Inactive Total Small Business Set-Aside (FAR 19.5)

CLASSIFICATION CODE: 325120 – Industrial Gas Manufacturing SOLICITATION NUMBER: 1333ND21QNB190028A RESPONSE DATE: February 08, 2021 at 2:00 PM EST CONTACT POINTS: Kathy Thomerson, Contract Specialist ... CLASSIFICATION CODE: 325120 – Industrial Gas Manufacturing SOLICITATION NUMBER: 1333ND21QNB190028A RESPONSE DATE: February 08, 2021 at 2:00 PM EST CONTACT POINTS: Kathy Thomerson, Contract Specialist (301) 975-2742 Abdul-Kudus Yahaya, Contracting Officer, (301) 975-8497 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 PROCEDURES FOR CERTAIN COMMERCIAL ITEMS UNDER THE AUTHORITY OF FAR Part 13. This solicitation is a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2021-04 dated January 19, 2021. 1352.215-72 INQUIRIES (APR 2010) Offerors must submit all questions concerning this solicitation in writing to both the Contract Specialist (kathy.thomerson@nist.gov) and the Contracting Officer (abdul-kudus.yahaya@nist.gov). Questions should be received no later February 01, 2021 at 10:00am Eastern Time. 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. (end of provision) The associated North American Industrial Classification System (NAICS) code for this procurement is 325120 – Industrial Gas Manufacturing, with a small business size standard of 1000 Employees. This acquisition is being competed as 100% small business set-aside. This is a combined synopsis/solicitation for a dry ice Requirements contract. The Government intends to award one (1) Requirements Contract 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 quotes shall include a statement regarding the terms and conditions herein as follows: 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 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 quote 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 Call 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. The DUNS # for the offeror’s active System for Award Management (SAM) registration. Offerors shall have an active registration at www.SAM.Gov to be considered for award. Offeror must respond to all applicable representation and certifications in SAM to include: FAR 52.209-5(a)(1)(i)(B); FAR 52.209-5 (a)(1)(i)(C); FAR 52.209-5(a)(1)(i)(D); FAR 52.209-11(b)(1); FAR 52.209-11 (b)(2); FAR 52.204-26(c) and 52.212-3(v). LIST OF ATTACHMENTS: The following documents and forms are hereby provided as attachments. The purpose of these attachments is for reference and to provide specification requirements to the Contractor for quotation purposes only. Attachment #1: STATEMENT OF WORK (SOW) All offerors shall provide a firm-fixed-price quotation for the following line item(s): Contract Line Item Number (CLIN UNIT UNIT PRICE APPLICABLE DISCOUNTS TERMS ORDDERING PERIOD 1 -01 March 2021 – 28 February 2022 CLIN 0001: Furnish the NIST Storeroom with Delivery of Dry Ice- twice a week in accordance with the Statement of Work. LB ORDERING PERIOD 2- 01 March 2022 - 28 February 2023 CLIN 1001: Furnish the NIST Storeroom with Delivery of Dry Ice- twice a week in accordance with the Statement of Work. LB ORDERING PERIOD 3 - 01 March 2023 – 28 February 2024 CLIN 2001: Furnish the NIST Storeroom with Delivery of Dry Ice- twice a week in accordance with the Statement of Work. LB ORDERING PERIOD 4 – 01 March 2024 – 29 February 2025 CLIN 3001: Furnish the NIST Storeroom with Delivery of Dry Ice- twice a week in accordance with the Statement of Work. LB ORDERING PERIOD 5 – 01 March 2025 – 28 February 2026 CLIN 4001: Furnish the NIST Storeroom with Delivery of Dry Ice- twice a week in accordance with the Statement of Work. LB The maximum amount for this requirement shall not exceed $160,000.00. The combined synopsis solicitation does not commit the Government to pay any cost for the preparation and submission of a quote. FAR 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS INSTRUCTIONS: System for Award Management (SAM) Registration In accordance with FAR 52.204-7, 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 electronic quotations, via email, so that NIST receives them not later than 2:00 pm Eastern Time on February 08, 2020. E-mail quotations shall be submitted directly to the Contract Specialist at kathy.thomerson@nist.gov and the Contracting Officer at abdul-kudus.yahaya@nist.gov. 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. REQUIRED SUBMISSIONS All offerors shall submit the following: Technical Capability: Offeror shall submit no more than ten (10) single sided pages demonstrating their ability to provide dry ice in pellet form in 50 lb boxes. Offeror shall state and show the capability to provide the shipments of the dry ice twice a week to NIST Gaithersburg, MD within 1 day of receipt of a call order. EVALUATION CRITERIA AND BASIS FOR AWARD The Government intends to award one (1) Requirements Contract resulting from this solicitation to the responsible offeror whose quote, conforming to the solicitation, is the lowest price technically acceptable quote. Evaluation Criteria: Acceptable/Unacceptable 1. Technical Capability: Offeror shall submit no more than ten (10) single sided pages demonstrating their ability to provide dry ice in pellet form in 50 lb boxes. 2. Offeror shall state and show the capability to provide the shipments of the dry ice twice a week to NIST Gaithersburg, MD within 1 day of receipt of a call order. Deliveries will be made on Monday and Thursday. 3. Price will be evaluated for reasonableness. a. By submission of an offer, the Offeror accepts all solicitation requirements, including terms and conditions, representations and certification and technical requirements related to this agreement. b. The Government intends to award one (1) Requirement Contract without discussions with respective Offerors. The Government, however, reserves the right to conduct discussions if deemed in its best interest. c. Evaluation Criteria: Acceptable/Unacceptable. Offeror must submit a cost per pound of the dry ice shipments. d. Offeror must provide the number of days it will be able to provide dry ice in pellet form in 50 lb boxes twice a week to NIST Gaithersburg, MD upon receipt of a call order. e. Offeror’s quote must be acceptable in all criterium to be found technically acceptable for award. BASIS FOR AWARD: This is a competitive best value source selection utilizing Lowest Price Technically Acceptable (LPTA) source selection procedures in accordance with FAR 13.106-2 for award of this contract. The evaluation process shall proceed as follows: 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. All CAR clauses may be viewed at http://farsite.hill.af.mil/VFCARA.HTM APPLICABLE PROVISIONS AND CLAUSES The following provisions and clauses are applicable to the subject solicitation. FAR Provisions and Clauses: 52.252-2 CLAUSES INCORPORATED BY REFERENCE 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/?q=browsefar 52.212-1 INSTRUCTIONS TO OFFERORS- COMMERCIAL ITEMS (JAN 2017) 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS- COMMERCIAL ITEMS (JAN 2017) 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (JAN 2017) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2017) 52.203-6 Restrictions on Subcontractor Sales to the Government (Sept 2006) 52.203-13 Contractor Code of Business Ethics and Conduct (Oct 2015) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards 52.204-23 Prohibition on Contracting for Hardware, Software and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (July 2018) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Dec 2019) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019) 52.204-26 Telecommunications Equipment or Services-Representation (Dec 2019) 52.209-6 Protecting the Government`s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment 52.219-6 Notice of Total Small Business Set Aside 52.219-8 Utilization of Small Business Concerns (Nov 2016) 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 52.222-50 Combatting Trafficking in Persons 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving 52.225-1 Buy American--Supplies (May 2014) 52.225-13 Restrictions on Certain Foreign Purchases 52.232-33 Payment by Electronic Funds Transfer-System for Award Management 52.216-1 Type of Contract (Apr 1984) The Government contemplates award of a Requirements Contract resulting from this solicitation. (End of provision) 52.216-19 Order Limitations. (Oct 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than ___1 box (50lbs.)__________ [insert dollar figure or quantity], the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor- (1) Any order for a single item in excess of ___55 boxes (2750lbs.)__________ [insert dollar figure or quantity]; (2) Any order for a combination of items in excess of __55 boxes (2750lbs.)____________ [insert dollar figure or quantity]; or (3) A series of orders from the same ordering office within _____2________ days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within ___1__ days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of clause) 52.216-21 Requirements (Oct 1995) (a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule. (d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract. (e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source. (f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 28 February 2026. 52.217-4 Evaluation of Options Exercised at Time of Contract Award (June 1988) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate the total price for the basic requirement together with any option(s) exercised at the time of award. (End of provision) 52.217-5 Evaluation of Options (July 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). (End of provision) 52.217-6 Option for Increased Quantity (Mar 1989) The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree. (End of clause) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) (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 FIVE years. (End of clause) CAR Provisions and Clauses: Department of Commerce Acquisition Regulation (CAR) clauses. - http://farsite.hill.af.mil/vfcara.htm 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. (End of clause) 1352.209-73 COMPLIANCE WITH THE LAWS 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. (End of clause) 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (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. (End of clause) 1352.233-70 AGENCY PROTESTS (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 (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 Provisions and Clauses: NIST LOCAL 40 BILLING INSTRUCTIONS (a) NIST prefers electronic Invoice/Voucher submissions and they should be emailed to INVOICE@NIST.GOV. (b) Each Delivery/Task Order Invoice or Voucher submitted shall include the following: (1) Contract Number; identified in Block 2 of the OF347. (2) Delivery/Task Order number identified in Block 3 of the OF347. (3) Contractor Name and Address. (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. (10) 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 (End of clause)