Inactive Total Small Business Set-Aside (FAR 19.5)

Project Title: Optical Fiber Splicer and Cleaver Set Please submit a, by email, to yolanda.mccray@nist.gov no later than 24 Aug 2023 or as soon as possible. The quotation shall include the following: ... Project Title: Optical Fiber Splicer and Cleaver Set Please submit a, by email, to yolanda.mccray@nist.gov no later than 24 Aug 2023 or as soon as possible. The quotation shall include the following: This is a 100% small business set aside under NASIC 335921. The quotation shall include the following: 1. A technical quotation containing: Detailed technical approach which clearly demonstrate that all the tasks within the attached statement of work can be achieved. The contractor may include any other information that it deemed necessary to ensure the statement of work can be achieved. 2. A Firm Fixed Price with FOB Destination quotation for all requested item(s) meeting the requirements of the NIST Specifications. All quotations must be in U.S. dollar. 3. If the Contractor objects to any of the terms and conditions contained in this solicitation, the contractor 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:” [Contractor shall list exception(s) and rationale for the exception(s)]. It is the sole responsibility of the Contractor to identify in their quote any exceptions to the terms and conditions of the solicitation. If the contractor does not include such a statement, the submission of a quotation in response to this solicitation will be regarded as the Contractor’s acceptance of the Government’s terms and conditions for inclusion into the resultant purchase order. 4. The 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. 5. The Government will award a contract resulting from this solicitation to the responsible to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered: The following factors shall be used to evaluate offers: 1. Technical capability (Meets or exceeds specifications). 2. Price (Price will be evaluated for reasonableness). The Contracting Officer may, if necessary, request revised quotation(s) prior to award. Attachments: Statement of Work Please email any questions regarding this RFQ to yolanda.mccray@nist.gov. Please do not contact any other government employee regarding this RFQ. TERMS AND CONDITIONS: 52.252-1 Solicitation Provisions Incorporated by Reference This solicitation incorporates one or more solicitation provisions 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. The Offeror is cautioned that the listed provisions may include blocks that must be completed by the Offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the Offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://acquisition.gov/comp/far/index.html. The following provisions apply to this acquisition: 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-24 Representation regarding Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Service or Equipment (AUG 2020) 52.204-26 Covered Telecommunications Equipment or Services- Representation (DEC 2019) 52.204-27 Prohibition on a ByteDance Covered Application 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(es): http://acquisition.gov/comp/far/index.html. The following clauses apply to this acquisition: 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 subparagraphs: 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. 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations. 52.219-6, Notice of Total Small Business Set-Aside. 52.219-8, Utilization of Small Business Concerns; 52.219-14, Limitations on Subcontracting; 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; 52.222-35, Equal Opportunity for Veterans 52.222-36, Equal Opportunity for Workers with Disabilities; 52.222-37, Employment Reports on Veterans 52.222-50, Combating Trafficking in Persons 52.223-18, Contractor Policy to Ban Text Messaging While Driving; 52.225-1, Buy American – Supplies (May 2014) 52.225-13, Restriction on Certain Foreign Purchases; 52.232-33, Payment by electronic Funds Transfer 52.225-2 Buy American Certificate. As prescribed in 25.1101(a)(2), insert the following provision: Buy American Certificate (Oct 2022) (a) (1) The Offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product and that each domestic end product listed in paragraph (c) of this provision contains a critical component. (2) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”. (3) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105). (b) Foreign End Products: (4) The terms “commercially available off-the-shelf (COTS) item,” “critical component,” "domestic end product," "end product," and "foreign end product" are defined in the clause of this solicitation entitled "Buy American-Supplies." Line Item No. Country of Origin Exceeds 55% domestic content (yes/no) ______________ _________________ _________________ ______________ _________________ _________________ ______________ _________________ _________________ [List as necessary] (c) Domestic end products containing a critical component: Line Item No. ___ [List as necessary] (d) The Government will evaluate offers in accordance with the policies and procedures of part 25 of the Federal Acquisition Regulation. (End of provision) The following CAR clauses: (https://www.federalregister.gov/articles/2010/03/08/2010-4132/commerce-acquisition-regulation-car#h-372) 1352.201-70 Contracting Officer's Authority; 1352.201-72 Contracting Officer’s Representative 1352.209-73 Compliance with the laws; 1352.209-74 Organizational conflict of interest; 1352.213-70 Evaluation Utilizing Simplified Acquisition Procedures (APR 2010) 1352.219-71 Notification to delay performance (Deviation) 1352.237-73 Foreign national visitor and guest access to departmental resources; 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: ATTN: Robert Singman, 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) 1352.246-70 PLACE OF ACCEPTANCE: (a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract. (b) The place of acceptance will be: 100 Bureau Drive, Gaithersburg, MD 20899 (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. 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. NIST LOCAL-56 INVOICING PROCESSING PLATFORM-ALTERNATE I (DEC 2022) Upon written notice from the contracting officer the following supersedes all other instructions for the submission of payment requests. Accordingly, following written notice payment requests must be submitted electronically through the U.S. Department of the Treasury's Invoice Processing Platform System (IPP). "Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable payment request or invoicing instructions, Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is https://www.ipp.gov. Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice: Invoices and Supporting documents. The Contractor must use the IPP website to register, access, and use IPP for submitting payment requests. If not already enrolled, the Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email within three to five business days of the addition of the contract award to IPP. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email: IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131. If the Contractor is unable to comply with the requirement to use IPP for submitting payment requests, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation. Contact the contracting officer for more information on submitting a waiver request. (END OF CLAUSE)