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FBO DAILY - FEDBIZOPPS ISSUE OF JUNE 16, 2017 FBO #5684
SOLICITATION NOTICE

66 -- Purchase 16 Digital RF Attenuators

Notice Date

6/14/2017
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

334516 — Analytical Laboratory Instrument Manufacturing
 

Contracting Office

Department of Commerce, National Institute of Standards and Technology (NIST), NIST AMD Boulder, 325 Broadway, Boulder, Colorado, 80305, United States
 

ZIP Code

80305
 

Solicitation Number

NB687070-17-03876
 

Archive Date

7/4/2017
 

Point of Contact

Dennis M. Fuentes, Phone: 3034975573
 

E-Mail Address

dennis.fuentes@nist.gov
(dennis.fuentes@nist.gov)
 

Small Business Set-Aside

N/A
 

Description

FBO ANNOUNCEMENT: COMBINED SYNOPSIS/SOLICITATION ACTION CODE: ˂COMBINED˃ CLASSIFICATION CODE: 66 - Instruments and Laboratory Equipment SUBJECT: 16 Quantity Digital RF Attenuators SOLICITATION NUMBER: NB687070-17-03876 RESPONSE DATE: June 19, 2017 CONTACT POINTS: Dennis M. Fuentes, Contracting Officer 303.497.5573 DESCRIPTION: THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS PREPARED IN ACCORDANCE WITH THE FORMAT IN FAR SUBPART 12.6-STREAMLINED PROCEDURES FOR EVLAUATION 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 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- 90) 1352.215-72 INQUIRIES (APR 2010) Offerors must submit all questions concerning this solicitation in writing to the contract specialist within three (3) 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. (end of provision) 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 requirement is being competed as a full and open. ***The National Institute of Standards and Technology is seeking to purchase ** Sixteen (16) Digital RF Attenuator's. Background The digital RF attenuators will be used in a Qubit operating and measurement system. The system will contain other devices such as a Quadrature Modulator to operate successfully. The attenuator will be placed inside of boxes with a rack mount. 16 of these attenuators are needed. Minimum Requirements TECHNICAL SPECIFICATIONS: 1 The Digital RF Attenuators must have the following features: 1.1 Physical - Dimensions of box are are 10" x 12" x 1.75" 1.2 Performance of the attenuator - 4-8 GHz Range - 60 dB min - 0.1 dB step size min - 9-bit min 1.3 Documentation Full technical documentation and user manuals in English must be included as pdf-files and in printed format. 2 Description of services, warranty and after sales support 2.1 Delivery The performance of the devices must be evaluated after reception. 2.2 Warranty Subject to the terms, conditions and limitations hereinafter set forth, Seller warrants, to the original Buyer only, each new product manufactured by seller to be free from defects in material and workmanship. Seller's entire and exclusive obligation and liability, and Buyer's sole and exclusive remedy, under the warranty is limited to repairing or replacing at Sellers option, free of charge; F.O.B. Ex Works Seller's plant, any part proving defective during the duration of this express warranty. The obligations of Seller under this warranty shall not include any transportation cost, labor costs,. installation costs. or other costs or charges associated with the repair or replacement This warranty shall not be enforceable if the Buyer is in default in making any contract payment The duration of this express warranty (a) for new equipment is one year from the date of shipment and (b) for any SELLER replacement part is 90 days after the date of installation, but no more than 6 months after shipment. This warranty does not cover failures caused in whole or in part by (1) improper installation, by other than SELLER, or maintenance; (2) improper use or application; (3) corrosion; (4) normal deterioration; (5) operation beyond rated capacity, (6) the use of replacement parts or lubricants which do not meet or exceed Seller's specifications, or (7) improper repairs. Products furnished, but not manufactured by Seller, are not covered by this warranty, but by only such warranties as are given by the said manufacturers to Seller. To qualify for warranty consideration at the earlier of the Buyer's discovery of the defect or the time at which the Buyer should have discovered the defect; Buyer must immediately notify Seller and must promptly thereafter return to Seller (freight prepaid) all defective parts. T HIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WHICH ARE HEREBY DISCLAIMED THE OBLIGATION AND LIABILITY OF SELLER UNDER THE EXPRESS WARRANTY STATED SHALL NOT INCLUDE LIABILITY FOR LOSS OF USE, LOSS OF PROFITS OR ANY OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY THE FAILURE OF ITS PRODUCT OR ANY DEFECT IN THAT PRODUCT OR DELAY IN REMEDYING THE SAME DELIVERABLE SCHEDULE: 95-125 Days Lead Time Inspection & Acceptance In addition to the inspection and acceptance terms articulated in 52.212-4, the Government reserves the right to perform such performance tests and evaluations as defined below to verify specified system performance. Such tests and evaluations, if performed, shall be conducted within the environment that the system is to be operated. The Contractor has the right to be present during the tests and evaluations, if performed, at the Contractor's expense. Delivery Delivery shall be FOB Destination. FOB Destination means: The contractor shall pack and mark the shipment in conformance with carrier requirements, deliver the shipment in good order and condition to the point of delivery specified in the purchase order, be responsible for any loss of and/or damage to the goods occurring before receipt and acceptance of the shipment by the consignee at the delivery point specified in the purchase order; and pay all charges to the specified point of delivery. The contractor shall deliver all Line Items to: Department of Commerce National Institute of Standards and Technology 325 Broadway Blvd. Boulder, CO 80503 Payment Schedule The Contractor will be paid, in accordance with Net 30-day payment terms, upon receipt and acceptance of a proper invoice for the entire purchase order, in accordance with the following schedule. 1. 100% after receipt and acceptance by the TPOC of items, AND 2. After all inspection and requirements set forth in this document have been met; 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://acquisition.gov/comp/far/index.html Provisions 52.204-7 - System for Award Management 52.204-16 - Commercial & Government Entity Code Reporting 52.204-17 - Ownership or Control of Offeror 52.204-18 - Commercial & Government Entity Code Maintenance 52.209-11 - Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law 52.212-1 - Instructions to Offerors-Commercial Items 52.212-3 - Offerors Representations and Certifications-Commercial Items 52.214-35 - Submission of Offers in U.S. Currency 52.225 -2 - Buy American Certificate 52.225-18- Place of Manufacture 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) Clauses 52.204-13 - System for Award Management 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 632(a)(2)). 52.222-3 - Convict Labor (June 2003) (E.O. 11755) 52.222-19 - Child Labor - Cooperation with Authorities and Remedies (Jan 2014)(E.O. 13126) 52.222-21 - Prohibition of Segregated Facilities (Feb 1999) 52.222-26 - Equal Opportunity (Mar 2007) (E.O. 11246 52.222-36 - Affirmative Action For Workers with Disabilities (Oct 2010) (29 U.S.C. 793) 52.222-50 - Combatting Trafficking in Persons (FEB 2009)(22 U.S.C.7104(g)) 52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658(DEC 2014) 52.233-3 - Protest After Award (AUG 1996) (31 U.S.C. 3553) 52.233-4 - Applicable Law for Breach of Contract Claim 52.223-18- Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011)(E.O 13513) 52.225-1 - Buy American Act - Supplies (Feb 2009) (41 U.S.C. 10a-10d) 52.225-13 - Restrictions on Certain Foreign Purchases (June 2008)(E.O.'s, proclamations, and statues administered by the Office of Foreign Assets Control of the Department of the Treasury 52.232-33 - Payment By Electronic Funds Transfer - System for Award Management (Jul 2013) 931 U.S.C. 3332) 52.225-25 - Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran - Representations and Certifications 52.232-39 - Unenforceability of Unauthorized Obligations 52.232-40 - Providing Accelerated Payments to Small Business Contractors 52.247-35 - FOB Destination, within Consignee's Premises 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) Assurance 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 543 and 544 of Public Law 112-55 Commerce, Justice, Science, and Related Agencies Appropriations Act 2012, Title V (General Provisions) none of the funds made available by that Act 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, 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. 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, 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) By accepting this award or order, in writing or by performance, the offeror/contractor assures that- a) The offeror/contractor is not a corporation convicted of a felony criminal violation under a Federal law within the preceding 24 months. b) The offeror/contractor 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 clause) The following provisions and clauses apply to this acquisition and are hereby incorporated by reference. All CAR clauses may be viewed at http://www.ecfr.gov 1352.201-70 - Contracting Officers Authority 1352.209-73 - Compliance with the Laws (APR 2010) 1352.209-74 - Organizational Conflict of Interest 1352.246-70 - Place of Acceptance 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 (End of clause) INSTRUCTIONS: System for Award Management, SAM 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. Due Date for Quotations Offerors shall submit their quotation so that NIST receives it not later than 11:00 PM Mountain Standard Time on June 19, 2016. FAX quotations will not be accepted. E-mail quotations will be accepted at dennis.fuentes@nist.gov. Please reference the RFQ number in the subject line of email communications. Offerors' quotations will not be deemed received by the Government until the quotation is entered in the e-mail box set forth above. Because of heightened security, electronic 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 NIST Boulder Gate, and a 48 hour (excluding weekends and holidays) prior notice shall be provided to Dennis Fuentes, Contracting Officer on 303-497-5573. Addendum to FAR 52.212-1, Quotation Preparation Instructions 1) Price Quotation: The offeror shall submit one copy of their quote. The offeror shall propose a firm-fixed-price, FOB Destination for each CLIN. Contractor shall state warranty coverage. Price quotations shall remain valid for a period of 90 days from the date quotations are due. 2) Acceptance of Terms and Conditions: This is an open-market solicitation for equipment as defined herein. The Government intends to award a Purchase Order as a result of this solicitation that will include the clauses set forth herein. The quotation shall include one of the following statements: "The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition" OR "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) If the offeror fails to include written exceptions the government will consider it as acceptance. Note: This procurement is not being conducted under the GSA Federal Supply Schedule (FSS) program or another Government-Wide Acquisition 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. QUOTATION EVALUATION: Evaluation Factors Award shall be made to the offeror whose quotation is deemed technically acceptable and represents the lowest price. The Government will evaluate quotations based on the following evaluation criteria: 1) Technical Capability and 2) Price. 1. Technical Capability: No prototypes, demonstration models, used or refurbished instruments will be considered. Evaluation of technical capability shall be based on the information provided in the quotation. NIST will evaluate whether the offeror has demonstrated that its proposed equipment meets or exceeds all specifications and salient characteristics. Quotations that do not demonstrate the proposed equipment meets all requirements, will not be considered further for award. If an offeror does not indicate whether its proposed equipment meets a certain minimum requirement, NIST will determine that it does not. 2. Price: The Government will evaluate price for reasonableness. 1352.233-70 AGENCY PROTESTS (APR 2010) (a) An agency protest may be filed with either: (1) the contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 Fed. Reg. 16,651 (April 6, 1999) (b) Agency protests filed with the Contracting Officer shall be sent to the following address: NIST/ACQUISITION MANAGEMENT DIVISION ATTN: Willard Zbaeren, CONTRACTING OFFICER 325 Broadway Boulder, CO 80305 (c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: NIST/ACQUISITION MANAGEMENT DIVISION ATTN: HEAD OF THE CONTRACTING OFFICE (HCO) 100 Bureau Drive, MS 1640 Gaithersburg, MD 20899 (d) 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. (e) 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 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010) (a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed. (b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims. (c) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W. Washington, D.C. 20230 FAX: (202) 482-5858 (End of clause)
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/notices/c0096ef03ca576a2f3ebaad8db8eddc3)
 

Place of Performance

Address: NIST, 325 Broadway, Boulder, Colorado, 80305, United States

Zip Code: 80305
 

Record

SN04543970-W 20170616/170614234625-c0096ef03ca576a2f3ebaad8db8eddc3 (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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