MODIFICATION
70 -- National Instruments PC-Based Modular Instrumentation/ Control System
- Notice Date
- 9/7/2015
- Notice Type
- Modification/Amendment
- NAICS
- 541519
— Other Computer Related Services
- Contracting Office
- Department of Commerce, National Institute of Standards and Technology (NIST), Acquisition Management Division, 100 Bureau Drive, Building 301, Room B130, Gaithersburg, Maryland, 20899-1410, United States
- ZIP Code
- 20899-1410
- Solicitation Number
- SB1341-15-RQ-0739
- Archive Date
- 8/20/2015
- Point of Contact
- Judith L. Hicklin, Phone: 3019758838
- E-Mail Address
-
judith.hicklin@nist.gov
(judith.hicklin@nist.gov)
- Small Business Set-Aside
- Total Small Business
- Description
- The National Institute of Standards and Technology (NIST) has a requirement for PC-Based Modular Instrumentation and Control System for Additive Manufacturing (AM) Testbed for the Production Systems Group (PSG) at the National Institute of Standards and Technology (NIST). 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 SEPARATE WRITTEN SOLICITATION DOCUMENT WILL NOT BE ISSUED. THE SOLICITATION IS BEING ISSUED USING SIMPLIFIED ACQUISITION PROCEDURES UNDER THE AUTHORITY OF FAR PART 13. 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) 2005-83. 1352.215-72 INQUIRIES (APR 2010) Offerors must submit all questions concerning this solicitation in writing to Judith.hicklin@nist.gov. Questions should be received no later August 4, 2015. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract. (End of Provision) The associated North American Industrial Classification System (NAICS) code for this procurement is 541519 with a size standard $27,500,000.00. This is a brand name requirement. This solicitation is for National Instruments equipment and software. Only quotes from authorized resellers will be accepted. EVALUATION CRITERIA: The Government will award a purchase order resulting from this solicitation to the lowest price Offeror meeting technical acceptability requirements. This is a brand-name requirement and substitute products will not be considered. DUE DATE FOR QUOTES ***The due date and time for receipt of quotations is September 11, 2015 no later than 12:00PM EST. The offeror shall hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers. Quotations must be received at judith.hicklin@nist.gov before the due date and time specified in the solicitation. Facsimile quotations will not be accepted. Only information received on or before the due date and time shall be considered for award. Any quotation, or part thereof, received after the due date and time, shall be deemed late and not considered for award. Background: This procurement supports the Real-Time Control of Additive Manufacturing Processes project as part of the Measurement Science for Additive Manufacturing program in the Engineering Lab (EL) at NIST.. The Production Systems Group (PSG) is developing a laser-based metal powder bed fusion additive manufacturing metrology and process control testbed to incorporate and test various in-process sensing and real-time process control algorithms. To implement such a testbed, PSG needs a PC-based modular instrumentation and control platform, which will interface with multiple sensors, including high-speed cameras, for data acquisition and feedback, as well as connect to external motion controllers and provide appropriate user interface. The Following Section 508 Standards apply: Technical Standards: § 1194.21 Software applications and operating systems. § 1194.3(c) The installation of specific accessibility-related software or the attachment of an assistive technology device is not required at a workstation of a Federal employee who is not an individual with a disability. (e.g. not every computer will be equipped with a refreshable Braille display). Brand Name Justification: This is a request for a brand name procurement specifically for the purchase of National Instruments equipment and software. Since the multiple components have to be interfaced among themselves as well as with the components that are already in existence in the NIST laboratory to be used for process sensing and control, the new modular platform has to be compatible with the existing data acquisition system hardware, which are from National Instruments, as well as the software (LabView), which is also a National Instruments product. Offerors shall provide firm-fixed-pricing for the PC-based modular instrumentation and control system. Please provide a quotation for the following: CLIN 0001 through CLIN 0022. See attached Specifications. PROVISIONS AND CLAUSES: The following provisions and clauses apply to this acquisition and are hereby incorporated by reference. All FAR clauses may be viewed at http://www.acquisition.gov/far/. Provisions 52.212-1, Instructions to Offerors-Commercial Items 52.212-3 Offeror Representations and Certifications-Commercial Items Offerors shall complete annual representations and certifications 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. 52.203-98, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements-Representation (DEVIATION 2015-02) PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS-REPRESENTATION (FEB 2015) (a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (End of provision) DEVIATION ON TAX DELINQUENCY Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2015) (1) In accordance with Sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by the Consolidated and Further Continuing Appropriations Act, 2015 funding may be used to enter into a contract with any corporation that- (a) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where an awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government, or (b) 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 the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (2) The Offeror represents that, as of the date of this offer - (a) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (b) 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. (End of provision) Clauses 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS - ALTERNATE I (AUG 2012) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2013) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Aug 2012) 52.209-6, Protecting the Government`s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) 52.219-28, Post Award Small Business Program Representation (Apr 2012) 52.222-3, Convict Labor (Jun 2003) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Mar 2012) 52.222-21, Prohibition of Segregated Facilities (Feb 1999) 52.222-26, Equal Opportunity (Mar 2007) 52.222-35, Equal Opportunity for Veterans (Sep 2010) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) 52.222-37, Employment Reports on Veterans (Sep 2010) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) 52.203-99, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (DEVIATION 2015-02) PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (FEB 2015) (a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect. (c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause. (2) The Government may seek any available remedies in the event the Contractor fails to comply with the provisions of this clause. (End of clause) Department of Commerce Acquisition Regulation (CAR) clauses. Please submit a written request to the Contract Specialist for the full text of these clauses. 1352.201-70 CONTRACTING OFFICER's AUTHORITY (APR 2010) 1352.201-72 CONTRACTING OFFICER's REPRESENTATIVE (COR) (APR 2010) 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010) GOVERNMENT REVIEW, COMMENT, ACCEPTANCE AND APPROVAL (APR 2010) (a) Documentation, including drawings and other engineering products and reports, required by the contract to be submitted for review, comment, acceptance or approval will be acted upon by the Government within 30 calendar days after receipt by the Government, unless another period of time is specified. (b) Review, comment, acceptance or approval by the Government as required under this contract and applicable specifications shall not relieve the contractor of its obligation to comply with the specifications and with all other requirements of the contract, nor shall it impose upon the Government any liability it would not have had in the absence of such review, comment and acceptance or approval. Department of Commerce Agency-Level Protest Procedures Level above the Contracting Officer is also incorporated. It can be downloaded at http://www.nist.gov/admin/od/contract/agency.htm. National Institute of Standards and Technology Clauses. NIST LOCAL 41 SOFTWARE LICENSE ADDENDUM (a) This Addendum incorporates certain terms and conditions relating to federal procurement actions. The terms and conditions of this Addendum take precedence over the terms and conditions contained in any license agreement or other contract documents entered into between the parties. Governing Law: Federal procurement law and regulations, including the Contract Disputes Act, 41 U.S.C. Section 601 et.seq., and the Federal Acquisition Regulation (FAR), govern the agreement between the parties. Litigation arising out of this contract may be filed only in those having jurisdiction over federal procurement matters. Attorney's Fees: Attorney's fees are payable by the federal government in any action arising under this contract only pursuant to the Equal Access in Justice Act, 5 U.S.C. Section 504. No Indemnification: The federal government will not be liable for any claim for indemnification; such payments may violate the Anti-Deficiency Act, 31 U.S.C. Section 1341(a). Assignment: Payments may only be assigned in accordance with the Assignment of Claims Act, 31 U.S.C. Section 3727, and FAR Subpart 32.8, "Assignment of Claims." Invoices: Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. Section 3903) and Office of Management and Budget (OMB) Circular A-125, Prompt Payment. Patent and Copyright Infringement: Patent or copyright infringement suits brought against the United States as a party may only be defended by the U.S. Department of Justice (28 U.S.C. Section 516). Renewal of Support after Expiration of this Award: Service will not automatically renew after expiration of the initial term of this agreement. Renewal may only occur in accord with (1) the mutual agreement of the parties; or (2) an option renewal clause allowing the government to unilaterally exercise one or more options to extend the term of the agreement. (END OF CLAUSE) NIST LOCAL 04 BILLING INSTRUCTIONS (a) NIST prefers electronic Invoice/Voucher submissions and they should be emailed to INVOICE@NIST.GOV. (b) Each Invoice or Voucher submitted shall include the following: (1) Contract Number. (2) Contractor Name and Address. (3) Date of Invoice. (4) Invoice Number. (5) Amount of Invoice and Cumulative Amount Invoiced to-date. (6) Contract Line Item Number (CLIN). (7) Description, Quantity, Unit of Measure, Unit Price, and Extended Price of Supplies/Services Delivered. (8) Prompt Payment Discount Terms, if Offered. (9) Any other information or documentation required by the contract. (c) In the event electronic submissions are not used, The Contractor shall submit an original invoice or voucher in accordance with the payment provisions of this contract to: NIST: Accounts Payable Office 100 Bureau Drive, Mail Stop 1621 Gaithersburg, MD 20899-1621 INSTRUCTIONS: System for Award Management In accordance with FAR 52.204-7, the awardee must be registered in the System for Award Management (www.sam.gov) prior to award. Refusal to register shall forfeit award.
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