BRAND NAME BRUKER SPECTROMETER
COMBINED SYNOPSIS/SOLICITATION BRAND NAME BRUKER SPECTROMETER This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented ... COMBINED SYNOPSIS/SOLICITATION BRAND NAME BRUKER SPECTROMETER This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice and in accordance with the simplified acquisition procedures authorized in FAR Part 13. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This solicitation is issued as a request for quotation (RFQ). Submit written quotes on RFQ Number 1305M322QNWWR0028DR. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-04 (JAN 2022) (Deviation 2020-11)(AUG 2020) This solicitation is being issued as unrestricted and open to all sources. The associated NAICS code is 334516. The small business size standard is 1,000. This combined solicitation/synopsis is for purchase of the following commercial supplies: Line Item 0001 – BRUKER BRAND NAME: MPAII FT-NIR SPECTROMETER MPA II Flexible NIR spectrometer for method development and quality control. Line Item 0002 – BRUKER BRAND NAME: MPAII-RT Extension module MPAII-R+MPAII-T Line Item 0003 – BRUKER BRAND NAME: STANDARDS, CERTIFIED SAMPLE IN582R51, REFLECTION STANDARD, GOLD COATED 51mm diameter for use with IN311 Line Item 0004 – BRUKER BRAND NAME: Q429/A NIR SOURCE WITH HOUSING, ASSEMBLED AND ALIGNED MTTF Line Item 0005 – BRUKER BRAND NAME: Q429/A NIR SOURCE WITH HOUSING, ASSEMBLED AND ALIGNED MTTF Line Item 0006 – BRUKER BRAND NAME: IN481-10 ACCESSORY FOR TRANSFLECTION MEASUREMENTS of liquids and semi-solids with the integrating sphere, 10 pieces. Line Item 0007 – BRUKER BRAND NAME: IN481S-2B ACCESSORY FOR TRANSFLECTION MEASUREMENTS of liquids and semi-solids with the integrating sphere, 10 pieces. Line Item 0008 – BRUKER BRAND NAME: MPAII-W EXTENSION MODULE MPAII-W Line Item 0009 – BRUKER BRAND NAME: IN103-P Sample wheel, 30 positions for sample changer IN103/7 and MPA-W Line Item 0010 – BRUKER BRAND NAME: CS12-US Setting up a customer's PC on-site Line Item 0011 – BRUKER BRAND NAME: O/NIR8+OPUS/NIR+ basic NIR spectroscopy software package for quality control, version 8: newest released OPUS version 8.x for this spectrometer type. Line Item 0012 – BRUKER BRAND NAME: O/NIRLAB OPUS/NIRLAB, USER-FRIENDLY SOFTWARE PACKAGE for automated quality control in the laboratory environment. Line Item 0013 – BRUKER BRAND NAME: O/QU-N OPUS/QUANT, quantitative analysis software using a full spectrum multivariate analysis (PLS) method for setting up models. Line Item 0014 - BRUKER BRAND NAME: S950/C-US INSTALLATION CHARGE, ON-SITE (per day, including travel charges, inland) Line Item 0015 – BRUKER BRAND NAME: S710-US TRAINING COURSES Bruker Scientific (Optics) Training course for the FTIR (FIR, MIR, NIR, FT Raman) and Dispersive Raman product lines. Line Item 0016 – BRUKER BRAND NAME: S957-U IN-HOUSE APPLICATION SUPPORT HOURLY RATE Line Item 0017 – SHIPPING AND HANDLING ESTIMATE COST Description of requirements is as follows: See attached Statement of Need and specifications, which is attached to the Request for Quote form SF18. (VII) Place of delivery: National Oceanic and Atmospheric Administration (NOAA) National Marine Fisheries Service (NMFS) Resource Ecology and Fisheries Management Division 7600 Sand Point Way, NE Seattle, WA 98115 (VIII) FAR 52.212-1 Instructions to Offerors-Commercial Items (Nov 2021) applies to this acquisition and is in full text in the RFQ SF18. NOTICE TO OFFERORS: Instructions for submitting quotations under this request for quote must be followed. Failure to provide all information to aid in the evaluation may be considered non-responsive. Offers that are non-responsive may be excluded from further evaluation and rejected without further notification to the offeror. Submit quotes to the office specified in this solicitation on or before the time specified in the solicitation. Email quotes are acceptable and can be sent to diana.romero@noaa.gov. Contractor shall have an active registration in the System for Award Management (SAM found at www.SAM.gov) in order to provide a quote and be eligible for award. Provide all evaluation criteria in accordance with 52.212-2 in this package. “THE GOVERNMENT DOES NOT ACCEPT RESPONSIBILITY FOR NON-RECEIPT OF QUOTES. IT IS THE CONTRACTOR’S RESPONSIBILITY TO REQUEST AND RECEIVE A CONFIRMATION OF THE QUOTE RECEIPT”. ONTRACTORS MUST BE ACTIVE IN SAM IN ORDER FOR QUOTES TO BE ACCEPTABLE. CAM 1352.215-72 INQUIRIES (APR 2010) OFFERORS MUST SUBMIT ALL QUESTIONS CONCERNING THIS SOLICITATION IN WRITING TO diana.romero@noaa.gov QUESTIONS SHOULD BE RECEIVED NO LATER THAN 12:00 P.M. MDT/MST, 04/25/2022. 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 clause) (IX) FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (Nov 2021) applies to this acquisition. Offers will be evaluated based on price and the factors set forth in paragraph (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, evaluation will be based on an all or none basis, lowest price technically. (a) is hereby completed as follows: Evaluation will be based on an all or none basis, lowest price technically acceptable: 1) Technical Capability. The quote shall meet the brand name specifications with Bruker make and model numbers. 2) Price 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. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of provision) (X) FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (Nov 2021) (DEVIATION 2020-11) (AUG 2020) applies to this acquisition and is in full text in the RFQ SF-18 applies to this acquisition and is in full text in the RFQ SF-18.The offeror shall complete the annual representations and certifications electronically in System for Award Management at https://www.sam.gov/portal/SAM/#1. The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision. The offeror shall complete the annual representations and certifications electronically in System for Award Management at https://www.sam.gov/portal/public/SAM/ The clause at FAR 52.212-4 Contract Terms and Conditions—Commercial Items (Nov 2021) (Deviation 2017-02) (Aug 2017), applies to this acquisition and is in full text attached to the RFQ Form SF18. FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (Jan 2022) (Deviation 2021-06) (Sept 2021) (Deviation 2020-11) (Aug 2020) (Deviation 2020-05) (Apr 2020) (Deviation 2017-05)(Sept 2017) applies to this acquisition and is in full text in the RFQ SF18. (XIII) The following clauses/provisions are also applicable to this acquisition: 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/far/index.html (End of Clause) FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause. The use in this solicitation or contract of Commerce Acquisition Regulation (48 CFR 1352) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation. (End of clause) FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERNCE (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/these address: https://www.acquisition.gov/far/index.html (End of provision) FAR 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause. The use in this solicitation or contract of Commerce Acquisition Regulation (48 CFR 1352) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation. (End of provision) FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3. Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to— Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115- 232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to— Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services". Representation. The Offeror represents that— It ? will, ? will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It ? does, ? does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section. Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer: For covered equipment— The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known); A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. For covered services— If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer: For covered equipment— The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known); A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. For covered services— If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. (End of provision) FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation (OCT 2020) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services". (c) (1) Representation. The Offeror represents that it ? does, ? does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument. (2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it ? does, ? does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services. (End of provision) Department of Commerce Clauses: DEPARTMENT OF COMMERCE ACQUISITION CLAUSE OR PROVISION (CAR) FOR FULL TEXT GO TO http://www.osec.doc.gov/oam/acquistion_management/policy/default.htm CAR 1352.201-70 Contracting Officer’s Authority (APR 2010) CAR 1352.209-73 Compliance with the Laws (APR 2010) CAR 1352.209-74 Organizational Conflict of Interest (APR 2010) CAR 1352.233-70 AGENCY PROTESTS (APRIL 2010) 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) Agency protests filed with the Contracting Officer shall be sent to the following address: Chad Hepp Director NOAA/AGO Western Acquisition Division-Boulder 325 Broadway SOU6 Boulder, CO 80305 FAX: 303-497-3163 Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: Barry Berkowitz Senior Procurement Executive and Director, Office of Acquisition Management U.S. Department of Commerce Room 6422 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W. Washington DC 20230 FAX: 202-482-1711 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. 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 Provision) CAR 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APRIL 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 Provision) NOAA ACQUISITION MANUAL (NAM) FOR FULL TEXT GO TO https://www.noaa.gov/sites/default/files/legacy/document/2020/Mar/noaa_Acquisition_Manual_8.0.pdf NAM 1330-52.270-304 NOAA ACQUISITION AND GRANTS OFFICE OMBUDSMAN (OCT 2016) The NOAA Acquisition and Grants Office (AGO) Ombudsman is available to organizations to promote responsible and meaningful exchanges of information. Generally, the purpose of these exchanges will be to: Allow contractors to better prepare for and propose on business opportunities. Advise as to technologies and solutions within the marketplace that the Government may not be aware of, or is not fully benefiting from. Identify constraints in transparency and process. The AGO Ombudsman will objectively, reasonably, and responsibly collaborate with parties and recommend fair, impartial, and constructive solutions to the matters presented to him/her. Further, the AGO Ombudsman will maintain the reasonable and responsible confidentiality of the source of a concern, when such a request has been formally made by an authorized officer of an organization seeking to do business with, or already doing business with NOAA. Before consulting with the AGO Ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations with the respective contracting officer for resolution. However, direct access to the AGO Ombudsman may be sought when an interested party questions the objectivity or equity of a contracting officer’s decision, or when there is a bona fide reason to believe that reasonable, responsible, and objective consideration will not be received from an assigned contracting officer. There are several constraints to the scope of the AGO Ombudsman’s authority, for instance: Consulting with the AGO Ombudsman does not alter or postpone the timelines of any formal process (e.g., protests, claims, debriefings, employee employer actions, activities involving A-76 competition performance decisions, judicial or congressional hearings, or proposal, amendment, modification or deliverable due dates, etc.). The AGO Ombudsman cannot participate in the evaluation of proposals, source selection processes, or the adjudication of protests or formal contract disputes. The AGO Ombudsman is not authorized to generate or alter laws, judicial decisions, rules, policies, or formal guidance. The AGO Ombudsman is not authorized to develop or alter opportunity announcements, solicitations, contracts, or their terms or conditions. The AGO Ombudsman cannot overrule the authorized decisions or determinations of the contracting officer. The AGO Ombudsman has no authority to render a decision that binds AGO, NOAA, the Department of Commerce, or the U.S. Government. The AGO Ombudsman is not NOAA’s agent relative to the service of magistrate or judicial process and cannot be used to extend service of process to another party (whether federal, public, or a private entity). After review and analysis of a filed concern or recommendation, the AGO Ombudsman may refer the interested party to another more suitable federal official for consideration. Moreover, concerns, disagreements, and/or recommendations that cannot be resolved by the AGO Ombudsman will need to be pursued through more formal venues. The AGO Ombudsman is not to be contacted to request copies of forms and/or documents under the purview of a contracting officer. Such documents include Requests for Information, solicitations, amendments, contracts, modifications, or conference materials. Questions regarding this solicitation and contract language shall be directed to Rafael Roman, NOAA AGO Ombudsman, at Rafael.Roman@noaa.gov. (End of solicitation and contract language) (XIV) Defense Priorities and Allocations System (DPAS) and assigned rating does not apply. (XV) Quotes are required to be received in the contracting office no later than 5:00 P.M. MST/MDT on April 26, 2022. All quotes must be emailed to the attention of Diana Romero. The email address is diana.romero@noaa.gov (XVI) Any questions regarding this solicitation should be directed to Diana Romero, phone: 303-578-9265, email: diana.romero@noaa.gov, no later than 04/25/2022.
Data sourced from SAM.gov.
View Official Posting »