Closed Solicitation · DEPARTMENT OF COMMERCE
AI Summary
The Department of Commerce is seeking quotations for a high-performance oscilloscope with specific technical requirements, including a minimum bandwidth of 5 GHz and 40 Gigasamples per second. This opportunity is a Request for Quotation (RFQ) under FAR Part 13, and the contract will be awarded based on the Lowest Price Technically Acceptable (LPTA) criteria.
Item Number Supplies/Services Description QTY Unit of Issue Unit Price Amount
0001 Oscilloscope --
1.1 Minimum 5 GHz Bandwidth
1.2 at least 40 Gigasamples per second
1.3 At least 4 channels
1.4 16-bit vertical precision
1.5 Zone triggering for separation of events in time and frequency domain
1.6 Capable of real-time de-embedding
This contract line item should be provided meeting the requirements in the Requirements/Specifications document.
*Offeror may invoice after delivery of the Oscilloscope item number 0001
Shipping is to be included in Firm-Fixed Pricing.
Total Award Value: $
(viii) The provision at FAR 52.212-1, Instructions to Offerors—Commercial Products and Commercial Services (MAR 2023), applies to this acquisition. Addenda to this provision is as follows:
All offerors shall submit their quotations on letterhead to the email address stated herein by the date and time specified herein. All quotations shall contain, at a minimum, the information detailed below. If a quotation is missing any of the elements listed below, the quotation may be deemed to be unacceptable and may not be evaluated further. The Basis of Award is Lowest Price Technically Acceptable (LPTA). NIST will evaluate the lowest-price quotation first and then stop evaluating quotes when NIST has identified the lowest-priced quotation that is technically acceptable.
LPTA:
Submittal Requirements:
The offer shall submit capability documentation which may include a narrative, charts, graphs, tables, drawings, product/installation service literature, and demonstrated authority to provide the necessary items and perform the required services identified in the specification/statement of work. The documentation shall clearly describe, in enough detail, the offeror’s authority, proposed items, resources, and methods to successfully fulfill the requirements including specifications performance capability requirements, delivery secludes, warrantees and all service requirements per the Request for Quote.
52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards
52.219-28, Post Award Small Business Program 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, Equal Opportunity for Workers with Disabilities
52.222-50, Combating Trafficking in Persons
52.223-18, Contractor Policy to Ban Text Messaging While Driving
52.225-1, Buy American - Supplies
52.225-13, Restrictions on Certain Foreign Purchases
52.232-33, Payment by Electronic Funds Transfer
Additional Contract Requirements:
DOC - NIST
325 Broadway Attn: Shipping and Receiving
Boulder, CO 80305
Additional Terms and Conditions:
Provisions –
FAR 52.204-7, System for Award Management
FAR 52.204-16, Commercial and Government Entity Code Maintenance
FAR 52.204-24 – Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services . The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a federal contract. Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".
(d) Representation. The Offeror represents that—
(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—
It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment—
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services—
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment—
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services—
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors
relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(End of provision)
FAR 52.225-2 – Buy American Certificate
(a)
(1) The Offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product and that each domestic end product listed in paragraph (c) of this provision contains a critical component.
(2) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.
(3) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).
(b) Foreign End Products:
(4) The terms “commercially available off-the-shelf (COTS) item,” “critical component,” "domestic end product," "end product," and "foreign end product" are defined in the clause of this solicitation entitled "Buy American-Supplies."
Line-Item No.
Country of Origin
Exceeds 55% domestic content (yes/no)
______________
_________________
_________________
______________
_________________
_________________
______________
_________________
_________________
[List as necessary]
(c) Domestic end products containing a critical component:
Line Item No. ___
[List as necessary]
(d) The Government will evaluate offers in accordance with the policies and procedures of part 25 of the Federal Acquisition Regulation.
(End of provision)
FAR 52.252-1, Solicitation Provisions Incorporated by Reference:
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 http://acquisition.gov/comp/far/index.html
CAR 1352.233-70, Agency Protests
CAR 1352.233-71, GAO and Court of Federal Claims Protests
Clauses –
FAR 52.204-13, System for Award Management Maintenance
FAR 52.204-18, Commercial and Government Entity Code Maintenance
FAR 52.204-21, Basic Safeguarding of Covered Contractor Information Systems
FAR 52.252-2, Clauses Incorporated by Reference:
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 http://acquisition.gov/comp/far/index.html
CAR 1352.201-70, Contracting Officer’s Authority
CAR 1352.209-73, Compliance with the Laws
CAR 1352.209-74, Organizational Conflict of Interest
CAR 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:
DOC-NIST
100 Bureau Drive, building 301 Shipping and Receiving
Gaithersburg, MD 20899-0001
FAR 52.247- 34, FOB Destination
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.
(End of Clause)
52.247-48 FOB Destination-Evidence of Shipment
(a) If this contract is awarded on a free on board (f.o.b.) destination basis, the Contractor-
(1) Shall not submit an invoice for payment until the supplies covered by the invoice have been shipped to the destination; and
(2) Shall retain, and make available to the Government for review as necessary, the following evidence of shipment documentation for a period of 3 years after final payment under the contract:
(i) If transportation is accomplished by common carrier, a signed copy of the commercial bill of lading for the supplies covered by the Contractor’s invoice, indicating the carrier’s intent to ship the supplies to the destination specified in the contract.
(ii) If transportation is accomplished by parcel post, a copy of the certificate of mailing.
(iii) If transportation is accomplished by other than common carrier or parcel post, a copy of the delivery document showing receipt at the destination specified in the contract.
(b) The Contractor is not required to submit evidence of shipment documentation with its invoice.
(End of clause)
NIST LOCAL-39 MARKING/PACKING INSTRUCTIONS
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 quired 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 operations 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 operations 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 appropriates, 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 http://www.nist.gove/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 Officer 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 is a COR is not appointed.
Contractors with active supply or service contracts that are fully funded at the time of the 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 include 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-54 ELECTRONIC BILLING INSTRUCTIONS
Instructions: use in all awards that require electronic submission of invoices.
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.
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.
Attachments:
Attachment 1 – Requirements/Specifications document
OSCILLOSCOPE is a federal acquisition solicitation issued by DEPARTMENT OF COMMERCE. Review the full description, attachments, and submission requirements on SamSearch before the response deadline.
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