THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS PREPARED IN ACCORDANCE WITH THE FORMAT IN FAR SUBPART 12.6-STREAMLINED PROCEDURES FOR EVALUATION AND SOLICITATION FOR COMMERCIAL ITEMS-AS SUPPLEMENTED WITH ADDITIONAL INFORMATION INCLUDED IN THIS NOTICE. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTATIONS ARE BEING REQUESTED, AND A SEPARATE WRITTEN SOLICITATION DOCUMENT WILL NOT BE ISSUED. THE SOLICITATION IS BEING ISSUED USING SIMPLIFIED ACQUISITION UNDER FAR PART 13.
The associated North American Industrial Classification System (NAICS) code for this procurement is 519290 Web Searches and Other Information Services Electronic and Precision Equipment Repair and Maintenance, with a small business size standard of 1,000 Employees.
The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2024-01.
Background Information: In 2022, President Joe Biden signed into law the CHIPS and Science Act of 2022, which provides the Department of Commerce (DOC) with $50 billion for programs to support semiconductor research, development, and manufacturing while also investing in American workers. These programs seek to restore U.S. leadership in semiconductor manufacturing by providing incentives and encouraging investment to expand the domestic manufacturing capacity necessary to produce the most advanced semiconductors needed for applications in artificial intelligence and high-performance computing, as well as less advanced semiconductors that remain critical components of everything from automobiles to microwave ovens. In addition to major manufacturing investments, these programs will also create a dynamic new center for innovation and research, laying the groundwork for the creation of the next generation industries.
This requirement is a 100% small business set aside.
The Contractor shall provide Market Research Subscription services in accordance with the Statement of Work and sample formats for Foundry and China Semiconductor report samples.
Line Item
Description
# of Licenses
Period of performance
0001
See Statement of Work
20
12/10/2023-12/09/2024
1001
IAW FAR 52.217-6 Option for Increased Quantity
5
12/10/2023-12/09/2024
0002
See Statement of Work
20
12/10/2024-12/09/2025
2001
IAW FAR 52.217-6 Option for Increased Quantity
5
12/10/2024-12/09/2025
Period of performances:
Base Year : 12/10/2023-12/09/2024
Option Period 1: 12/10/2024-12/09/2025
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 https://www.acquisition.gov/browse/index/far; All Commerce Acquisition Regulations (CAR) clauses may be viewed at https://www.acquisition.gov/car
FAR Clauses and Provisions:
Provisions:
52.212-1, Instructions to Offerors-Commercial Items
52.212-3, Offeror Representations and Certifications-Commercial Items
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
52.204-26 Covered Telecommunications Equipment or Services-Representation
52.204-27 - Prohibition on a Byte Dance Covered Application
52.217-5- Evaluation of Options
FAR Clauses:
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-Commercial Items including subparagraphs:
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements
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 Debarment.
52.217-6 Option for Increased Quantity Separately Priced Line Item
52.217-8 Option to Extend Services
52.217-9 Option to Extend the Terms of the Contracts
52.219-6
52.219-13
Notice of Total Small Business Setaside
Notice of Set-Aside of Orders
52.219-28
Post Award Small Business Program Re-representation;
52.222-3
Convict Labor;
52.222-19
Child Labor - Cooperation With Authorities And Remedies;
52.222-21
Prohibition of Segregated Facilities;
52.222-26
52.222-35 ,
Equal Opportunity
Equal Opportunity for Veterans
52.222-36
Affirmative Action for Workers with Disabilities;
52.222-50
52.223-18
52.225-3
Combating Trafficking in Persons
Encouraging Contractor Policies to Ban Text Messaging While Driving
Buy American Act-Free Trade Agreements
52.225-13
Restriction on Certain Foreign Purchases;
52.232-33
Payment by Electronic Funds Transfer-System for Award Management
Commerce Acquisition Regulations (CAR) Clauses:
1352.201-70, Contracting Officer's Authority
1352.209-73, Compliance With the Laws
1352.209-74, Organizational Conflict of Interest
1352.215-72, Inquiries
Offerors must submit all questions concerning this solicitation in writing no later than November 23, 2023, 8:00 am, EST. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Requests shall include complete company name, address, telephone and e-mail address. FAX AND OR PHONE REQUESTS ARE NOT AUTHORIZED AND WILL NOT BE ACCEPTED.
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 FR 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: MONICA BROWN, CONTRACTING OFFICER
100 Bureau Drive, MS 1640
Gaithersburg, MD 20899
(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, NW.
Washington, DC 20230
FAX: (202) 482-5858.
(End of clause)
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, NW.
Washington, DC 20230
FAX: (202) 482-5858.
(End of clause)
NIST LOCAL-41, Software Licenses Addendum
a) This Addendum incorporates certain terms and conditions relating to federal procurement actions. The terms and conditions of this Addendum take precedence over the terms and conditions contained in any license agreement or other contract documents entered into between the parties. Governing Law: Federal procurement law and regulations, including the Contract Disputes Act, 41 U.S.C. Section 601 et.seq., and the Federal Acquisition Regulation (FAR), govern the agreement between the parties. Litigation arising out of this contract may be filed only in those having jurisdiction over federal procurement matters. Attorney's Fees: Attorney's fees are payable by the federal government in any action arising under this contract only pursuant to the Equal Access in Justice Act, 5 U.S.C. Section 504. No Indemnification: The federal government will not be liable for any claim for indemnification; such payments may violate the Anti-Deficiency Act, 31 U.S.C. Section 1341(a). Assignment: Payments may only be assigned in accordance with the Assignment of Claims Act, 31 U.S.C. Section 3727, and FAR Subpart 32.8, "Assignment of Claims." Invoices: Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. Section 3903) and Office of Management and Budget (OMB) Circular A-125, Prompt Payment. Patent and Copyright Infringement: Patent or copyright infringement suits brought against the United States as a party may only be defended by the U.S. Department of Justice (28 U.S.C. Section 516). Renewal of Support after Expiration of this Award: Service will not automatically renew after expiration of the initial term of this agreement. Renewal may only occur in accord with (1) the mutual agreement of the parties; or (2) an option renewal clause allowing the government to unilaterally exercise one or more options to extend the term of the agreement.
(End of clause)
NIST LOCAL-54 ELECTRONIC BILLING INSTRUCTIONS
NIST 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.
NIST LOCAL- 56 INVOICING PROCESSING PLATFORM-ALTERNATE I (DEC 2022)
Upon written notice from the contracting officer the following supersedes all other instructions for the submission of payment requests. Accordingly, following written notice payment requests must be submitted electronically through the U.S. Department of the Treasury's Invoice Processing Platform System (IPP).
"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable payment request or invoicing instructions, Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is https://www.ipp.gov.
Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice: ** Insert required documents
The Contractor must use the IPP website to register, access, and use IPP for submitting payment requests. If not already enrolled, the Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email within three to five business days of the addition of the contract award to IPP. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email: IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.
If the Contractor is unable to comply with the requirement to use IPP for submitting payment requests, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation. Contact the contracting officer for more information on submitting a waiver request.
INSTRUCTIONS:
TECHNICAL: The contractor shall provide a detailed written narrative demonstrating their ability to meet all requirements of the Statement of Work and provide a sample format in accordance with the Foundry and China Semiconductor report samples.
System for Award Management (SAM)
In accordance with FAR 52.204-7, the awardee must be registered in SAM (www.sam.gov) prior to award. Refusal or failure to register shall forfeit award.
Required Information
The Government will not consider any quotation without the information required by this solicitation.
Acceptance of Terms and Conditions: This is an open-market solicitation for services/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 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 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.
Addendum to FAR 52.212-1, Quotation Preparation Instructions:
- Price Quotation- The Offeror shall propose a firm-fixed-price for all Line Items.
- The Contractor shall demonstrate a technical understanding by providing a detail written narrative demonstrating their ability to meet all requirements of the Statement of Work and provide a sample Foundry and China Semiconductor report examples.
- All offerors must be authorized to sell the service or products they are proposing to the Government.
- All questions must be submitted in writing via email to prateema.carvajal@nist.gov no later than November 23, 2023, at 8:00 am ET.
- All quotations shall be submitted via email to prateema.carvajal@nist.gov no later than November 28, 2023, at 8:00 am ET. Late quotes will not be accepted.
- All quotations shall indicate the offeror's company DUNS number and CAGE code.
- All offerors shall submit the information/documentation required by the provisions in this solicitation.
Quotation Evaluation:
The Government intends to make a single award to the offeror who is the lowest priced, technically acceptable. A quotation will only be considered technically acceptable if it clearly demonstrates compliance with the solicitation, including the statement of work and Foundry and China Semiconductor report samples, and has quoted a firm-fixed price for each of the required items in the CLIN schedule.
Price
Price will be evaluated for fairness and reasonableness.
The Government does not intend to enter into discussion and may award a purchase order on the basis of initial offers received but reserve the right to do. Therefore, each initial quotation shall contain the offeror's best terms.
