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 FAR SUBPART 12.6-STREAMLINED PROCEDURES FOR EVALUATION AND SOLICITATION FOR COMMERCIAL ITEMS-AS ... 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. Background Information: The National Institute of Standards (NIST), Office of Information Systems Management (OISM) has a Gaithersburg Computing Facility (GCF) that runs 24 X 7 to service the Gaithersburg campus. To support critical IT equipment and applications, an Eaton Powerware 9315-400-500 UPS was installed. The UPS is designated as the "Primary UPS" and it protects the GCF IT equipment from all power outages, power spikes, and brown outs. The Primary UPS batteries are due for replacement. Eaton manages the warranty on the 9395-450 UPS and its UPS battery banks. This is a Brand Name Only Requirement to procure replacement Eaton UPS Batteries needed by the NIST. Eaton already manages the warranty/maintenance on two Eaton UPS and the UPS battery banks for the Gaithersburg Computing Facility and does not authorize 3rd party service providers to perform maintenance or calibration on Eaton 3-phase UPS products. Eaton uses a proprietary software Service Toolkit that is required for the proper maintenance and calibration of the UPS. Battery replacement and re-calibration shall be provided by an Eaton UPS power specialist to maintain the UPS under warranty to allow NIST to support the computer facility. The associated North American Industrial Classification System (NAICS) code for this procurement is 811212 Computer and Office Machine Repair and Maintenance, with a small business size standard of $27.5 M. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2019-01. This requirement is a 100% small business set aside. SCHDULE OF REQUIRED ITEMS: The Contractor shall provide the following the following: CLIN 0001 Description: EnerSys VRLA 12 Volt batteries Model 12HX680F-FR and Installation Eaton UPS Serial Number: EV412ZXX01 Model Description: 9315-400-500 Battery Type: VLRA, Sealed Quantity: 200 Unit of Issue: EA Delivery Date: 60 days from the date of award Pricing Option: Firm-Fixed-Price Specifications • EnerSys Battery Supporting Warranty Documentation • Labor and specialized rigging to install batteries • Staging required for removal of existing and replacement with new batteries • Installation of the new batteries: 1. Transporting new batteries from the first-floor loading dock to the staging area on the basement floor level. 2. Visual inspection of connection terminals inter cell/battery connectors, cables, etc. 3. Visual inspection of cell covers, containers, and post seals 4. Cleaning of accessible surfaces as required for battery replacement 5. Protection of the battery monitoring system and re-installation of the battery monitoring system as the UPS batteries are replaced. 6. Installation of new batteries to proper torque values and battery verification per manufacturer specifications 7. Transporting of old batteries. • Reset of float voltage on UPS and the UPS battery run time calculator. • EPA approved removal and disposal of existing batteries • Provision of a "field activity report" (FAR) with applicable data and notes regarding installation (within 5 business days) • All freight and delivery charges shall be included. • Spare parts on hand so that in the event that a part is broken during this battery replacement it can be replaced immediately. Eaton maintains the spare parts inventory at their service location to ensure that the UPS is maintained. Installation • Installation of Batteries: NIST will not provide a lift nor rigging for this work. Lifts and or rigging must be set up by the vendor and removed after the job is completed. Only one battery bank is allowed to be off at a time and that will need to be coordinated with NIST CF Operations team using the phone in the UPS room. The UPS will remain running and carrying a load while this maintenance is being performed. • Battery Monitoring System: There is a fully functioning battery monitoring system that is connected to each battery with a separate sensor. It is critical that these sensors are protected while the battery replacements are occurring and that they are prevented from shorting. Shorting protective caps will be provided to the UPS battery replacement technicians to ensure that shorting is prevented during the installation of the new batteries. These will be returned to the NIST GB CF services team upon completion of the battery replacements. • Battery Delivery and Removal: The truck delivering the batteries will be required to provide its own lift, the vendor should assume that there will NOT be a loading dock nor will there be a lift. The pallets of batteries will be stored in the designated location and should remain covered on pallets in the specified area if not in transit between the pallets and the Primary UPS room. The new batteries shall be installed in the UPS and the old batteries shall be removed within 5 business days of the arrival of the batteries. The work shall be done during working hours 9AM-4PM. . 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 Commerce Acquisition Regulations (CAR) clauses may be viewed at http://farsite.hill.af.mil/VFCARA.HTM Provisions: 52.212-1, Instructions to Offerors-Commercial Items 52.212-3, Offeror Representations and Certifications-Commercial Items FAR Clauses: 52.212-4 Contract Terms and Conditions-Commercial Items 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items-Commercial Items including subparagraphs: 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements 52.204-10 Reporting Executive compensation and first-Tier Subcontract Awards 52.209-6 Protecting the Government's interest when subcontracting with contractors Debarred, Suspended, or Proposed for Debarment. 52.219-6 52.219-13 Notice of Total Small Business Setaside Notice of Set-Aside of Orders 52.219-28 Post Award Small Business Program Re-representation; 52.222-3 Convict Labor; 52.222-19 Child Labor - Cooperation With Authorities And Remedies; 52.222-21 Prohibition of Segregated Facilities; 52.222-26 52.222-35 , Equal Opportunity Equal Opportunity for Veterans 52.222-36 Affirmative Action for Workers with Disabilities; 52.222-50 52.223-18 52.225-1 52.225-3 Combating Trafficking in Persons Encouraging Contractor Policies to Ban Text Messaging While Driving Buy American Act Buy American Act-Free Trade Agreements 52.225-13 Restriction on Certain Foreign Purchases; 52.232-33 Payment by Electronic Funds Transfer-System for Award Management Commerce Acquisition Regulations (CAR) Clauses: 1352.201-70, Contracting Officer's Authority 1352.209-73, Compliance With the Laws 1352.209-74, Organizational Conflict of Interest 1352.215-72, Inquiries Offerors must submit all questions concerning this solicitation in writing no later than April 22, 2019, 8:00 am, EST. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Requests shall include complete company name, address, telephone and e-mail address. FAX AND OR PHONE REQUESTS ARE NOT AUTHORIZED AND WILL NOT BE ACCEPTED. 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 FR 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: MONICA BROWN, 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, NW. Washington, DC 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, NW. Washington, DC 20230 FAX: (202) 482-5858. (End of clause) 1352.237-71, Security Processing Requirements- Low Risk Contracts NIST LOCAL 07, Computer Security Policy All contractor personnel shall read and be familiar with the Computer Security Policy at NIST which can be downloaded from the NIST internal web site at http//www i.nist.gov/cio/itsd/pp_nist/policy/policy_accnuse.html. This policy is hereby incorporated by reference as if fully set forth. The Contractor and its employee(s) and agents shall abide by the terms and conditions of the policy throughout the period of performance (including any exercised option periods) of this contract. NIST Local Clause 10, Delivery Instructions Contractor shall coordinate delivery (including installation and training if applicable) with the Technical Information Contact identified herein. 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. INSTRUCTIONS: 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 to register shall forfeit award. Required Information The government will not consider any proposal without the information required by this solicitation. Acceptance of Terms and Conditions: This is an open-market solicitation for equipment as defined herein. The Government intends to award a Purchase Order as a result of this solicitation that will include the clauses set forth herein. The proposal should include one of the following statements: "The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition." OR "The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following: Offeror shall list exception(s) and rationale for the exception(s) Note: This procurement is not being conducted under the GSA Federal Supply Schedule (FSS) program or another Government-Wide Area Contract (GWAC). If an offeror submits a proposal 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 proposal. Addendum to Far 52.212-1, Quotation Preparation Instructions: 1. Price Quotation- The Offeror shall propose a firm-fixed-price for all Line Items. 2. Technical Quotation- All offerors shall provide documentation showing that they are a certified authorized factory resellers or distributors of the product(s) they are proposing or are the Manufacturer. Award will not be made to any offeror without the requested documentation. All quotations shall clearly comply with the Schedule of Required Items. 3. All offerors shall submit the information/documentation required by the provisions in this solicitation. Quotation Evaluation: The Government intends to award a purchase order resulting from this solicitation to the lowest price, technically acceptable Offeror. To be technically acceptable, the quotation must clearly demonstrate compliance with the requirements. The Government will evaluate quotations based on the following evaluation criteria: (1) Technical Capability and (2) Price. 1. Technical Capability An offeror's failure to quote all of the products/services listed above may be considered indicative of the offerors lack of understanding of the Government's requirements and may result in the offer being determined unacceptable. If an evaluation of Non-Acceptable is received, the Offeror will not be considered for Award. An evaluation of Technically Acceptable / Non-Acceptable will be assigned upon completion of the technical quotation evaluation. Offerors who fail to provide sufficient information (e.g. documentation, specifications, etc.) that clearly demonstrates an ability to meet the Government's technical specifications will be considered non-acceptable. If an evaluation of Non-Acceptable is received, the Offeror will not be considered for Award. All offerors must be authorized to sell and service the products they are proposing to the Government, by the original manufacturer (OEM) certified engineers or technicians. 2. Price Price will be evaluated for reasonableness. Your company is encouraged to discount its rates. If price discounts are offered, identify the percentage of price discount and/or price reduction offered. The Government does not intend to enter into discussion and may award a purchase order on the basis of initial offers received, without discussions. Therefore, each initial quotation shall contain the offeror's best terms. Nonetheless, the Government reserves the right to conduct discussions if it is in the best interest of the Government. Due Date and Response Information Offerors capable of furnishing the specified repair in this combined synopsis/solicitation should submit their quote in writing to: Prateema Carvajal electronically at prateema.carvajal@nist.gov. FAX quotations shall not be accepted. Offerors shall submit their quotations so that NIST receives them not later than May 3, 2019, 8:00 am, EST.