BRAND NAME ONLY: Thomson Linear Bearings

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 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 2005-82, EFFECTIVE JUNE 8, 2015. 1352.215-72 INQUIRIES (APR 2010) Offerors must submit all questions concerning this solicitation in writing to the Contracting Officer. 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, 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 332991 with a small business size standard of 750 employees. This requirement is unrestricted and all interested Contractors may submit a quotation. *** The National Institute of Standards and Technology is seeking to purchase the following, with the included Salient Characteristics: Line Item 0001: Sixteen (16) THOMSON LINEAR BEARI-RW16S (Roundway Bearing), which meet the following characteristics: 1. Nominal diameter of 1 inch; 2. Travel speed up to 100ft/s 3. Dynamic load capacity of 3,020lbs. Line Item 0002: Sixteen (16) THOMSON LINEAR BEARI-RW16V (Roundway Bearing), which meet the following characteristics: 1. Nominal diameter of 1 inch; 2. Travel speed up to 100ft/s 3. Dynamic load capacity of 4,300lbs. Brand Name Only Justification: The NIST Neutron Physics group requires Thomson bearings to align components on the Cold Neutron Imaging Instrument (CNII) rail system. The rail system has been designed around the use of 1" Thomson rail. The CNII system has been designed and fabricated to use Thomson rails. As the rail design is proprietary to Thomson Industries, only the Thomson Railway bearings are compatible with the system. Use of other bearings would require costly reengineering and refabrication of the mechanical components that have already been engineered, fabricated and installed to attach the Thomson rails to the facility. NIST cites authority of FAR subpart 13.106(1)(b) as primary rationale for Brand Name Only Determination. ***Line item 0001 is a BRAND NAME ONLY requirement. Sixteen (16) THOMSON LINEAR BEARI-RW16S (Roundway Bearing), Product Number THOM_RW16S, Single Type. All Items must be new. Used or remanufactured equipment will not be considered for award. ***Line item 0002 is a BRAND NAME ONLY requirement. Sixteen (16) THOMSON LINEAR BEARI-RW16V (Roundway Bearing), Product Number THOM_RW16V, Dual Type. All Items must be new. Used or remanufactured equipment will not be considered for award. ***All interested Contractors shall provide a quote for the following: Line Item 0001: Sixteen (16) Thomson Linear Beari-RW16S, Single Type. Line Item 0002: Sixteen (16) Thomson Linear Beari-RW16V, Dual Type. Warranty Contractor shall provide standard commercial warranty. Delivery FOB Destination delivery terms are requested, and shall take place no later than 10 weeks after 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 line items 0001 and 0002 to NIST, Building 301, Shipping and Receiving, Gaithersburg, MD 20899-1640. 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://acquisition.gov/comp/far/index.html. Provisions 52.204-7, System for Award Management 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations - Representation 52.212-1, Instructions to Offerors-Commercial Items 52.212-3 Offeror Representations and Certifications-Commercial Items 52.225-18, Place of Manufacture 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activites or Transactions Relating to Iran - Representation and Certifications 52.203-98, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements-Representation (DEVIATION 2015-02) Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements-Representation (FEB 2015) (a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (End of provision) Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2015) (1) In accordance with Sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by the Consolidated and Further Continuing Appropriations Act, 2015 funding 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, where an awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government, or (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, where the awarding agency is aware of the unpaid 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 agreement with the authority responsible for collecting the tax liability. (End of provision) Offerors shall 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. 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: 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) 52.204-13, System for Award Management Maintenance (Jul 2013) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) 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 (Jul 2014); 52.222-50, Combating Trafficking in Persons (Mar 2015) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) 52.225-3 (Alt. I), Buy American-Free Trade Agreements - Israeli Trade Act (Nov 2012) 52.225-13 Restriction on Certain Foreign Purchases; 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) 52.232-40 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (DEVIATION)(AUG 2013) This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small business Subcontractors, dated July 11, 2012, and the extension to that policy provided by OMB Policy Memorandum M-13-15, Extension of Policy to Provide Accelerated Payment to Small Business Subcontractors, dated July 11, 2013. (a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractor to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor. (b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns. (c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. 52.247-34 F.O.B. DESTINATION (NOV 1991) (a) The term "f.o.b. destination," as used in this clause, means- (1) Free of expense to the Government, on board the carrier's conveyance, at a specified delivery point where the consignee's facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and (2) Supplies shall be delivered to the destination consignee's wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including "piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for "heavy or bulky freight." When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee. (b) The Contractor shall- (1)(i) Pack and mark the shipment to comply with contract specifications; or (ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements; (2) Prepare and distribute commercial bills of lading; (3) Deliver the shipment in good order and condition to the point of delivery specified in the contract; (4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract; (5) Furnish a delivery schedule and designate the mode of delivering carrier; and (6) Pay and bear all charges to the specified point of delivery. 52.203-99, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (DEVIATION 2015-02) PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (FEB 2015) (a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect. (c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause. (2) The Government may seek any available remedies in the event the Contractor fails to comply with the provisions of this clause. (End of clause) Assurance by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2015) (1) In accordance with Sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by Consolidated and Further Continuing Appropriations Act, 2015 and subsequent appropriations acts 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, where an awarding agency is aware of the conviction, 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, or (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, where the awarding agency is aware of the unpaid 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) By accepting this award or order, in writing or by performance, the offeror/contractor assures that - (a) The offeror/contractor is not a corporation convicted of a felony criminal violation under a Federal law within the preceding 24 months. (b) The offeror/contractor 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. (End of clause) DEPARTMENT OF COMMERCE ACQUISITION REGULATION (CAR) CONTRACT CLAUSES INCLUDED BY REFERENCE 1352.201-70, Contracting Officer's Authority 1352.209-73, Compliance With the Laws 1352.209-74, Organizational conflict of interest 1352.246-70, Place of Acceptance (APR 2010) (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, 100 Bureau Drive, Gaithersburg, Maryland, 20899 INSTRUCTIONS System for Award Management Registration 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. Offerors shall complete annual representations and certifications on-line at www.sam.gov in accordance with FAR 52.212-3 Offerors Representations and Certifications- Commercial Items. NOTE: If paragraph (j) of the provision is applicable, a written submission is required. Due Date for Quotations Offerors shall submit their quotations so that NIST receives them not later than 5:00 p.m. Eastern Time on July 6, 2015. FAX quotations shall not be accepted. E-mail quotations shall be accepted at contact@example.gov. Please reference the RFQ number in the subject line of email communications. Offerors' quotations shall not be deemed received by the Government until the quotation is entered in the e-mail inbox set forth above. Quotations shall be sent to the National Institute of Standards and Technology, Acquisition Management Division, Attn: Melissa Schroeder, 100 Bureau Drive, Mail Stop 1640, Gaithersburg, MD 20899-1640. All offerors should ensure the RFQ number is visible on the outermost packaging. 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 48 hour (excluding weekends and holidays) prior notice shall be provided to Melissa Schroeder, Contract Specialist on +1 (555) 000-0000. Addendum to FAR 52.212-1, Quotation Preparation Instructions 1) Price Quotation: The offeror shall submit an original and one copy of the completed price schedule. If the quotation is submitted electronically, additional copies are not required. The pricing quotation shall be separate from any other portion of the quotation. The offeror shall propose a firm-fixed-price, preferably FOB Destination, for each CLIN. Contractor shall state warranty coverage. Price quotations shall remain valid for a period of 90 days from the date quotations are due. 2) Technical Quotation: The offeror shall submit an original and one copy of the technical quotation. If the quotation is submitted electronically, additional copies are not required. The technical quotation 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 statement of work by providing a citation to the relevant section of its technical description or product literature. If applicable, evidence that the Offeror is authorized by the original equipment manufacturer to provide the item(s) in the quotation should be included. 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 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. QUOTATION EVALUATION: Evaluation Award shall be made to the firm that provides the lowest priced, technically acceptable quote. Technical acceptability means that the quote meets all of the stated minimum specifications. Price: The Government will evaluate price for reasonableness. 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 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: PATRICK STAINES, CONTRACTING OFFICER 100 Bureau Drive, MS 1640 Gaithersburg, MD 20899 (c) 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 (d) 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. (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: +1 (555) 000-0000 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: +1 (555) 000-0000 (End of clause)