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 Computer Facilities Services Team (CFST), part of the Infrastructure Services Division (ISD/184), provides Computing Facilities Services support for NIST location in Gaithersburg, Maryland. This is a Brand Name Only Requirement to procure Eaton UPSs with 60 VRLA 16 Volt batteries model 16HX925F-FR. Eaton manages the warranty on the Eaton 9395-550-550-CC UPS and its UPS battery banks currently in use at NIST. The battery replacement shall be performed by an authorized Eaton service technician, who will then calibrate the UPS to support the new batteries. Eaton manages the warranty on the Eaton 9395-550-550-CC UPS and its UPS battery banks currently in use at NIST. Due to the complex design and concern for safety, Eaton does not allow unauthorized 3rd-party service providers to perform maintenance on Eaton 3-phase UPSs and services cannot be performed without the use of a Service Toolkit (software), auhtoirized by Eaton. The Toolkit and and required training are not made available to technicians who are not direct Eaton employees unless they are expressly under contract with Eaton to provide such services. As such, Eaton Corp is the sole and exclusive service provider for Eaton UPS modules. The battery replacement shall be performed by an authorized Eaton service technician, who will then calibrate the UPS to support the new batteries. The associated North American Industrial Classification System (NAICS) code for this procurement is 335999, All Other Miscellaneous Electrical Equipment and Component Manufacturing, with a small business size standard of 500 Employees. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2022-08. This requirement is a 100% small business set aside. SCHDULE OF REQUIRED ITEMS: The Contractor shall provide the following the following: Line Item Description Quantity 0001 60 VRLA 16 Volt batteries model 16HX925F-FR 60 The Contractor shall meet the following specifications: Description of Products and Services Quantity 60 VRLA 16 Volt batteries model 16HX925F-FR (Roughly 250 pounds per battery) Eaton Battery Replacement Supporting Documents: R-9, W-1, R-11 Labor and specialized rigging to install batteries Staging required for removal of existing and replacement with new batteries Installation of the new batteries: (Maximum of four batteries can be on the UPS floor at a time and none can be stored at any area other than the staging area on the first floor, so this process will need to be repeated multiple times till battery replacement has been completed.) Transporting new batteries up and down 4 flights of stairs. Visual inspection of connection terminals, inter cell/battery connectors, cables, etc. Visual inspection of cell covers, containers, and post seals Cleaning of accessible surfaces as required for battery replacement Protection of the battery monitoring system and re-installation of the battery monitoring system as the UPS batteries are replaced. Installation of new batteries to proper torque values and battery verification per manufacturer specifications Transporting of old batteries down 4 flights of stairs. 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 are included. (FOB Destination) Contractor Responsibilities: Transporting of Batteries Transporting of batteries will require specialized staging since the floor of the UPS room cannot handle the weight of all the batteries. The UPS and the battery banks sit on a specialized pad that has still braces that support its weight that run between two building support beams. Because of the floor weight restrictions, no more than 4 batteries, either good or bad can be on the floor at one time. An example would be to transport two batteries up and remove two batteries from the battery bank which totals four batteries on the floor at one time. There is no elevator access available for this procurement between the 3rd and 5th floors. The batteries will need to be stored on pallets at the specified loading area on the 1st floor level loading dock. Cart two batteries to the elevator where they will need to be lifted from the cart at the 3rd floor area. The batteries shall be hand carried up 4 flights of stairs. The batteries cannot be stored on the 3rd floor even for transition nor can the elevator handle more than four batteries at a time with the cart and supporting staff. The contractor is responsible for providing appropriate lifts, pallet jacks, and such to transport batteries. Installation of Batteries The base of the UPS is larger than a normal base in that it extends 24” from the front of the UPS and about 18” from the back of the UPS. Contractor shall ensure that an appropriate lift is used based on the dimension provided above. NIST will not provide a lift nor rigging for this, it will need to be set up by the contractor and removed after the job is complete. 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. When working with the battery monitoring system, the contractor is responsible for using best industry practices. After turning off the battery bank, the battery monitoring shall be removed from one string at a time and not one battery at a time. Once the battery is replaced on the string, the battery monitoring shall be installed back to the batteries before working on the next string of batteries. Do not disconnect the battery monitoring and connect the battery monitoring when power is on. This will short out the battery monitoring sensors. Prior to moving on to the next battery bank, it is the responsibility of the contractor to make sure the batter monitoring is working properly. Prior to acceptance, CFST management shall make sure the battery monitoring is working as it should. If the battery monitoring is not working properly, it is the responsibility of the contractor to fix the problem. Battery Delivery and Removal The truck delivering the batteries will be required to provide its own lift, the contractor should not assume that there will be a loading dock, nor will there be a lift. The pallets of batteries will be stored in the designated location outside and should remain covered on pallets in the specified area. The old batteries shall be removed within 5 business days of the arrival of the batteries. Inspection, testing criteria, and final acceptance As part of the procurement, the contractor is responsible for inspection of all components, and installation, testing, and troubleshooting of the completed installation of the new UPS batteries prior to final acceptance. Once the UPS batteries are installed, they shall receive final acceptance by CFST management in Gaithersburg. Any defects encountered after final acceptance will be subject to the manufactures warranty. Manufactures Warranty The 60 VRLA 16 Volt batteries model 16HX925F-FR shall come with a minimum of a three-year warranty that includes 100% parts. The warranty period begins once NIST final acceptance is completed. Contractor’s minimum qualifications The battery replacement shall be performed by an authorized Eaton service technician, who will then calibrate the UPS to support the new batteries. Period of performance Contractor shall deliver and install the 60 VRLA 16 Volt batteries model 16HX925F-FR 12 weeks after the date of award. Delivery requirements: All deliveries will take place Monday thru Friday, during normal business hours (8AM – 4 PM). Deliveries will be made to CF Manager on the NIST Gaithersburg campus. 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: 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. 52.212-1, Instructions to Offerors-Commercial Items 52.212-3, Offeror Representations and Certifications-Commercial Items FAR Clauses: 52.205-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. 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 Set aside 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 Equal Opportunity 52.222-36 Equal Opportunity for Workers with Disabilities; 52.222-50 52.223-18 Combating Trafficking in Persons Encouraging Contractor Policies to Ban Text Messaging While Driving 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 shall submit all questions concerning this solicitation in writing to the Contracting Officer. Questions should be received no later than 12:00 pm EST, 5 calendar days prior to submission deadline. 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) NIST LOCAL-41, Software Licenses Addendum a) This Addendum incorporates certai11 terms and conditions relating to federal procurement actions. The terms and conditions of this Addendum take precedence over the terms and conditions contained in any license agreement or other contract documents entered into between the parties. Governing Law: Federal procurement law and regulations, including the Contract Disputes Act, 41 U.S.C. Section 601 et.seq., and the Federal Acquisition Regulation (FAR), govern the agreement between the parties. Litigation arising out of this contract may be filed only in those having jurisdiction over federal procurement matters. Attorney's Fees: Attorney's fees are payable by the federal government in any action arising under this contract only pursuant to the Equal Access in Justice Act, 5 U.S.C. Section 504. No Indemnification: The federal government will not be liable for any claim for indemnification; such payments may violate the Anti-Deficiency Act, 31 U.S.C. Section 1341(a). Assignment: Payments may only be assigned in accordance with the Assignment of Claims Act, 31 U.S.C. Section 3727, and FAR Subpart 32.8, "Assignment of Claims." Invoices: Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. Section 3903) and Office of Management and Budget (OMB) Circular A-125, Prompt Payment. Patent and Copyright Infringement: Patent or copyright infringement suits brought against the United States as a party may only be defended by the U.S. Department of Justice (28 U.S.C. Section 516). Renewal of Support after Expiration of this Award: Service will not automatically renew after expiration of the initial term of this agreement. Renewal may only occur in accord with (1) the mutual agreement of the parties; or (2) an option renewal clause allowing the government to unilaterally exercise one or more options to extend the term of the agreement. (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. Addendum to Far 52.212-1, Quotation Preparation Instructions: Price Quotation- The Offeror shall propose a firm-fixed-price for all Line Items. Technical Quotation- All offerors shall provide documentation showing that they are authorized 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. 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 shall clearly demonstrate compliance with the requirements. The Government will evaluate quotations based on the following evaluation criteria: (1) Technical Capability and (2) Price. 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 shall be authorized to sell and service the products they are proposing to the Government, by the original manufacturer(OEM) certified engineers or technicians. 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 January 6, 2023, 8:00 am, EST.