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This solicitation is a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-69, effective August 1, 2013.
1352.215-72 INQUIRIES (APR 2010)
Offerors must submit all questions concerning this solicitation in writing to the Contracting Officer. Questions should be received no later than ten 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, on the question responses included in the amendment to the solicitation will govern performance of the contract.
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The associated North American Industrial Classification System (NAICS) code for this procurement is 334516 with a small business size standard of 500 employees. This acquisition is a 100% small business set-aside.
All Offerors shall provide a quotation for the following line item:
Line Item 0001: One (1) Multi-Axis Piezo Flexure Stage
Introduction
The contractor shall furnish the necessary personnel, material, and equipment to fabricate and deliver a Multi-Axis Piezo Flexure Stage.
Background
NIST's Physical Measurement Laboratory has a requirement for a fine-control Multi-Axis Piezo Flexure Stage to adjust the orientation and position of an optic.
Minimum Requirements
All items must be new. Used or refurbished equipment will not be considered for award.
Line Item 0001: One (1) Multi-Axis Piezo Flexure Stage, which shall meet or exceed the specifications stated in the attachment, "specifications_SB134113RQ0737.pdf"
Express Warranty
Contractor shall provide a standard commercial warranty.
Delivery
FOB Destination delivery terms are required, and shall take place in accordance with Contractor's commercial schedule. The contractor shall deliver line item 0001 to NIST, Building 301, Shipping and Receiving, Gaithersburg, MD 20899-1640.
PROVISIONS AND CLAUSES:
The following provisions and clauses apply to this acquisition and are hereby incorporated by reference. All FAR clauses may be viewed at http://acquisition.gov/comp/far/index.html.
Provisions
52.212-1, Instructions to Offerors-Commercial Items
52.212-3 Offeror Representations and Certifications-Commercial Items
52.225-18, Place of Manufacture;
Offerors shall complete annual representations and certifications on-line at http://orca.bpn.gov in accordance with FAR 52.212-3 Offerors Representations and Certifications- Commercial Items. If paragraph (j) of the provision is applicable, a written submission is required.
Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2012)
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-
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.
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.
The Offeror represents that, as of the date of this offer-
It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
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.
Clauses
52.212-4 Contract Terms and Conditions-Commercial Items
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items-Commercial Items including subparagraphs:
52.219-6, Notice of Total Small Business Set Aside
52.219-28, Post Award Small Business Program Re-representation;
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;
52.222-36, Affirmative Action for Workers with Disabilities;
52.223-18, Contractor Policy to Ban Text Messaging While Driving;
52.225-1, Buy American Act - Supplies
52.225-13, Restriction on Certain Foreign Purchases;
52.225-25, Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran;
52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration.
52.247-34, FOB Destination
1352.201-70, Contracting Officer's Authority
1352.209-73, Compliance With the Laws
1352.246-70, Place of Acceptance
INSTRUCTIONS:
System for Award Management (SAM) Registration
In accordance with FAR 52.204-99, 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 3:00 p.m. Eastern Time on September 6, 2013. FAX quotations shall not be accepted. E-mail quotations shall be accepted at [email protected]. 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 inbox set forth above.
Quotations shall be sent to the National Institute of Standards and Technology, Acquisition Management Division, Attn: Paula Wilkison, 100 Bureau Drive, Mail Stop 1640, Gaithersburg, MD 20899-1640. All Offerors should ensure the RFQ number is visible on the outermost packaging.
Because of heightened security, FED-EX, UPS, or similar delivery methods are the preferred method of delivery of quotes. If quotes 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 Paula Wilkison, Contract Specialist on 301-975-8448.
Addendum to FAR 52.212-1, Quotation Preparation Instructions
1) Price Quotation: The Offeror shall submit an original and one copy of the completed price 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 firm-fixed-price, FOB Destination, for each CLIN. Price quotations shall remain valid for a period of 90 days from the date quotations are due.
2) Technical Quotation: The Offeror shall submit an original and one copy of the technical quotation. If the quotation is submitted electronically, additional copies are not required. The technical quotation shall address the following:
Technical Capability: The Offeror shall submit a technical description or product literature for the equipment it is proposing, which clearly identifies the manufacturer, make and model. The Offeror must demonstrate that its proposed equipment meets or exceeds each minimum requirement described in the statement of work by providing a citation to the relevant section of its technical description or product literature.
If applicable, evidence that the Offeror is authorized by the original equipment manufacturer to provide the item(s) in the quotation shall be included.
3) Experience: The Offeror shall demonstrate the extent to which it has recently manufactured, distributed, and installed similar equipment.
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. It is recommended that approximately 3-5 contracts be referenced.
Acceptance of Terms and Conditions (Addendum to FAR 52.212-1 (b) (11)): This is an open-market solicitation for equipment as defined herein. The Government intends to award a Purchase Order as a result of this solicitation that will include the clauses set forth herein. The quotation should include one of the following statements:
"The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition."
OR
"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).
Note: 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.
Evaluation Factors
Award shall be made to the Offeror whose quotation offers the best value to the Government price and other factors considered. The Government will evaluate quotations based on the following evaluation criteria: 1) Technical Capability 2) Experience, 3) Past Performance, and 4) Price. All non-price factors, when combined, are approximately equal to price.
Technical Capability: All items must be new. Used or refurbished instruments will not be considered for award.
Evaluation of technical capability shall be based on the information provided in the quotation. NIST will evaluate whether the Offeror has demonstrated that its proposed equipment meets or exceeds all minimum requirements. Quotations that do not demonstrate the proposed equipment meets all requirements will not be considered further for award. If an Offeror does not indicate whether its proposed equipment meets a certain minimum requirement, NIST will determine that it does not. NIST will give preference to Offerors who demonstrate that their proposed equipment exceeds NIST's requirements.
Experience: NIST will evaluate the extent of the Offeror's experience providing similar equipment. The Offeror shall demonstrate the extent to which it has recently manufactured and distributed similar equipment.
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 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.
Price: The Government will evaluate price for reasonableness.
Experience, Past Performance, and Price shall not be evaluated on quotes that are determined technically unacceptable under the Technical Capability Evaluation factor.
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 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 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 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.
(e) 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
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, N.W.
Washington, D.C. 20230
FAX: (202) 482-5858
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