any website that is maintained by the Contractor and is customarily usedfor notices to employees about terms and conditions of employment, a link to theDepartment of Labors website that contains the full text of the poster. The link to theDepartments website, as referenced in (b)(3) of this section, must read, ImportantNotice about Employee Rights to Organize and Bargain Collectively with Their Employers. (b) This required notice, printed by the Department of Labor, may be (1) Obtained from the Division of Interpretations and Standards, Office ofLabor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW, RoomN-5609, Washington, DC 20210, (202) 693-0123, or from any field office of the Office ofLabor-Management Standards or Office of Federal Contract Compliance Programs; (2) Provided by the Federal contracting agency, if requested; (3) Downloaded from the Office of Labor-Management Standards web site atwww.dol.gov/olms/regs/compliance/EO13496; or (4) Reproduced and used [as] exact duplicate copies of the Department of Laborsofficial poster. (c) The required text of the Employee Notification referred to in this clause islocated at Appendix A, Subpart A, 29 CFR Part 471. (d) The Contractor shall comply with all provisions of the Employee Notice andrelated rules, regulations, and orders of the Secretary of Labor. (e) In the event that the Contractor does not comply with the requirements set forthin paragraphs (a) through (d) of this clause, this contract may be terminated orsuspended in whole or in part, and the Contractor may be suspended or debarred inaccordance with 29 CFR 471.14 and FAR Subpart 9.4. Such other sanctions or remedies maybe imposed as are provided by 29 CFR Part 471, which implements E.O. 13496 or asotherwise provided by law. (f) Subcontracts. (1) The Contractor shall include the substance of this clause,including this paragraph (f), in every subcontract that exceeds $10,000 and will beperformed wholly or partially in the United States, unless exempted by the rules,regulations, or orders of the Secretary of Labor issued pursuant to Section 3 ofExecutive Order 13496 of January 30, 2009, so that such provisions will be binding uponeach subcontractor. (2) The Contractor is not permitted to procure supplies or services in a waydesigned to avoid the applicability of Executive Order 13496 or this subpart. (3) The Contractor shall take such action with respect to any such subcontract asmay be directed by the Secretary of Labor as a means of enforcing such provisions,including the imposition of sanctions for non compliance. (4) However, if the Contractor becomes involved in litigation with asubcontractor, or is threatened with such involvement, as a result of such direction, theContractor may request the United States, through the Secretary of Labor, to enter intosuch litigation to protect the interests of the United States.(End of clause)Offerors must include completed copies of the provision at 52.212-3 (AUG 2009), OfferorRepresentations and Certifications - Commercial Items with their offer. These may beobtained via the internet at URL:http://rcb.cancer.gov/rcb-internet/SAP/52-212-3plusadd.pdf . If the offeror has alreadyentered their representations and certifications at the Online Representations andCertifications Application (ORCA) at https://orca.bpn.gov/, offerors are only required tocomplete paragraph (b) of the provision. Paragraph (b) is included in the documentsattached to this notice. These representations and certifications will be incorporated byreference in any resultant contract.The FAR may be obtained via the Internet at URL: http://www.acquisition.gov/far/index.html The NFS may be obtained via the Internet at URL: http://www.hq.nasa.gov/office/procurement/regs/nfstoc.htm All contractual and technical questions must be in writing (e-mail only) to Elizabeth M.Sanchez not later than July 19, 2010. Telephone questions will not be accepted.Selection and award will be made to that offeror whose offer will be most advantageous tothe Government, with consideration given to the factors of proposed technical merit,price, and past performance. Other critical requirements: Delivery, Maintenance,Warranty and Compact size of the unit in relation to the its power output shall also beconsidered. It is critical that offerors provide adequate detail to allow evaluation oftheir offer. (SEE FAR 52.212-1(b)).An ombudsman has been appointed -- See NASA Specific Note "B".Prospective offerors shall notify this office of their intent to submit an offer. It isthe offeror's responsibility to monitor the following Internet site for the release ofsolicitation amendments (if any):http://prod.nais.nasa.gov/cgi-bin/eps/bizops.cgi?gr=D&pin=21 . Potential offerors willbe responsible for downloading their own copy of this combination synopsis/solicitationand amendments (if any).Any referenced notes may be viewed at the following URLs linked below.Information about major upcoming ARC procurement actions is available athttp://ec.msfc.nasa.gov/cgi-bin/eis/admin/admin.cgi?center=ARC