SOLICITATION NOTICE
66 -- MicroMill - Attachment I - Statement of Work
- Notice Date
- 8/17/2015
- 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 B130, Gaithersburg, Maryland, 20899-1410, United States
- ZIP Code
- 20899-1410
- Solicitation Number
- SB1341-15-RQ-0942
- Point of Contact
- Kandy Clark, Phone: 3019755469
- E-Mail Address
-
kandy.clark@nist.gov
(kandy.clark@nist.gov)
- Small Business Set-Aside
- N/A
- Description
- Attachment II - Representation by Corporations Regarding An Unpaid Delinquent Tax Liability Attachment Attachment I - Statement of Work 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 WRITTEN SOLICITATION DOCUMENT WILL NOT BE ISSUED. This solicitation is a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 05-83, effective August 3, 2015. ***Line Item 0001 is a BRAND NAME or EQUAL requirement. Brand name or equal description is intended to be descriptive, but not restrictive and is to indicate the quality and characteristics of products that will be considered satisfactory to meet the agency's needs.*** The associated North American Industrial Classification System (NAICS) code for this procurement is 334516 - Analytical Laboratory Instrument Manufacturing - with a small business standard of 500 employees. This acquisition is being procured using full-and-open competition. Simplified acquisition procedures will be utilized. LINE ITEM 0001 Provide a turn-key New Wave Research, Inc., MicroMill or EQUIVALENT system, with a PC workstation and software that facilitates system control and imaging capabilities, system installation, operations and maintenance manual, and onsite training, as indicated in the attached Statement of Work (Attachment I). DELIVERY Successful completion of delivery, installation, and training shall be completed not later than 60 days after receipt of order. Delivery shall be made to NIST, Hollings Marine Lab, 331 Fort Johnson Road, Charleston, SC 29412-9112. Delivery terms shall be FOB Destination. 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 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. PAYMENT One lump sum payment will be made upon successful completion of delivery, inspection, and acceptance of each line item. EVALUATION CRITERIA AND BASIS FOR AWARD The Government intends to award a purchase order resulting from this solicitation to the responsible offeror whose quotation, conforming to the solicitation, is the Lowest Priced, Technically Acceptable (LPTA) quotation that satisfies all terms and condition of the solicitation. Technically Acceptable means: 1. The Contractor has proposed the equipment that meets all required specifications and all requirements of the solicitation; AND 2. Notwithstanding a neutral rating, a satisfactory record of past performance based on information provided by references. Price will be evaluated for all offerors whose quotations are determined technically acceptable. Price will be evaluated to determine that total price is a fair and reasonable overall price to the Government. REQUIRED SUBMISSIONS: All offerors shall submit the following: 1. The Country of Origin for the quoted system; 2. For the purpose of evaluation of Technical Capability, the technical quotation must include: Technical description and/or product literature for the MicroMill submitted. Offerors shall include the manufacturer, make and model of the product, manufacturer sales literature or other product literature, which CLEARLY DOCUMENTS AND DEMONSTRATES that the system and service being quoted meets or exceeds the minimum requirements as identified within the Statement of Work. Offerors shall provide written confirmation that all requirements in the Statement of Work will be met, to include installation and training. 3. For the purpose of evaluation of Past Performance, the technical quote must include: • The name of the company or organization and the reference contact person; • The telephone number and e-mail address 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 make and model of the equipment provided; • Problems encountered (if applicable) and corrective actions taken to resolve the problems. Offerors that do not have relevant past performance, i.e., related to the equipment or service being procured, shall include a statement that reflects no past performance in the quotation submitted. Information for past performance evaluation may also be obtained from colleagues and available databases that include past performance, such as PPIRS. 4. For the purpose of evaluation of Price: A firm-fixed price, F.O.B. Destination price quotation for all items provided herein. 5. Offerors shall include a copy of the attached provision (Attachment II), "Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or A Felony Conviction Under Any Federal Law (Class Deviation) (March 2015)," with their quotation in order to be considered for award. 6. This is a full and open competition a MicroMill system 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 quotations 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 on 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. 7. The DUNS # for the offeror's active System for Award Management (SAM) registration. Offerors must have an active registration at www.sam.gov to be considered for award. 8. The Government intends to award a contract without conducting discussions. Offerors may be contacted prior to award to provide clarification or to resolve minor or clerical errors. DUE DATE FOR QUOTATIONS All quotations must be submitted via e-mail to Kandy Clark and kandy.clark@nist.gov. Submission must be received not later than 11:00 a.m. Eastern Time on August 25, 2015. An e-mail quotation shall be considered received when it is received in the electronic inbox of Kandy Clark. Questions: Reference Inquiries provision below. PROVISIONS AND CLAUSES The full text of a Federal Acquisition Regulation (FAR) provision or clause may be accessed electronically at https://acquisition.gov/far/index.html. The full text of a Commerce Acquisition Regulation (CAR) provision or clause may be accessed electronically at http://farsite.hill.af.mil/reghtml/regs/other/car/1352.htm. The following FAR provisions apply to this acquisition: • 52.204-7 System for Award Management (JUL 2013); • 52.204-16 Commercial and Government Entity Code Reporting (NOV 2014); • 52.204-17 Ownership or Control of Offeror (NOV 2014); • 52.209-5 Certification Regarding Responsibility Matters (APR 2010); • 52.211-6 Brand Name or Equal (AUG 1999); • 52.212-1 Instructions to Offerors - Commercial Items; • 52.212-3 Offeror Representations and Certifications - Commercial Items; • 52.225-4 Buy American - Free Trade Agreements - Israeli Trade Act Certificate (MAY 2014); • 52.225-25 Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran (DEC 2012) • 52.219-1 Small Business Program Representations (OCT 2014) (a) Definitions. As used in this provision-- "Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program. "Service-disabled veteran-owned small business concern"-- (1) Means a small business concern-- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) "Service-disabled veteran" means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). "Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (b) of this provision. "Small disadvantaged business concern, consistent with 13 CFR 124.1002," means a small business concern under the size standard applicable to the acquisition, that-- (1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by-- (i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and (ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and (2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraphs (1)(i) and (ii) of this definition. "Veteran-owned small business concern" means a small business concern-- (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "Women-owned small business concern" means a small business concern-- (1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. "Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)," means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (b) (1) The North American Industry Classification System (NAICS) code for this acquisition is _________________________ [insert NAICS code]. (2) The small business size standard is _____________ [insert size standard]. (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (c) Representations. (1) The offeror represents as part of its offer that it [_] is, [_] is not a small business concern. (2) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002. (3) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a women-owned small business concern. (4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(3) of this provision.] The offeror represents as part of its offer that- (i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(4)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: _________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (c)(4) of this provision.] The offeror represents as part of its offer that-- (i) It [_] is, [_] is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(5)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: _____________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. (6) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern. (7) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(6) of this provision.] The offeror represents as part of its offer that is [_] is, [_] is not a service-disabled veteran-owned small business concern. (8) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that - (i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and (ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(8)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation. (d) Notice. (1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished. (2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall -- (i) Be punished by imposition of fine, imprisonment, or both; (ii) Be subject to administrative remedies, including suspension and debarment; and (iii) Be ineligible for participation in programs conducted under the authority of the Act. (End of Provision) The following CAR provision applies to this acquisition: • 1352.215-72, Inquiries Offerors must submit all questions concerning this solicitation in writing to Kandy Clark, via e-mail at kandy.clark@nist.gov. Questions should be received no later than 4 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. The following FAR clauses apply to this acquisition: 52.204-13 System for Award Management Maintenance (JUL 2013); 52.204-18 Commercial and Government Entity Code Maintenance (NOV 2014); 52.212-4 Contract Terms and Conditions - Commercial Items; (MAY 2014); 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (MAR 2015) including subparagraphs: • 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Award (JUL 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note); • 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (AUG 2013) (31 U.S.C. 6101 note); • 52.209-10 Prohibition on Contracting with Introverted Domestic Corporations (DEC 2014); • 52.222-3 Convict Labor (JUNE 2003) (E.O. 11755); • 52.222-19 Child Labor-Cooperation with Authorities and Remedies (JAN 2014) (E.O. 13126); • 52.222-21 Prohibition of Segregated Facilities (FEB 1999); • 52.222-26 Equal Opportunity (MAR 2007) (E.O. 11246); • 52.222-35 Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212); • 52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793); • 52.222-37 Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212); • 52.222-50 Combating Trafficking in Persons (MAR 2014) (41 U.S.C. Chapter 83); • 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513); • 52.225-3 Buy American - Free Trade Agreement - Israeli Trade Act (MAY 2014); • 52.225-13 Restrictions on Certain Foreign Purchases (JUNE 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of Treasury); • 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (JUL 2013) (31 U.S.C. 3332). • 52.233-3 Protest After Award (AUG 1996) (31 U.S.C. 3553; • 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-7 (19 U.S.C. 3805 note)); • 52.237-2 Protection of Government Building, Equipment, and Vegetation (APR 1984); • 52.247-34 FOB Destination (NOV 1991); • 52.252-2 Clauses Incorporated by Reference (FEB 1998); • 52.219-28 Post-Award Small Business Program Representation (JUL 2013) The following CAR clauses apply to this acquisition: • 1352-201-70 Contracting Officer's Authority The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price. • 1352-209-73 Compliance with the Laws (APR 2010) The contractor shall comply with all applicable laws, rules and regulations which deal with or relate to performance in accord with the terms of the contract. • 1352-209-74 Organization Conflict of Interest (APR 2010) (a) Purpose. The purpose of this clause is to ensure that the contractor and its subcontractors: (1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work under this contract, and (2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract. (b) Scope. The restrictions described herein shall apply to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest (hereinafter collectively referred to as "contractor") in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both. (c) Warrant and Disclosure. The warrant and disclosure requirements of this paragraph apply with full force to both the contractor and all subcontractors. The contractor warrants that, to the best of the contractor's knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the contractor has disclosed all relevant information regarding any actual or potential conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor's impartiality because of the appearance or existence of bias or an unfair competitive advantage. Such disclosure shall include a description of the actions the contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest. (d) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the contract for default, suspend or debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract. (e) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and (g), in any subcontract or consultant agreement at any tier expected to exceed the simplified acquisition threshold. The terms "contract," "contractor," and "Contracting Officer" shall be appropriately modified to preserve the Government's rights. (f) Prime Contractor Responsibilities. The contractor shall obtain from its subcontractors or consultants the disclosure required in FAR Part 9.507-1, and shall determine in writing whether the interests disclosed present an actual, or significant potential for, an organizational conflict of interest. The contractor shall identify and avoid, neutralize, or mitigate any subcontractor organizational conflict prior to award of the contract to the satisfaction of the Contracting Officer. If the subcontractor's organizational conflict cannot be avoided, neutralized, or mitigated, the contractor must obtain the written approval of the Contracting Officer prior to entering into the subcontract. If the contractor becomes aware of a subcontractor's potential or actual organizational conflict of interest after contract award, the contractor agrees that the Contractor may be required to eliminate the subcontractor from its team, at the contractor's own risk. (g) Waiver. The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the contractor may at any time seek a waiver from the Head of the Contracting Activity by submitting such waiver request to the Contracting Officer, including a full written description of the requested waiver and the reasons in support thereof. • 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, NW., Washington, DC 20230. FAX: (202) 482-5858. • 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 - Hollings Marine Lab 331 Fort Johnson Road Charleston, SC 29412-9112 The following NIST clause applies to this acquisition: • 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 20899-1621 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.
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- Place of Performance
- Address: Ship to:, Hollings Marine Laboratory, Charleston, South Carolina, 29412-9112, United States
- Zip Code: 29412-9112
- Zip Code: 29412-9112
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