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 SB1341-21-TC-RQ-00325-rvsd 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 Purchase Order 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: 2021-02 / 11-23-2020. (iv) The North American Industry Classification System (NAICS) code for this procurement is 334516 Analytical Laboratory Instrument Manufacturing with the small business size standard of 1000 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 Inorganic Materials Group in the Materials and Structural Systems Division under the Engineering Laboratory (EL) at NIST has a requirement to procure an Automated Hydraulic Press for preparing pressed pellets for x-ray fluorescence (XRF) analysis at NIST. This requirement will be used to fulfill the need for an automated hydraulic press and sample die in order to prepare pellets of powdered cement and aggregate materials for XRF analysis at NIST. The Materials and Structural Systems Division at NIST is comprised of various groups that serve as resources for developing and promoting the use of science-based material to enhance both the global competitiveness of U.S. industry through innovations in building materials and construction technology; and the safety, security, and sustainability of the nation's buildings and physical infrastructure. (vi) Purpose. The purpose of this acquisition is to procure one automated hydraulic sample press to prepare pressed powder specimens for x-ray fluorescence (XRF) analysis as detailed in the product requirements identified in this solicitation. The contractor shall provide one automated hydraulic press for preparing pressed pellets for XRF analysis that meets the following minimum requirements identified as essential requirements. 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: 1. The press shall provide a maximum of 25 Imperial tons (or the equivalent 25.4012 Metric tons) pressure. 2. The press shall be capable of automatic loading and unloading with user-selectable pressure, load, and unload rates. 3. Press shall be able to work in laboratory environment with 115 Volt/60 Hz power supply. 4. The contractor shall provide one sample die set and mounting accessories to produce 1000 samples compatible for a 27 mm XRF sample holder for an existing government owned and currently operated Panalytical Axios Max instrument. The Automated Hydraulic Sample Press for XRF analysis must be compatible with the Panalytical Axios Max, manufactured by Malvern Panalytical Inc., in accordance with the following minimum requirements: a. Sample die set with fitting for vacuum line to evacuate sample while pressing b. Metal sample cups or sample rings to contain powder c. Binder pellets or powder suitable for 1,000 cement and rock samples d. The maximum capacity of the Panalytical Axios Max is 32 mm and cannot be exceeded. 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 (See section (ix) for Warranty requirements); 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 Contractor shall provide a Firm Fixed Price Quotation for the following CLINS: Contract Line Item 0001: The Contractor shall provide a quantity of One (1) Hydraulic Press for preparing pressed pellets for XRF Analysis 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. The contractor shall deliver the required product F.O.B Destination to the address specified below within 30 days after receipt of an order. NIST Shipping and Receiving 100 Bureau Drive Building 301 Gaithersburg, MD 20899 Note: The NIST Gaithersburg, MD campus is under limited access restrictions due to COVID-19 and deliveries are only accepted when arranged in advance. Prior to shipment, the Contractor shall request approval for delivery from the NIST TPOC. Once approved, the Contractor shall provide the shipper name, a tracking number for the order, and an estimated delivery date. Contractor failure to request delivery approval in advance and to provide the above-noted shipment information in advance may result in inspection or payment delays for which the Government shall have no liability. F.O.B destination means that 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. (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 herein to verify specified system performance. Inspection will take place at the NIST Gaithersburg, MD campus within 14 days following receipt of delivery. The NIST Technical Point of Contact (TPOC) will inspect the product to ensure all required components are provided and fully operational in accordance with the specifications identified in this document. Upon successful inspection, NIST will accept the order and an invoice may be submitted. (ix) Warranty: The Automated Hydraulic Sample Press for XRF analysis and any other products provided shall have a commercial warranty of at least one (1) year. (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: 100% after receipt, inspection, testing and acceptance by the TPOC of the fully delivered systems. 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 may 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 (Aug 2020) • FAR 52.204-17, Ownership or Control of Offeror (Aug 2020) • FAR 52.204-20, Predecessor of Offeror (Aug 2020) • FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020) • FAR 52.204-26, Covered Telecommunications Equipment or Services-Representation (Oct 2020) • FAR 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation (Nov 2015) • FAR 52.212-1, Instructions to Offerors-Commercial Items (Jun 2020) • FAR 52.212-3, Offeror Representations and Certifications-Commercial Items (Nov 2020) • FAR 52.225-25, Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran (Jun 2020) 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) 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, including the Government’s required Part Number, Minimum Specifications or Essential Features and Quantities. 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, any warranty or training considerations, and any other information or factors that may be considered in the award decision. Such factors may include 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. (xii) The provision at FAR clause 52.212-2, Evaluation – Commercial Items, applies to this acquisition. The following is an addendum to 52.212-2. Responses received to this RFQ will be evaluated on a Trade-Off Basis. The award will be made on a competitive best value basis, using “tradeoff” among price-cost and non-price-cost factors. The Government may elect to award to other than the lowest priced offeror, or other than the offeror with the highest rated non-price-cost proposal. In either case, a tradeoff will be conducted. The government reserves such right of flexibility in conducting the evaluation as necessary to assure an award with the contractor providing the best value to the government. Although technical factors are of paramount consideration in the award, cost or price is also important to the overall award decision. All evaluation factors other than cost or price, when combined, are more important than cost or price. However, cost or price may become a critical factor in source selection in the event two or more offerors are determined to be essentially equal following the evaluation of all factors other than cost or price. Each quotation will be evaluated in strict conformity with the evaluation factors, utilizing written critiques. The evaluation will be based upon the demonstrated capabilities of the prospective contractor in relation to the needs of the project as set forth in the RFQ and will use an adjectival evaluation rating scheme based on the following responses: Excellent (Risk level: Very low); Good (Risk level: Low); Acceptable (Risk Level: Neutral); Marginal (Risk level: High); Unacceptable (Risk level: Very high). The following factors shall be used to evaluate offers, listed in order of descending order of importance: (1) Technical Capability: Offerors shall clearly indicate possessing the capability to achieve the essential salient characteristic features of this requirement and on ability to deliver the requirement. The Offeror must indicate in its quotation the ability to provide all of the requirements. The Offeror must indicate in its quotation the ability to meet the delivery requirements. Offerors submitting a response with documented technical specifications and evidence of possessing the technical knowledge, qualifications and capability and management structure needed in successfully achieving this requirement will be determined to be technically acceptable. (2) Corporate Experience: Demonstrated ability to accomplish contract requirements and extent of relevant experience in the areas covered by the Purchase Description requirements. The Government shall evaluate quotations based on prior contracts or purchase orders that are similar in size, scope, and complexity to the requirements contained in this solicitation. To demonstrate Corporate Experience, the offeror must submit with their proposal a list of two (2) contracts completed during the past three (3) years and / or contracts awarded currently in process that are similar in nature to the work scope. Contracts listed may include those entered into by the Federal Government, agencies of state and local governments and commercial concerns. Newly formed entities without prior contracts may submit manuscripts or articles from technical journals or other forms of industry engagement or product literature as an alternative. For each contract, subcontract, or reference include: (i) Name of Contracting Organization; (ii) Contract Number (for subcontracts, provide the prime contract number and the subcontract number); (iii) Contract Type; (iv) Total Contract Value; (v) Description of Requirement; (vi) Contracting Officer's Name and Telephone Number; (vii) Program Manager's Name and Telephone Number; and (viii) North American Industry Classification System (NAICS) Code. The offeror may provide information on problems encountered on the identified contracts and the corrective actions, if any. Offerors will be evaluated on its performance under existing and prior contracts for similar products or services. The Government is not required to contact references provided by the offeror. Also, references other than those identified by the offeror may be contacted by the Government to obtain additional information that will be used in the evaluation of the offeror's past performance; Price. The Government will evaluate offers for award purposes by making a price reasonableness determination. For a price to be reasonable, it must represent a price to the government that a prudent person would pay when consideration is given to prices in the market. (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. This requirement may be fulfilled by current completion of this provision in www.SAM.gov. (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. The following provisions of FAR clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (NOV 2020) are applicable to this solicitation: 52.219-28, Post-Award Small Business Program Rerepresentation (Nov 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 (Oct 2020) 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 52.209-11, 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) 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 (Aug 2020) • 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, Unenforceability of Unauthorized Obligations (Jun 2013) • FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors [DOC Deviation April 2020] (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: LAUREN ROLLER, 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) 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 three (3) 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. (xxiii) 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.