This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice.The solicitation number is SB1341-13-RQ-0641 and is issued as an invitation for bids (IFB), unless otherwise indicated herein.The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-68. The associated North American Industrial Classification System (NAICS) code for this procurement is 334516 with a small business size standard of 500.00 employees.This requirement is a [ Small Business ] set-aside and only qualified offerors may submit bids.The solicitation pricing on www.FedBid.com will start on the date this solicitation is posted and will end on 2013-07-26 15:00:00.0 Eastern Time or as otherwise displayed at www.FedBid.com.FOB Destination shall be Gaithersburg, MD 20899 The DOC National Institute of Standards and Technology requires the following items, Exact Match Only, to the following: LI 001: One year rental of a Surphaser IR_X 3-D laser scanner to include a one year service and recalibration warranty. The scanner shall have a recent calibration. Specifically, scanner shall be calibrated immediately before shipping to NIST (supported by evidence of a calibration report) or be calibrated on NIST site in NIST laboratory (preferred). Scanner shall be the current model that is manufactured no earlier than serial number BS-SCHSx025861, 1, EA; Solicitation and Buy Attachments ***Question Submission: Interested offerors must submit any questions concerning the solicitation at the earliest time possible to enable the Buyer to respond. Questions must be submitted by using the 'Submit a Question' feature at www.fedbid.com. Questions not received within a reasonable time prior to close of the solicitation may not be considered.*** For this solicitation, DOC National Institute of Standards and Technology intends to conduct an online competitive reverse auction to be facilitated by the third-party reverse auction provider, FedBid, Inc. FedBid has developed an online, anonymous, browser based application to conduct the reverse auction. An Offeror may submit a series of pricing bids, which descend in price during the specified period of time for the aforementioned reverse auction. DOC National Institute of Standards and Technology is taking this action in an effort to improve both vendor access and awareness of requests and the agency's ability to gather multiple, competed, real-time bids.All responsible Offerors that respond to this solicitation MUST submit the pricing portion of their bid using the online exchange located at www.FedBid.com. There is no cost to register, review procurement data or make a bid on www.FedBid.com.Offerors that are not currently registered to use www.FedBid.com should proceed to www.FedBid.com to complete their free registration. Offerors that require special considerations or assistance may contact the FedBid Helpdesk at 877-9FEDBID (877-933-3243) or via email at
[email protected]. Offerors may not artificially manipulate the price of a transaction on www.FedBid.com by any means. It is unacceptable to place bad faith bids, to use decoys in the www.FedBid.com process or to collude with the intent or effect of hampering the competitive www.FedBid.com process.Should offerors require additional clarification, notify the point of contact or FedBid at 877-9FEDBID (877-933-3243) or
[email protected] of FedBid: Buyers and Sellers agree to conduct this transaction through FedBid in compliance with the FedBid Terms of Use. Failure to comply with the below terms and conditions may result in offer being determined as non-responsive. Contracting Officer's Authority. The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price. In addition to providing pricing at www.FedBid.com for this solicitation, each offeror must provide any required, NON-PRICING responses (e.g. technical proposal, representations and certifications, etc.) directly to the point of contact in the FBO notice, so that they are received at that email address no later than the closing date and time for this solicitation. The selected Offeror must comply with the following commercial item terms and conditions. FAR 52.212-1, Instructions to Offerors - Commercial, applies to this acquisition. The selected Offeror must submit a completed copy of the provision at 52.212-3, Offeror Representations and Certifications - Commercial Items. FAR 52.212-4, Contract Terms and Conditions - Commercial Items, applies to this acquisition. FOB Destination delivery terms are requested, and shall take place in accordance with Contractor's commercial schedule. The contractor shall deliver line item 0001 to NIST, Building 301, Shipping and Receiving, Gaithersburg, MD 20899-1640. This is a brand name only requirement. NIST is currently working on a project to develop tests to evaluate the performance of the brand name scanner. This is the scanner that is currently deployed at a research partners facility and is the same model and brand that NIST currently owns and procured for this investigation. As part of this research NIST needs to evaluate several scanners of the same model in order to charachterize the performance of this specific model scanner. Award shall be made to the lowest priced, technically acceptable quoter. The Government will evaluate quotations based on the following evaluation criteria: 1) Technical Capability factor ?Meeting or Exceeding the Requirement,? and 2) Price. 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 for the brand name only. Quotes shall include the manufacturer, make and model of the products, manufacturer sales literature or other product literature which addresses all specifications, and CLEARLY DOCUMENTS that the offered product meets the brand name only requirement. Price: Price shall be evaluated for reasonableness. Provisions 52.212-1, Instructions to Offerors-Commercial Items 52.212-3 Offeror Representations and Certifications-Commercial Items 52.225-18, Place of Manufacture; 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. 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. 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; 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment; 52.219-6, Notice of Total 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; 52.222-35, Equal Opportunity for Veterans; 52.222-36, Affirmative Action for Workers with Disabilities; 52.222-37, Employment Reports on Veterans; 52.223-18, Contractor Policy to Ban Text Messaging While Driving; 52.225-I Buy American Act ? Supplies; 52.225-13, Restriction on Certain Foreign Purchases; 52.225-25, Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran; 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration. 52.247-34, FOB Destination 1352.201-70, Contracting Officer's Authority 1352.209-73, Compliance With the Laws 1352.246-70, Place of Acceptance 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. A one year service and recalibration warranty is required.