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NMR Spectrometer NASA has a requirement for a NMR Spectrometer meeting the specifications in the attached document. NASA intends to procure this commercial item as a firm fixed price, full and open co... NMR Spectrometer NASA has a requirement for a NMR Spectrometer meeting the specifications in the attached document. NASA intends to procure this commercial item as a firm fixed price, full and open competitive procurement utilizing FAR Part 13 Simplified Acquisition Procedures. PSC: 6630 - CHEMICAL ANALYSIS INSTRUMENTS NAICS: 334516 - ANALYTICAL LABORATORY INSTRUMENT MANUFACTURING INSTRUCTIONS INSTRUCTION FOR VENDOR: ANY INFORMATION REQUESTED IN THIS SECTION MUST BE SUBMITTED TO THE CONTRACT SPECIALIST (a) Amendments to this RFQ. It is the vendor's responsibility to monitor the solicitation for the release of any amendments to this RFQ. (b) Costs of quote preparation. This RFQ is not an order. This RFQ does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. (c) Additional GSA contract information. If quoting on item(s) on a GSA contract, the quoter shall include all other pertinent GSA contract information, if available, and show all applicable discounts for each line item. (d) Warranty information. Please indicate the warranty on the item(s) you are offering. (e) If the end product(s) offered is other than a domestic end product(s) as defined in the clause entitled "Buy American Act -- Supplies," the offeror shall so state and shall list the country of origin. (f) The quote selected for award must submit a completed copy of the provision at 52.212-3 (AUG 2013), Offeror Representations and Certifications - Commercial Items, when requested by the contracting officer if not registered in https://www.sam.gov. The provision may be obtained via the internet at URL: https://www.acquisition.gov These representations and certifications will be incorporated by reference in any resultant contract. Questions are due by August 17, 2020 at 1pm EST via email to Lynnis.roberts@nasa.gov. Submit questions with the solicitation number 80LARC20Q728879 in the subject line. EVALUATION *Interested vendors MUST include the solicitation number in the subject line of their emailed quote in order to be considered for award.* Basis for Selection: NASA LaRC will award a purchase order on a “Best Value” basis. Award will be made to the offeror’s quote which represents the best value to the Government considering all evaluations factors of technical merit, past performance and price. Price will be considered approximately equal to all factors when combined. Proposal Format – The quote shall be submitted in 3 parts, Technical, Past Performance and Price. The technical portion shall not exceed 25 pages, in no less than 11 pt. font, and excluding title page, table of contents, and any figures, sketches, or diagrams. Past Performance and Price have no page limit; however, portions shall be limited to addressing the information requested. Evaluation Criteria: Factor 1 - Technical Merit – Technical merit will consist of the following subfactors: Meeting the Specifications: The offeror shall meet the requirements listed in the specifications posted for the NMR Spectometer. Schedule: The offeror shall address its schedule, delivery, installation and training dates to meet the requirements. Factor 2 - Past Performance – The offeror shall identify three contracts that have been performed within the last three years and provide the following information: contract number, total dollar value, and customer point of contact. The offeror shall also provide a short narrative of the general scope of work for the three identified contracts. Factor 3 - Price Quotations – The price quote(s) shall include the following priced line items: Firm Fixed Price for the basic unit including installation. Prices for the each item / accessory of the spectrometer shall be quoted separately, if applicable. Comprehensive warranty /Annual Maintenance Contract for subsequent years shall be quoted separately (see SOW Section E). Used 300 Mhz AVANCE NMR Spectrometer Trade-In – NASA has a Bruker Biospin 300 Mhz AVANCE NMR Spectrometer in good working condition available for trade in that has logged over 20 years of service. If Contractor offers credit for this used instrument, the trade-in value offered shall be listed on the proposal to reflect the price adjustment. NASA will pack the instrument for shipment and logistics shall be coordinated and paid for by the Contractor. Firm fixed price FOB Destination to Hampton, VA. Total price. Delivery Time. Cage Code, DUNS number, Tax Identification Number, Date Quote Expires. ADDITIONAL SOLICITATION INFORMATION All items procured as a result of this solicitation will be assessed prior to contract award for compliance with the 'Consolidated and Further Continuing Appropriations Act, 2013'. This may require the selected vendor to provide equipment lists and copies of software for threat testing prior to contract award. SEC. 516. (a) None of the funds appropriated or otherwise made available under this Act may be used by the Departments of Commerce and Justice, the National Aeronautics and Space Administration, or the National Science Foundation to acquire an information technology system unless the head of the entity involved, in consultation with the Federal Bureau of Investigation or other appropriate Federal entity, has made an assessment of any associated risk of cyber-espionage or sabotage associated with the acquisition of such system, including any risk associated with such system being produced, manufactured or assembled by one or more entities that are owned, directed or subsidized by the People's Republic of China.(b) None of the funds appropriated or otherwise made available under this Act may be used to acquire an information technology system described in an assessment required by subsection (a) and produced, manufactured or assembled by one or more entities that are owned, directed or subsidized by the People's Republic of China unless the head of the assessing entity described in subsection (a) determines, and reports that determination to the Committees on Appropriations of the House of Representatives and the Senate, that the acquisition of such system is in the national interest of the United States. SEC. 535. (a) None of the funds made available by this Act may be used for the National Aeronautics and Space Administration (NASA) or the Office of Science and Technology Policy (OSTP) to develop, design, plan, promulgate, implement, or execute a bilateral policy, program, order, or contract of any kind to participate, collaborate, or coordinate bilaterally in any way with China or any Chinese-owned company unless such activities are specifically authorized by a law enacted after the date of enactment of this Act. (b) The limitation in subsection (a) shall also apply to any funds used to effectuate the hosting of official Chinese visitors at facilities belonging to or utilized by NASA. (c) The limitations described in subsections (a) and (b) shall not apply to activities which NASA or OSTP has certified -- (1) pose no risk of resulting in the transfer of technology, data, or other information with national security or economic security implications to China or a Chinese-owned company; and (2) will not involve knowing interactions with officials who have been determined by the United States to have direct involvement with violations of human rights. (d) Any certification made under subsection (c) shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate no later than 30 days prior to the activity in question and shall include a description of the purpose of the activity, its agenda, its major participants, and its location and timing. ADDITIONAL SOLICITATION INFORMATION FAR CLAUSE 52.204-7, SYSTEM FOR AWARD MANAGEMENT (JUL 2013) is incorporated by reference. FAR 52.212-4, CONTRACT TERMS AND CONDITIONS COMMERCIAL ITEMS (MAY 2015) is applicable. Addenda to FAR 52.212-4 are as follows: 1852.215-84 OMBUDSMAN. (NOV 2011) (a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and contractors during the preaward and postaward phases of this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman is not to diminish the authority of the contracting officer, the Source Evaluation Board, or the selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of formal contract disputes. Therefore, before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. (b) If resolution cannot be made by the contracting officer, interested parties may contact the installation ombudsman, whose name, address, telephone number, facsimile number, and email address may be found at: http://prod.nais.nasa.gov/pub/pub_library/Omb.html. Concerns, issues, disagreements, and recommendations which cannot be resolved at the installation may be referred to the Agency ombudsman identified at the above URL. Please do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer or as specified elsewhere in this document. (End of clause) 2.3 1852.223-72 SAFETY AND HEALTH (SHORT FORM). (JUL 2015) (a) Safety is the freedom from those conditions that can cause death, injury, occupational illness; damage to or loss of equipment or property, or damage to the environment. NASA is committed to protecting the safety and health of the public, our team members, and those assets that the Nation entrusts to the Agency. (b) The Contractor shall have a documented, comprehensive and effective health and safety program with a proactive process to identify, assess, and control hazards and take all reasonable safety and occupational health measures consistent with standard industry practice in performing this contract. (c) The Contractor shall insert the substance of this clause, including this paragraph (c) in subcontracts that exceed the simplified acquisition threshold where work will be conducted completely or partly on Federally-controlled facilities. (End of clause) 2.4 1852.225-70 EXPORT LICENSES. (FEB 2000) (a) The Contractor shall comply with all U.S. export control laws and regulations, including the International Traffic in Arms Regulations (ITAR), 22 CFR Parts 120 through 130, and the Export Administration Regulations (EAR), 15 CFR Parts 730 through 799, in the performance of this contract. In the absence of available license exemptions/exceptions, the Contractor shall be responsible for obtaining the appropriate licenses or other approvals, if required, for exports of hardware, technical data, and software, or for the provision of technical assistance. (b) The Contractor shall be responsible for obtaining export licenses, if required, before utilizing foreign persons in the performance of this contract, including instances where the work is to be performed on-site at NASA Langley Research Center, where the foreign person will have access to export-controlled technical data or software. (c) The Contractor shall be responsible for all regulatory record keeping requirements associated with the use of licenses and license exemptions/exceptions. (d) The Contractor shall be responsible for ensuring that the provisions of this clause apply to its subcontractors. (End of clause) 2.5 1852.237-73 RELEASE OF SENSITIVE INFORMATION. (JUN 2005) (a) As used in this clause, "sensitive information" refers to information, not currently in the public domain, that the Contractor has developed at private expense, that may embody trade secrets or commercial or financial information, and that may be sensitive or privileged. (b) In accomplishing management activities and administrative functions, NASA relies heavily on the support of various service providers. To support NASA activities and functions, these service providers, as well as their subcontractors and their individual employees, may need access to sensitive information submitted by the Contractor under this contract. By submitting this proposal or performing this contract, the Contractor agrees that NASA may release to its service providers, their subcontractors, and their individual employees, sensitive information submitted during the course of this procurement, subject to the enumerated protections mandated by the clause at 1852.237-72, Access to Sensitive Information. (c)(1) The Contractor shall identify any sensitive information submitted in support of this proposal or in performing this contract. For purposes of identifying sensitive information, the Contractor may, in addition to any other notice or legend otherwise required, use a notice similar to the following: Mark the title page with the following legend: This proposal or document includes sensitive information that NASA shall not disclose outside the Agency and its service providers that support management activities and administrative functions. To gain access to this sensitive information, a service provider's contract must contain the clause at NFS 1852.237-72, Access to Sensitive Information. Consistent with this clause, the service provider shall not duplicate, use, or disclose the information in whole or in part for any purpose other than to perform the services specified in its contract. This restriction does not limit the Government's right to use this information if it is obtained from another source without restriction. The information subject to this restriction is contained in pages (insert page numbers or other identification of pages). Mark each page of sensitive information the Contractor wishes to restrict with the following legend: Use or disclosure of sensitive information contained on this page is subject to the restriction on the title page of this proposal or document. (2) The Contracting Officer shall evaluate the facts supporting any claim that particular information is "sensitive." This evaluation shall consider the time and resources necessary to protect the information in accordance with the detailed safeguards mandated by the clause at 1852.237-72, Access to Sensitive Information. However, unless the Contracting Officer decides, with the advice of Center counsel, that reasonable grounds exist to challenge the Contractor's claim that particular information is sensitive, NASA and its service providers and their employees shall comply with all of the safeguards contained in paragraph (d) of this clause. (d) To receive access to sensitive information needed to assist NASA in accomplishing management activities and administrative functions, the service provider must be operating under a contract that contains the clause at 1852.237-72, Access to Sensitive Information. This clause obligates the service provider to do the following: (1) Comply with all specified procedures and obligations, including the Organizational Conflicts of Interest Avoidance Plan, which the contract has incorporated as a compliance document. (2) Utilize any sensitive information coming into its possession only for the purpose of performing the services specified in its contract. (3) Safeguard sensitive information coming into its possession from unauthorized use and disclosure. (4) Allow access to sensitive information only to those employees that need it to perform services under its contract. (5) Preclude access and disclosure of sensitive information to persons and entities outside of the service provider's organization. (6) Train employees who may require access to sensitive information about their obligations to utilize it only to perform the services specified in its contract and to safeguard it from unauthorized use and disclosure. (7) Obtain a written affirmation from each employee that he/she has received and will comply with training on the authorized uses and mandatory protections of sensitive information needed in performing this contract. (8) Administer a monitoring process to ensure that employees comply with all reasonable security procedures, report any breaches to the Contracting Officer, and implement any necessary corrective actions. (e) When the service provider will have primary responsibility for operating an information technology system for NASA that contains sensitive information, the service provider's contract shall include the clause at 1852.204-76, Security Requirements for Unclassified Information Technology Resources. The Security Requirements clause requires the service provider to implement an Information Technology Security Plan to protect information processed, stored, or transmitted from unauthorized access, alteration, disclosure, or use. Service provider personnel requiring privileged access or limited privileged access to these information technology systems are subject to screening using the standard National Agency Check (NAC) forms appropriate to the level of risk for adverse impact to NASA missions. The Contracting Officer may allow the service provider to conduct its own screening, provided the service provider employs substantially equivalent screening procedures. (f) This clause does not affect NASA's responsibilities under the Freedom of Information Act. (g) The Contractor shall insert this clause, including this paragraph (g), suitably modified to reflect the relationship of the parties, in all subcontracts that may require the furnishing of sensitive information. (End of clause) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS. (JAN 2016) is applicable and the following identified clauses are incorporated by reference: 52.204-10, 52.222-3, 52.222-19, 52.222-21, 52.222-26, 52.222-36, 52.223-18, 52.225-1, 52.225-13, 52.232-33, 52.247-34 (End of clause)