Concrete placement of a test floor slab for laboratory fire testing

(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 RFQ-AMD-TC-21-00646 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: 2021-04 / 01-19-2021. (iv) The North American Industry Classification System (NAICS) code for this procurement is 238110 Poured Concrete Foundation and Structure Contractors with the small business size standard of 16.5 Million Dollars. 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), Engineering Laboratory (EL). The National Fire Research Laboratory (NFRL) in the EL requires contractor services to perform and provide a cast-in-place concrete placement of a test floor assembly for fire testing at the NFRL. This requirement includes the delivery, pumping, mixing and finishing of the concrete slab that will be used in conducting a series of compartment fire experiments on steel-concrete composite floor assemblies commonly used in high-rise building construction to quantify system-level fire resistance, structural performance and failure modes. (vi) Purpose. The purpose of this acquisition is to procure contractor services to deliver, pump, mix, finish and place a concrete slab in the NFRL at the NIST Campus located at 100 Bureau Drive in Gaithersburg, Maryland, 20899 in accordance with the attached Statement of Work document. Independently and not as an agent of the Government, the Contractor shall furnish all the necessary services, qualified personnel, material, equipment, and facilities, not otherwise provided by the Government as needed to perform the work statement. See the attached Statement of Work for additional detail. (vii) The Government anticipates award of a firm fixed-price purchase order for this acquisition with an effective Period of Performance from July 1, 2021 through September 30, 2021. Note: Prior to delivery and placement, the Contractor shall request approval for delivery from the NIST Technical Point of Contact (TPOC) in accordance with the Statement of Work. Contractor failure to request delivery approval in advance and to provide the required information in advance may result in inspection or payment delays for which the Government shall have no liability. (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 in accordance with the deliverable schedule in the Statement of Work following receipt of delivery. The NIST 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: No warranty is required. (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 deliverables schedule in the Statement of Work: 1. 100% after receipt and acceptance by the TPOC of concrete placement. 2. The Government anticipates inspection will occur upon: a. After the testing procedures set forth in the Statement of Work 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 (Aug 2020) • FAR 52.204-17, Ownership or Control of Offeror (Aug 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 52.225-10 Notice of Buy American Requirement – Construction Materials • 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 that each of the Government’s minimum specifications detailed in the Statement of Work have been met. Price quotations shall be submitted on a firm fixed price basis in accordance with the contract line item numbering structure identified in this solicitation. Quotations shall be valid for 90 days after solicitation close. To assist the Government in evaluating firm fixed price quotations, the offeror shall provide a breakdown of the proposed firm fixed price for each of the required CLINs, which details prices for all products required by the SOW in terms of cost of material and labor, to demonstrate how the total firm-fixed price was derived. Offerors shall also include a proposed fixed-price payment schedule based on requirement milestones/deliverables. Payment schedules shall be separated by each CLIN required by this solicitation. For the payment schedule to be acceptable for consideration, at a minimum, every payment must be tied to a deliverable or a benefit that the Government obtains as a result of contractor performance. CONTRACT LINE ITEM STRUCTURE: Responsible Offerors shall provide firm fixed pricing for each of the CLINs detailed below: CLIN 0001: Concrete Mix in accordance with the attached Statement of Work. CLIN 0002: Labor (delivery, pumping, mixing and finishing) (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. The evaluation factors are listed in decreasing order of importance: 1) Technical Capability, 2) Price, and 3) Corporate Experience. Although technical capability is of paramount consideration in the award, cost or price is also important to the overall award decision. 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 for all evaluation factors except price (which will be evaluated but unrated) 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 Government will evaluate each factor as follows: 1) Technical Capability The Government will evaluate the degree of compliance of quoted services/products with the requirements of the solicitation and the degree to which each of the solicitation specifications, including schedule requirements, are met. 2) Price The Government will evaluate quotations 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. 3) Corporate Experience The Government will evaluate contractor corporate experience for demonstrated ability to accomplish requirements similar to this need. The Government will evaluate Contractor corporate experience for the degree to which prior contracts or purchase orders for products are similar in size, scope, and complexity to the requirements contained in this solicitation. To demonstrate Corporate Experience, offerors shall submit with their quotation a list of two (2) contracts or subcontracts completed or substantially completed during the past five (5) years that are similar in nature to this requirement. For each example of corporate experience provided the Contractor shall include: 1. Name of Contracting Organization/Customer 2. Contract Number (for subcontracts, provide the prime contract number and the subcontract number); 3. Total Contract Value; 4. Description of Requirement 5. Period of Performance or Delivery Timeframe The Government anticipates making an award without discussions and it is requested that the Contractor submit its best quotation. A quotation will only be considered technically acceptable if it clearly demonstrates compliance with this solicitation. (xiii) The Offerors are 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) 52.225-13, Restrictions on certain foreign purchases (Jun 2008) 52.232-33 Payment by Electronic Funds Transfer-- System for Award Management (Oct 2018) 52.222-41 Service Contract Labor Standards 52.222-42 Statement of Equivalent Rates for Federal Hires 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 (Oct 2020) • FAR 52.204-26, Covered Telecommunications Equipment or Services-Representation (Oct 2020) • FAR 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016) • The following clauses apply to this acquisition and are incorporated by reference: • FAR 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements • 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 52.222-6, Construction Wage Rate Requirements • FAR 52.222-7, With-holding of Funds • FAR 52.222-8, Payrolls and Basic Records • FAR 52.222-9, Apprentices and Trainees • FAR 52.222-10, Compliance with Copeland Act Requirements • FAR 52.222-11, Subcontracts (Labor Standards) • FAR 52.222-12, Contract Termination-Debarment • FAR 52.222-13, Compliance with Construction Wage Rate Requirements and Related Regulations • FAR 52.222-14, Disputes Concerning Labor Standards • FAR 52.222-15, Certification of Eligibility • FAR 52.225-9 Buy American – Construction Materials • FAR 52.232-5, Payments under Fixed Price Construction Contracts • FAR 52.232-27, Prompt Payment for Construction Contracts • 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 [email protected]. 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 [email protected]. 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 [email protected]. Facsimile responses will not be accepted. For information regarding this solicitation, contact Hunter Tjugum by email at [email protected]. (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 [email protected]. Facsimile responses will not be accepted. For information regarding this solicitation, contact Hunter Tjugum, Contract Specialist, by email at [email protected] or by phone at 301-975-2015.