PRESOL | 81 | Packaging of SRMs | 10-May-12

FBO DAILY ISSUE OF MAY 10, 2012 FBO #3820
SOLICITATION NOTICE

81 -- Packaging of SRMs

Notice Date: 5/8/2012
Notice Type: Combined Synopsis/Solicitation
NAICS: 334519 — Other Measuring and Controlling Device Manufacturing
Contracting Office: Department of Commerce, National Institute of Standards and Technology (NIST), Acquisition Management Division, 100 Bureau Drive, Building 301, Room B129, Mail Stop 1640, Gaithersburg, Maryland, 20899-1640
ZIP Code: 20899-1640
Solicitation Number: SB1341-12-RQ-0314
Archive Date: 6/7/2012
Point of Contact: Andrea A Parekh, Phone: (301)975-6984, Cheryl Rice, Phone: 3019753696
E-Mail Address: andrea.parekh@nist.gov, cheryl.rice@nist.gov
(andrea.parekh@nist.gov, cheryl.rice@nist.gov)
Small Business Set-Aside: Total Small Business
Description: THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS PREPARED IN ACCORDANCE WITH THE FORMAT IN FAR SUBPART 12.6-STREAMLINED PROCEDURES FOR EVALUATION AND SOLICITATION FOR COMMERCIAL ITEMS-AS SUPPLEMENTED WITH ADDITIONAL INFORMATION INCLUDED IN THIS NOTICE. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTATIONS ARE BEING REQUESTED, AND A WRITTEN SOLICITATION DOCUMENT WILL NOT BE ISSUED.. THE SOLICITATION IS BEING ISSUED USING SIMPLIFIED ACQUISITION PROCEDURES. ***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) 2005-57.*** *** The associated North American Industrial Classification System (NAICS) code for this procurement is 334519 with a small business size standard of 500 employees. This requirement is set-aside for 100% small business.*** *** The National Institute of Standards and Technology is seeking a contractor to prepare and package Packaging of SRMs 3252 Protein Drink Mix, 3290 Dry Cat Food, 3398 Zingiber officinale (Ginger) Rhizome, and 3399 Zingiber officinale (Ginger) Extract. **All interested Contractors shall provide a quote for the following: Line Item 0001: Packaging of SRM 3252 Protein Drink Mix- tiny_mce_marker_______ per package Line Item 0002: Packaging of SRM 3290 Dry Cat Food- tiny_mce_marker_________ per package Line Item 0003: Packaging of SRM 3398 Zingiber officinale Rhizome- tiny_mce_marker________per package Line Item 0004: Packaging of SRM 3399 Zingibar officinale extract- tiny_mce_marker_________ per package Background Information NIST has a series of food-matrix Standard Reference Materials (SRMs) with values assigned for nutrient values. These materials support the labeling requirements of the Nutrition Labeling and Education Act of 1990, and SRMs 3252 Protein Drink Mix and 3290 Dry Cat Food are part of this series. NIST is also working with the National Institutes of Health's Office and Dietary Supplements and the Food and Drug Administration to produce SRMs for dietary supplements. A suite of ginger is part of this series, and this Statement of Work describes the requirements for packaging two of these materials: SRMs 3398 Zingiber officinale (Ginger) Rhizome and 3399 Zingiber officnale (Ginger) Extract as well as SRMs 3252 Protein Drink Mix and 3290 Dry Cat Food. These materials must be packaged in argon- or nitrogen-flushed polyethylene heat-sealed bags inside argon- or nitrogen-flushed, heat-sealed Mylar pouches with packets of silica gel. Scope of Work: The contractor must package: 30 kg protein drink mix 30 kg cat food 5 kg powdered ginger rhizome 5 kg powdered ginger extract The materials will be provided by NIST within 7 days after award. Bags of commercially available cat food, cans of commercially available drink mix, and plastic bags containing ginger rhizome and extract will be provided by the Government. These materials must be individually blended - i.e., a separate blend of protein drink mix, a separate blend of cat food, a separate blend of ginger rhizome, and a separate blend of ginger extract - and aliquots as specified below must be packaged in 4 mil polyethylene bags under dry nitrogen or argon. This polyethylene package must then be overpackaged in an aluminized packet with a suitable quantity of silica gel (e.g., two packets of SORB-IT) and dry nitrogen or argon. Additionally, the Contractor will be required to grind and sieve the cat food before blending and packaging. Protein drink mix and cat food must be packaged in 10.1 g aliquots. The ginger rhizome and extract must be packaged in 1.6 g aliquots. NIST expects to receive a minimum of 3,000 packets of protein drink mix, 3,000 packets of cat food, 3,000 packets of ginger rhizome, and 3,000 packets of ginger extract. Specific Tasks: Prior to packaging the protein powder, ginger rhizome, and ginger extract, the contractor shall individually blend the materials provided by NIST. These blends must be homogeneous for nutrients (in the case of the protein powder) and gingerols (in the case of the ginger materials.) Nominally 3,000 packets of protein drink mix, 3,000 packets of ginger rhizome, and 3,000 packets of ginger extract must be packaged. The contractor must acquire aluminized plastic packaging material (GP-48M/25 or equivalent), 4 mil polyethylene, and silica gel packets. Polyethylene packets must be flushed with dry nitrogen or argon and filled with 1.6 g of ginger rhizome, 1.6 g of ginger extract, or 10.1 g of protein powder with an accuracy of 0.1 g; i.e., packets must contain the specified mass +/- 0.1 g). Packets must be filled under controlled temperature and humidity conditions (e.g., glove box, controlled-humidity room) at 20 degrees Celsius to 25 degrees Celsius and 45 percent to 50 percent relative humidity, respectively. Polyethylene packets must be over packaged in the nitrogen- or argon-flushed aluminized plastic packets along with two silica gel packets. Packets must be transferred, in fill order, to a box that must be filled from back to front. Prior to packaging the cat food, the contractor shall grind, sieve, and blend the cat food provided by NIST. The cat food must be ground to 1 mm particle size. The blended cat food must be homogenous for nutrients. Nominally 3,000 packets of cat food must be packaged in the aluminized plastic packaging material and polyethylene bags with silica gel packets as described above. Packets must be filled under controlled temperature and humidity conditions as described above, and will contain 10.1 g of cat food (+/- 0.1 g). The back and front of each box must be marked, and boxes must be numbered sequentially. Boxes must be labeled to indicate their contents: SRMs 3398 Zingiber officinale (Ginger) Rhizome, 3399 Zingiber officnale (Ginger) Extract, 3252 Protein Drink Mix, and 3290 Dry Cat Food. Boxes must be placed on pallets and delivered to NIST at the contractor's expense. Deliverables: Delivery of packaged material is required not later than 4 months from delivery of bulk materials to the contractor. Delivery of material in one to four shipments is acceptable. Government Responsibilities NIST will provide the contractor with bulk ginger rhizome, ginger extract, protein powder, and cat food materials to be packaged There may be somewhat more or less than the above-stated masses of starting materials and there may be losses incurred during packaging. Thus, if fewer than 3,000 packets of ginger rhizome, ginger extract, protein powder, or cat food, respectively, are received, NIST will pay only for the number of packets received. This order does not allow for overages. Program Management and Control Requirements: The contractor shall confirm throughout the packaging process that packets are appropriately filled and sealed and that boxes are appropriately labeled. The contractor will notify NIST if problems are encountered. Inspection and Acceptance Criteria: NIST will inspect the shipment of materials to confirm that materials have been packaged as described above. NIST personnel will inspect the shipment of materials. Acceptance of the materials will be based on the following: 1. Materials have been packaged as described in the Statement of Work and meet all specifications set forth in the Statement of Work. 2. All packets arrive intact and usable. *** Award shall be made to the quoter whose quote offers the best value to the Government, technical capability, past performance, past experience and price shall be considered. The Government will evaluate information based on the following evaluation criteria: 1) Technical Capability factor "Meeting or Exceeding the Requirement," 2) Past Performance, 3) Past Experience, and 4) Price. Technical capability and Past Performance, when combined, shall be approximately equal in importance to price. If Technical Capability and Past Performance are equivalent, price shall be the determining factor. Technical Evaluation: The contractor will demonstrate their understanding of the project and their ability to successfully complete the project. Technical capability shall be demonstrated through the proposed methodology, including a description of the contractor's plan for processing, assessing homogeneity, and packaging the materials. Past Performance: Past Performance evaluation shall be conducted to determine the overall quality of the products and services provided by the Contractor. Evaluation of Past Performance shall be based on information provided by references and/or the Contractor's recent and relevant procurement history with NIST or its affiliates. The Government reserves the right to contact references other than those provided by the Contractor. Provide contact information for references with similar requirements. Timeliness, quality, and customer service will be evaluated. *** The full text of a FAR provision or clause may be accessed electronically at http://acquisition.gov/comp/far/index.html. *** *** The following provisions apply to this acquisition: 52.212-1 Instructions to Offerors-Commercial Items; 52.212-3 Offerors Representations and Certifications- Commercial Items.*** *** Offerors must complete annual representations and certifications on-line at http://orca.bpn.gov in accordance with FAR 52.212-3 Offerors Representations and Certifications- Commercial Items. If paragraph (j) of the provision is applicable, a written submission is required.*** ***The following clauses apply to this acquisition: 52.212-4 Contract Terms and Conditions-Commercial Items; 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items including subparagraphs: 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations 52.219-6 Notice of Total Small Business Set-Aside 52.219-28 Post Award Small Business Program 52.222-3 Convict Labor; 52.222-19 Child Labor - Cooperation With Authorities And Remedies; 52.222-21 Prohibition of Segregated Facilities; 52-222-26 Equal Opportunity; 52.222-36 Affirmative Action for Workers with Disabilities; 52.222-50 Combating Trafficking in Persons 52.223-18 Contractor Policy to Ban Text Messaging while Driving 52.225-3 Buy American Act - Free Trade Agreements - Israeli Trade Act; ALTERNATE I 52.225-13 Restriction on Certain Foreign Purchases; 52.232-33 Payment by Electronic Funds Transfer-Central Contractor Registration. 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. *** 52.245-1 GOVERNMENT PROPERTY (JUN 2007) (a) Definitions. As used in this clause-- "Acquisition cost" means the cost to acquire a tangible capital asset including the purchase price of the asset and costs necessary to prepare the asset for use. Costs necessary to prepare the asset for use include the cost of placing the asset in location and bringing the asset to a condition necessary for normal or expected use. "Cannibalize" means to remove serviceable parts from one item of equipment in order to install them on another item of equipment. "Contractor-acquired property" means property acquired, fabricated, or otherwise provided by the Contractor for performing a contract, and to which the Government has title. "Contractor inventory" means-- (1) Any property acquired by and in the possession of a Contractor or subcontractor under a contract for which title is vested in the Government and which exceeds the amounts needed to complete full performance under the entire contract; (2) Any property that the Government is obligated or has the option to take over under any type of contract, e.g., as a result either of any changes in the specifications or plans thereunder or of the termination of the contract (or subcontract thereunder), before completion of the work, for the convenience or at the option of the Government; and (3) Government-furnished property that exceeds the amounts needed to complete full performance under the entire contract. (4) "Contractor's managerial personnel" means the Contractor's directors, officers, managers, superintendents, or equivalent representatives who have supervision or direction of-- (1) All or substantially all of the Contractor's business; (2) All or substantially all of the Contractor's operation at any one plant or separate location; or (3) A separate and complete major industrial operation. "Demilitarization" means rendering a product unusable for, and not restorable to, the purpose for which it was designed or is customarily used. "Discrepancies incident to shipment" means any differences (e.g., count or condition) between the items documented to have been shipped and items actually received. "Equipment" means a tangible asset that is functionally complete for its intended purpose, durable, nonexpendable, and needed for the performance of a contract. Equipment is not intended for sale, and does not ordinarily lose its identity or become a component part of another article when put into use. "Government-furnished property" means property in the possession of, or directly acquired by, the Government and subsequently furnished to the Contractor for performance of a contract. "Government property" means all property owned or leased by the Government. Government property includes both Government-furnished and Contractor-acquired property. "Material" means property that may be consumed or expended during the performance of a contract, component parts of a higher assembly, or items that lose their individual identity through incorporation into an end-item. Material does not include equipment, special tooling and special test equipment. "Nonseverable" means property that cannot be removed after construction or installation without substantial loss of value or damage to the installed property or to the premises where installed. "Plant equipment" as used in this part, means personal property of a capital nature (including equipment, machine tools, test equipment, furniture, vehicles, and accessory and auxiliary items) for use in manufacturing supplies, in performing services, or for any administrative or general plant purpose. It does not include special tooling or special test equipment. "Precious metals" means silver, gold, platinum, palladium, iridium, osmium, rhodium, and ruthenium. "Property" means all tangible property, both real and personal. "Property Administrator" means an authorized representative of the Contracting Officer appointed in accordance with agency procedures, responsible for administering the contract requirements and obligations relating to Government property in the possession of a Contractor. "Provide" means to furnish, as in Government-furnished property, or to acquire, as in contractor-acquired property. "Real property" means land and rights in land, ground improvements, utility distribution systems, and buildings and other structures. It does not include foundations and other work necessary for installing special tooling, special test equipment, or plant equipment. "Sensitive property" means property potentially dangerous to the public safety or security if stolen, lost, or misplaced, or that shall be subject to exceptional physical security, protection, control, and accountability. Examples include weapons, ammunition, explosives, controlled substances, radioactive materials, hazardous materials or wastes, or precious metals. "Surplus property" means excess personal property not required by any Federal agency as determined by the Administrator of the General Services Administration (GSA). (b) Property management. (1) The Contractor shall have a system to manage (control, use, preserve, protect, repair and maintain) Government property in its possession. The system shall be adequate to satisfy the requirements of this clause. In doing so, the Contractor shall initiate and maintain the processes, systems, procedures, records, and methodologies necessary for effective control of Government property, consistent with voluntary consensus standards and/or industry-leading practices and standards for Government property management except where inconsistent with law or regulation. During the period of performance, the Contractor shall disclose any significant changes to their property management system to the Property Administrator prior to implementation. (2) The Contractor's responsibility extends from the initial acquisition and receipt of property, through stewardship, custody, and use until formally relieved of responsibility by authorized means, including delivery, consumption, expending, disposition, or via a completed investigation, evaluation, and final determination for lost, damaged, destroyed, or stolen property. This requirement applies to all Government property under the Contractor's accountability, stewardship, possession or control, including its vendors or subcontractors (see paragraph (f)(1)(v) of this clause). (3) The Contractor shall include the requirements of this clause in all subcontracts under which Government property is acquired or furnished for subcontract performance. (c) Use of Government property. The Contractor shall use Government property, either furnished or acquired under this contract, only for performing this contract, unless otherwise provided for in this contract or approved by the Contracting Officer. The Contractor shall not modify, cannibalize, or make alterations to Government property unless this contract specifically identifies the modifications, alterations or improvements as work to be performed. (d) Government-furnished property. (1) The Government shall deliver to the Contractor the Government-furnished property described in this contract. The Government shall furnish related data and information needed for the intended use of the property. The warranties of suitability of use and timely delivery of Government-furnished property do not apply to property acquired or fabricated by the Contractor as contractor-acquired property and subsequently transferred to another contract with this Contractor. (2) The delivery and/or performance dates specified in this contract are based upon the expectation that the Government-furnished property will be suitable for contract performance and will be delivered to the Contractor by the dates stated in the contract. (i) If the property is not delivered to the Contractor by the dates stated in the contract, the Contracting Officer shall, upon the Contractor's timely written request, consider an equitable adjustment to the contract. (ii) In the event property is received by the Contractor, or for Government-furnished property after receipt and installation, in a condition not suitable for its intended use, the Contracting Officer shall, upon the Contractor's timely written request, advise the Contractor on a course of action to remedy the problem. Such action may include repairing, replacing, modifying, returning, or otherwise disposing of the property at the Government's expense. Upon completion of the required action(s), the Contracting Officer shall consider an equitable adjustment to the contract (see also paragraph (f)(1)(ii)(A) of this clause). (iii) The Government may, at its option, furnish property in an "as-is" condition. The Contractor will be given the opportunity to inspect such property prior to the property being provided. In such cases, the Government makes no warranty with respect to the serviceability and/or suitability of the property for contract performance. Any repairs, replacement, and/or refurbishment shall be at the Contractor's expense. (3) (i) The Contracting Officer may by written notice, at any time-- (A) Increase or decrease the amount of Government-furnished property under this contract; (B) Substitute other Government-furnished property for the property previously furnished, to be furnished, or to be acquired by the Contractor for the Government under this contract; or (C) Withdraw authority to use property. (ii) Upon completion of any action(s) under paragraph (d)(3)(i) of this clause, and the Contractor's timely written request, the Contracting Officer shall consider an equitable adjustment to the contract. (e) Title to Government property. (1) The Government shall retain title to all Government-furnished property. Title to Government property shall not be affected by its incorporation into or attachment to any property not owned by the Government, nor shall Government property become a fixture or lose its identity as personal property by being attached to any real property. (2) Fixed-price contracts. (i) All Government-furnished property and all property acquired by the Contractor, title to which vests in the Government under this paragraph (collectively referred to as "Government property"), are subject to the provisions of this clause. (ii) Title to each item of equipment, special test equipment and special tooling acquired by the Contractor for the Government under this contract shall pass to and vest in the Government when its use in performing this contract commences or when the Government has paid for it, whichever is earlier, whether or not title previously vested in the Government. (iii) If this contract contains a provision directing the Contractor to purchase material for which the Government will reimburse the Contractor as a direct item of cost under this contract-- (A) Title to material purchased from a vendor shall pass to and vest in the Government upon the vendor's delivery of such material; and (B) Title to all other material shall pass to and vest in the Government upon-- (1) Issuance of the material for use in contract performance; (2) Commencement of processing of the material or its use in contract performance; or (3) Reimbursement of the cost of the material by the Government, whichever occurs first. (3) Title under Cost-Reimbursement or Time-and-Material Contracts or Cost-Reimbursable contract line items under Fixed-Price contracts. (i) Title to all property purchased by th e Contractor for which the Contractor is entitled to be reimbursed as a direct item of cost under this contract shall pass to and vest in the Government upon the vendor's delivery of such property. (ii) Title to all other property, the cost of which is reimbursable to the Contractor, shall pass to and vest in the Government upon-- (A) Issuance of the property for use in contract performance; (B) Commencement of processing of the property for use in contract performance; or (C) Reimbursement of the cost of the property by the Government, whichever occurs first. (iii) All Government-furnished property and all property acquired by the Contractor, title to which vests in the Government under this paragraph (e)(3)(iii) (collectively referred to as "Government property"), are subject to the provisions of this clause. (f) Contractor plans and systems. (1) Contractors shall establish and implement property management plans, systems, and procedures at the contract, program, site or entity level to enable the following outcomes: (i) Acquisition of Property. The Contractor shall document that all property was acquired consistent with its engineering, production planning, and material control operations. (ii) Receipt of Government Property. The Contractor shall receive Government property (document the receipt), record the information necessary to meet the record requirements of paragraph (f)(1)(iii)(A)(1) through (5) of this clause, identify as Government owned in a manner appropriate to the type of property (e.g., stamp, tag, mark, or other identification), and manage any discrepancies incident to shipment. (A) Government-furnished property. The Contractor shall furnish a written statement to the Property Administrator containing all relevant facts, such as cause or condition and a recommended course(s) of action, if overages, shortages, or damages and/or other discrepancies are discovered upon receipt of Government-furnished property. (B) Contractor-acquired property. The Contractor shall take all actions necessary to adjust for overages, shortages, damage and/or other discrepancies discovered upon receipt, in shipment of Contractor-acquired property from a vendor or supplier, so as to ensure the proper allocability and allowability of associated costs. (iii) Records of Government property. The Contractor shall create and maintain records of all Government property accountable to the contract, including Government furnished and Contractor-acquired property. (A) Property records shall enable a complete, current, auditable record of all transactions and shall, unless otherwise approved by the Property Administrator, contain the following: (1) The name, part number and description, manufacturer, model number, and National Stock Number (if needed for additional item identification tracking and/or disposition). (2) Quantity received (or fabricated), issued, and balance-on-hand. (3) Unit acquisition cost. (4) Unique-item identifier or equivalent (if available and necessary for individual item tracking). (5) Unit of measure. (6) Accountable contract number or equivalent code designation. (7) Location. (8) Disposition. (9) Posting reference and date of transaction. (10) Date placed in service. (B) Use of a Receipt and Issue System for Government Material. When approved by the Property Administrator, the Contractor may maintain, in lieu of formal property records, a file of appropriately cross-referenced documents evidencing receipt, issue, and use of material that is issued for immediate consumption. (iv) Physical inventory. The Contractor shall periodically perform, record, and disclose physical inventory results. A final physical inventory shall be performed upon contract completion or termination. The Property Administrator may waive this final inventory requirement, depending on the circumstances (e.g., overall reliability of the Contractor's system or the property is to be transferred to a follow-on contract). (v) Subcontractor control. (A) The Contractor shall award subcontracts that clearly identify assets to be provided and shall ensure appropriate flow down of contract terms and conditions (e.g., extent of liability for loss, damage, destruction or theft of Government property). (B) The Contractor shall assure its subcontracts are properly administered and reviews are periodically performed to determine the adequacy of the subcontractor's property management system. (vi) Reports. The Contractor shall have a process to create and provide reports of discrepancies; loss, damage, destruction, or theft; physical inventory results; audits and self-assessments; corrective actions; and other property related reports as directed by the Contracting Officer. (A) Loss, damage, destruction, or theft. Unless otherwise directed by the Property Administrator, the Contractor shall investigate and promptly furnish a written narrative of all incidents of loss, damage, destruction, or theft to the property administrator as soon as the facts become known or when requested by the Government. (B) Such reports shall, at a minimum, contain the following information: (1) Date of incident (if known). (2) The name, commercial description, manufacturer, model number, and National Stock Number (if applicable). (3) Quantity. (4) Unique Item Identifier (if available). (5) Accountable Contract number. (6) A statement indicating current or future need. (7) Acquisition cost, or if applicable, estimated scrap proceeds, estimated repair or replacement costs. (8) All known interests in commingled property of which the Government property is a part. (9) Cause and corrective action taken or to be taken to prevent recurrence. (10) A statement that the Government will receive any reimbursement covering the loss, damage, destruction, or theft, in the event the Contractor was or will be reimbursed or compensated. (11) Copies of all supporting documentation. (12) Last known location. (13) A statement that the property did or did not contain sensitive or hazardous material, and if so, that the appropriate agencies were notified. (vii) Relief of stewardship responsibility. Unless the contract provides otherwise, the Contractor shall be relieved of stewardship responsibility for Government property when such property is-- (A) Consumed or expended, reasonably and properly, or otherwise accounted for, in the performance of the contract, including reasonable inventory adjustments of material as determined by the Property Administrator; or a Property Administrator granted relief of responsibility for loss, damage, destruction or theft of Government property; (B) Delivered or shipped from the Contractor's plant, under Government instructions, except when shipment is to a subcontractor or other location of the Contractor; or (C) Disposed of in accordance with paragraphs (j) and (k) of this clause. (viii) Utilizing Government property. (A) The Contractor shall utilize, consume, move, and store Government Property only as authorized under this contract. The Contractor shall promptly disclose and report Government property in its possession that is excess to contract performance. (B) Unless otherwise authorized in this contract or by the Property Administrator the Contractor shall not commingle Government property with property not owned by the Government. (ix) Maintenance. The Contractor shall properly maintain Government property. The Contractor's maintenance program shall enable the identification, disclosure, and performance of normal and routine preventative maintenance and repair. The Contractor shall disclose and report to the Property Administrator the need for replacement and/or capital rehabilitation. (x) Property closeout. The Contractor shall promptly perform and report to the Property Administrator contract property closeout, to include reporting, investigating and securing closure of all loss,damage, destruction, or theft cases; physically inventorying all property upon termination or completion of this contract; and disposing of items at the time they are determined to be excess to contractual needs. (2) The Contractor shall establish and maintain Government accounting source data, as may be required by this contract, particularly in the areas of recognition of acquisitions and dispositions of material and equipment. (3) The Contractor shall establish and maintain procedures necessary to assess its property management system effectiveness, and shall perform periodic internal reviews and audits. Significant findings and/or results of such reviews and audits pertaining to Government property shall be made available to the Property Administrator. (g) Systems analysis. (1) The Government shall have access to the contractor?s premises and all Government property, at reasonable times, for the purposes of reviewing, inspecting and evaluating the Contractor?s property management plan, systems, procedures, records, and supporting documentation that pertains to Government property. (2) Records of Government property shall be readily available to authorized Government personnel and shall be safeguarded from tampering or destruction. (3) Should it be determined by the Government that the Contractor's property management practices are inadequate or not acceptable for the effective management and/or control of Government property under this contract, and/or present an undue risk to the Government, the Contractor shall immediately take all necessary corrective actions as directed by the Property Administrator. (4) The Contractor shall ensure Government access to subcontractor premises, and all Government property located at subcontractor premises, for the purposes of reviewing, inspecting and evaluating the subcontractor's property management plan, systems, procedures, records, and supporting documentation that pertains to Government property. (h) Contractor Liability for Government Property. (1) Unless otherwise provided for in the contract, the Contractor shall not be liable for loss, damage, destruction, or theft to the Government property furnished or acquired under this contract, except when any one of the following applies-- (i) The risk is covered by insurance or the Contractor is otherwise reimbursed (to the extent of such insurance or reimbursement). The allowability of insurance costs shall be determined in accordance with 31.205-19. (ii) The loss, damage, destruction, or theft is the result of willful misconduct or lack of good faith on the part of the Contractor's managerial personnel. Contractor's managerial personnel, in this clause, means the Contractor's directors, officers, managers, superintendents, or equivalent representatives who have supervision or direction of all or substantially all of the Contractor's business; all or substantially all of the Contractor's operation at any one plant or separate location; or a separate and complete major industrial operation. (iii) The Contracting Officer has, in writing, revoked the Government's assumption of risk for loss, damage, destruction, or theft, due to a determination under paragraph (g) of this clause that the Contractor's property management practices are inadequate, and/or present an undue risk to the Government, and the Contractor failed to take timely corrective action. If the Contractor can establish by clear and convincing evidence that the loss, damage, destruction, or theft of Government property occurred while the Contractor had adequate property management practices or the loss, damage, destruction, or theft of Government property did not result from the Contractor's failure to maintain adequate property management practices, the Contractor shall not be held liable. (2) The Contractor shall take all reasonable actions necessary to protect the Government property from further loss, damage, destruction, or theft. The Contractor shall separate the damaged and undamaged Government property, place all the affected Government property in the best possible order, and take such other action as the Property Administrator directs. (3) The Contractor shall do nothing to prejudice the Government's rights to recover against third parties for any loss, damage, destruction, or theft of Government property. (4) Upon the request of the Contracting Officer, the Contractor shall, at the Government?s expense, furnish to the Government all reasonable assistance and cooperation, including the prosecution of suit and the execution of instruments of assignment in favor of the Government in obtaining recovery. (i) Equitable adjustment. Equitable adjustments under this clause shall be made in accordance with the procedures of the Changes clause. The right to an equitable adjustment shall be the Contractor's exclusive remedy and the Government shall not be liable to suit for breach of contract for the following: (1) Any delay in delivery of Government-furnished property. (2) Delivery of Government-furnished property in a condition not suitable for its intended use. (3) An increase, decrease, or substitution of Government-furnished property. (4) Failure to repair or replace Government property for which the Government is responsible. (j) Contractor inventory disposal. Except as otherwise provided for in this contract, the Contractor shall not dispose of Contractor inventory until authorized to do so by the Plant Clearance Officer. (1) Scrap to which the Government has obtained title under paragraph (e) of this clause. (i) Contractor with an approved scrap procedure. (A) The Contractor may dispose of scrap resulting from production or testing under this contract without Government approval. However, if the scrap requires demilitarization or is sensitive property, the Contractor shall submit the scrap on an inventory disposal schedule. (B) For scrap from other than production or testing the Contractor may prepare scrap lists in lieu of inventory disposal schedules (provided such lists are consistent with the approved scrap procedures), except that inventory disposal schedules shall be submitted for scrap aircraft or aircraft parts and scrap that-- (1) Requires demilitarization; (2) Is a classified item; (3) Is generated from classified items; (4) Contains hazardous materials or hazardous wastes; (5) Contains precious metals; or (6) Is dangerous to the public health, safety, or welfare. (ii) Contractor without an approved scrap procedure. The Contractor shall submit an inventory disposal schedule for all scrap. The Contractor may not dispose of scrap resulting from production or testing under this contract without Government approval. (2) Predisposal requirements. (i) Once the Contractor determines that Contractor-acquired property is no longer needed for contract performance, the Contractor in the following order of priority-- (A) May contact the Contracting Officer if use of the property in the performance of other Government contracts is practical; (B) May purchase the property at the acquisition cost; or (C) Shall make reasonable efforts to return unused property to the appropriate supplier at fair market value (less, if applicable, a reasonable restocking fee that is consistent with the supplier?s customary practices). (ii) The Contractor shall list, on Standard Form 1428, Inventory Disposal Schedule, property that was not used in the performance of other Government contracts under paragraph (j)(2)(i)(A) of this clause, property that was not purchased under paragraph (j)(2)(i)(B) of this clause, and property that could not be returned to a supplier under paragraph (j)(2)(i)(C) of ths clause. (3) Inventory disposal schedules. (i) The Contractor shall use Standard Form 1428, Inventory Disposal Schedule, to identify-- (A) Government-furnished property that is no longer required for performance of this contract, provided the terms of another Government contract do not require the Government to furnish that property for performance of this contract; (B) Contractor-acquired property, to which the Government has obtained title under paragraph (e) of this clause, which is no longer required for performance of that contract; and (C) Termination inventory. (ii) The Contractor may annotate inventory disposal schedules to identify property the Contractor wishes to purchase from the Government. (iii) Unless the Plant Clearance Officer has agreed otherwise, or the contract requires electronic submission of inventory disposal schedules, the Contractor shall prepare separate inventory disposal schedules for-- (A) Special test equipment with commercial components; (B) Special test equipment without commercial components; (C) Printing equipment; (D) Information technology (e.g., computers, computer components, peripheral equipment, and related equipment); (E) Precious metals; (F) Nonnuclear hazardous materials or hazardous wastes; or (G) Nuclear materials or nuclear wastes. (iv) The Contractor shall describe the property in sufficient detail to permit an understanding of its intended use. Property with the same description, condition code, and reporting location may be grouped in a single line item. (4) Submission requirements. The Contractor shall submit inventory disposal schedules to the Plant Clearance Officer no later than-- (i) 30-days following the Contractor's determination that a Government property item is no longer required for performance of this contract; (ii) 60 days, or such longer period as may be approved by the Plant Clearance Officer, following completion of contract deliveries or performance; or (iii) 120 days, or such longer period as may be approved by the Termination Contracting Officer following contract termination in whole or in part. (5) Corrections. The Plant Clearance Officer may-- (i) Reject a schedule for cause (e.g., contains errors, determined to be inaccurate); and (ii) Require the Contractor to correct an inventory disposal schedule. (6) Postsubmission adjustments. The Contractor shall notify the Plant Clearance Officer at least 10 working days in advance of its intent to remove an item from an approved inventory disposal schedule. Upon approval of the Plant Clearance Officer, or upon expiration of the notice period, the Contractor may make the necessary adjustments to the inventory schedule. 1352.245-70 GOVERNMENT FURNISHED PROPERTY (MAR 2000) The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this Contract. This property shall be used and maintained by the Contractor in accordance with provisions of the "Government Property" clause included in this contract. Material # 1- Protein Drink- Value $870 Material # 2- Cat Food- Value $150 Material # 3- Powdered Ginger Rhizome- Value -See below Material # 1- Powdered Ginger Extract- Value - see below If either of the ginger materials becomes damaged or unusable, the Government would have to replace both ginger materials as well as the botanical info. This would cost the Government $6400. (End of clause) REQUIRED SUBMISSIONS All quoters shall submit the following: 1) An original and one copy of a quotation with FOB Destination pricing for all of the required materials; 2) A list of at least three (3) references to whom the same or similar end products have been provided. The list of references shall include, at a minimum: The name of the reference contact person and the company or organization; the telephone number of the reference contact person; the contract or grant number; the amount of the contract and the address and the telephone number of the Contracting Officer if applicable; and the date of delivery or the date services were completed; 3) Per-packet pricing must be provided for each material All quotes must be sent to the National Institute of Standards & Technology, Acquisition Management Division, ATTN: Andrea G. Parekh, 100 Bureau Drive, Mail Stop 1640, Gaithersburg, MD 20899-1640. Quoters must ensure the RFQ number is visible on the outermost packaging. This is an Open-Market Combined Synopsis/Solicitation for equipment as defined herein. The Government intends to award a Purchase Order as a result of this Combined Synopsis/Solicitation that will include the terms and conditions that are set forth herein. In order to facilitate the award process, ALL quotes shall include a statement regarding the terms and conditions herein as follows: The offeror shall state "The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition." OR The offeror shall state "The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following: Offeror shall list exception(s) and rationale for the exception(s) Please note that this procurement is not being conducted under the GSA Federal Supply Schedule (FSS) program or another Government-Wide Area Contract (GWAC). If an offeror submits a quotation based upon an FSS or GWAC contract, the Government will accept the quoted price. However, the terms and conditions stated herein will be included in any resultant Purchase Order, not the terms and conditions of the offeror's FSS or GWAC contract, and the statement required above shall be included in the quotation. ***All quotes shall be received not later than 12:00 PM local time, on May 23, 2012 at the National Institute of Standards & Technology, Acquisition Management Division, 100 Bureau Drive, Building 301, Room B125, Mail Stop 1640, Gaithersburg, MD 20899-1640, Attn: Andrea Parekh. Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the Contract Specialist (Andrea G. Parekh) @ andrea.parekh@nist.gov. Because of heightened security, FED-EX, UPS, or similar delivery methods are the preferred method of delivery of quotes. If quotes are hand delivered, delivery shall be made on the actual due date through Gate A, and a 24-hour (excluding weekends and holidays) prior notice shall be made to the Contracts Office at 301-975-6984. NIST is not responsible for late delivery due to the added security measures. In addition, offerors/quoters who do not provide 24-hour notification in order to coordinate entrance to the NIST campus shall assume the risk of not being able to deliver offers/quotes on time. The Government is not responsible for the amount of time required to clear unannounced visitors, visitors without proper identification and without complete information that would allow delivery (i.e. point of contact, telephone POC, bldg., room number, etc.). If 24-hour notification was not provided, it is suggested your company representative or your courier service arrive at NIST at least 90 minutes prior to the closing time in order to process entry to the campus through the visitor center and complete delivery. Notice shall include the company name, name of the individual making the delivery, and the country of citizenship of the individual. For non-US citizens, the following additional information will be required: title, employer/sponsor, and address. Please ensure that the individual making the delivery brings photo identification, or they will be denied access to the facility. E-mailed quotes ARE acceptable. Faxed quotes will NOT be accepted. Offerors' quotations shall not be deemed received by the Government until the quotation is entered into the e-mail address inbox set forth above.***
Web Link: FBO.gov Permalink
(https://www.fbo.gov/spg/DOC/NIST/AcAsD/SB1341-12-RQ-0314/listing.html)
Record: SN02742352-W 20120510/120508235530-a1263ac87537878c8955ef7f4b4f050b (fbodaily.com)
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