NASA/Dryden Flight Research Center, Code A, P.O. Box 273, Edwards, CA 93523-0273

K -- CHAMBER MODIFICATION SOL P-9-RS-00236 DUE 061099 POC Teresa M Hass, Contract Specialist, Phone (661) 258-2164, Fax (661) 258-2291, Email teresa.hass@dfrc.nasa.gov -- Sally L Saunders, Contracting Officer, Phone (661)258-2872, Fax (661) 258-2291, Email sally.saunders@dfrc.nasa.gov WEB: Click here for the latest information about this notice, http://nais.nasa.gov/EPS/DFRC/date.html#P-9-RS-00236. E-MAIL: Teresa M Hass, teresa.hass@dfrc.nasa.gov. This notice is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This procurement is being conducted under the Simplified Acquisition Procedures (SAP). Modify a Model FR400 Oxy-Gon High Temperature, High Vacuum, Multi-Purpose, Mechanical Test Chamber. Modification will include the following: 1) side chamber to house a Epsilin Model 3548 extensometer, 2) a 4 in. x 6 in. tungsten mesh heating element high heat zone with appropriate power feedthroughs and water-cooling system, 3) mounting bracket system to fit a MTS Model 312.21 test frame machine, 4) electrical system including a power controller, stepdown transformer, circuit breaker, ammeter, voltmeter, fuses, watercooled power cables to power supply, and any additional items required to make the heating system operational, 5) wired to accept single phase, 480 VAC, 60 Hz power. The provisions and clauses in the RFQ are those in effect through FAC 97-11. This procurement is a total small business set-aside. See Note 1. The SIC code and the small business size standard for this procurement are 3569 and 500 employees, respectively. The quoter shall state in their quotation their size status for this procurement. All qualified responsible business sources may submit a quotation which shall be considered by the agency. Delivery to DFRC is required within 8-12 weeks ARO. Delivery shall be FOB Destination. The DPAS rating for this procurement is DO-C-9. Quotations for the items(s) described above are due by by COB 4pm PST June 10, 1999 and may be mailed or faxed to Teresa M. Hass NASA-DFRC P.O. Box 273 M/S-1036 Edwards, CA 93523 Fax: (661) 258-2291 and include, solicitation number, FOB destination to this Center, proposed delivery schedule, discount/payment terms, warranty duration (if applicable), taxpayer identification number (TIN), identification of any special commercial terms, CAGE Code, must be registered with Central Contractor Registration, must provide proof of compliance with VETS-100, and be signed by an authorized company representative. Quoters are encouraged to use the Standard Form 1449, Solicitation/Contract/Order for Commercial Items form found at URL: http://procure.arc.nasa.gov/Acq/Forms/Index.html to submit a quotation. Quoters shall provide the information required by FAR 52.212-1. If the end product(s) quoted is other than domestic end product(s) as defined in the clause entitled "Buy American Act -- Supplies," the quoter shall so state and shall list the country of origin. The Representations and Certifications required by FAR 52.2l2-3 may be obtained via the internet at URL: http://ec.msfc.nasa.gov/msfc/pub/reps_certs/sats/ FAR 52.212-4 is applicable. Addenda to FAR 52.212-4 are as follows: 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Jul 1995) 52.247-34 F.O.B. Destination (Nov 1991) NASA/FAR Supplement Clauses 1852.211-70 Brand Name or Equal (Dec 1988) 1852.215-84 Ombudsman (Oct 1996); [fill in Center representative; NASA: Deputy Administrator for Procurement, (202) 358-2090.] FAR 52.212-5 is applicable and the following identified clauses are incorporated by reference. 52.222-3, Convict Labor (E.O.11755); and 52.233-3, Protest after Award (31 U.S.C 3553). The Contractor agrees to comply with the FAR clauses in this paragraph (b) which the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items or components ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government, with Alternate I (41 U.S.C.253g and 10 U.S.C.2402). ___ (3) 52.219-8, Utilization of Small Business Concerns (15 U.S.C. 637 (d)(2) and (3)). ___ (4) 52.219-9, Small Business Subcontracting Plan (15 U.S.C. 637 (d)(4)). ___ (5) 52.219-14, Limitations on Subcontracting (15 U.S.C.637(a)(14)). ___ (6) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Public Law 103- 355, section 7102, and 10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). (ii) Alternate I of 52.219-23. ___ (7) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Public Law 103-355, Section 7102, and 10 U.S.C. 2323). ___ (8) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (Public Law 103-355, section 7102, and 10 U.S.C. 2323. _X (9) 52.222-26, Equal Opportunity (E.O.11246). _X_(10) 52.222-35, Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era (38 U.S.C.4212). _X_(11) 52.222-36, Affirmative Action for Workers with Disabilities (29 U.S.C.793). _X_(12) 52.222-37, Employment Reports on Disabled Veterans and Veterans of the Vietnam Era (38 U.S.C.4212). _X_(13) 52.225-3, Buy American Act -- Supplies (41 U.S.C.10). ___(14) 52.225-9, Buy American Act -- Trade Agreements Act -- Balance of Payments Program (41 U.S.C.10, 19 U.S.C.2501-2582). ___ (15) [Reserved] ___ (16) 52.225-18, European Union Sanction for End Products (Executive Order 12849). ___ (17) 52.225-19, European Union Sanction for Services (Executive Order 12849). ___ (18) (i) 52.225-21, Buy American Act -- North American Free Trade Agreement Implementation Act -- Balance of Payments Program (41 U.S.C 10, Public Law 103-187). ___ (ii) Alternate I of 52.225-21. ___ (19) 52.239-1, Privacy or Security Safeguards (5 U.S.C.552a). ___ (20) 52.247-64, Preference for Privately Owned U.S. -- Flag ommercial Vessels (46 U.S.C.1241). (c) The Contractor agrees to comply with the FAR clauses in this paragraph (c), applicable to commercial services, which the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executiveorders applicable to acquisitions of commercial items or components: (Contracting Officer check as appropriate.) _X_ (1) 52.222-41, Service Contract Act of 1965, As Amended (41 U.S.C.351, et seq.). ___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires(29 U.S.C.206 and 41 U.S.C.351, et seq.). ___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (29 U.S.C.206 and 41 U.S.C.351, et seq.). ___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (29 U.S.C.206 and 41 U.S.C. 351, et seq.). _X_ (5) 52.222-47, SCA Minimum Wages and Fringe Benefits Applicable to Successor Contract Pursuant to Predecessor Contractor Collective Bargaining Agreement (CBA) (41 U.S.C.351, et seq.). (d) Comptroller General Examination of Record. The Contractor agrees to comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until three (3) years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) or (d) of this clause, the Contractor is not required to include any FAR clause, other than those listed below (and as may be required by an addenda to this paragraph to establish the reasonableness of prices under Part 15), in a subcontract for commercial items or commercial components -- (1) 52.222-26, Equal Opportunity (E.O.11246); (2) 52.222-35, Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era (38 U.S.C.4212); (3) 52.222-36, Affirmative Action for Workers with Disabilities (29 U.S.C.793); and (4) 52.247-64, Preference for Privately-Owned U.S.- Flag Commercial Vessels (46 U.S.C.1241) (flow down not required for subcontracts awarded beginning May 1, 1996). 52.212-3, OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (JAN 1997) as completed by the offeror are hereby incorporated by reference. YEAR 2000 COMPLIANCE (MAY 1998) (a) Definition: "Year 2000 compliant," as used in this clause, means that the information technology (hardware, software and firmware, including embedded systems or any other electro-mechanical or processor-based systems used in accordance with its associated documentation) accurately processes date and date-related data (including, but not limited to, calculating, comparing, and sequencing) from, into, and between the twentieth and twenty-first centuries, and the years 1999 and 2000 and leap year calculations, to the extent that other information technology, used in combination with the information technology being acquired, properly exchanges date and date-related data with it. (b) Any information technology provided, operated and/or maintained under this contract is required to be Year 2000 compliant. In addition, the Contractor shall provide documentation describing how the acquired items or services demonstrate Year 2000 compliance, consisting of: [List required documentation commensurate with the complexity of the information technology being acquired, e.g., standard product literature or test reports for commercial items, test procedures, and/or certification for complex systems.] (c) The Contractor warrants that any information technology items or services provided under this contract that involve the processing of date and date-related data are Year 2000 compliant. If the contract requires that specific listed products must perform as a system in accordance with the foregoing warranty, then that warranty shall apply to those listed products as a system. (d) The duration of this warranty and the remedies available to the Government for breach of this warranty shall be defined in, and subject to, the terms and limitations of the Contractor's standard commercial warranty or warranties contained in this contract (including paragraph (c) of this clause), provided that notwithstanding any provision to the contrary in such commercial warranty or warranties, the remedies available to the Government under this warranty shall, at a minimum, include repair or replacement of any provided item or service whose non-compliance is discovered and made known to the contractor in writing within 90 days after acceptance. Nothing in this warranty shall be construed to limit any rights or remedies the Government may otherwise have under this contract with respect to defects other than Year 2000 performance. Questions regarding this acquisition must be submitted in writing no later than 4PM COB PST June 7, 1999. Award will be based upon overall best value to the Government, with consideration given to the factors of proposed technical merits, price and past performance; other critical requirements (i.e., delivery) if so stated in the RFQ will also be considered. Unless otherwise stated in the solicitation, for selection purposes, technical, price and past performance are essentially equal in importance. It is critical that offerors provide adequate detail to allow evaluation of their offer (see FAR 52.212-1(b). Quoters must provide copies of the provision at 52.212-3, Offeror Representation and Certifications -- Commercial Items with their quote. See above for where to obtain copies of the form via the Internet. [OMBUDSMAN STATEMENT IS REQUIRED] An ombudsman has been appointed -- See Internet Note "B". It is the quoter's responsibility to monitor the following Internet site for the release of amendments (if any): http://procurement.nasa.gov/EPS/DFRC/class.html [REPLACE "DFRC" WITH THE DFRC'S ABBREVIATION] Potential quoters will be responsible for downloading their own copy of this combination synopsis/solicitation and amendments (if any). See Note(s) _B_ . Any referenced notescan be viewed at the following URL: http://genesis.gsfc.nasa.gov/nasanote.html Posted 06/03/99 (D-SN338688). (0154)

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