Inactive Total Small Business Set-Aside (FAR 19.5)

A. DESCRIPTION: 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 COMM... A. DESCRIPTION: 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 SEPARATE WRITTEN SOLICITATION DOCUMENT WILL NOT BE ISSUED. THE SOLICITATION IS BEING ISSUED USING SIMPLIFIED ACQUISITION UNDER FAR PART 13. The associated North American Industrial Classification System (NAICS) code for this procurement is 238220 – Plumbing, Heating and Air Conditioning Contractors. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2020-04. This requirement is a 100% small business set aside. B. BACKGROUND INFORMATION AND SCOPE: The National Institute of Standards and Technology (NIST) intends to procure boiler inspection services. NIST has a recurring need for annual boiler inspections each summer to ensure that the boilers are in good operational condition to prepare for Winter Operations. This requirement will be a base and four option year contract. List of Attachments: 1. Statement of Work (SOW) 2. Wage Determination no.: 2015-4269 3. Guidelines for Office of Facilities and Property Management (OFPM) Contractors. C. 1352.215-72 INQUIRIES (APR 2010) All questions must be submitted in writing via email to abdul-kudus.yahaya@nist.gov after site visit. Questions must be received no later March 9, 2020. 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. D. Schedule of Services All offerors shall provide a quotation for the following line items: Base Year CLIN 0001 Description: Contractor shall perform annual boiler inspection in accordance with the incorporated statement of work (SOW). Quantity: 1 Unit of Issue: Year Period of Performance: 07/01/2020 to 06/30/2021 Pricing Option: Firm-Fixed-Price Option I CLIN 1001 Description: Contractor shall perform annual boiler inspection in accordance with the incorporated statement of work (SOW). Quantity: 1 Unit of Issue: Year Period of Performance: 07/01/2021 to 06/30/2022 Pricing Option: Firm-Fixed-Price Option II CLIN 2001 Description: Contractor shall perform annual boiler inspection in accordance with the incorporated statement of work (SOW). Quantity: 1 Unit of Issue: Year Period of Performance: 07/01/2022 to 06/30/2023 Pricing Option: Firm-Fixed-Price Option III CLIN 3001 Description: Contractor shall perform annual boiler inspection in accordance with the incorporated statement of work (SOW). Quantity: 1 Unit of Issue: Year Period of Performance: 07/01/2023 to 06/30/2024 Pricing Option: Firm-Fixed-Price Option IV CLIN 4001 Description: Contractor shall perform annual boiler inspection in accordance with the incorporated statement of work (SOW). Quantity: 1 Unit of Issue: Year Period of Performance: 07/01/2024 to 06/30/2025 Pricing Option: Firm-Fixed-Price E. 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 https://www.acquisition.gov/browse/index/far. All Commerce Acquisition Regulations (CAR) clauses may be viewed at https://www.acquisition.gov/content/regulations Provisions 52.212-1 Instructions to Offerors - Commercial Items 52.212-3 Offeror Representations and Certifications-Commercial Items 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 (APR 2010)-- including subparagraphs: 52.204-10 - Reporting Executive Compensation and First Tier Subcontract Awards 52.209-6 - Protecting the Government’s Interest when subcontracting with Contractor’s Debarred, Suspended or proposed for Debarment 52.209-10 - Prohibition on Contracting with Inverted Domestic Corporations 52.219-6 - Notice of Total Small Business Set-Aside 52.219-28 - Post Award Small Business Program 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 - Equal Opportunity for Workers with Disabilities 52.222-50 - Combating Trafficking in Persons 52.223-18 - Encouraging Contractor Policies to Ban Text Messaging While Driving 52.225-13 - Restriction on Certain Foreign Purchases; 52.232-30 - Installment Payments for Commercial Items 52.232-33 - Payment by Electronic Funds Transfer- System for Award Management. 52.217-8 - Option to Extend Services The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days. (End of clause) 52.217-9 Option to Extend the Term of the Contract. (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months. (End of clause) 52.202-1 – Definitions 52.203-18 - Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation 52.203-19 - Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements 52.204-4 - Printed or Copied Double-Sided on Postconsumer Fiber Content Paper 52.219-1 - Small Business Program Representations 52.223-6 - Drug-Free Workplace 52.222-25 - Affirmative Action Compliance 52.232-1 - Payments 52.232-8 - Discounts for Prompt Payment 52.232-11 - Extras 52.232-17 - Interest 52.232-23 - Assignment of Claims 52.233-1 - Disputes 52.233-4 - Applicable Law for Breach of Contract Claim 52.242-13 - Bankruptcy 52.246-25 - Limitation of Liability – Services 52.252-2 - Clauses Incorporated by Reference 1352.201-70 Contracting Officer’s Authority 1352.201-72 Contracting Officer’s Representative (COR) 1352.209-72 Restrictions against disclosure 1352.209-73 Compliance With The Laws 1352.209-74 Organizational Conflict of Interest 1352.237-71 Security Processing Requirements - Low Risk Contracts 1352.237-75 Key personnel 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: Abdul-Kudus Yahaya, 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 (End of clause) 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010) (a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed. (b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims. (c) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W. Washington, D.C. 20230. FAX: (202) 482-5858 (End of clause) 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 Instructions: use in all awards that require electronic submission of invoices. 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. (End of clause) F. INSTRUCTIONS: Quotations must conform to solicitation and be prepared in accordance with this section. To aid in evaluation, the quotation shall be clearly and concisely written as well as being neat, indexed (cross-indexed as appropriate) and logically assembled. All pages of each part shall be appropriately numbered and identified with the name of the offeror, the date, and the solicitation number. System for Award Management (SAM) In accordance with FAR 52.204-7, the awardee must be registered in SAM (www.sam.gov) prior to award. Refusal or failure to register shall forfeit award. Addendum to FAR 52.212-1, Quotation Preparation Instructions: As detailed below, each quotation shall consist of a Technical Quotation and Past Experience/References (Vol. I) and a Business/Pricing Quotation (Vol. II) via email to abdul-kudus.yahaya@nist.gov. no later than the due date stipulated in this solicitation. Late quotes will not be accepted. Price Quotation- The Offeror shall propose a firm-fixed-price for all Line Items. All quotations shall indicate the offeror’s company DUNS number and CAGE code. Site Visit: The Government will accommodate and hold an organized visit on March 11, 2020 at 1:00 PM ET at building 302. Offerors must be pre- registered in the NIST visitor registration system. Offerors may send the list of their representatives to abdul-kudus.yahaya@nist.gov no later than March 9, 2020 with the following information: Name: US Citizen: Yes or No Company Name: All visitors 16 years of age and older are required to present an accepted form of photo I.D. and, if bringing a vehicle onto the NIST campus, their vehicle registration card. Not all state-issued driver's licenses can be accepted by NIST. Under the REAL ID Act of 2005, federal agencies, including NIST, can only accept REAL ID-compliant state driver’s licenses (https://www.dhs.gov/real-id). NOTE: NIST takes a minimum of four (4) working days to review Non-US Citizen visit registration who is not a green card holder. All quotations shall be submitted via email to abdul-kudus.yahaya@nist.gov no later than March 25, 2020 at 3:00 pm ET. Late quotes will not be accepted. G. QUOTATION EVALUATION AND AWARD: 1. Evaluation Criteria: Lowest Price Technically Acceptable 2. Evaluation Factors: i. Technical Capability: Offeror shall submit no more than three (3) single sided pages demonstrating their understanding of the requirement which shall include all aspects of the job as described in the Statement of Work and knowledge of Boiler Inspections. ii. The offeror shall be qualified to perform Boiler Inspections as demonstrated by past experience working in the industry over the past five years. Provide a listing of projects (a minimum of 5) that demonstrates this experience. iii. The key personnel shall be employed by an “Authorized Inspection Agency” as posted by the Maryland Division of Labor and Industry Boiler and Pressure Vessel Safety Office Web Site. The company they work for shall have a current registration with the State of Maryland. The Government will review the website. iv. The Key Personnel shall be required to perform the work on site (Gaithersburg, Maryland). The following shall be submitted at time of bid for the key personnel performing the work. a. Certificate of Commissioned Special Inspector from the State of Maryland for the Key Personnel performing the work. b. Provide Resume of Key Personnel that demonstrates they have performed similar work over the last five years with a minimum of three (3) reference points of contact. Provide a listing of three (3) projects that demonstrates this experience. References will be contacted to verify the quality of work performed. If work was not performed by this individual to demonstrate their experience, they will be determined not acceptable for this criterion. v. Price: Price will be evaluated for fairness and reasonableness. 3. Basis for award: The Government intends to make a single award to the Offeror who is the lowest priced, technically acceptable. A quotation will only be considered technically acceptable if it clearly demonstrates compliance with the evaluation factors and the solicitation. The Government does not intend to enter into discussion and may award a purchase order on the basis of initial offers received but reserve the right to do. Therefore, each initial quotation shall contain the offeror’s best terms.