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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 UNDER FAR PART 13.

The Request for Quotations (RFQ) number is NB184000-24-01396. This synopsis/solicitation constitutes an RFQ and incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2024-03, effective date 02/23/2024.

The associated North American Industrial Classification System (NAICS) code for this procurement is 335999, All Other Miscellaneous Electrical Equipment and Component Manufacturing, with a small business size standard of 500 Employees.

This acquisition is being competed as a 100% small business set aside.

Offerors must submit all questions concerning this solicitation in writing, via email, to both the Contract Specialist, Prateema Carvajal at prateema.carvajal@nist.gov and the Contracting Officer, Monica Brown at monica.brown@nist.gov. Questions should be received no later than five (5) calendar days after the issuance date of this solicitation. 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, the question responses included in the amendment to the solicitation will govern performance of the contract.

Background Information: The Computer Facilities Services Team (CFST), part of the Infrastructure Services Division (ISD/184), provides Computing Facilities Services support for NIST location in Gaithersburg, Maryland. The specified UPS capacitors outlined in this RFQ will be installed in the Gaithersburg facility. The UPS capacitors are due for replacement.

This is a Brand Name Only Requirement to procure Eaton AC and DC oil filled capacitors for an existing Eaton UPS model 9395-550-550-CC. Eaton manages the warranty on the 9395-550-550-CC UPS and its capacitors.

Due to the complex design and concern for safety, Eaton does not allow unauthorized 3rd-party service providers to perform maintenance on Eaton 3-phase UPSs and services cannot be performed without the use of a Service Toolkit (software), authorized by Eaton. The Toolkit and and required training are not made available to technicians who are not direct Eaton employees unless they are expressly under contract with Eaton to provide such services. As such, Eaton Corp is the sole and exclusive service provider for Eaton UPS modules. The capacitor replacement shall be performed by an authorized Eaton service technician, who will then calibrate the UPS to support the capacitors.

This requirement is a 100% small business set aside.

SCHEDULE OF REQUIRED ITEMS: The Contractor shall provide the following the following:

Line Item

Description

0001

Eaton 9395 AC and DC Oil Filled Capacitor Banks, quantity 2 per UPMs installed, 4 total UPMs

0002

Installation, Removal and Disposal of old parts (8-Hours Labor Portal to Portal) Anytime Capacitor Replacement

Scope of Work:

All work shall be performed by an authorized Eaton service engineer. The required maintenance plan includes removal and replacement of four total 9395 AC and DC Oil Filled Capacitor Banks to include the following action items.

• Shut down the UPS

• Remove the panels to access the capacitors

• Disconnect the electrical connections to the old capacitors

• Remove the old capacitors

• Reconnect the electrical connections to the new capacitors

• Re-install the panel to secure access to the capacitors

• Recalibrate the UPS to support the new capacitors by using the Service Toolkit (sofware)

• Ensure new capacitors and UPS are working as it should be per specifications

PERIOD OF PERFORMANCE

Due to NIST safety guidelines, all electrical work done require de-energization of the associated UPS. This work shall be done during off hours (on a Saturday) scheduled in advance with the CFST Team. The date is to be determined with a minimum notice of 60 days to be given by the CFST Team to the customer of this IT equipment. The CFST Team will be working with our customer to come up with a date after the procurement has been awarded and the CFST Team has had the initial kickoff meeting with the awardee of the contract. Since this work will involve a complete outage of the affected computer room and some other IT equipment racks also fed from that specific UPS, the plan is for the CFST Team to work with the customer to shut down on a Friday night, the work will be completed on that designated Saturday by the awardee of this contract, and the associated UPS with its associated IT equipment will be started up on Sunday by the CFST Team and the customer of the IT equipment.

Contractor’s qualifications

The contractor shall be an authorized Eaton service engineer with at least two years of experience working on Eaton 3-phase UPS equipment systems.

Contractor Responsibilities:

As part of the procurement, the contractor is responsible for performing the repairs per the specifications.

Work Precaution Requirements:

• Any damage caused by the Eaton service engineer is the direct responsibility of the contractor.


• In case something breaks during the work, the contractor shall provide replacement spare parts to repair the UPS immediately.

Cleanliness Requirement:

• All debris, clippings, and unused hardware shall be removed from the UPS area when work is complete. The Subject Matter Expert (SME) who is a member of the CFST shall walk the space with the contractor at the end of the day to ensure cleanup is acceptable.


• The work area shall be returned to the same state or cleaner than when the work began.

Inspection, Testing Criteria, and Final Acceptance

The Eaton service engineer is responsible for inspection of all components, installation, testing, and troubleshooting prior to final acceptance. Once the repairs to the UPS is completed, the final acceptance shall be received from the SME.

Any defects encountered after final acceptance will be subject to the manufactures warranty.

Manufactures Warranty

Contractor warrants that the workmanship hereunder shall be free from defects for one (1) year from date of installation. If any replacement part or item of equipment proves defective, Contractor will extend to the customer the benefits of any warranty contractor has received from the manufacturer.

Payment Terms:

The Government will pay after NIST final acceptance, 30 days net.

Delivery requirements:

All deliveries shall take place Monday thru Friday, during normal business hours (8AM – 4 PM). Deliveries will be made to the NIST Gaithersburg campus:

NIST

100 Bureau Drive

Building 225; Room A02

Gaithersburg, Md 20899

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. All Commerce Acquisition Regulations (CAR) clauses may be viewed at http://farsite.hill.af.mil/VFCARA.HTM

Provisions:

52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

52.212-1, Instructions to Offerors-Commercial Items

52.212-2 Evaluation-Commercial Items;

52.212-3, Offeror Representations and Certifications-Commercial Items

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

52.204-26 Covered Telecommunications Equipment or Services-Representation

52.204-29- Federal Acquisition Supply Chain Security Act Orders-Representation and Disclosures

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 this/these address(es): www.acquistions.gov

FAR Clauses:

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

52.204-30 Federal Acquisition Supply chain Security Act Orders-Prohibition

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:

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

52.219-6

52.219-13

Notice of Total Small Business Set-aside

Notice of Set-Aside of Orders

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

52.222-36

Equal Opportunity for Workers with Disabilities;

52.222-50

52.223-18

Combating Trafficking in Persons

Encouraging Contractor Policies to Ban Text Messaging While Driving

52.225-13

Restriction on Certain Foreign Purchases;

52.232-33

Payment by Electronic Funds Transfer-System for Award Management

Commerce Acquisition Regulations (CAR) Clauses:

1352.201-70, Contracting Officer's Authority

1352.209-73, Compliance With the Laws

1352.209-74, Organizational Conflict of Interest

1352.215-72, Inquiries

Offerors shall submit all questions concerning this solicitation in writing to the Contracting Officer. Questions should be received no later than 12:00 pm EST, 5 calendar days prior to submission deadline. 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 e-mail address. FAX AND OR PHONE REQUESTS ARE NOT AUTHORIZED AND WILL NOT BE ACCEPTED.

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 appropriate agency Protest Decision Authority. See 64 FR 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: MONICA BROWN, CONTRACTING OFFICER

100 Bureau Drive, MS 1640

Gaithersburg, MD 20899

(c) Agency protests filed with the agency 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 protests, 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, NW.

Washington, DC 20230

FAX: (202) 482-5858.

(End of clause)

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, NW.

Washington, DC 20230

FAX: (202) 482-5858.

(End of clause)

NIST LOCAL-54 ELECTRONIC 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.

Addendum to Far 52.212-1, Quotation Preparation Instructions:

1. Price Quotation- The Offeror shall propose a firm-fixed-price for all Line Items.


2. Technical Quotation- All offerors shall provide documentation showing that they are authorized resellers or distributors of the product(s) they are proposing or are the Manufacturer. Award will not be made to any offeror without the requested documentation. All quotations shall clearly comply with the Schedule of Required Items.


3. All offerors shall submit the information/documentation required by the provisions in this solicitation.

Quotation Evaluation:

The Government intends to award a purchase order resulting from this solicitation to the lowest price, technically acceptable Offeror. To be technically acceptable, the quotation shall clearly demonstrate compliance with the requirements. The Government will evaluate quotations based on the following evaluation criteria: (1) Technical Capability and (2) Price.

1. Technical Capability

An offeror’s failure to quote all of the products/services listed above may be considered indicative of the offerors lack of understanding of the Government’s requirements and may result in the offer being determined unacceptable. If an evaluation of Non-Acceptable is received, the Offeror will not be considered for Award.

An evaluation of Technically Acceptable / Non-Acceptable will be assigned upon completion of the technical quotation evaluation. Offerors who fail to provide sufficient information (e.g. documentation, specifications, etc.) that clearly demonstrates an ability to meet the Government’s technical specifications will be considered non-acceptable. If an evaluation of Non-Acceptable is received, the Offeror will not be considered for Award. All offerors shall be authorized to sell and service the products they are proposing to the Government, by the original manufacturer(OEM) certified engineers or technicians.

1. Price

Price will be evaluated for reasonableness. Your company is encouraged to discount its rates. If price discounts are offered, identify the percentage of price discount and/or price reduction offered.

The Government does not intend to enter into discussion and may award a purchase order on the basis of initial offers received, without discussions. Therefore, each initial quotation shall contain the offeror’s best terms. Nonetheless, the Government reserves the right to conduct discussions if it is in the best interest of the Government.

Due Date and Response Information

Offerors capable of furnishing the specified replacement in this combined synopsis/solicitation should submit their quote in writing to: Prateema Carvajal electronically at prateema.carvajal@nist.gov. FAX quotations shall not be accepted. Offerors shall submit their quotations so that NIST receives them not later than April 15, 2024, 8:00 am, EST.

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