Fourier-Transform Infrared Spectrometer (FTIR) System

The purpose of this amendment is to release answers to questions included in the attachment. All other terms and provisions remain unchanged.(i)     This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 as supplemented with additional information included in this notice.  This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. (ii)     The solicitation number is AMD-TC-RQ-22-01938 and the solicitation is issued as a Request for Quotation (RFQ), with no set-aside restriction appliable. This acquisition is for a commercial item or service and is conducted under the authority of the Federal Acquisition Regulation (FAR) Part 13—Simplified Acquisition Procedures and FAR Part 12—Acquisition of Commercial Items. A Fixed-Price type of Purchase Order contract is contemplated for any resulting contract entered into as a result of this solicitation.     (iii)

    The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Regulation (FAR) Federal Acquisition Circular (FAC) Number/Effective Date: 2022-06 / 5-26-2022.(iv)     The North American Industry Classification System (NAICS) code for this procurement is 334516 – Analytical and Laboratory Instrument Manufacturing with the small business size standard of 1000 Employees. No Set-Aside restriction is applicable. (v)    Specifications: See attached Statement of Need document.  (vi)    The provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference (Feb 1998), applies to this acquisition. This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at these addresses:https://www.acquisition.gov/?q=browsefar http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl (End of provision) The following provisions apply to this acquisition and are incorporated by reference:• FAR 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation• FAR 52.204-7, System for Award Management• FAR 52.204-16, Commercial and Government Entity Code Reporting• FAR 52.204-17, Ownership or Control of Offeror• FAR 52.204-20, Predecessor of Offeror• FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment• FAR 52.204-26, Covered Telecommunications Equipment or Services-Representation• FAR 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation• FAR 52.212-1, Instructions to Offerors-Commercial Items• FAR 52.212-3, Offeror Representations and Certifications-Commercial Items• FAR 52.225-25, Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to IranThe clause at FAR 52.252-2, Clauses Incorporated by Reference, applies to this acquisition. This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:https://www.acquisition.gov/browse/index/far      http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl (End of clause)    Instructions to Offerors. Responses to this solicitation must include clear and convincing evidence of the offeror’s capability of fulfilling the requirement as it relates to the technical evaluation criteria. Responses to this solicitation must include sufficient information to establish the interested parties’ bona-fide capabilities of providing the product or service. The Contractor shall provide a Firm-Fixed-Price Quotation corresponding to the Part Numbers, Quantity, Model numbers, and Description of the CLINS identified in the attached Statement of Need. All items quoted shall meet the minimum specifications described in this solicitation. Shipping and Delivery cost must be included in the quotation either as a separate line item or contained in the total price of the quote.The price quote shall include: unit price, list price, shipping and handling costs, delivery days after contract award, delivery terms, prompt payment discount terms, F.O.B. Point (Destination or Origin), product or catalog number(s), product description, any warranty or training considerations, and any other information or factors that may be considered in the award decision. Such factors may include special features required for effective program performance, trade-in considerations, probable life of the item selected as compared with that of a comparable item, warranty considerations, maintenance availability, and environmental and energy efficiency considerations.  (vii)    The provision at FAR clause 52.212-2, Evaluation – Commercial Items, applies to this  acquisition. The following is an addendum to 52.212-2. Responses received to this RFQ will be evaluated on the basis of Lowest Price Technically Acceptable (LPTA). Quoters submitting a response must provide a completed Price Quote to be evaluated and considered for award. Price quotes must indicate fixed unit pricing and total cost, including shipping cost and estimated time of delivery after receipt of order, and warranty and training considerations. Responses will be evaluated based on contractor’s ability to meet the government’s minimum specifications stated in this notice and on ability to deliver required supplies timely. Responses to this solicitation must include clear and convincing evidence of the Offeror’s capability of fulfilling the requirement as it relates to the essential government requirements stated in this solicitation. Under the LPTA process, Quoters will be determined to be “technically acceptable” or “technically unacceptable” based on an evaluation of responses against the following factor to determine if, as submitted, the quotation is technically acceptable.(1) Technical Capability:  The Offeror must indicate in its quotation the ability to provide all of the requirements identified in the Statement of Need. The Offeror must indicate in its quotation the ability to meet the delivery requirements (delivery within 90 days ARO). Offerors submitting a quotation with evidence of successfully achieving these two requirements will be determined to be technically acceptable. (viii)    The Offerors to include a completed copy of the provision at FAR clause 52.212-3, Offeror Representations and Certifications-Commercial Items, with its offer. This requirement may be fulfilled by current completion of this provision in www.SAM.gov.     (ix)    The clause at FAR 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition. (x)    The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, applies to this acquisition and is incorporated by reference.The following provisions of FAR clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items are applicable to this solicitation: 52.204-10, Reporting Executive Compensation and First Tier Subcontract Awards 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment52.219-28, Post-Award Small Business Program Rerepresentation52.222-3 Convict Labor52.222-19 Child Labor-Cooperation With Authorities and Remedies52.222-21 Prohibition of Segregated Facilities52.222-26 Equal Opportunity52.222-36 Equal Opportunity for Workers With Disabilities 52.222-50 Combating Trafficking in Persons52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving52.225-1 Buy American Act52.225-13 Restrictions on certain foreign purchases52.232-33 Payment by Electronic Funds Transfer-- System for Award ManagementThe following provisions apply to this acquisition and are incorporated as an attachment, and MUST be completed and submitted with any response to this RFQ:• FAR 52.204-20 Predecessor of Offeror• FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment• FAR 52.204-26, Covered Telecommunications Equipment or Services-Representation• FAR 52.209-5 Certification Regarding Responsibility Matters• FAR 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law• 52.225-2 Buy American CertificateThe following clauses apply to this acquisition and are incorporated by reference:•    FAR 52.204-13, System for Award Management Maintenance•    FAR 52.204-18, Commercial and Government Entity Code Maintenance•    FAR 52-204-19, Incorporation by Reference of Representations and Certifications •    FAR 52.212-4, Contract Terms and Conditions--Commercial Items •    FAR 52.232-39, Unenforceability of Unauthorized Obligations •    FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors [DOC Deviation April 2020](xi)    The provision at CAR 1352.233-70 AGENCY PROTESTS (APR 2010) applies to this acquisition and incorporated in full text:An agency protest may be filed with either (1) the Contracting Officer, or (2) at a level above the Contracting Officer, with the agency Protest Decision Authority. See 64 Fed. Reg. 16,651 (April 6, 1999).Agency protests filed with the Contracting Officer shall be sent to the following address:NIST/ACQUISITION MANAGEMENT DIVISIONATTN: LAUREN ROLLER, CONTRACTING OFFICER100 Bureau Drive, MS 1640Gaithersburg, MD 20899Agency protests filed with the Protest Decision Authority shall be sent to the following address: NIST/ACQUISITION MANAGEMENT DIVISIONATTN: HEAD OF THE CONTRACTING OFFICE (HCO)100 Bureau Drive, MS 1640Gaithersburg, MD 20899A complete copy of all agency protest, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority.Service upon the Contract law Division shall be made as follows:U.S. Department of CommerceOffice of the General CounselChief, Contract Law DivisionRoom 5893Herbert C. Hoover Building14th Street and Constitution Avenue, N.W.Washington, D.C. 20230FAX: (202) 482-5858(End of Provision)(xii)    The provision at CAR 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010) is applicable to this solicitation and incorporated in full text. (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 CommerceOffice of the General CounselChief, Contract Law DivisionRoom 5893Herbert C. Hoover Building14th Street and Constitution Avenue, N.W.Washington, D.C. 20230.FAX: (202) 482-5858(End of Provision)(xiii)    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(a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract. (b) The place of acceptance will be:100 Bureau Drive, Gaithersburg, MD. 20899NIST LOCAL 54 – BILLING INSTRUCTIONSNIST requires that Invoice/Voucher submissions are sent electronically via email to INVOICE@NIST.GOV.Each Invoice or Voucher submitted shall include the following: (1) Contract number;(2) Contractor name and address;(3) Unique entity identifier (see www.sam.gov for the designated entity for establishing unique entity identifiers);(4) Date of invoice;(5) Invoice number;(6) Amount of invoice and cumulative amount invoiced to-date;(7) Contract Line Item Number (CLIN);(8) Description, quantity, unit of measure, unit price, and extended price of supplies/services delivered;(9) Prompt payment discount terms, if offered; and(10) Any other information or documentation required by the contract.(End of Clause)NIST LOCAL-53 Contract Performance During Changes in NIST Operating Status All contractors performing work on active contracts at the U.S. Department of Commerce(DOC), National Institute of Standards and Technology (NIST) campuses and/or working in NIST workspaces should go  to the www.nist.gov website and under the “About NIST” tab click on “Visit”. This site includes information about campus access and security information; identification requirements; parking information and more. Contractor personnel are required to check the appropriate campus operating status and personnel requirements at https://www.nist.gov/campus-status daily prior to arriving on site. All personnel must adhere to the requirements set forth in the operating status.  Unless otherwise stated in the contract terms and conditions, normal days of business operation are Monday through Friday, excluding Federal Holidays. However, throughout the contract period of performance, there may be circumstances beyond the control of NIST that will impact normal days of business operation such as inclement weather, power outages, etc. In circumstances such as these, the Contractor must call the appropriate NIST campus status line to verify the operating status:Gaithersburg Campus Operating Status Line: (301) 975-8000(800) 437-4385 x8000 (toll free)Boulder Campus Operating Status Line: (303) 497-4000 (303) 497-3000 option 2In the event of a lapse in appropriation, access to Government facilities and resources, including equipment and systems will be limited to excepted personnel for both Federal employees and contractor personnel. If performance of the contract is onsite and/or requires Government interaction, unless the contractor has been, or is notified that it is required to work under an excepted status, the contractor must stop work. The work stoppage shall remain in effect until the lapse is resolved and notification is provided via the NIST website at www.nist.gov (banner on front page) and/or the NIST operating status line(s). Additionally, contractors are encouraged to monitor public broadcasts or the Office of Personnel Management’s website at www.opm.gov for the Federal Government operating status.NIST will provide notification to all contractors that are determined to have excepted status. All excepted contractors are required to continue performance and communicate with the appointed Contracting Officer’s Representative (COR) for further guidance, or NIST Contracting Officer if a COR is not appointed.Contractors with active supply or service contracts that are fully funded at the time of contract award and do not require access to Government facilities, resources, or active administration by Government personnel in a manner that would not cause the Government to incur additional obligations during the lapse in appropriation may continue performance.Please note that in all circumstances that impact operations on the NIST campuses, contractors are expected to follow all direction and guidance provided by NIST authorities.(xiv)    The following additional contract requirement(s) or terms and conditions as determined by the contracting officer are necessary for this acquisition and consistent with customary commercial practices. There are no additional contract requirement(s) or terms and conditions applicable to this acquisition.(xv)    The Defense Priorities and Allocations System (DPAS) are not applicable to this requirement. (xvi)    The SAM Universal Entity Identification (UEI), the Taxpayer Identification Number (TIN), and the certification of business size must be included in the response. All offerors must have an active registration in the System for Award Management (SAM) at www.sam.gov. (xvii)    Offerors must submit all questions concerning this solicitation in writing to hunter.tjugum@nist.gov.  Questions should be received no later than five (5) calendar days after the issuance date of this solicitation. 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.  (xviii)    All responses must be received no later than the date specified in this announcement. Late responses will not be accepted. All responses must reference the subject solicitation number. Responses must be submitted electronically to hunter.tjugum@nist.gov. Facsimile responses will not be accepted. For information regarding this solicitation, contact Hunter Tjugum, Contract Specialist, by email at hunter.tjugum@nist.gov or by phone at 301-975-2015.