SOLICITATION NOTICE
66 -- X-Ray Diffractometer - Specifications X-Ray Diffractometer
- Notice Date
- 7/26/2012
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 334516
— Analytical Laboratory Instrument Manufacturing
- Contracting Office
- Department of Commerce, National Institute of Standards and Technology (NIST), Acquisition Management Division, 100 Bureau Drive, Building 301, Room B129, Mail Stop 1640, Gaithersburg, Maryland, 20899-1640, United States
- ZIP Code
- 20899-1640
- Solicitation Number
- SB1341-12-RP-0083
- Archive Date
- 8/28/2012
- Point of Contact
- Paula Wilkison, Phone: 301-975-8448, Patrick K Staines, Phone: (301)975-6335
- E-Mail Address
-
paula.wilkison@nist.gov, patrick.staines@nist.gov
(paula.wilkison@nist.gov, patrick.staines@nist.gov)
- Small Business Set-Aside
- N/A
- Description
- Specifications for X-Ray Diffractometer 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 WRITTEN SOLICITATION DOCUMENT WILL NOT BE ISSUED. This solicitation is a Request for Proposal (RFP). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-59. The associated North American Industrial Classification System (NAICS) code for this procurement is 334516 with a small business size standard of 500 employees. This requirement is unrestricted and all interested Contractors may submit a quotation. The National Institute of Standards & Technology (NIST) has a requirement for a X-Ray Diffractometer System for its NanoFab multi-user facility in the Center for Nanoscale Science and Technology in Gaithersburg, Maryland. This requirement is for a high intensity, high resolution theta-theta X-ray Diffractometer (XRD) system with vertical goniometer where all out-of-plane and in-plane measurements are made on horizontally mounted samples. This system shall be fitted with a high intensity rotating anode x-ray source mounted on the theta-theta goniometer to enable superior peak-to-background levels for trace phase detection and in-plane diffraction on ultra thin films down to a single monolayer in addition to faster measurement times for all applications. The high resolution 5-axis goniometer shall be fitted with both Bragg-Brentano (BB) and Parallel Beam (PB) optics with multilayer x-ray mirror to allow users an immediate switch between BB and PB optical methods instantly without any realignment and, ideally, without users ever needing to handle the x-ray mirror. The system shall provide the users with the ability to vary intensity and resolution using a wide variety of interchangeable slit collimation, Ge channel-cut crystals, monochromators, analyzers, etc. This high intensity, high resolution theta-theta XRD system will be used for measurements on a wide variety of sample types (powder, bulk, ultra thin to thick films, nano-materials, metals, polymers) in a multi-user research environment. Ease of use in reconfiguring the system is of paramount importance for low resolution, medium resolution, and high resolution measurements in areas of powder diffraction, out-of-plane and in-plane thin film diffraction, transmission and reflection small angle x-ray scattering (SAXS), out-of-plane and in-plane texture, residual stress, rocking curves, reciprocal space maps. 1352.215-72 INQUIRIES (APR 2010) Offerors must submit all questions concerning this solicitation in writing to both the Contract Specialist ( paula.wilkison@nist.gov) and the Contracting Officer (patrick.staines@nist.gov). Questions should be received no later than 7 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) All responsible parties shall provide an offer for all of the following line items. All items must be new. Prototypes, demonstration models, used or refurbished instruments will not be considered for award. LINE ITEM 0001: QUANTITY ONE (1) X-Ray Diffractometer System, which shall meet or exceed the technical specifications, attached. OPTION LINE ITEM 0002: QUANTITY ONE (1) Micro Area Measurement Package which shall meet or exceed the technical specifications, attached. OPTION LINE ITEM 0003: QUANTITY ONE (1) One-year Service Contract which shall meet or exceed the technical specifications, attached. OPTION LINE ITEM 0004: QUANTITY ONE (1) One-year Service Contract which shall meet or exceed the technical specifications, attached. OPTION LINE ITEM 0005: QUANTITY ONE (1) One-year Service Contract which shall meet or exceed the technical specifications, attached. Acceptance Testing In addition to the inspection and acceptance terms articulated in 52.212-4, the Government reserves the right to perform performance tests and evaluations 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. Installation The instrument shall be installed by the Contractor and meet contract specifications no later than thirty days after delivery. Installation, at a minimum, shall include uncrating/unpackaging of all equipment, rigging, set-up and hook-up of the instrument, demonstration of all specifications, and removal of trash. Onsite installation and demonstration shall be done at NIST, Gaithersburg, Maryland. Express Warranty The system shall have a warranty of one year, inclusive of parts and labor, which shall commence on the date of acceptance at the customer site. 1352.246-70 PLACE OF ACCEPTANCE (APR 2010) (a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract. (b) The place of acceptance will be: NIST 100 Bureau Drive Gaithersburg, MD 20899 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: PATRICK STAINES, 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 ATTN: Mark Langstein 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) 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 ATTN: Mark Langstein 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) PROVISIONS AND CLAUSES The full text of a FAR provision or clause may be accessed electronically at www.acqnet.gov/far. The following provisions apply to this acquisition: 52.212-1, Instructions to Offerors - Commercial; 52.212-2, Evaluation-Commercial Items (Jan 1999) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Award will be made to the Contractor whose offer offers the best value to the Government price and non-price factors considered. The Government will evaluate proposals based on the following evaluation criteria: The following factors shall be used to evaluate offers: (1) Technical Capability: Meeting or Exceeding the Requirement, (2) Past Performance, (3) Prior Experience, and (4) Price. Technical Capability, Past Performance and Prior Experience, when combined, shall be more important than price. Of the non-priced factors, Technical Capability is more important. The remaining non-priced factors are equal in weight. Technical Capability: No prototypes, demonstration models, used or refurbished instruments will be considered. Offerors shall include product literature which addresses all line items specifications and clearly documents that the product offered meets or exceeds the specifications identified for each line item. NIST will evaluate whether the offeror has demonstrated that its proposed equipment meets or exceeds all specifications as listed for each line item. Offers that do not meet all of the minimum requirements shall be deemed technically unacceptable. Evaluation of technical capability for all line items shall be based on the information provided in the offer. If an offeror does not indicate whether its proposed equipment meets a certain minimum requirement, NIST will determine that it does not. The primary specifications stated in the specifications document are minimum required specifications. The proposed system must meet or exceed all of those to be considered for award. As noted in the specifications, stronger consideration will be given to a system that meets the secondary specifications. A proposed system that fails to meet the secondary specifications will not be deemed technically unacceptable. Past Performance: The Government will evaluate past performance as it pertains to the proposed system to determine the level of quality, and the reliability of the system. Evaluation of past performance will be based on information contained in the technical proposal and information provided by references. The Government will evaluate past performance by contacting appropriate references, including NIST references; if applicable. The Government may also consider other available information. The Government will assign a neutral rating if the offeror has no relevant past performance. Prior Experience: The contractor must demonstrate prior corporate or key personnel experience by having supplied a system substantially similar to the one described herein. These system(s) must have been installed and accepted by purchaser(s) within the past five years. Evaluation of prior experience will be based on information contained in the technical proposal. Options: The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options shall not obligate the Government to exercise the option(s). 52.212-3, Offeror Representations and Certifications - Commercial Items. In accordance with FAR 52.212-3 Offeror Representations and Certifications - Commercial Items, offerors must complete annual representations and certifications on-line at http://orca.bpn.gov. If paragraph (j) of the provision applies, a written submission is required; 52.217-5 Evaluation of Options 52.225-18 Place of Manufacture; 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan 52.225-25, Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran 1352.209-70, Potential Organizational Conflict of Interest The following clauses apply to this acquisition: 52.204-4, Printed or Copied Double-Sided on Postconsumer Fiber Content Paper 52.212-4 Contract Terms and Conditions-Commercial Items; 52.217-7, Option for Increased Quantity - Separately Priced Line Item 52.247-34, FOB Destination 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items including subparagraphs: 52.203-6, Restrictions on Subcontractor Sales to the Government; 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards; 52.209-6, Protecting Government's Interest When Subcontracting with Contractors Debarred, Suspended or Proposed for Debarment; 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations; 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns; 52.219-8, Utilization of Small Business Concerns; 52.219-28, Post-Award Small Business Program Rerepresentation; 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; 52.222-35, Equal Opportunity for Veterans; 52.222-36, Affirmative Action for Workers with Disabilities; 52.222-37, Employment Reports on Veterans; 52.222-40, Notification of Employee Rights under the National Labor Relations Act; 52.222-54, Employment Eligibility Verification; 52.223-18, Contractor Policy to Ban Text Message While Driving; 52.225-13 Restriction on Certain Foreign Purchases (E.O. 12722, 12724, 13059, 13067, 13121, and 13129 and 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration; Department of Commerce Agency-Level Protest Procedures Level above the Contracting Officer is also incorporated. It can be downloaded at www.nist.gov/admin/od/contract/agency.htm. The full text of a CAR provision or clause may be accessed electronically at http://farsite.hill.af.mil/vfcara.htm 1352.201-70 Contracting Officer's Authority; 1352.201-72 Contracting Officer's Representative (COR) (APR 2010) (a) To Be Determined at time of award is hereby designated as the Contracting Officer's Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. (b) The COR is located at: To Be Determined at time of award Phone Number: To Be Determined at time of award Email: To Be Determined at time of award (c) The responsibilities and limitations of the COR are as follows: (1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract. (2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor. (End of clause); 1352.209-73 Compliance with the laws; 1352.209-74 Organizational conflict of interest Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2012) (1) In accordance with Sections 543 and 544 of Public Law 112-55 Commerce, Justice, Science, and Related Agencies Appropriations Act 2012, Title V (General Provisions) none of the funds made available by that Act 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, 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. (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, 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 agreements with the authority responsible for collecting the tax liability. (End of provision) REQUIRED SUBMISSIONS: Offerors are encouraged to submit multiple quotations that will meet all required specifications and exceed any or all specifications identified herein. All offerors shall submit the following: 1) An original and one copy of a technical and a price proposal which addresses all line items; 2) For the purpose of technical evaluation offerors shall submit: a. Two copies of technical description and/or product literature which clearly details the manufacturer, make and model of the proposed product(s), addresses all required specifications, and clearly documents that the offered product(s) meet(s) or exceeds the specifications stated herein; b. If standard product literature and/or technical descriptions do not address all required specifications, offerors must provide narratives and or explanation of the work that will be will be performed to meet the requirement(s). All proposed work must be addressed in sufficient detail that all technical requirements are discussed and that the intended outcome of the work can be clearly discerned. 3) For the purpose of past performance evaluation offerors shall submit: Recent and relevant past performance references. The list of references shall include, at a minimum: The name of the company or organization and the reference contact person; the telephone number of the reference contact person; the contract or grant number; the amount of the contract; the address and telephone number of the Contracting Officer if applicable; the date of delivery or the date services were completed; and a brief description of the system delivered. If the offeror is not the manufacturer of the equipment, past performance references for the system manufacturer shall also be provided. 4) For the purpose of past experience evaluation offerors shall submit: Recent and relevant past experience. The Contractor shall provide the names of companies to whom it has delivered the same or similar systems in the past five years. Past experience shall include, at a minimum: The names of the companies or organizations, the dates of delivery or the dates services were completed; and a description of the systems delivered. Specific experience includes number of similar systems successfully installed in the field, and years of operation. 5) This is an Open-Market Combined Synopsis/Solicitation for equipment as defined herein. The Government intends to award a Contract 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 offers shall include a statement regarding the terms and conditions herein as follows: 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 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 offer based upon an FSS or GWAC contract, the Government will accept the offered price. However, the terms and conditions stated herein will be included in any resultant Contract, not the terms and conditions of the offeror's FSS or GWAC contract, and the statement required above shall be included in the offer. 6) The country of origin for the proposed system. DUE DATE FOR PROPOSALS: E-mail proposals shall be accepted at paula.wilkison@nist.gov. Please reference the RFP number in the subject line of email communications. Offerors' proposals shall not be deemed received by the Government until the proposal is entered in the e-mail inbox set forth above. All proposals shall be sent to the National Institute of Standards and Technology, Acquisition Management Division, Attn: Paula A. Wilkison, 100 Bureau Drive, Stop 1640, Gaithersburg, MD 20899-1640. If submissions are delivered to the Government in hard copy format, an original and one copy of all submissions must be provided. All offerors shall ensure the RFP number is visible on the outermost packaging. Submission must be received not later than 12:00 p.m. local time on August 13, 2012. FAX submissions shall not be accepted. Because of heightened security, FED-EX, UPS, or similar delivery methods are the preferred method of delivery of offers. If offers are hand delivered, delivery 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 both Paula Wilkison, Contract Specialist on 301-975-8448 and Patrick Staines, Contracting Officer on 301-975-6335. NIST is not responsible for late delivery due to the added security measures. In addition, offerors who do not provide the required notification in order to coordinate entrance to the NIST campus shall assume the risk of not being able to deliver offers on time.
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