Procurement of a Polatis Switch

CLASSIFICATION CODE:  66 – Instruments and Laboratory EquipmentTITLE: Procurement of a Polatis SwitchSOLICITATION NUMBER:  1333ND22QNB770542RESPONSE DATE: 12/10/2022 CONTACT POINTS: Brian Jamieson, Contract Specialist, (301) 975-8276         Robert Cowins, Contracting Officer, (301) 975-8335      DESCRIPTION:  The National Institute of Standards and Technology (NIST) has a requirement for equipment to be utilized by the Information Technology Laboratory (ITL) at NIST, Gaithersburg, MD campus.THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIALITEMS PREPARED IN ACCORDANCE WITH THE FORMAT IN FAR SUBPART 12.6-STREAMLINED PROCEDURES FOR EVALUATION AND SOLICITATIONFOR 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 Quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2022-08 dated 09/23/2022.1352.215-72 INQUIRIES (APR 2010)Offerors must submit all questions concerning this solicitation in writing to brian.jamieson@nist.gov. Questions should be received no later than three 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. (End of Provision)The associated North American Industrial Classification System (NAICS) code for this procurement is 334516 - Analytical Laboratory Instrument Manufacturing with a small business size standard of 1000 employees.This is acquisition being solicited using 100% small business set-aside. All offerors shall provide a quotation for the following line items: CLIN 0001: Description: The contractor shall provide Polatis Series 6000 Ultra Secure grade 8x8 Switchin accordance with the incorporated Specifications.QTY: 1Unit of Issue: LOSpecificationsPurposeThe purpose of this acquisition is to obtain a Polatis Series 6000 Ultra Secure grade 8x8 All-Optical Switch, manufactured by Huber+Suhner. The switch will be used to route single and entangled photons around a quantum network testbed on the NIST campus and across the DC-region. The switch will be integrated into the existing infrastructure of the QN testbed at NIST and the infrastructure across the region. The network uses Polatis switches to manage the routing of quantum signals and a unique, NIST built Quantum Network Control Plane has been especially developed to manage this process. This control plane is written specifically for Polatis switches. For this reason, we require a BRAND NAME ONLY switch (manufacturer part number Polatis S-OST-08x08-LA1-HMHNS )Minimum Requirements:The system shall meet or exceed the salient characteristics identified below. All items must be new.  Used or remanufactured equipment will not be considered for award. Experimental, prototype, or custom items will not be considered.  The use of “gray market” components not authorized for sale in the U.S. by the proposer is not acceptable.   All line items shall be shipped in the original manufacturer’s packaging and include all original documentation and software, when applicable.The Contractor shall provide a Firm Fixed Price Quotation for the following CLINS. Contract Line Item 0001: Polatis S-OST-08x08-LA1-HMHNS Optical Switch, quantity one (1), in accordance with the specification requirements identified in the following:Part NumberQuantityDescriptionS-OST-08x08-LA1-HMHNS1Polatis Series 6000 Ultra Secure grade 8x8 SwitchThe product shall be a Polatis Series 6000 Ultra Secure grade 8x8 Switch meeting the following specifications:SMF28 Optical Matrix Switch configured in a 1U high Rack-mount Tray08 Input ports and 08 Output ports (i.e. 8x8 switch),LC/APC connectorsHot Swap Twin Gigabit Ethernet & serial commsMultiprotocol (TL1,SNMP,SCPI,SDN) & secure web GUI control interfaceHot swap dual 100/240VAC power     Delivery:Delivery shall be FOB destination and shall occur within 30 days after contractor receipt of order.  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:Delivery shall be made to the NIST Shipping and Receiving address identified below. The delivery will then be directed to the equipment’s final destination, also identified below.NIST Shipping & Receiving100 Bureau DriveBuilding 301Gaithersburg, MD 20899-0001NIST Final Equipment Destination100 Bureau DriveBuilding 220                                                                                                Gaithersburg, MD 20899-1640           Inspection and 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.The scope of general inspection included:Structural, mechanical, and electrical evaluation of productAn operational evaluation of the fiber attenuatorEvaluation of the system’s performance and software interfacingA visual inspection of the fiber attenuator will be performed by the NIST TPOC to identify defects or any form of indication that the fiber attenuator was damaged during transport to NIST.  The Government shall have sole discretion to require repair or replacement of damaged and/or nonconforming supplies at no cost to the Government.  The Government at any time prior to acceptance shall reject the fiber attenuator due to defects and/or nonconformance. The vendor is responsible for latent defects discovered any time after final inspection.  However, the extent of its liability shall be prorated over the useful life of the fiber attenuator. The place of acceptance shall be:100 Bureau DriveBuilding 220Gaithersburg, MD 20899Ownership (title) of the fiber attenuator shall transfer to NIST upon acceptance.WarrantyThe contractor shall warrant the entire system in accordance with the Original Equipment Manufacturer’s commercial item warranty terms and conditions, to include at minimum parts and labor for 12 months.Payment ScheduleThe Contractor shall be paid, in accordance with Net 30-day payment terms, upon receipt and acceptance of a proper invoice, in accordance with the following schedule:100% after receipt and acceptance of fully delivered system.The Government anticipates inspection will occur upon:After the testing procedures set forth in this document have been completeNOTE:  Partial shipments and partial invoices will not be accepted, unless other-wise requested and accepted by the Contracting Officer prior to award offer. Proposed payment schedules shall be submitted with vendor’s response to the RFQ for consideration. 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://farsite.hill.af.mil/.FAR Provisions52.204-7, System for Award Management52.204-16, Commercial and Government Entity Code Reporting52.204-17, Ownership or Control of Offeror (JUL 2016)52.209-2 Prohibition on Contracting with Inverted Domestic Corporations – Representation52.225-25, Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation52.212-1 Instructions to Offerors - Commercial Items52.212-3 Offeror Representations and Certifications-Commercial Items52.204-20 Predecessor of Offeror (a) Definitions. As used in this provision–“Commercial and Government Entity (CAGE) code” means–(1) An identifier assigned to entities located in the United States and its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or government entity, or(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by NATO’s Support Agency (NSPA) to entities located outside the United States and its outlying areas that DLA Contractor and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as an NCAGE code.“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.(b) The Offeror represents that it □ is or □ is not a successor to a predecessor that held a Federal contract or grant within the last three years.(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):Predecessor CAGE code: ________ (or mark “Unknown”)Predecessor legal name: _________________________(Do not use a “doing business as” name)(End of provision)52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that—(1) 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 an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.(b) The Offeror represents that—(1) 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; and(2) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.52.212-2 Evaluation - Commercial Items (a)            The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:An award will be made to the offeror whose quotation offers the best value to the Government price and other factors considered. The Government will evaluate quotations based on the following evaluation criteria: 1) Technical Capability 2) Past Performance, and 3) Price. All non-price factors, when combined, shall be equally important to price.(b)            Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).(c)            A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer`s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.52.225-1 BUY AMERICAN--SUPPLIES (OCT 2022)(a) Definitions. As used in this clause - Commercially available off-the-shelf (COTS) item - (1) Means any item of supply (including construction material) that is - (i) A commercial product (as defined in paragraph (1) of the definition of "commercial product" at Federal Acquisition Regulation (FAR) 2.101; (ii) Sold in substantial quantities in the commercial marketplace; and (iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and (2) Does not include bulk cargo, as defined in 46 U.S.C.40102(4), such as agricultural products and petroleum products. Component means an article, material, or supply incorporated directly into an end product. Cost of components means - (1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product. Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105. Domestic end product means - (1) For an end product that does not consist wholly or predominantly of iron or steel or a combination of both- (i) An unmanufactured end product mined or produced in the United States; (ii) An end product manufactured in the United States, if- (A) The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Components of unknown origin are treated as foreign. Scrap generated, collected, and prepared for processing in the United States is considered domestic; or (B) The end product is a COTS item; or (2) For an end product that consists wholly or predominantly of iron or steel or a combination of both, an end product manufactured in the United States, if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all the components used in the end product. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the end product and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the end product contains multiple components, the cost of all the materials used in such end product is calculated in accordance with the definition of "cost of components". End product means those articles, materials, and supplies to be acquired under the contract for public use. Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws. Foreign end product means an end product other than a domestic end product. Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign. Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners. Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements. United States means the 50 States, the District of Columbia, and outlying areas. (b) 41 U.S.C. chapter 83, Buy American, provides a preference for domestic end products for supplies acquired for use in the United States. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for an end product that is a COTS item (see PAGE 5 OF 6 1333ND22QNB770542 12.505(a)(1)), except that for an end product that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the end product, excluding COTS fasteners. (c) Offerors may obtain from the Contracting Officer a list of foreign articles that the Contracting Officer will treat as domestic for this contract. (d) The Contractor shall deliver only domestic end products except to the extent that it specified delivery of foreign end products in the provision of the solicitation entitled "Buy American Certificate." (End Of Clause)52.252-1 Solicitation Provisions Incorporated by Reference. 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 this/these address(es):Federal Acquisition Regulation (FAR): www.acquisition.gov/far/  Commerce Acquisition Regulation (CAR): http://www.ecfr.gov/cgi-bin/text-idx?SID=8b5f22b07c12a52e8b29841ad60f1fd9&mc=true&tpl=/ecfrbrowse/Title48/48chapter13.tpl  (End of provision)FAR Clauses FAR 52.252-2 Clauses Incorporated by Reference. 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 this/these address(es): Federal Acquisition Regulation (FAR): www.acquisition.gov/far/  Commerce Acquisition Regulation (CAR): http://www.ecfr.gov/cgi-bin/text-idx?SID=8b5f22b07c12a52e8b29841ad60f1fd9&mc=true&tpl=/ecfrbrowse/Title48/48chapter13.tpl   52.204-13 System for Award Management Maintenance52.204-18, Commercial and Government Entity Code Maintenance52.204-19, Incorporation by Reference of Representations and Certifications 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment  (a) Definitions. As used in this clause—      Covered foreign country means The People’s Republic of China.      Covered telecommunications equipment or services means–           (1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);           (2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);           (3) Telecommunications or video surveillance services provided by such entities or using such equipment; or           (4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.      Critical technology means–           (1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;           (2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-                (i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or                (ii) For reasons relating to regional stability or surreptitious listening;           (3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);           (4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);           (5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or           (6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).      Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.      (b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in Federal Acquisition Regulation 4.2104.      (c) Exceptions. This clause does not prohibit contractors from providing—           (1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or           (2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.      (d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.           (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause                (i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.                (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.      (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.(End of clause)52.212-4 Contract Terms and Conditions—Commercial Items52.232-39 Unenforceability of Unauthorized Obligations52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Deviation Apr 2020)52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (JUL 2020)-- including subparagraphs:52.204-10 - Reporting Executive Compensation and First-Tier Subcontract Awards52.222-3 - Convict Labor52.222-19 - Child Labor - Cooperation with Authorities and Remedies;52.222-21 - Prohibition of Segregated Facilities52.222-36 - Equal Opportunity for Workers with Disabilities52.222-37 - Employment Reports on Veterans52.222-50 - Combating Trafficking in Persons52.223-18 - Encouraging Contractor Policies to Ban Text Messaging While Driving52.232-33 - Payment by Electronic Funds Transfer- System for Award Management(End of clause)Department of Commerce Acquisition Regulation (CAR) clauses. Please view the full text of these clauses at http://www.ecfr.gov/cgi-bin/text-idx?SID=8b5f22b07c12a52e8b29841ad60f1fd9&mc=true&tpl=/ecfrbrowse/Title48/48chapter13.tpl. Commerce Acquisition Regulations (CAR) Provisions and Clauses:CAR ProvisionsCAR 1352.233-70 Agency Protests (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 DIVISIONATTN: KEITH BUBAR, CONTRACTING OFFICER100 Bureau Drive, MS 1640Gaithersburg, MD 20899(c) Agency protests filed with the agency 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 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 Building14th Street and Constitution Avenue, N.W. Washington, D.C. 20230.FAX: (202) 482-5858CAR 1352.233-71 GAO and Court of Federal Claims Protests(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 CAR Clauses1352.201-70 Contracting Officer’s Authority1352.209-73 Compliance with The Laws1352.209-74 Organizational Conflict of InterestNIST Local ClausesNIST LOCAL-53 Contract Performance During Changes in NIST 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 the U.S. Department of Commerce, National Institute of Standards and Technology (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) 497-4000During 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 you have been, or are notified that you are to work under an excepted status, you will automatically enter a temporary work stoppage. The work stoppage shall remain in effect until the lapse is resolved and notification is provided via the NIST website at https://www.nist.gov/ and/or the NIST operating status lines. 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 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 cause the government to incur additional obligations during the lapse in appropriation may continue performance.(End of clause)NIST LOCAL-54 Electronic 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)INSTRUCTIONS:System for Award Management (SAM)In accordance with FAR 52.204-7, offerors are required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. Offerors without active SAM registration will not be considered.Required InformationThe government will not consider any quotation without the information required by this solicitation.Due Date for QuotationsOfferors shall submit their quotations so that NIST receives them not later than 10:00 p.m. Eastern Time, 12/10/2022.  FAX and hard-copy quotations shall not be accepted.  E-mail quotations shall be accepted at brian.jamieson@nist.gov. Offerors’ quotations shall not be deemed received by the Government until the quotation is entered the e-mail address inbox set forth above.   Late quotes will not be accepted.Addendum to FAR 52.212-1, Proposal Preparation Instructions1) Price Proposal: The pricing quotation shall be separate from any other portion of the quotation.  The offeror shall propose a firm-fixed-price for each CLIN. Price quotations shall remain valid for a period of 90 days from the date quotations are due.2) Technical Proposal: The technical proposal shall address the following:Technical Capability: The offeror shall submit a technical description or product literature for the equipment it is proposing, which clearly identifies the manufacturer, make and model.  The offeror must demonstrate that its proposed equipment meets each minimum requirement described in the specifications by providing a citation to the relevant section of its technical description or product literature.  Evidence that the Offeror is authorized by the original equipment manufacturer to provide the item(s) should be included in the quotation if the offeror is not the manufacturer.3) Past Performance: The offeror shall provide past performance information regarding relevant contracts over the past three (3) years with Federal, state, or local governments, or commercial customers. If the offeror intends to subcontract with another firm(s) for part of this requirement, that firm’s past performance information shall also be provided. If the offeror has no relevant past performance, it may include a statement to that effect in its quotation. The government reserves the right to consider data obtained from sources other than those described by the offeror in its quotation. It is recommended that approximately 3-5 contracts be referenced.The description of each contract/order described in this section shall not exceed one half page in length. For each contract/order, the offeror shall provide the following information:Contract number;Description and relevance to solicitation requirements including dollar value;Period of Performance – indicate by month and year the state and completion (or “ongoing”) dates for the contract;Reference Contact – If a non-Government contract, identify the name and address of the client with current telephone number and email address of a point of contact of the client responsible for the contract;Contracting Office – If a Government contract (Federal or state), identify the Procuring Contracting Officer (PCO), Administrative Contracting Officer (ACO), and Contracting Officer’s Representative (COR), and their names, current telephone numbers and email addresses.Problems Encountered – include information regarding information regarding any problems encountered on the contracts described above and corrective actions taken to resolve those problems.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 proposal should 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)Note: 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 proposal 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 proposal.QUOTATION EVALUATION: The Government reserves the right to make an award without discussions based solely upon initial quotations. Therefore, offerors should ensure that their initial quotation constitutes their best offer in terms of both price and the technical solution being proposed.Basis of AwardEvaluation FactorsAn award will be made to the offeror whose quotation offers the best value to the Government price and other factors considered. The Government will evaluate quotations based on the following evaluation criteria: 1) Technical Capability 2) Past Performance, and 3) Price. All non-price factors, when combined, shall be equally important to price.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 minimum requirements. 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.Past Performance: The Government will evaluate the Offeror's past performance information and, if appropriate, its proposed subcontractors' past performance to determine its relevance to the current requirement and the extent to which it demonstrates that the offeror has successfully completed relevant contracts in the past five years.  In assessing the offeror's past performance information, NIST will evaluate the quality, timeliness, and ability to control cost and schedule of the past work.  The Government will evaluate past performance information by contacting appropriate references, including NIST references, if applicable.  The Government may also consider other available information in evaluating the Offeror’s past performance.  The Government will assign a neutral rating if the offeror has no relevant past performance information. Past Performance and Price shall not be evaluated on quotations that are determined technically unacceptable under the Technical Capability Evaluation factor.  Award will be to the lowest priced technically acceptable offer