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 WRITTEN SOLICITATION DOCUMENT SHALL NOT BE ISSUED. THE SOLICITATION IS BEING ISSUED USING SIMPLIFIED ACQUISITION PROCEDURES.
This solicitation is a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-58.
The associated North American Industrial Classification System (NAICS) code for this procurement is 334516 with a small business size standard of 500 employees. This requirement is a 100% Small Business Set-Aside.
In accordance with the non-manufacturer rule, the contractor shall be a small business under the applicable size standard and shall provide either its own product or that of another domestic small business manufacturing or processing concern. See FAR 19.102(f) for additional information.
1352.215-72 INQUIRIES (APR 2010)
Offerors must submit all questions concerning this solicitation in writing to both the Contract Specialist ([email protected]) and the Contracting Officer ([email protected]). Questions should be received no later than 7 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.
LINE ITEM 0001: One (1) each, External Cavity Diode Laser
The Contractor shall meet the following minimum specifications:
1. Center frequency: 794,979 nm in vacuum
2. Optical power greater than 120mW
3. Mode-hop-free tuning range at least 15 GHz
4. Optical line width less than 1 MHz
5. DC coupled current modulation bandwidth at least 20 MHz
6. AC coupled current modulation bandwidth at least 300 MHz
7. Anamorphic prism pair for beam ellipticity compensation
8. Optical isolator to prevent optical feedback
Delivery terms shall be FOB Destination. The contractor shall deliver all line items to NIST, Building 301, Gaithersburg, MD 20899.
Evaluation will be based on the following criteria: 1) Technical capability factor "meeting or exceeding the requirement" and 2) Price. Award will be made to the lowest price, technically acceptable quote.
Technical Capability:
Evaluation of Technical Capability will 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.
Price:
Quoted price shall be evaluated for reasonableness.
1352.246-70 PLACE OF ACCEPTANCE (APR 2010)
Inspection will be done at the NIST facility. All minimum specifications must be successfully demonstrated.
The full text of a CAR provision or clause may be accessed electronically at http://farsite.hill.af.mil/vfcara.htm
1352.201-70 Contracting Officer's Authority;
1352.209-73 Compliance with the laws;
1352.209-74 Organizational conflict of interest

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 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 DIVISION
ATTN: TODD HILL, 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, N.W.
Washington, D.C. 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, N.W.
Washington, D.C. 20230.
FAX: (202) 482-5858

The full text of a FAR provision or clause may be accessed electronically at http://acquisition.gov/comp/far/index.html.
The following provisions apply to this acquisition: 52.212-1 Instructions to Offerors-Commercial Items; 52.212-3 Offerors Representations and Certifications- Commercial Items.
Offerors must complete annual representations and certifications on-line at http://orca.bpn.gov in accordance with FAR 52.212-3 Offerors Representations and Certifications- Commercial Items. If paragraph (j) of the provision is applicable, a written submission is required.
The following clauses apply to this acquisition:
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 including subparagraphs:
52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2010)
52.219-6, Notice of Small Business Set-Aside
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, Equal Opportunity;
52.222-36, Affirmative Action for Workers with Disabilities;
52.223-18, Contractor policy to ban text messaging while driving;
52.225-1, Buy America Act-
52.225-13 Restriction on Certain Foreign Purchases;
52.232-33 Payment by Electronic Funds Transfer-Central Contractor Registration. Department of Commerce Agency-Level Protest Procedures Level above the Contracting Officer is also incorporated. It can be downloaded at www.nist.gov/admin/od/contract/agency.htm.
Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a
Felony Conviction Under Any Federal Law (Class Deviation) (March 2012)
1) In accordance with Sections 543 and 544 of Public Law 112-55 Commerce, Justice, Science, and Related Agencies Appropriations Act 2012, Title V (General Provisions) none of the funds made available by that Act may be used to enter into a contract with any corporation that-

a) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

b) 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, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

2) The Offeror represents that, as of the date of this offer-

a) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

b) 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 agreements with the authority responsible for collecting the tax liability.

All quoters shall submit the following:
1) An original and one (1) copy of a quotation which addresses Line Item 0001; 2) An original and one (1) copy of the technical description and/or product literature; 3) An original and one (1) copy of the most recent published price list(s); 4) Country of Origin information for the line item.
Acceptance of terms and conditions (addendum to FAR 52.212-1(b)(11):
This is a Combined Synopsis/Solicitation for equipment as defined herein. The Government intends to award a Purchase Order as a result of this Combined Synopsis/Solicitation that shall include the terms and conditions that are set forth herein. In order to facilitate the award process, ALL quotes shall include a statement regarding the terms and conditions herein as follows:
The offeror shall state "The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition."
OR
The offeror shall state "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)
Please note that 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 shall accept the quoted price. However, the terms and conditions stated herein shall 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.
All quotes shall be received not later than 8:00 AM, EST, on July 2, 2012 at the National Institute of Standards & Technology, Acquisition Management Division, 100 Bureau Drive, Building 301, Room B125, Mail Stop 1640, Gaithersburg, MD 20899-1640, Attn: Prateema Carvajal. Fax quotations shall not be accepted. Email quotations shall be accepted at [email protected]. Offeror's quotations shall not be deemed received by the Government until the quotation is entered into the e-mail address inbox set forth above.
Because of heightened security, FED-EX, UPS, or similar delivery methods are the preferred method of delivery of quotes. If quotes are hand delivered, delivery shall be made on the actual due date through Gate A, and a 24-hour (excluding weekends and holidays) prior notice shall be provided to Prateema Carvajal, 301-975-4390.

 

 

 

Bid Protests Not Available