Rapid Thermal Processing System

THIS IS A COMBINED SYNOPSIS/SOLICITATION PREPARED IN ACCORDANCE WITH THE FORMAT IN FEDERAL ACQUISITION REGULATIONS (FAR) SUBPART 12.6, AS SUPPLEMENTED WITH ADDITIONAL INFORMATION INCLUDED IN THIS NOTICE. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; THEREFORE A WRITTEN SOLICITATION WILL NOT BE ISSUED. Solicitation number NB686040-13-04672 is issued as a request for quotation (RFQ). This solicitation and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 05-68. The associated North American Industrial Classification System (NAICS) code for this procurement is 334516 - Analytical Laboratory Instrument Manufacturing with a small business size standard of 500 employees. This requirement is being procured as a 100% small business set-aside request. The National Institute of Standards and Technology (NIST) Acquisition Management Division intends to procure a Rapid Thermal Processing System in accordance with the attached Statement of Work Line Item Description Qty Unit Unit Price Total 0001 Rapid Thermal Processing System ___ ___ _______ __________ 0002 Shipping and Handling ___ ___ _______ __________ The requested delivery is 8 weeks ARO, FOB Boulder, CO. 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 52.212-1, Instructions to Offerors-Commercial Items (Jun 2008) 52.212-3 Offeror Representations and Certifications-Commercial Items (Jan 2011) 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. 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. Clauses 52.212-4 Contract Terms and Conditions-Commercial Items (Jun 2010) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items-Commercial Items (Jan 2011) including subparagraphs: 52.204-10, Reporting Executive Compensation (Jul 2010); 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010); 52.219-6, Notice of Total Small Business Set-Aside (Jun 2003); 52.219-28, Post Award Small Business Program Re-representation (Apr 2009); 52.222-3, Convict Labor (Jun 2003); 52.222-19, Child Labor - Cooperation With Authorities And Remedies (Jul 2010); 52.222-21, Prohibition of Segregated Facilities (Feb 1999); 52.222-26, Equal Opportunity (Mar 2007); 52.223-18, Contractor Policy to Ban Text Messaging While Driving (Sep 2010); 52.225-3, Buy American Act - Free Trade Agreements - Israeli Trade Act (Jun 2009) 52.225-13, Restriction on Certain Foreign Purchases (Jun 2008); 52.225-25, Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran (Sep 2010); 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003). Commerce Acquisition Regulations (CAR) 1352.201-70, Contracting Officer's Authority 1352.209-73, Compliance With the Laws 1352.209-74, Organizational Conflict of Interest 1352.213-70, Evaluation utilizing simplified acquisition procedures 1352.215-70, Proposal Preparation 1352.215-72, Inquiries 1352.233-70, Agency Protests 1352.233-71, GAO and Court of Federal Claims Protests System for Award Management (SAM) Registration In accordance with FAR 52.204-99, the awardee must be registered in the System for Award Management (www.sam.gov) prior to award. Refusal to register shall forfeit award. Providing Accelerated Payment to Small Business Subcontractors (DEVIATION)(AUG 2012) 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. (a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors 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 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. CAR 1352.215-70 , Proposal preparation 1) one (1) copy of a quotation which addresses all line items; 2) For the purpose of evaluating technical capability: Technical description and/or product literature which clearly details the manufacturer, make and model of the proposed product(s), addressed all required specifications, and clearly documents that the offered product(s) meet(s) or exceeds the specifications stated herein. 3) Description of commercial warranty; 4) A current copy of the Contractor's price list or catalog pages that contain pricing for the equipment/services defined within the Contractor's quotation; 5) This is an Open-Market 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 will 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 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. NOTE: It is the responsibility of the offeror to acknowledge any amendments made to this solicitation. All amendments will be posted on the Fedbizopps website. CAR 1352.215-72, Inquiries Offerors must submit all questions concerning this solicitation in writing to the Contracting Officer. Questions should be received no later than 12:00 pm MST August 12, 2013. 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 fax number. FAX AND OR PHONE REQUESTS ARE NOT AUTHORIZED AND WILL NOT BE ACCEPTED. CAR 1352.215-75, Evaluation Criteria 1) Technical Capability, Meeting or Exceeding the Requirement 2) Price 3) Delivery date Price shall not be evaluated on quotes that are determined technically unacceptable in accordance with the Technical Capability Evaluation factor. Technical Capability: Evaluation of Technical Capability will be based on the information provided in the quotation. Documentation submitted in the quotation shall be evaluated to determine that the proposed equipment meets or exceeds the Governments minimum required specifications. Price: Price shall be evaluated for reasonableness. A FIRM FIXED PRICE PURCHASE ORDER WILL BE ISSUED TO THE RESPONSIBLE AUTHORIZED OFFEROR WHOSE TECHNICALLY ACCEPTABLE QUOTATION IS DEEMED TO REPRESENT THE LOWEST PRICE.