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THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS PREPARED IN ACCORDANCE WITH THE FORMAT IN SUBPART 12.6 STREAMLINED PROCEDURES FOR EVALUATION AND SOLICITATION FOR COMMERCIAL ITEMS, AS SUPPLEMENTED WITH ADDITIONAL INFORMATION IN THIS NOTICE. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTES ARE BEING REQUESTED AND A WRITTEN SOLICITATION WILL NOT BE ISSUED.

This solicitation is a Request for Quote RFQ. RFQ number is NB6720602301217. This is a combined synopsis solicitation conducted under FAR 12.6 and 13.5 and procedures from FAR 15 will not be used. This synopsis/solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2022-03 (effective 1/01/2022).

The associated North American Industrial Classification System (NAICS) code for this procurement is 334515 Instrument Manufacturing for Measuring and Testing Electricity and Electrical Signals, which has a size standard of 750 Employees.

This combined synopsis/solicitation is 100% Total Small Business Set-Aside.

Defense Priorities and Allocations Systems (DPAS) and assigned rating is not applicable to this request for quote (RFQ).

Offerors must submit all questions concerning this solicitation in writing, via email, to the Contracting Officer, Lia Arthofer at lia.arthofer@nist.gov .Questions should be received no later than five (5) calendar days after the issuance date of this solicitation. All responses to the 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, the question responses included in the amendment to the solicitation will govern performance of the contract.

Background/Scope:

The National Institute of Standards and Technology (NIST) Radio Fields Technology Division (RF) requires a 40 GHz Vector Signal Generator, this shall be provided in accordance with the specifications/requirements attached herein.

All offerors shall provide a firm fixed price (FFP) quotation for the following line item: (All equipment must be new. Used, refurbished, prototype, or remanufactured will not be considered for award).

Contract Line Item Number (CLIN), QTY, UNIT, UNIT PRICE, APPLICABLE DISCOUNTS, TOTAL

CLIN 0001 –40 GHz Vector Network Analyzer (VNA)

• Frequency output greater than 40 GHz


• Maximum output power greater than +5 dBm


• External I/Q modulation with bandwidth > 1 GHz at 44 GHz


• Extendable to 100 GHz with later purchase

The VNA shall be provided in accordance with the NIST Specifications Document attached.

Additional Contract Requirements

The system shall meet the minimum technical requirements identified below. All line items shall be shipped in the original manufacturer’s packaging and include all original documentation and software, when applicable.

CLIN 0001: Quantity of one (1) 40 GHz Vector Network Analyzer (VNA) identified below:

• Frequency output greater than 40 GHz

• Maximum output power greater than +5 dBm

• External I/Q modulation with bandwidth > 1 GHz at 44 GHz

• Extendable to 100 GHz with later purchase

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.

Inspection and acceptance shall occur within seven (7) business days after receipt of 40 GHz Vector Network Analyzer (VNA) at NIST.

A visual inspection of the VNA will be performed by the NIST TPOC to identify surface defects or any form of indication that the VNA 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 any of the portion of the laser systems due to defects and/or nonconformance. The vendor is responsible for latent defects discovered any time after final inspection.

The place of acceptance shall be:

NIST: Shipping/Receiving

325 Broadway

Boulder, CO 80305

Ownership (title) of all the 40 GHz VNA (as specified above) shall transfer to NIST upon acceptance.

Delivery

Delivery shall be FOB DESTINATION and shall occur not later than (NLT) 4 months ARO.

Delivery shall be FOB destination and shall occur within the vendor’s standard commercial lead time. 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 (in accordance with the specifications document) to:

The National Institute of Standards and Technology

325 Broadway

Boulder, CO 80305

Warranty

The contractor shall be for at least three (3) years and warrant all hardware and to cover parts, labor, and shipping. Warranty shall commence after receipt and acceptance of the equipment and shall be in accordance with terms in FAR 52.212-4.

Payment Schedule

The 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:

1. 100% after receipt and acceptance by the TPOC of fully delivered system.


2. The Government anticipates inspection will occur upon:
   
   
   
   1. After the inspection/acceptance procedures set forth in this document have been complete
   
   
   
   

NOTE: Partial shipments and partial invoices will not be accepted, unless otherwise 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.

52.212-1, Instructions to Offerors – Commercial Items (oct 2016)

And the attached addendum, applies to this acquisition.

The provision at 52.212-2, Evaluation—Commercial Items, as modified applies to this acquisition.

Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications—Commercial Items, with its offer. Offerors shall have an active registration at www.sam.gov .

The clause at 52.212-4, Contract Terms and Conditions—Commercial items, applies to this acquisition.

The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, applies to this acquisition as noted in the attached.

The following addenda has been attached to this provision:

FAR 52.212-1, INSTRUCTION TO OFFERORS-COMMERCIAL ITEMS

Instructions:

Offerors shall submit their quotations so that NIST receives them not later than 2:00 PM Mountain Standard Time on 5/22/2023 FAX quotations shall not be accepted. E-mail quotations shall be accepted at lia.arthofer@nist.gov.

Please reference the RFQ number in the subject line of email communications and packages mailed. Offerors’ quotations shall not be deemed received by the Government until the quotation is entered in the e-mail box set forth above.

Quotation Submission Requirements:

1). Price Quotation:

The offeror shall submit a one (1) original copy of the completed price quotation electronically to lia.arthofer@nist.gov . Pricing quotation shall be separate from any other portion of the quotation. The offeror shall provide a firm-fixed-price, FOB Destination is required, for each CLIN. Price quotations shall remain valid for a period of 90 days from the date quotations are due.

2). Technical Quotation:

The technical quotation shall address the following:

Technical Capability: The offeror shall submit a technical description, product literature, and/or drawings for the system it is proposing, which clearly identifies each requirement listed above. The offeror must demonstrate that its proposed system meets each minimum requirement described above, by providing a citation to the relevant section of its technical description or product literature. The contractor must not simply state they will meet the requirement; evidence must be provided. If applicable, evidence that the Offeror is authorized by the original provider to provide the item(s) in the quotation should be included.

3). Acceptance of RFQ 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 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.

4). The Unique Entity Identifier (UEI number) for the quoter’s active System for Award Management (SAM) registration. Quoters must have an active registration at www.SAM.Gov to receive an award.

5). Quoters shall include a completed copy of the below provisions, “Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2015)” and “Free Trade Agreements Certificate” with their quotation.

FAR 52.212-2, EVALUATION - COMMERCIAL ITEMS (Oct 2014)

The specific evaluation criteria to be included in paragraph (a) of that provision are as follows:

The Government intends to award a single purchase order (PO) from this solicitation utilizing simplified acquisitions procedures in accordance with FAR part 13. The Government reserves the right not to award a PO and to make an award without discussions based solely upon initial quotes.

EVALUATION CRITERIA:

An award shall be made to the offeror whose quotation is deemed to be the Lowest Priced Technically Acceptable to the Government. The Government will evaluate quotations based on the following evaluation criteria:

1. For this LPTA procurement, NIST will evaluate quotations as follows: NIST will evaluate the lowest price quotation to determine if it is technically acceptable. If the quotation is technically acceptable, then NIST will not evaluate any other quotations and will make award to the lowest price technically acceptable offeror. If the lowest price quotation is not technically acceptable, then NIST will evaluate the next lowest quotation to determine if it is technically acceptable, etc. Once NIST identifies the lowest price technically acceptable quotation, no other higher price quotations will be evaluated. The Contracting Officer will make an award to the offeror based on the lowest price technically acceptable quotation, and no other higher price quotations will be evaluated.

2. Price: Price will be evaluated for reasonableness. A price realism analysis will not be conducted.

PROVISIONS AND CLAUSES:

The following provisions and clauses apply to this acquisition. Those incorporated by reference may be found at the following:

All Federal Acquisition Regulation (FAR) clauses may be viewed at:

https://www.acquisition.gov/browse/index/far .

All Commerce Acquisition Regulation (CAR) clauses and provisions can be accessed at:

https://www.acquisition.gov/car .

Provisions

In accordance with FAR 52.204-7, the awardee must be registered in the system for award management (www.sam.gov) prior to award. Refusal to register shall forfeit award. *

52.204-13 -- System for Award Management Maintenance (Oct 2018)

52.204-18 -- Commercial and Government Entity Code Maintenance (Aug 2020)

52.204-16 -- Commercial and Entity Code Reporting (Aug 2020)

(a) Definition. As used in this provision –

Commercial and Government Entity (CAGE) code means–

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

(b) The Offeror shall provide its CAGE code with its offer with its name and location address or otherwise include it prominently in its proposal. The CAGE code must be for that name and location address. Insert the word "CAGE" before the number. The CAGE code is required prior to award.

(c) CAGE codes may be obtained via–

(1) Registration in the System for Award Management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Commercial and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).

(2) The DLA Contractor and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the Offeror does not otherwise register in SAM, an Offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at https://cage.dla.mil.

(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity's country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx if the foreign entity’s country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus, as well as additional information on obtaining NCAGE codes, are available at http://www.nato.int/structur/AC/135/main/links/contacts.htm.

(d) Additional guidance for establishing and maintaining CAGE codes is available at https://cage.dla.mil.

(e) When a CAGE code is required for the immediate owner and/or the highest-level owner by Federal Acquisition Regulation (FAR) 52.204-17 or 52.212-3(p), the Offeror shall obtain the respective CAGE code from that entity to supply the CAGE code to the Government.

(f) Do not delay submission of the offer pending receipt of a CAGE code.

(g) If the solicitation includes FAR clause 52.204-2, Security Requirements, a subcontractor requiring access to classified information under a contract shall be identified with a CAGE code on the DD Form 254. The Contractor shall require a subcontractor requiring access to classified information to provide its CAGE code with its name and location address or otherwise include it prominently in the proposal. Each location of subcontractor performance listed on the DD Form 254 is required to reflect a corresponding unique CAGE code for each listed location unless the work is being performed at a Government facility, in which case the agency location code shall be used. The CAGE code must be for that name and location address. Insert the word "CAGE" before the number. The CAGE code is required prior to award.

(End of provision)

52.212-3 Offeror Representations and Certifications -- Commercial Items (Feb 2021)

The Offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www/sam/gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

52.225-1, Buy American-Supplies (Jan 2021)

CLAUSES:

52.204-13 – System for Award Management Maintenance. (Oct 2018) 52.212-4 – Contract Terms and Conditions-Commercial Items (Oct 2018)

52.232-40 – Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

52.212-5 – Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. (Jan 2021)

-52.204-10 – Clause Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020)

-52.209-6 – Protecting the Government’s interest When Subcontracting with Contractor’s Debarred, Suspended, or Proposed for Debarment (Jun 2020) (31 U.S.C. 6101 note).

-52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637 (d) (2) and (3))

-52.219-28 – Post Award Small Business Program Representation (Nov 2020) (15 U.S.C. 632(a)(2)).

-(ii) Alternate I (Mar 2020) of 52.219-28

-52.222-3, Convict Labor (Jun 2002) (E.O. 11755).

-52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2020) (E.O 13126).

-52.222-21, Prohibition of Segregated Facilities (Apr 2015)

-52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246)

-52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212)

-52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793)

-52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212) -52.222-50, Combatting Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O. 13627)

-52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Jun 2020) (E.O.13513)

-52.225-1, Buy American-Supplies (JAN 2021)

-52.225-2, Buy American Certificate (FEB 2021)

-52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act--Alternate II (JAN 2021) -52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553) -52.233-4, Applicable Law for Breach of Contract Claim

-52.232-33, Payment by Electronic Funds Transfer – System for Award Management (Oct 2018) (31 U.S.C. 3332)

(End of clause)

The following provisions and clauses apply to this acquisition and are hereby incorporated by reference. All CAR clauses may be viewed at https://www.acquisition.gov/car

1352.201-70 – Contracting Officers Authority (Apr 2010)

1352.209-73 – Compliance with the Laws (Apr 2010)

1352.233-70 – Agency Protests (Apr 2010)

1352.233-71 – GAO and Court of Federal Claims Protest (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:

NIST: Shipping/Receiving

325 Broadway

Boulder, CO 80305

1352.237-71 -- Security Processing Requirements – Low Risk Contracts (Apr 2010)

(a) Investigative Requirements for Low Risk Contracts. All contractor (and subcontractor) personnel proposed to be employed under a low risk contract shall undergo security processing by the Department’s Office of Security before being eligible to work on the premises of any Department of Commerce owned, leased, or controlled facility in the United States or overseas, or to obtain access to a Department of Commerce IT system. All Department of Commerce security processing pertinent to this contract will be conducted at no cost to the contractor.

(b) Investigative requirements for Non-IT Service contracts are:

(1) Contracts more than 180 days – National Agency Check and Inquiries (NACI)

NIST LOCAL—-39 Marking/Packing Instructions

(1) if the total contract/order includes multiple quantities of the same of like item(s), segregated as separate CLIN/Item Numbers, deliverables shall be packed accordingly. Each individual package/container in the shipment shall include deliverables on a per-CLIN or Item basis.

(2) For each shipment made under this contract/order, the Contractor shall furnish itemized packing list(s), enumerating the specific contents of each shipping container and what specific individual components constitute a full and complete "unit" for each bid item. The packing list shall include the brief description of each item found in the Schedule. If more than one container is required for each unit, each container should be marked accordingly, e.g., "Box 1 of 2," "Box 2 of 2," and the boxes, where feasible, should be taped or shrink-wrapped together as an

issuable unit.

(3) The contract number AND CONTRACT LINE ITEM NUMBER (CLIN) OR ORDER ITEM NUMBER shall be placed on the exterior of all containers.

(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.

Attachments/Links