Inactive Total Small Business Set-Aside (FAR 19.5)

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 as supplemented with additional information included in this notice. This annou... (i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. (ii) The solicitation number is SB1341-20-RQ-02592 and the solicitation is issued as a Request for Quotation (RFQ) restricted on a Total Small Business Set-Aside basis. This acquisition is for a commercial item or service and is conducted under the authority of the Federal Acquisition Regulation (FAR) Part 13—Simplified Acquisition Procedures and FAR Part 12—Acquisition of Commercial Items. A Fixed-Price type of contract is contemplated for any resulting contract entered into as a result of this solicitation. (iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Regulation (FAR) Federal Acquisition Circular (FAC) Number/Effective Date: 2020-07 / 08-03-2020. (iv) The North American Industry Classification System (NAICS) code for this procurement is 334413 Semiconductor and Related Device Manufacturing with the small business size standard of 1250 Employees. This requirement is restricted on a Total Small Business set-aside basis. (v) Background. This requirement is for the National Institute of Standards and Technology (NIST). The Time and Frequency Division within the Physical Measurement Laboratory in the Information Technology Laboratory (ITL) at NIST maintains the standard for frequency and time interval for the United States, provides official time to the United States and carries out a broad program of research and service activities in time and frequency metrology. The Computing and Communications Theory Group in the Time and Frequency Division has a requirement to procure Lasers that will be used for Fiber Coupling at Rubidium wavelengths. NIST performs research and development projects on various quantum devices for quantum communication and networking applications. The subject project includes single photon sources based on non-linear phenomena due to resonating light in small optical rings (called ring resonators). A common challenge with the use of these ring resonators is to couple, or transfer, the pump light into and out from the closed loop ring. NIST is developing a novel technique for this methodology that may become more robust and repeatable than current techniques, which will be supported through this acquisition. (vi) Purpose. The subject requirement will allow NIST to develop a quantum device for quantum communication and networking applications that will couple laser light at atomic wavelengths into and out from optical resonators at Rubidium compatible wavelengths. Specifically, the requirement needs to be a narrow linewidth laser tunable over a broad (40 nm) range of wavelengths to cover the D2 and D1 transition lines of Rubidium. The laser light will be free spaced coupled into a fiber, which will have a polished bend located at the fiber/resonator coupling location. The purpose of this requirement is to obtain a laser for fiber coupling at rubidium wavelengths; specifically, the following supply: one (1) stand-alone laser and laser controller meeting or exceeding the following minimum specifications described herein. Products offered must include those salient physical, functional, or other characteristics that are deemed essential in meeting the government’s needs. Specifically, the following salient characteristics are deemed essential that this requirement must meet or exceed: • Output power > 100mW. • Wavelength range: 770 nm to 810 nm. • Polarization linearly > 20:1 • Linewidth (over 1 mS) < 100kHz • Linewidth (over 1 S) < 1MHz • Side mode suppression > 50dB. • Coarse tuning resolution: 0.1 nm (Point-to-point: 1pm). • Course tuning range: ~40 nm (motorized) • Fine tuning resolution: < 2GHz/V (automated by piezo). • Piezo fine-tuning range: > 50GHz • Thermal stability: < 100 MHz/°C. • Includes: Isolation: >35 dB over full tuning range; Compatible laser diode controller with piezo, temperature, current control and modulation; and Suitable for external frequency locking. • PC OU/interface: Win 10/USB (with LabVIEW compatibility). • Software: Full control of laser operation and interfacing. • New and with the full original manufacturer’s warranty. Offerors must: 1) include Shipping and handling cost in the quotation or specify if it is included in the price; 2) indicate if items being quoted are warrantied or if any service support plans are applicable in accordance with Offerors’ standard commercial warranty practices, and the length of time of such warranty or support; 3) indicate an estimated delivery time in full after receipt of an order and that the offeror will comply with NIST’s delivery terms. The system shall meet or exceed the salient characteristics identified above. All items must be new. Used or remanufactured equipment will not be considered for award. Experimental, prototype, or custom items will not be considered. The use of “gray market” components not authorized for sale in the U.S. by the proposer is not acceptable. All line items shall be shipped in the original manufacturer’s packaging and include all original documentation and software, when applicable. The Contractor shall provide a Firm Fixed Price Quotation for the following CLINS: Contract Line Item 0001: The Contractor shall provide a quantity of 1 stand-alone laser and laser controller meeting or exceeding the salient characteristics described in this solicitation as the minimum specifications. (vii) Delivery. The Government anticipates award of a firm fixed-price purchase order for this acquisition, and the delivery shall be in accordance with the information in this section. Deliverable One (1): Delivery shall be FOB destination and shall occur within the vendor’s standard commercial lead time. FOB Destination means: The contractor shall pack and mark the shipment in conformance with carrier requirements, deliver the shipment in good order and condition to the point of delivery specified in the purchase order, be responsible for any loss of and/or damage to the goods occurring before receipt and acceptance of the shipment by the consignee at the delivery point specified in the purchase order; and pay all charges to the specified point of delivery. Due to the current campus access restrictions at NIST, delivery shall occur at a mutually agreed upon date between the contractor and the NIST technical point of contact (TPOC), but by no later than 10/31/2020. The contractor shall NOT deliver any items until all delivery date and arrangements have been agreed upon in writing with the TPOC. The contractor/delivery service must be approved to access the NIST campus, so the contractor must first receive TPOC confirmation prior to delivering items. All items shall be delivered to the following address: The National Institute of Standards and Technology Building 301 Shipping & Receiving 100 Bureau Drive Gaithersburg, MD 20899-1640 (viii) Inspection and Acceptance: In addition to the inspection and acceptance terms articulated in 52.212-4, the Government reserves the right to perform such performance tests and evaluations as defined below to verify specified system performance. Such tests and evaluations, if performed, shall be conducted within the environment that the system is to be operated. The Contractor has the right to be present during the tests and evaluations, if performed, at the Contractor’s expense. The scope of general inspection includes: a) Structural, mechanical, and electrical evaluation of product b) An operational evaluation of the unit c) Evaluation of the system’s performance and software interfacing A visual inspection of the time will be performed by the NIST TPOC to identify defects or any form of indication that the unit was damaged during transport to NIST. The Government shall have sole discretion to require repair or replacement of damaged and/or nonconforming supplies at no cost to the Government. The Government at any time prior to acceptance shall reject the unit due to defects and/or nonconformance. The contractor is responsible for latent defects discovered any time after final inspection. However, the extent of its liability shall be prorated over the useful life of the unit. Ownership (title) of the laser unit shall transfer to NIST upon acceptance. The place of acceptance shall be: 100 Bureau Drive Building 220 Gaithersburg, MD 20899 (ix) Warranty: The contractor shall warranty the entire system in accordance with the contractor’s commercial warranty terms and shall be in accordance with terms in FAR 52.212-4. (x) Payment Schedule. The Contractor shall be paid, in accordance with Net 30-day payment terms, upon receipt and acceptance of a proper invoice, in accordance with the following schedule: 1. 100% after receipt and acceptance by the TPOC of fully delivered system. 2. The Government anticipates inspection will occur after the testing procedures set forth in this solicitation have been complete. NOTE: Partial shipments and partial invoices will not be accepted, unless otherwise requested and accepted by the Contracting Officer prior to award offer. Proposed payment schedules shall be submitted with vendor’s response to the RFQ for consideration. (xi) The provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference (Feb 1998), applies to this acquisition. 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 these addresses: https://www.acquisition.gov/?q=browsefar http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl (End of provision) The following provisions apply to this acquisition and are incorporated by reference: • FAR 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017) • FAR 52.204-7, System for Award Management (Oct 2018) • FAR 52.204-16, Commercial and Government Entity Code Reporting (Jul 2016) • FAR 52.204-17, Ownership or Control of Offeror (Jul 2016) • FAR 52.204-20, Predecessor of Offeror (Jul 2016) • FAR 52.204-26, Covered Telecommunications Equipment or Services-Representation (Dec 2019) • FAR 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation (Nov 2015) • FAR 52.212-1, Instructions to Offerors-Commercial Items (Oct 2018) • FAR 52.212-3, Offeror Representations and Certifications-Commercial Items (Oct 2018) • FAR 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification (May 2014) The clause at FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998), applies to this acquisition. 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 these addresses: https://www.acquisition.gov/browse/index/far http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl (End of clause) The following clauses apply to this acquisition and are incorporated by reference: • FAR 52.204-13, System for Award Management Maintenance (Oct 2018) • FAR 52.204-18, Commercial and Government Entity Code Maintenance (Jul 2016) • FAR 52-204-19, Incorporation by Reference of Representations and Certifications (Dec 2014) • FAR 52.212-4, Contract Terms and Conditions--Commercial Items (Oct 2018) • FAR 52.232-39, Availability of Funds for the Next Fiscal Year (Apr 1984) The provisions of FAR clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (AUG 2019) is applicable to this solicitation: 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Jun 2020) 52.219-28, Post-Award Small Business Program Rerepresentation (May 2020) 52.222-3 Convict Labor (June 2003) 52.222-19 Child Labor-Cooperation With Authorities and Remedies (Jan 2020) 52.222-21 Prohibition of Segregated Facilities (Apr 2015) 52.222-26 Equal Opportunity (Sep 2016) 52.222-36 Equal Opportunity for Workers With Disabilities (Jun 2020) 52.222-50 Combating Trafficking in Persons (Jan 2019) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) 52.225-1 Buy American - Supplies (May 2014) 52.225-13, Restrictions on certain foreign purchases (Jun 2008) 52.232-33 Payment by Electronic Funds Transfer-- System for Award Management (Oct 2018) The following provisions apply to this acquisition and are incorporated as an attachment, and MUST be completed and submitted with any response to this RFQ: • FAR 52.204-20 Predecessor of Offeror (AUG 2020) • FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Dec 2019) • FAR 52.204-26, Covered Telecommunications Equipment or Services-Representation (Dec 2019) • FAR 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016) • FAR 52.225-2 Buy American Certificate (May 2014) – (List as necessary) (xii) The provision at FAR clause 52.212-2, Evaluation – Commercial Items, applies to this acquisition. Quotations t shall be evaluated against two (2) non-price evaluation factors and price. Non-price factors include the following in descending order of importance: 1) Technical Capability, and 2) Past Performance. Non-price factors when combined shall be considered more important than Price. (xiii) The Offerors to include a completed copy of the provision at FAR clause 52.212-3, Offeror Representations and Certifications-Commercial Items, with its offer. (xiv) The clause at FAR 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition. (xv) The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, applies to this acquisition and is incorporated by reference. (xvi) The provision at CAR 1352.233-70 AGENCY PROTESTS (APR 2010) applies to this acquisition and incorporated in full text: An agency protest may be filed with either (1) the Contracting Officer, or (2) at a level above the Contracting Officer, with the agency Protest Decision Authority. See 64 Fed. Reg. 16,651 (April 6, 1999). Agency protests filed with the Contracting Officer shall be sent to the following address: NIST/ACQUISITION MANAGEMENT DIVISION ATTN: KEITH BUBAR, CONTRACTING OFFICER 100 Bureau Drive, MS 1640 Gaithersburg, MD 20899 Agency protests filed with the 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 A complete copy of all agency protest, 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. 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 Provision) (xvii) The provision at CAR 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010) is applicable to this solicitation and incorporated in full text. (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 Provision) (xviii) The following provisions and clauses apply to this acquisition and are hereby incorporated by reference. All CAR clauses may be viewed at http://www.ecfr.gov 1352.201-70 – Contracting Officers Authority 1352.209-73 – Compliance with the Laws (APR 2010) 1352.209-74 – Organizational Conflict of Interest 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 NIST LOCAL 54 – 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. (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) (xix) The following additional contract requirement(s) or terms and conditions as determined by the contracting officer are necessary for this acquisition and consistent with customary commercial practices. There are no additional contract requirement(s) or terms and conditions applicable to this acquisition. (xx) The Defense Priorities and Allocations System (DPAS) are not applicable to this requirement. (xxi) Instructions to Offerors. Responses to this solicitation must include clear and convincing evidence of the offeror’s capability of fulfilling the requirement as it relates to the technical evaluation criteria. Responses to this solicitation must include sufficient information to establish the interested parties’ bona-fide capabilities of providing the product or service. The technical quotation must clearly demonstrate the each of the Government’s minimum specifications detailed in this solicitation have been met by the product(s) quoted. The price quote shall include: unit price, list price, shipping and handling costs, delivery days after contract award, delivery terms, prompt payment discount terms, F.O.B. Point (Destination or Origin), product or catalog number(s), product description, and any other information or factors that may be considered in the award decision. Such factors may include past performance, special features required for effective program performance, trade-in considerations, probable life of the item selected as compared with that of a comparable item, warranty considerations, maintenance availability, and environmental and energy efficiency considerations. The Dun & Bradstreet Number (DUNS), the Taxpayer Identification Number (TIN), and the certification of business size must be included in the response. All offerors must have an active registration in the System for Award Management (SAM) at www.sam.gov. (xxii) Offerors must submit all questions concerning this solicitation in writing to hunter.tjugum@nist.gov. Questions should be received no later than FIVE (5) calendar days after the issuance date of this solicitation. Any 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. All quotations must be received no later than the date specified in this announcement. Late responses will not be accepted. All responses must reference the subject solicitation number. Responses must be submitted electronically to hunter.tjugum@nist.gov. Facsimile responses will not be accepted. For information regarding this solicitation, contact Hunter Tjugum by email at hunter.tjugum@nist.gov or by phone at 301-975-2015. (xxiii) Evaluation criteria and basis for award. Responses received to this RFQ will be evaluated on a Trade-Off basis. The Government will evaluate quotations or offers in accordance with FAR 13.106-2 and award a purchase order from this solicitation to the responsible offeror whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotes: a. Technical capability of the item offered to meet the Government requirement; b. Price; and c. Past performance [see FAR 13.106-2(b)(3)]. (xxiv) All responses must be received no later than the date specified in this announcement. Late responses will not be accepted. All responses must reference the subject solicitation number. Responses must be submitted electronically to hunter.tjugum@nist.gov. Facsimile responses will not be accepted. For information regarding this solicitation, contact Hunter Tjugum, Contract Specialist, by email at hunter.tjugum@nist.gov or by phone at 301-975-2015.