Circular Dichroism Spectrometer with Accessories and Service/Maintenance Agreements

Brief Description- AMENDMENT 0001 NIST 1333ND21QNB640522 REQUIREMENTS: Circular Dichroism Spectrometer with Accessories and Service/Maintenance Agreements The following Amendment 0001 is issued to correct an error in the Point of Contact’s email address in our Combined Synopsis/Solicitation page 18 of 18 highlighted in the attachments for this Amendment and corrected below near the end of the Description posted : ***Organizations shall e-mail their quotation to [email protected] so that it is received by the response date/time for this solicitation. It is the responsibility of the organization to confirm NIST’s receipt of its quotation. Each quotation shall include sufficient data to allow the Government to determine the amount, realism and consistency of the quoted fixed price. An e-mail quotation will be considered received when it is received in the electronic in-box of [email protected] not later than the date and time identified herein. The submission deadline regarding questions is unchanged. Any questions regarding this solicitation shall be submitted in writing via e-mail to [email protected] no later than 4:00PM EST August 31, 2021 . The Government will only respond to written questions. Questions submitted after this date and time may not be addressed by the Government prior to the quotation submission deadline. The submission deadline for quotes is unchanged. ***The due date and time for receipt of quotations is September 7, 2021 no later than 4:00PM EST . Only information received on or before the due date and time for receipt of quotations will be considered for award. Any quotation, or part thereof received after the due date and time for receipt of quotations, will be deemed late and not considered for award. This ends Amendment 0001 for NIST 1333ND21QNB640522 ************************************************ SAM.GOV CONTRACT OPPORTUNITIES ANNOUNCEMENT: COMBINED SYNOPSIS/SOLICITATION ACTION CODE: CLASSIFICATION CODE: 66(30) – INSTRUMENTS AND LABORATORY EQUIPMENT / CHEMICAL ANALYSIS INSTRUMENTS SUBJECT: Circular Dichroism Spectrometer with Accessories and Service/Maintenance Agreements SOLICITATION NO.: 1333ND21QNB640522 RESPONSE DATE: September 7, 2021 CONTACT POINT: Harry Brubaker, Contract Specialist; 301-975-8330 (T) Randy Schroyer, Contracting Officer; 301-975-6314 (T) THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS PREPARED IN ACCORDANCE WITH THE FORMAT IN FEDERAL ACQUISITION REGULATION (FAR) SUBPART 12.6-STREAMLINED PROCEDURES FOR EVALUATION AND SOLICITATION FOR COMMERCIAL ITEMS-AS SUPPLEMENTED WITH ADDITIONAL INFORMATION INCLUDED IN THIS NOTICE. FAR PART 13 SIMPLIFIED ACQUISITION PROCEDURES ARE UTILIZED IN THIS PROCUREMENT. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTATIONS ARE BEING REQUESTED, AND A WRITTEN SOLICITATION DOCUMENT WILL NOT BE ISSUED. This solicitation is a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2021-07 published 11 Aug 2021. The associated North American Industrial Classification System (NAICS) code for this procurement is 334516 with a small business size standard of 1,000 employees. This acquisition is unrestricted, and all interested Offerors may submit a firm fixed-price quotation in accordance with the specifications included herein and inclusive of F.O.B Destination shipping. The National Institute of Standards and Technology (NIST) intends to issue a Firm Fixed Priced (FFP) purchase order to acquire one (1) Circular Dichroism Spectrometer with Accessories and Service/Maintenance Agreements IAW the Requirements Document incorporated in this Solicitation. All equipment must be new. Used or remanufactured equipment will not be considered for award. Responsible quoters shall provide a quotation which includes all of the following line items: CLIN 0001: Quantity 1 EACH - Circular Dichroism Spectrometer OPTION CLIN 0002: Quantity 1 Full Service and Maintenance Plan for Year 2 including software updates; to be invoiced quarterly, in arrears. OPTION CLIN 0003: Quantity 1 Full Service and Maintenance Plan for Year 3 including software updates; to be invoiced quarterly, in arrears. OPTION CLIN 0004: Quantity 1 Full Service and Maintenance Plan for Year 4 including software updates; to be invoiced quarterly, in arrears. OPTION CLIN 0005: Quantity: 1 EACH - Single Position Temperature control OPTION CLIN 0006: Quantity: 1 EACH - Permanent Magnet with1.6 Tesla field strength and Holder OPTION CLIN 0007: Quantity: 1 EACH - Extended Wavelength Detector with Light Source Requirements Document Circular Dichroism Spectrometer BACKGROUND The Polymers and Complex Fluids Group (PCFG) in the Materials Measurement Laboratory (MML) at NIST in Gaithersburg MD develops measurement methods, models, and science for inorganic and organic chiral materials. There is a need for dedicated instrumentation to measure chiral optical properties of these materials. The PCF seeks to add a circular dichroism spectrometer to its analytical measurement capabilities in order to conduct these measurements. The circular dichroism spectrometer will be used to measure a variety of materials with broad spectral range. SPECIFICATIONS CLIN 0001 Circular Dichroism Spectrometer The Contractor shall provide one (1) circular dichroism spectrometer with operation and analysis software. The circular dichroism spectrometer shall meet the following minimum specifications: Wavelength range: 163 nm to 950 nm Wavelength range to be extendable to 1600 nm Measurement mode: circular dichroism (CD)/linear dichroism (LD)/Absorption Scan modes: Continuous scan, step scan, auto scan Scanning speed: up to 10,000 nm/min, minimum 1,000 nm/min CD measurement range: ±8000 mdeg CD dynamic range: No CD distortion even with an OD=3 sample in the optical path Baseline stability: 0.02 mdeg/hr Noise level: 0.005 mdeg or lower (taken with 8 s integration time and 1 nm spectral bandwidth) Be compatible with OPTION CLIN 0005’s specifications Be compatible with OPTION CLIN 0006’s specifications Be compatible with OPTION CLIN 0007’s specifications Software Requirements: Instrument operation and analysis software shall be compatible with Windows 10. All Software updates shall be included at no additional cost during warranty(s). Warranty: The Contractor shall include a warranty, at no additional cost, that at a minimum includes:: All parts, materials and labor for the instrument Control and analysis software update service to be compatible as security fixes are released for Windows 10 Software and firmware updates that address, but are not necessarily limited to addressing, bug fixes and new or improved features Telephone technical support for the instrument Telephone technical support shall be available with a response time of one business day or less between the hours of 8:00 am and 5:00 pm Eastern Time, Monday through Friday Telephone technical support shall include responses to questions about operating practices, application use, and service issues that can be diagnosed and resolved over the telephone The warranty shall start after the Contractor has successfully demonstrated that all of the manufacturer’s specifications were met and shall cover a period of at least one (1) year from date of acceptance. In the event that an equipment malfunction renders the instrument unusable for a period of 30 days or more, the Government reserves the right to require the Contractor to provide loaner equipment. Training: The Contractor shall provide on-site instrument training at NIST for up to 4 NIST personnel covering normal operation, troubleshooting, and routine maintenance. Training shall be provided during normal business hours, between 8:30 am and 5:00 pm Eastern Time, Monday through Friday, except Federal Holidays, and shall be coordinated with the NIST Technical Point of Contact (TPoC) to ensure maximum availability of NIST personnel. Training shall occur within 30 days of installation. OPTION CLIN 0002 Full Service and Maintenance Plan for Year 2 including software updates; to be invoiced quarterly, in arrears. OPTION CLIN 0003 Full Service and Maintenance Plan for Year 3 including software updates; to be invoiced quarterly, in arrears. OPTION CLIN 0004 Full Service and Maintenance Plan for Year 4 including software updates; to be invoiced quarterly, in arrears. OPTION CLIN 0005 The Contractor shall provide one (1) single position Temperature control that shall meet the following minimum specifications: Temperature range: -30 to +130˚C Temperature accuracy: +/- 0.5˚C Suitable for 10, 5, 2 and 1mm cells OPTION CLIN 0006 The Contractor shall provide one (1) Permanent Magnet with1.6 Tesla field strength and holder. OPTION CLIN 0007 The Contractor shall provide one (1) Extended wavelength detector with light source that shall meet the following minimum specification: Measurement of CD/LD and absorbance with a spectral range of 800 - 1600nm. DELIVERY Delivery shall be FOB DESTINATION and shall occur within 60 days from date of award. However, due to current access restrictions, delivery shall be scheduled by Contractor with the designated TPoC and Contracting Officer (CO). Prior to shipment, the Contractor must ensure NISTs campus is open and accepting deliveries. If the restrictions of access to the campus impacts the delivery schedule, a modification may be executed by the CO to establish an extended delivery timeframe. Delivery by Contractor shall be to: National Institute of Standards and Technology (NIST) 100 Bureau Drive Building 301 Shipping and Receiving Gaithersburg, MD 20899 Normal hrs. of operation are Monday through Friday, 8:30 am to 5:00 pm with the exception of Federal holidays. Deliverable Quantity Due Date CLIN 0001 Circular Dichroism Spectrometer One (1) Within 60 days after award CLIN 0001 Training for up to four (4) NIST Staff Once Within 30 days after installation CLIN 0001 Installation Once Within 30 days after delivery INSTALLATION, TESTING & ACCEPTANCE CRITERIA The NIST TPoC will inspect and test the instrument to determine compliance with the technical specifications in accordance with FAR 52.212-4(a). However, due to current access restrictions, installation, inspection, testing and acceptance will not take place until the designated TPoC is available to be on campus. The Contractor shall install the instrument and all associated components in Building 224, Room B233, at NIST Gaithersburg, MD. Installation shall include, at a minimum, uncrating/unpackaging of all equipment, set-up and hook-up of all equipment, start-up, and demonstration of all required specifications. Qualified personnel shall install the instrument and perform all activities necessary to ensure that the instrument is fully functional and meets all required specifications. Installation shall take place during normal business hours, between 8:30 am and 5:00 pm Eastern Time, Monday through Friday except Federal Holidays, and shall be coordinated with the NIST TPoC. Installation shall occur within 30 days of delivery. GENERAL INFORMATION Safety: The Contractor shall be responsible for knowing and complying with all installation safety prevention regulations including NIST COVID-19 protocol. Such regulations include, but are not limited to, general safety, fire prevention, and waste disposal. Security: NIST is a restricted campus. An identification badge is required for access for entry into buildings and is to be shown to the armed Security Police when entering the campus. Identification Badges: The Contractor shall comply with NIST identification and access requirements. The Contractor shall wear a visible identification badge provided by the NIST Security Office. The badge must show the full name, title, and if required by NIST, the words “Contractor” in front. The Contractor shall surrender the NIST identification badge to the TPoC upon conclusion of any services rendered. NIST VISITOR AND CONTRACTOR PROTOCOLS FOR MITIGATING COVID-19 EXPOSURE The Contractor shall review and adhere to the directive: NIST Visitor and Contractor Protocols for Mitigating COVID-19 Exposure on NIST Campuses. Any individual coming onto campus must conduct a personal health screening by reviewing the COVID-19 Screening Questionnaire. This self-screening must be performed every day an individual wants to access a NIST campus. Anyone answering “Yes” to any question should immediately contact their sponsor and not attempt to access the campus. Starting on Monday, September 6, any individual coming onto campus must also complete a Certification of Vaccination Form. You may be asked to show this form upon entry to a federal building or federally controlled indoor worksites, and/or to a federal employee who is supervising or managing your work on federal premises. Please maintain this form during your time on federal premises. NIST is not collecting this data by any means (hard copy or electronic). By entering campus on a given day, you are indicating that you have complied with this requirement for that day. The directive and questionnaire are available to view at: https://www.nist.gov/about-nist/visit/nist-visitor-and-contractor-protocols-mitigating-covid-19-exposure-nist-campuses The directive and questionnaire are subject to change and should be monitored by the Contractor via the following NIST website: https://www.nist.gov ADDENDUM TO FAR 52.212-1 QUOTATION PREPARATION INSTRUCTIONS All offerors shall submit the following: Each quotation shall consist of two (2) separate electronic files: (a) Technical Quotation (Vol. I); and, (b) Business/Pricing Quotation (Vol. II). Incomplete quotations may be considered non-compliant and removed from further consideration. Quotations shall be clearly and concisely written as well as being neat, indexed (cross-indexed as appropriate) and logically assembled. All pages of each part shall be appropriately numbered and identified with the name of the offeror, the date, and the solicitation number. A one-page transmittal letter signed by an individual authorized to commit the organization shall be transmitted with the quotation to the Government. Each quotation shall be on 8.5” x 11” paper, in a commercially standard font, not smaller than 12-point font. Each page in the quotation shall be separately numbered. The quotation shall be limited to twelve (12) single-sided pages (excluding the letter of transmittal, cover letter, and product literature). Overall Arrangement of Documents VOLUME I: TECHNICAL NIST will evaluate quotations, based on the information submitted in support of the following factor: Technical Capability The offeror shall submit a technical description and/or product literature which clearly identifies the manufacturer and model nos. for the Circular Dichroism Spectrometer with Accessories and Service/Maintenance Agreements it is proposing, and clearly identifies each system requirement listed in the Requirements Document. The offeror must demonstrate that its proposed componentry meet or exceed each minimum system requirement described herein by providing a citation to the relevant section of its technical description and/or product literature. The Contractor shall not simply state they will meet the requirement; evidence must be provided. If an offeror does not indicate how its proposed componentry meets a certain minimum system requirement, NIST will determine that it does not. If applicable, evidence that the offeror is authorized by the OEM to provide the item(s) in the quotation should be included. VOLUME II: BUSINESS/PRICING The Offeror shall submit one copy of the completed price schedule. If the quotation is submitted electronically, additional copies are not required. The price quotation shall be separate from any other portion of the quotation. The Offeror shall propose a firm fixed price, FOB Destination, for CLINs 0001-0007 that includes a one-year warranty. The Offeror is encouraged to discount its rates. If price discounts are offered, identify the percentage of price discount and/or price reduction offered. The Volume II Business Pricing Quotation shall include: a) the offeror’s Dun and Bradstreet Number (DUNS) To be eligible for evaluation, the offeror must have an active registration in the System for Award Management (www.sam.gov) b) Completed FAR Provisions: 52.204-17, 52.204-20, 52.204-26, 52.209-2, 52.209-11, 52.222-22, 52.222-25, 52.223-22, 52,225-4, and 52.225-18 (included elsewhere in this solicitation) c) Page(s) from Contractor’s established Commercial Pricelist associated with the Circular Dichroism Spectrometer being quoted d) The place of manufacture (origin) of the Circular Dichroism Spectrometer and Accessories quoted The Government anticipates that the resultant purchase order will be awarded based upon adequate price competition. However, in order to determine that prices are fair and reasonable, the Government reserves the right to request the organization provide further cost breakdown to support quoted prices. ADDENDUM TO FAR 52.212-2 EVALUATION AND BASIS FOR AWARD The Government will award a purchase order resulting from this solicitation that will include the terms and conditions that are set forth herein to the responsible offeror whose quotation is deemed technically acceptable and is the lowest price. The Government intends to make a single award and reserves the right to make no award as a result of this solicitation. The Government intends to evaluate quotations and award a purchase order without discussions with offerors. Therefore, the offeror's initial quotation should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any and or all quotations if such action is in the public interest; accept other than the lowest price quotation; and waive informalities and minor irregularities in quotations received. The Government reserves the right to request revised quotations from, or negotiate final contract terms with, one or more, but not all, quoters if later determined by the Contracting Officer to be necessary. The Government will evaluate quotations based on the following criteria: a) technical capability; and 2) price Technical Capability No prototypes, demonstration models, used or refurbished instrumentation will be considered. Evaluation of technical capability will be based on the information provided in the technical quotation. NIST will evaluate whether the offeror has demonstrated that its proposed system meets or exceeds all minimum salient characteristics. Quotations that do not demonstrate the proposed system meets all minimum salient characteristics will not be considered further for award. Price The Government will evaluate the Offeror’s proposed pricing for reasonableness. Price will not be evaluated for quotations that are determined technically unacceptable under the Technical Capability evaluation factor. ***APPLICABLE PROVISIONS AND CLAUSES*** The full text of a FAR provision or clause may be accessed electronically at http://acquisition.gov/far/index.html The following FAR provisions apply to this acquisition: 52.204-7 System for Award Management (OCT 2018); 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020); 52.217-5 Evaluation of Options. (JULY 1990) 52.204-17 Ownership or Control of Quoter (AUG 2020); Ownership or Control of Offeror (Aug 2020) (a) Definitions. As used in this provision– Commercial and Government Entity (CAGE) code means– (1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or (2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code. Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest-level owner. Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. (b) The Offeror represents that it □ has or □ does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture. (c) If the Offeror indicates "has" in paragraph (b) of this provision, enter the following information: Immediate owner CAGE code: ____________________ Immediate owner legal name: ______________________ (Do not use a "doing business as" name) Is the immediate owner owned or controlled by another entity?: □ Yes or □ No. (d) If the Offeror indicates "yes" in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information: Highest-level owner CAGE code: ___________________ Highest-level owner legal name: ___________________ (Do not use a "doing business as" name) (End of provision) 52.204-20 Predecessor of Offeror (AUG 2020) Predecessor of Offeror (Aug 2020) (a) Definitions. As used in this provision– Commercial and Government Entity (CAGE) code means– (1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or (2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code. Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor. Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances. (b) The Offeror represents that it □ is or □ is not a successor to a predecessor that held a Federal contract or grant within the last three years. (c) If the Offeror has indicated "is" in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order): Predecessor CAGE code: (or mark "Unknown"). Predecessor legal name: . (Do not use a "doing business as" name). (End of provision) 52.204-22 Alternative Line Item Proposal (JAN 2017); 52.204-26 Covered Telecommunications Equipment or Services-Representation (OCT 2020); Covered Telecommunications Equipment or Services-Representation (Oct 2020) (a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services". (c) (1) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument. (2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it □ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services. (End of provision) 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations – Representation (NOV 2015); Prohibition on Contracting with Inverted Domestic Corporations-Representation (a) Definitions. “Inverted domestic corporation” and “subsidiary” have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10). (b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4. (c) Representation. The Offeror represents that- (1) It □ is, □ is not an inverted domestic corporation; and (2) It □ is, □ is not a subsidiary of an inverted domestic corporation. (End of provision) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction Under any Federal Law (FEB 2016) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016) (a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that— (1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or (2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (b) The Quoter represents that— (1) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (2) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (End of provision) 52.212-1 Instructions to Quoters – Commercial Items (JUN 2020); 52.212-2 Evaluation—Commercial Items (OCT 2014); 52.212-3 Quoters Representations and Certifications- Commercial Items (FEB 2021); In accordance with FAR 52.212-3 Quoter Representations and Certifications – Commercial Items, quoters must complete annual representations and certifications on-line at sam.gov/SAM/ and be actively registered to be eligible for award. If paragraph (j) of the provision applies, a written submission is required. 52.217-8 Option to Extend Services. Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within any date prior to expiration. (End of clause) 52.217-9 Option to Extend the Term of the Contract. Option to Extend the Term of the Contract (Mar 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 1 day; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 2 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 yrs. (End of clause) 52.222-22 Previous Contracts and Compliance Reports (FEB 1999); The quoter represents that— It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; It □ has, □ has not filed all required compliance reports; and Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards. (End of provision) 52.222-25 Affirmative Action Compliance (APR 1984); The offeror represents that- (a)It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2); or (b)It □ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (End of provision) 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals – Representation (DEC 2016); (a) This representation shall be completed if the Offeror received $7.5 million or more in Federal contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal fiscal year. (b) Representation. [Offeror is to check applicable blocks in paragraphs (1) and (2).] (1) The Offeror (itself or through its immediate owner or highest-level owner) □ does, □ does not publicly disclose greenhouse gas emissions, i.e., make available on a publicly accessible website the results of a greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard. (2) The Offeror (itself or through its immediate owner or highest-level owner) □ does, □ does not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly available website a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage. (3) A publicly accessible website includes the Offeror’s own website or a recognized, third-party greenhouse gas emissions reporting program. (c) If the Offeror checked "does" in paragraphs (b)(1) or (b)(2) of this provision, respectively, the Offeror shall provide the publicly accessible website(s) where greenhouse gas emissions and/or reduction goals are reported:________________. (End of provision) 52.225-4 Buy American-Free Trade Agreements-Israeli Trade Act Certificate (FEB 2021) (a) The offeror certifies that each end product, except those listed in paragraph (b) or (c) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and” “United States” are defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements–Israeli Trade Act.” (b) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements-Israeli Trade Act”: Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item Nos.: ________________ Country of Origin: ________________ [List as necessary] (c) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (b) of this provision) as defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements-Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” Other Foreign End Products: Line Item Nos.: __________________ Country of Origin: __________________ [List as necessary] (d) The Government will evaluate offers in accordance with the policies and procedures of part 25 of the Federal Acquisition Regulation. (End of provision) FAR 52.225-18, Place of Manufacture (AUG 2018) (a) Definitions. As used in this provision— “Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except— (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 9630, Additive Metal Materials. “Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. [ ] (1) In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or [ ] (2) Outside the United States. 52.225-25 Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran – Representation and Certifications (JUN 2020); 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 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 quoter is cautioned that the listed provisions may include blocks that must be completed by the quoter and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the quoter may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://acquisition.gov/far/index.html The following FAR clauses apply to this acquisition: 52.204-13 System for Award Management Maintenance (OCT 2018); 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020); 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014); 52.212-4 Contract Terms and Conditions – Commercial Items (OCT 2018); 52.217-7 Option for Increased Quantity-Separately Priced Line Item. Option for Increased Quantity-Separately Priced Line Item (Mar 1989) The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within any time prior to warranty expiration. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree. (End of clause) 52.232-8 Discounts for Prompt Payment (FEB 2002); 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013); 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS [(DEVIATION APR 2020)] (a)[(1) In accordance with 31 U.S.C. 3903 and 10 U.S.C. 2307, upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract [in accordance with the accelerated payment date established], to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, [with a goal of 15 days] after receipt of a proper invoice and all other required documentation from the small business subcontractor [if a specific payment date is not established by contract. (2) The Contractor agrees to make such payments to its small business subcontractors without any further consideration from or fees charged to the subcontractor]. The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items. (End of clause) 52.237-2 Protection of Government Buildings, Equipment and Vegetation (APR 1984); 52.247-34 F.o.b. Destination (NOV 1991); 52.252-2 Clauses Incorporated by Reference; Clauses Incorporated By Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://acquisition.gov/far/index.html 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders (JAN 2021) — Commercial Items including subparagraphs: 52.219-28 Post Award Small Business Program Rerepresentation (NOV 2020); 52.222-3 Convict Labor (JUN 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 Affirmative Action for Workers with Disabilities (JUN 2020); 52.222-50 Combatting Trafficking in Persons (OCT 2020); 52.225-3 Buy American Act – Supplies (MAY 2014); 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020); 52.225-13 Restriction on Certain Foreign Purchases (FEB 2021); and 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (OCT 2018) The following Department of Commerce (CAR) provisions and clauses apply to this acquisition. The CAR can be accessed online at http://www.ecfr.gov/cgi-bin/text-idx?SID=6b3121d28d772a0296241b81d731dbf1&mc=true&node=pt48.5.1352&rgn=div5 PROVISIONS: 1352.215-72 Inquiries (Apr 2010) Quoters must submit all questions concerning this solicitation in writing to [email protected] within six (6) calendar days of the posting. All responses to the 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. 1352.233-70 Agency Protests (Apr 2010) An agency protest may be filed with either: (1) the contracting officer, or (2) at a level above the contracting officer, with the appropriate 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 Div. Attn: Randy Schroyer, Contracting Officer 100 Bureau Dr., M/S 1640 Gaithersburg, MD 20899 Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: NIST/Acquisition Management Div. Attn: Head of the Contracting Office (HCO) 100 Bureau Dr., M/S 1640 Gaithersburg, MD 20899 A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority. 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, NW Washington, DC 20230 FAX: 202/482-5858 CLAUSES: 1352.201-70 Contracting Officer’s Authority (Apr 2010) The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price. 1352.209-73 Compliance with the Laws (Apr 2010) The contractor shall comply with all applicable laws, rules and regulations which deal with or relate to performance in accord with the terms of the contract. 1352.209-74 Organizational Conflict of Interest (Apr 2010) (a) Purpose. The purpose of this clause is to ensure that the contractor and its subcontractors: (1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work under this contract, and (2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract. (b) Scope. The restrictions described herein shall apply to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest (hereinafter collectively referred to as “contractor”) in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venture, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both. (c) Warrant and Disclosure. The warrant and disclosure requirements of this paragraph apply with full force to both the contractor and all subcontractors. The contractor warrants that, to the best of the contractor's knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the contractor has disclosed all relevant information regarding any actual or potential conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor's impartiality because of the appearance or existence of bias or an unfair competitive advantage. Such disclosure shall include a description of the actions the contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest. (d) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the contract for default, suspend or debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract. (e) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and (g), in any subcontract or consultant agreement at any tier expected to exceed the simplified acquisition threshold. The terms “contract,” “contractor,” and “Contracting Officer” shall be appropriately modified to preserve the Government's rights. (f) Prime Contractor Responsibilities. The contractor shall obtain from its subcontractors or consultants the disclosure required in FAR Part 9.507-1 and shall determine in writing whether the interests disclosed present an actual, or significant potential for, an organizational conflict of interest. The contractor shall identify and avoid, neutralize, or mitigate any subcontractor organizational conflict prior to award of the contract to the satisfaction of the Contracting Officer. If the subcontractor's organizational conflict cannot be avoided, neutralized, or mitigated, the contractor must obtain the written approval of the Contracting Officer prior to entering into the subcontract. If the contractor becomes aware of a subcontractor's potential or actual organizational conflict of interest after contract award, the contractor agrees that the Contractor may be required to eliminate the subcontractor from its team, at the contractor's own risk. (g) Waiver. The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the contractor may at any time seek a waiver from the Head of the Contracting Activity by submitting such waiver request to the Contracting Officer, including a full written description of the requested waiver and the reasons in support thereof. 1352.233-71 GAO and Court of Federal Claims Protests (Apr 2010) 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. 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. 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 1352.246-70 Place of Acceptance PLACE OF ACCEPTANCE (APR 2010) (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: NIST, 100 Bureau Dr., Gaithersburg, MD 20899 NIST LOCAL-53 CONTRACT PERFORMANCE DURING CHANGES IN NIST OPERATING STATUS Unless otherwise stated in the contract terms and conditions, normal days of business operation are Monday through Friday, excluding Federal Holidays. However, throughout the contract period of performance, there may be circumstances beyond the control of the U.S. Department of Commerce, National Institute of Standards and Technology (NIST), that will impact normal days of business operation, such as inclement weather, power outages, etc. In circumstances such as these, the Contractor must call the appropriate NIST campus status line to verify the operating status: Gaithersburg Campus Operating Status Line: (301) 975-8000 (800) 437-4385 x8000 (toll free) Boulder Campus Operating Status Line: (303) 497-4000 During a lapse in appropriation, access to Government facilities and resources, including equipment and systems, will be limited to excepted personnel for both Federal employees and Contractor personnel. If performance of the contract is onsite and/or requires Government interaction, unless you have been, or are notified that you are to work under an excepted status, you will automatically enter a temporary work stoppage. The work stoppage shall remain in effect until the lapse is resolved and notification is provided via the NIST website at https://www.nist.gov/ and/or the NIST operating status lines. Additionally, Contractors are encouraged to monitor public broadcasts or the Office of Personnel Management’s website at www.opm.gov for the Federal Government operating status. NIST will provide notification to all contractors that are determined to have excepted status. All excepted contractors are required to continue performance and communicate with the appointed Contracting Officer’s Representative (COR) for further guidance, or NIST Contracting Officer if a COR is not appointed. Contractors with supply or service contracts that are fully funded at the time of contract award and do not require access to Government facilities, resources, or active administration by Government personnel in a manner that would cause the government to incur additional obligations during the lapse in appropriation may continue performance. NIST LOCAL-54 ELECTRONIC BILLING INSTRUCTIONS NIST requires that Invoice/Voucher submissions are sent electronically via email to [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) Line Item Number (LIN); (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. And other appropriate clauses as needed Department of Commerce Agency-Level Protest Procedures Level above the Contracting Officer is also incorporated. It can be downloaded at www.nist.gov/admin/od/contract/agency.htm ***Organizations shall e-mail their quotation to [email protected] so that it is received by the response date/time for this solicitation. It is the responsibility of the organization to confirm NIST’s receipt of its quotation. Each quotation shall include sufficient data to allow the Government to determine the amount, realism and consistency of the quoted fixed price. An e-mail quotation will be considered received when it is received in the electronic in-box of [email protected] not later than the date and time identified herein. This solicitation does not commit the Government to pay any costs for the preparation and submission of a quotation. The Contracting Officer is the only individual who can legally commit and obligate the Government to the expenditure of public funds in connection with this proposed acquisition. Any questions regarding this solicitation shall be submitted in writing via e-mail to [email protected] no later than 4:00PM EST August 31, 2021. The Government will only respond to written questions. Questions submitted after this date and time may not be addressed by the Government prior to the quotation submission deadline. ***The due date and time for receipt of quotations is September 7, 2021 no later than 4:00PM EST. Only information received on or before the due date and time for receipt of quotations will be considered for award. Any quotation, or part thereof received after the due date and time for receipt of quotations, will be deemed late and not considered for award.