Inactive Total Small Business Set-Aside (FAR 19.5)

THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS PREPARED IN ACCORDANCE WITH THE FORMAT IN FEDERAL ACQUISITION REGULATION (FAR) SUBPART 12.6-STREAMLINED PROCEDURES FOR EVALUATION AND SOLI... THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS PREPARED IN ACCORDANCE WITH THE FORMAT IN FEDERAL ACQUISITION REGULATION (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; A WRITTEN SOLICITATION DOCUMENT WILL NOT BE ISSUED. This solicitation is a Request for Quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2019-03 effective July 12, 2019. This requirement is a Small Business Set-aside. The associated North American Industrial Classification System (NAICS) code for this procurement is 334519- Other Measuring and Controlling Device Manufacturing. The National Institute of Standards and Technology (NIST), Gaithersburg Radiation Safety Division (GRSD) is responsible for radiation protection and regulatory compliance matters for NIST's radioactive materials license at the NIST Gaithersburg, MD campus. As part of managing the radiation safety program, GRSD is obligated to perform timely checks for personnel contamination in areas at risk of material dispersion to ensure the safety of radiation workers. In order to fulfill the mission of personnel protection with the addition of 75,000 square feet of new building space, GRSD needs to procure additional contamination monitors that will be located in the new H-wing of the Radiation Physics building. Responsible quoters shall provide a quotation for all of the following line items. All equipment must be new. Used or remanufactured equipment shall not be considered for award. LINE ITEM 0001: 1 EACH Gamma Monitoring System Ludlum 375P-336 or equal to detect gamma emitting radiation per the attached Statement of Work. 1 EACH @ tiny_mce_marker_____________(each) Total tiny_mce_marker____________ LINE ITEM 0002: 1 EACH Universal Software - monitoring software to read loading dock monitor remotely or equal. 1 EACH @ tiny_mce_marker_____________(each) Total tiny_mce_marker____________ LINE ITEM 0003: 1 EACH ethernet option to connect monitor to network system or equal. 1 EACH @ tiny_mce_marker_____________(each) Total tiny_mce_marker____________ LINE ITEM 0004: 1 EACH Stand - 336-90DS Detector stand or equal. 1 EACH @ tiny_mce_marker_____________(each) Total tiny_mce_marker____________ LINE ITEM 0005: 1 EACH On-site monitor installation in accordance with the attached Statement of Work. 1 EACH @ tiny_mce_marker_____________(each) Total tiny_mce_marker____________ Total Cost (including shipping) Total tiny_mce_marker_____________ DELIVERY Delivery and Installation Deliverable One (1): Delivery to be made by October 1st, 2019 at any time; however, installation shall be no later than December 31st 2019 (subject to change due to building completion). The contractor shall deliver to: The National Institute of Standards and Technology Attention: Gaithersburg Radiation Safety Division, Manny Mejias 100 Bureau Drive, Building 245 Room B131 Gaithersburg, MD 20899-1731 PERIOD OF PERFORMANCE All work shall be completed not later than December 31 2019. GOVERNMENT FURNISHED PROPERTY: N/A TRAVEL Travel to the NIST, Gaithersburg, Maryland campus, is required for on-site support to set up and calibrate the instruments (Line Item 0005). COMPLIANCE WITH NIST RULES AND REGULATIONS Safety: The Contractor employee shall be responsible for knowing and complying with the NIST installation safety prevention regulations (http://www-i.nist.gov/mml/safety/policies/index.htm.) Such regulations include, but are not limited to, general safety, fire protection, and waste disposal. Security: NIST is a restricted campus. An identification badge is required for access for entry into buildings and is shown to the armed guards when entering the campus. The Contractor shall provide all information necessary for the NIST Technical Point of Contact (TPOC) to authorize entrance to the NIST campus. Identification Badges: Contractor employees shall comply with the NIST identification and access requirements. Each Contractor employee shall wear a visible identification badge provided by the NIST Security Office. The badge must show the full name, title, and if required by NIST, the words "Contractor" in front. The Contractor employee shall turn in the NIST identification badge and vehicle pass to the TPOC or Contracting Officer (CO) upon termination of their services under this contract. Vehicle Registration: All Contractor employees must register their vehicles with the NIST Security Office to gain access to the campus. A valid driver's license, Government-furnished civilian ID, proof of insurance and current registration must be presented to the NIST Security Office, at which time a NIST vehicle pass will be issued. The pass shall be displayed on the vehicle's rear-view mirror in accordance with instructions. The Contractor employee shall follow the NIST procedures for removal and turn-in of the vehicle pass upon termination of services under this contract. ACCEPTANCE CRITERIA AND PAYMENT SCHEDULE Final acceptance by the Government shall be granted after successful completion of delivery and installation, and confirmation that the equipment meets all required specifications. Should any deficiencies be noted prior to final acceptance, the Contractor will be notified and provided the opportunity to correct all deficiencies at their expense, in accordance with the commercial terms and conditions of the contract. The contractor shall be paid in one lump sum payment upon submission of a proper invoice, and upon submission by the Contractor and acceptance by the Government. Partial payments shall not be authorized. EVALUATION CRITERIA AND BASIS FOR AWARD The Government will award a purchase order resulting from this solicitation to the responsible quoter whose quotation, conforming to the solicitation, is the lowest priced, technically acceptable. Technically acceptable means that the Contractor provides a quotation that meets all requirements of this combined synopsis/solicitation. Price will be evaluated to determine that the total price is consistent with the technical portion of the quotation and is a fair and reasonable overall price to the Government. REQUIRED SUBMISSIONS All quoters shall submit the following within their quotation: 1) A firm-fixed price quotation, which addresses all line items. 2) One electronic copy of technical description and/or product literature of Ludlum 375P-336 or equal. Quoters shall include the manufacturer, make and model of the product, manufacturer sales literature or other product literature which CLEARLY DOCUMENTS that the offered product meets or exceeds the required specifications stated herein. It is the responsibility of the quoter to ensure that all specifications are clearly documented; 3) If product literature does not address any given specification, a discussion of how the Contractor will meet or exceed that required specifications. Modifications to the quoted system must be discussed; 4) A discussion of the proposed warranty; 5) The timeline for delivery; 6) This is a Small Business Set-Aside, Combined Synopsis/Solicitation for equipment, as defined herein. The Government intends to award a Purchase Order resulting from this Combined Synopsis/Solicitation that will include the terms and conditions that are set forth herein. In order to facilitate the award process, ALL quotes shall include a statement regarding the terms and conditions herein as follows: a. The quoter 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 quoter 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:" Quoter's 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 a quoter 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; 7) The Dun and Bradstreet Number (DUNS number) for the quoter's active System for Award Management (SAM) registration. Quoters must have an active registration at www.SAM.Gov to receive an award; 8) The country of manufacturer for the quoted equipment; 9) Quoters shall include a completed copy of the provision, "Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2015)" with their quotation. Incorporated, herein, in full text; DUE DATE FOR QUOTATIONS All quotations must be submitted via e-mail to Gary Kaufman, Contract Specialist, at gary.kaufman@nist.gov FAX quotations will not be accepted. Submission must be received not later than 2:00 p.m. Eastern Time on August 12, 2019. A quotation shall be considered received when it is received in the electronic inbox of Gary Kaufman not later than the date and time identified herein. Questions: All questions regarding this notice must be submitted via e-mail to gary.kaufman@nist.gov not later than 3:00 p.m. Eastern Time on July 25, 2019. PROVISIONS AND CLAUSES The full text of a Federal Acquisition Regulation (FAR) provision or clause may be accessed electronically at www.acquisition.gov. The following FAR provisions apply to this acquisition: 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation 52.204-7, System for Award Management 52.204-16, Commercial and Government Entity Code Reporting 52.204-17, Ownership or Control of Offeror 52.204-20, Predecessor of Offerors 52.204-22, Alternative Line Item Proposal 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law 52.212-1, Instructions to Offerors-Commercial Items 52.212-3, Offeror's Representations and Certifications-Commercial Items 52.225-25, Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran In accordance with FAR 52.212-3 Offeror Representations and Certifications - Commercial Items, quoters must complete annual representations and certifications on-line at www.SAM.Gov. If paragraph (j) of the provision applies, a written submission is required. The following FAR clauses apply to this acquisition: 52.204-9, Personal Identity Verification of Contractor Personnel 52.204-13, System for Award Management Maintenance 52.204-18, Commercial and Government Entity Code Maintenance 52.204-19, Incorporation by Reference of Representations and Certifications 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations 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, including sub-paragraphs: (checked clauses are applicable to this solicitation) XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)). __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (5) [Reserved]. __ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). XX (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note). __ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313). __ (10) [Reserved]. __ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). __ (ii) Alternate I (Nov 2011) of 52.219-3. XX (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (ii) Alternate I (JAN 2011) of 52.219-4. __ (13) [Reserved] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644). __ (ii) Alternate I (Nov 2011). (iii) Alternate II (Nov 2011). __ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-7. __ (iii) Alternate II (Mar 2004) of 52.219-7. __ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)). __ (17)(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Jan 2017) of 52.219-9. __ (iii) Alternate II (Nov 2016) of 52.219-9. __ (iv) Alternate III (Nov 2016) of 52.219-9. __ (v) Alternate IV (Aug 2018) of 52.219-9. __ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). __ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)). __ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f). XX (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)). __ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)). __ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)). XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). XX (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126). XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). XX (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). ___ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). XX (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). ___ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212). __ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). XX (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). __ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). __ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) __ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693). __ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693). __ (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Oct 2015) of 52.223-13. __ (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-14. __ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-16. XX (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). __ (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693). __ (44) 52.223-21, Foams (JUN 2016) (E.O. 13693). XX (45) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). ___ (46)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. ___ (ii) Alternate I (May 2014) of 52.225-3. __ (iii) Alternate II (May 2014) of 52.225-3. __ (iv) Alternate III (May 2014) of 52.225-3. __ (47) 52.225-5, Trade Agreements (Aug 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). XX (48) 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 the Treasury). __ (49) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). __ (50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (52) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). __ (53) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). XX (54) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332). __ (55) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (56) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). __ (57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (58)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). __ (ii) Alternate I (Apr 2003) of 52.247-64. 52.232-39, Unenforceability of Unauthorized Obligations 52.232-40, Providing Accelerated Payments to Small Business Subcontractors 52.233-3, Protest After Award 52.233-4, Applicable Law for Breach of Contract Claim 52.247-34, FOB Destination The following U.S. Department of Commerce Acquisition Regulation (CAR) provisions and clauses apply to this procurement. The full text of a CAR provision or clause may be accessed electronically at www.acquisition.gov. Reference Supplemental Regulations, U.S. Department of Commerce. 1352.201-70 CONTRACTING OFFICER'S AUTHORITY 1352.209-73 COMPLIANCE WITH THE LAWS 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS 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: CAROL A. WOOD, 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 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 1352.246-70 PLACE OF ACCEPTANCE: NIST, 100 Bureau Drive, Gaithersburg, MD 20899 NIST LOCAL-53 CONTRACT PERFORMANCE DURING CHANGES IN NIST OPERATING STATUS Unless otherwise stated in the contract terms and conditions, normal days of business operation are Monday through Friday, excluding Federal Holidays. However, throughout the contract period of performance, there may be circumstances beyond the control of the U.S. Department of Commerce, National Institute of Standards and Technology (NIST), that will impact normal days of business operation, such as inclement weather, power outages, etc. In circumstances such as these, the Contractor must call the appropriate NIST campus status line to verify the operating status: Gaithersburg Campus Operating Status Line: (301) 975-8000 (800) 437-4385 x8000 (toll free) Boulder Campus Operating Status Line: (303) 497-4000 During a lapse in appropriation, access to Government facilities and resources, including equipment and systems, will be limited to excepted personnel for both Federal employees and Contractor personnel. If performance of the contract is onsite and/or requires Government interaction, unless you have been, or are notified that you are to work under an excepted status, you will automatically enter a temporary work stoppage. The work stoppage shall remain in effect until the lapse is resolved and notification is provided via the NIST website at https://www.nist.gov/ and/or the NIST operating status lines. Additionally, contractors are encouraged to monitor public broadcasts or the Office of Personnel Management's website at www.opm.gov for the Federal Government operating status. NIST will provide notification to all contractors that are determined to have excepted status. All excepted contractors are required to continue performance and communicate with the appointed Contracting Officer's Representative (COR) for further guidance, or NIST Contracting Officer if a COR is not appointed. Contractors with supply or service contracts that are fully funded at the time of contract award and do not require access to Government facilities, resources, or active administration by Government personnel in a manner that would cause the government to incur additional obligations during the lapse in appropriation may continue performance. (End of clause) NIST LOCAL-54 ELECTRONIC BILLING INSTRUCTIONS NIST requires that Invoice/Voucher submissions are sent electronically via email to INVOICE@NIST.GOV. Each Invoice or Voucher submitted shall include the following: (1) Contract number; (2) Contractor name and address; (3) Unique entity identifier (see www.sam.gov for the designated entity for establishing unique entity identifiers); (4) Date of invoice; (5) Invoice number; (6) Amount of invoice and cumulative amount invoiced to-date; (7) Contract Line Item Number (CLIN); (8) Description, quantity, unit of measure, unit price, and extended price of supplies/services delivered; (9) Prompt payment discount terms, if offered; and (10) Any other information or documentation required by the contract.