Brand-Name Only for an Instrument Systems absolute UV-vis Spectra Irradiance Measurement System for measuring the irradiance of the SPHERE devices

Active

Contract Opportunity

(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 AMDTCRQ2401284 and the solicitation is issued as a Request for Quotation (RFQ), on a small business set aside 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: 2024-03 / 02-23-2024.

(iv) The North American Industry Classification System (NAICS) code for this procurement is 334513 – Instruments and Related Products Manufacturing for Measuring, Displaying, and Controlling Industrial Process Variables with the small business size standard of 750 Employees. This solicitation is released on a full and open basis with no set-aside restriction. Large- and small- sized businesses are invited to submit a quotation.

(v) Specifications: Please see the attached Requirements document.

(vi) BRAND NAME ONLY JUSTIFICATION: This acquisition is being conducted under the authority of FAR Subpart 13.106(b)(1) allowing the Contracting Officer (CO) to solicit from one source (Including Brand-Name). The Infrastructure Materials Group (IMG) under the Materials and Structural Systems Division (MSSD) at NIST developed the SPHERE (Simulated Photodegradation via High Energy Radiant Exposure), a unique weathering device for measuring accelerated exposure of materials used in infrastructure. The IMG requires, due to compatibility with existing equipment, the CAS140D-157U2B spectroradiometer, manufactured by Instrument Systems, which is located in Germany, and is the only source of supply that can fully achieve this requirement. Specifically, the Application Programming Interface (API) contained in the CAS140D-157U2B spectroradiometer, which is manufactured by Instrument Systems, is required for purposes of compatibility with existing government-owned equipment and must be compatible with results produced from the API of the existing CAS140C model, which was manufactured by Instrument Systems. The API and other software components described in this section must be compatible with the existing instrument setup and the protocols produced from the current custom-based LabVIEW program.

Procuring any other spectroradiometer that is not compatible with the existing spectroradiometer, as described above, will not provide sufficient irradiance data. The degree of effort required to extract the necessary information (particularly that involving unit calibration and stray light factors) would be extremely high to incorporate a different API into NIST’s current software development environment and will inevitably result in significantly more development time than simply migrating data from a spectroradiometer with a compatible API. Therefore, the subject Brand-Name item is the only source available.

(vii) 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.

Quoters submitting a quotation must clearly indicate if the line item or items being offered in their quote is a brand-name item congruent to the brand name item described in this solicitation.

The Contractor shall provide a Firm-Fixed-Price Quotation corresponding to the requirements identified in the attached Statement of Work / Requirements document. All items quoted shall be on a brand-name-only basis meeting the salient characteristics described in this solicitation as the minimum specifications. Shipping and Delivery cost must be included in the quotation either as a separate line item or contained in the total price of the quote.

The price quote shall include unit price, list price, shipping and handling costs, delivery days after contract award, delivery terms, prompt payment discount terms, F.O.B. Point (Destination or Origin), product or catalog number(s), product description, any warranty or training considerations, and any other information or factors that may be considered in the award decision. Such factors may include special features required for effective program performance, trade-in considerations, probable life of the item selected as compared with that of a comparable item, warranty considerations, maintenance availability, and environmental and energy efficiency considerations.

(viii) 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 the basis of Lowest Price Technically Acceptable (LPTA). Quoter’s 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 shipping cost and estimated time of delivery after receipt of order, and warranty and training considerations. Responses will be evaluated based on 1) contractor’s ability to meet the government’s BRAND NAME ONLY REQUIREMENTS stated in this notice and on 2) ability to deliver required supplies timely. Responses to this solicitation must include clear and convincing evidence of the Quoter’s capability of fulfilling the requirement as it relates to the essential government requirements stated in this solicitation. Under the lowest-price technically acceptable (LPTA) process, Quoters’ will be determined to be “technically acceptable” or “technically unacceptable” based on an evaluation of responses against the following factor to determine if, as submitted, the quotation is technically acceptable.

(1) Technical Capability: The Quoter must indicate in its quotation the ability to provide all of the brand name only requirements identified in the Specifications.

(2) Schedule: The Quoter must indicate in its quotation the ability to meet the delivery and schedule requirements detailed in the attached Requirements document (delivery of the entire system within 12 weeks After Receipt of an Order (ARO)).

Respondents that believe that they are manufacturers or authorized resellers of any BRAND-NAME product specified in this announcement must provide, as part of their response: (a) product, catalog, model, and/or part number(s); (b) product description; (c) all relevant information and documentation that the item(s) offered meets the salient physical, functional, or performance characteristics as specified in the purchase description; quantity; price or cost; shipping, handling, and/or installation charges; and delivery date after receipt of order.

(ix) The Quoters to include a completed copy of the provision at FAR clause 52.212-3, Offeror 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.

(xi) 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 are applicable to this solicitation:

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

52.204-27, Prohibition on a ByteDance Covered Application

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

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

52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act, Alternate II.

52.225-13 Restrictions on certain foreign purchases

52.232-33 Payment by Electronic Funds Transfer-- System for Award Management

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

• FAR 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II.

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 52.232-39 Unenforceability of Unauthorized Obligations

• FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors [DOC Deviation April 2020]

(xii) 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 email and mailing address:

NIST/ACQUISITION MANAGEMENT DIVISION

ATTN: LAUREN ROLLER, CONTRACTING OFFICER

100 Bureau Drive, MS 1640

Gaithersburg, MD 20899

Email: Lauren.Roller@nist.gov

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)

(xiii) 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

1352.246-70 – 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.

NIST LOCAL-56 Invoicing Processing Platform-Alternate I

Upon written notice from the contracting officer the following supersedes all other instructions for the submission of payment requests. Accordingly, following written notice payment requests must be submitted electronically through the U.S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable payment request or invoicing instructions, Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

The Contractor must use the IPP website to register, access, and use IPP for submitting payment requests. If not already enrolled, the Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email within three to five business days of the addition of the contract award to IPP. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email: IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting payment requests, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation. Contact the contracting officer for more information on submitting a waiver request.

(End of Clause)

(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 SAM Universal Entity Identification (UEI), the Taxpayer Identification Number (TIN), and the certification of business size must be included in the response. All offerors must have an active registration in the System for Award Management (SAM) at www.sam.gov.

(xvii) Offerors must submit all questions concerning this solicitation in writing to hunter.tjugum@nist.gov. Questions should be received no later than THREE (3) business 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 303-497-3663.

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