(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-22-01712 and the solicitation is issued as a Request for Quotation (RFQ) on a full and open competitive basis. 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 / 05-26-2022.
(iv) The North American Industry Classification System (NAICS) code for this procurement is 541690 Other Scientific and Technical Consulting Services with the small business size standard of $16.5 Million. No set-aside restriction is applicable.
(v) Statement of Work: Independently and not as an agent of the Government, the Contractor shall furnish all the necessary services, qualified personnel, material, equipment, and facilities, not otherwise provided by the Government as needed to perform the work statement. See the attached Performance Work Statement for additional detail.
(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 Quoter is cautioned that the listed provisions may include blocks that must be completed by the Quoter and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the Quoter 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 Iran
The 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 Quoters. Responses to this solicitation must include clear and convincing evidence of the Quoter'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 technical quotation must clearly demonstrate that each of the Government's minimum specifications detailed in the Statement of Work have been met.
Price quotations shall be submitted on a firm fixed price basis in accordance with the contract line-item numbering structure identified in this solicitation. Quotations shall be valid for 90 days after solicitation close.
To assist the Government in evaluating firm fixed price quotations, the Quoter shall provide a breakdown of the proposed firm fixed price for each of the required CLINs, which details prices for all products or services required by the SOW in terms of cost of material and labor, to demonstrate how the total firm-fixed price was derived.
CONTRACT LINE-ITEM STRUCTURE:
Responsible Quoters shall provide firm fixed pricing for each of the CLINs detailed below:
CLIN 0001: Fixed-Price Tasks 01-06 in accordance with the attached Statement of Work. Includes completion of all requirements in the SOW.
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 any shipping cost and estimated time of delivery after receipt of order, if applicable. Prices shall be quoted on an itemized basis with a fixed-price pricing structure included for all work to be performed in accomplishing this requirement. The pricing structure quoted shall include a proposed payment schedule based on deliverables.
(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 a Trade-Off Basis.
The award will be made on a competitive best value basis, using tradeoff among price-cost and non-price-cost factors. The Government may elect to award to other than the lowest priced quoter, or other than the quoter with the highest rated non-price-cost quotation. In either case, a tradeoff will be conducted. The government reserves such right of flexibility in conducting the evaluation as necessary to assure an award with the contractor providing the best value to the government. All evaluation factors other than cost or price, when combined, are approximately equally as important as cost or price. However, cost or price may become a critical factor in source selection in the event two or more offers are determined to be essentially equal following the evaluation of all factors other than cost or price.
Each quotation will be evaluated in strict conformity with the evaluation factors, utilizing written critiques. The evaluation will be based upon the demonstrated capabilities of the prospective contractor in relation to the needs of the project as set forth in the RFQ and will use an adjectival evaluation rating scheme based on the following responses:
Excellent (Risk level: Very low); Good (Risk level: Low); Acceptable (Risk Level: Neutral); Marginal (Risk level: High); Unacceptable (Risk level: Very high).
The following factors shall be used to evaluate offers. Technical factors (non-price factors), when combined, are approximately equally as important as cost or price.
(1) Technical Capability: Quotations will be evaluated for demonstrated ability of the Quoter to understand the SOW and requirements, for the evaluated effectiveness of the proposed approach, for ability to identify problems and potential challenges, and ability demonstrate how all contract requirements will be met successfully. Quoters shall provide evidence of sufficient planning to show that the work will be accomplished and how it will be accomplished within time and other constraints specified in the SOW or as applicable. The Quoter shall utilize all available resources to include controlling the execution of assigned activities, tasks, sub-tasks, monitoring progress, status reporting, resolving critical issues and/or mitigating risks and fulfilling all delivery requirements.
(2) Key Personnel:
The Government will evaluate the extent to which the resume submitted for the Quoter's proposed key personnel demonstrates the proposed individual meets or exceeds the minimum qualifications detailed in the Performance Work Statement, and has the appropriate education, qualifications, and experience to efficiently and effectively address requirements in accordance with the Performance Work Statement.
(3) Price. The Government will evaluate offers for award purposes by making a price reasonableness determination. For a price to be reasonable, it must represent a price to the government that a prudent person would pay when consideration is given to prices in the market.
(ix) The Quoters are to include a completed copy of the provision at FAR clause 52.212-3, Quoter Representations and Certifications-Commercial Items, with its offer. This requirement may be fulfilled by current completion of this provision in www.SAM.gov.
(x) The clause at FAR 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition.
(xv) 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 (NOV 2020) are applicable to this solicitation:
52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards
Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment
52.209-6, Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment
52.219-28, Post-Award Small Business Program Rerepresentation
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 Equal Opportunity
52.222-36 Equal Opportunity for Workers With Disabilities
52.222-50 Combating Trafficking in Persons
52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving
52.225-13, Restrictions on certain foreign purchases
52.232-33 Payment by Electronic Funds Transfer-- System for Award Management
52.239-1 Privacy or Security Safeguards
The 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
The following clauses apply to this acquisition and are incorporated by reference:
FAR 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements
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 52.227-17, Rights in Data, Special Works
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 DIVISION
ATTN: LAUREN ROLLER, CONTRACTING OFFICER
100 Bureau Drive, MS 1640
Gaithersburg, MD 20899
Agency protests filed with the 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
A 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 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 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 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 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
1352.237-71 Security Processing Requirements Low Risk Contracts
1352.237-75 Key Personnel
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. 20899
NIST LOCAL 54 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.
(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 2
In 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 Universal Entity Identification (UEI), the Taxpayer Identification Number (TIN), and the certification of business size must be included in the response. All Quoters must have an active registration in the System for Award Management (SAM) at www.sam.gov.
(xvii) Quoters must submit all questions concerning this solicitation in writing to hunter.tjugum@nist.gov. Questions should be received no later than four (4) 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.
