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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 associated North American Industrial Classification System (NAICS) code for this procurement is 811210- Electronic and Precision Equipment Repair and Maintenance, with a small business size standard of $34.0 M.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2023-05

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 that runs 24 X 7 to service the Gaithersburg campus. To support critical IT equipment and applications, an Eaton 9395-550-550-CC UPS and Eaton 9395P-600-900-W8 UPS were installed. Both UPS protect the GCF IT equipment from all power outages, power spikes, and brown outs. CFST is seeking to procure a year of maintenance plus four option years from Eaton Corporation for both UPS to maintain the factory warranty, ensure both UPS and their batteries remain optimally functional, ensure contracted emergency services, to provide repairs, and firmware updates as required.

This requirement is a 100% small business set aside.

This is a Brand Name Only Requirement to procure Eaton factory authorized maintenance and support for both UPS systems and their batteries. All preventive maintenances and inspections must be performed by a certified Eaton UPS technician. 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. Eaton employs a robust staff of factory-trained field technicians to perform preventive and remedial UPS services. These services cannot be performed without the use of a Service Toolkit (software). The Toolkit 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. Service taskorders and contracts may be purchased through Eaton’s Authorized reseller partners. A written report must be provided for each UPS system after completing preventative maintenance and or services. The written report must document the condition, status, and recommendations for each UPS systems. By maintaining our service and maintenance plan with Eaton, it allows for extension of the factory warranty and ensures that we pay reduced costs for parts / labor needed if any work is required by the vendor while annual maintenances are maintained.

The two Eaton UPS model and serial numbers are as follows:

1. Eaton UPS 9395P-600 Serial # ER382BLL01


2. Eaton UPS 9395-450 Serial # ED441BAA01

Requirement:

1. Eaton service plan includes:

Eaton 9395-550-550-CC, VRLA Sealed, 60

Flex: 4 Hour Response, 7x24 Coverage (FL47NXXX-0550)

• After Hours (7x24) w/ Parts & Labor (Eaton Service Technicians only, no non-Eaton technicians are authorized)

• 4 HR Response Time (Eaton Service Technicians only, no non-Eaton technicians are authorized)

• 30% Spare Part Kit and Time and Material Discount (Eaton Discount)

• 2x per term: UPS Preventive Maintenance Business Hours (5x8) (0006NXXX-0550) (Eaton Service Technicians only, no non-Eaton technicians are authorized)

• 2x per term: Sealed Battery Preventive Maintenance, Any Time (0005NSXX200) (Eaton Service Technicians only, no non-Eaton technicians are authorized)

Eaton 9395P-600-900-W8, VRLA Sealed, 120

Flex: 4 Hour Response, 7x24 Coverage (FL47NXXX-0550)

• After Hours (7x24) w/ Parts & Labor (Eaton Service Technicians only, no non-Eaton technicians are authorized)

• 4 HR Response Time (Eaton Service Technicians only, no non-Eaton technicians are authorized)

• 30% Spare Part Kit and Time and Material Discount (Eaton Discount)

• 2x per term: UPS Preventive Maintenance, Business Hours (5x8) (0006NXXX-0550) (Eaton Service Technicians only, no non-Eaton technicians are authorized)

• 2x per term: Sealed Battery Preventive Maintenance, Any Time (0005NSXX060) (Eaton Service Technicians only, no non-Eaton technicians are authorized)

Period of performances:

Base period of performance:

Eaton 9395-550-550-CC VRLA Sealed, 60 is March 30, 2024, through March 29, 2025.

Eaton 9395P-600-900-W8, VRLA Sealed, 120 is June 6, 2024, through March 29, 2025 (Currently under warranty until June 5, 2024 – New installation)

Option year one period: 1 year of service in addition to the Base Period

Option year two period: 1 year of service in addition to the Option year one period

Option year three period: 1 year of service in addition to the Option year two period

Option year four period: 1 year of service in addition to the Option year three period

Inspection, testing criteria, and final acceptance

Eaton must provide a report for each of the following (for the base year and each option period):

• Two semi-annual UPS maintenance reports

• Two semi-annual UPS battery inspection reports

• An Eaton generated site visit report any time Eaton must do a site visit due to an issue with any covered UPS.

Also, if work is required on the UPS, the completed work will be physically inspected.

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 https://www.acquisition.gov/browse/index/far; All Commerce Acquisition Regulations (CAR) clauses may be viewed at https://www.acquisition.gov/car

FAR Clauses and Provisions:

Provisions:

52.212-1, Instructions to Offerors-Commercial Items

52.212-3, Offeror Representations and Certifications-Commercial Items

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

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

52.204-26 Covered Telecommunications Equipment or Services-Representation

52.204-27 - Prohibition on a ByteDance Covered Application

52.217-5 – Evaluation of Options

FAR Clauses:

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

52.204-10 Reporting Executive compensation and first-Tier Subcontract Awards

52.209-6 Protecting the Government’s interest when subcontracting with contractors Debarred, Suspended, or Proposed for Debarment.

52.219-6

52.219-13

Notice of Total Small Business Setaside

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

52.222-35 ,

Equal Opportunity

Equal Opportunity for Veterans

52.222-36

Affirmative Action for Workers with Disabilities;

52.222-50

52.223-18

52.225-3

Combating Trafficking in Persons

Encouraging Contractor Policies to Ban Text Messaging While Driving

Buy American Act-Free Trade Agreements

52.225-13

Restriction on Certain Foreign Purchases;

52.232-33

Payment by Electronic Funds Transfer-System for Award Management

52.217-9 Option to Extend the term of Contract

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 must submit all questions concerning this solicitation in writing no later than October 30, 2023, 8:00 am, EST. 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.

NIST LOCAL- 56 INVOICING PROCESSING PLATFORM-ALTERNATE I (DEC 2022)

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: ** Insert required documents

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.

INSTRUCTIONS:

Quotations must conform to solicitation and be prepared in accordance with this section. To aid in evaluation, the quotation shall be clearly and concisely written as well as being neat, indexed (cross-indexed as appropriate) and logically assembled. All pages of each part shall be appropriately numbered and identified with the name of the offeror, the date, and the solicitation number.

System for Award Management (SAM)

In accordance with FAR 52.204-7, the awardee must be registered in SAM (www.sam.gov) prior to award. Refusal or failure to register shall forfeit award.

Required Information

The Government will not consider any quotation without the information required by this solicitation.

Acceptance of Terms and Conditions: This is an open-market solicitation for services/equipment as defined herein. The Government intends to award a Purchase Order as a result of this solicitation that will include the clauses set forth herein. The quotation should include one of the following statements:

“The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition.”

OR

“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)

Note: 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.

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. All offerors must be authorized to sell the service or products they are proposing to the Government.


3. All quotations shall describe the procedures of how the offeror places orders with Eaton, and submit documentation showing that they are authorized and certified Eaton service providers.

Award will not be made to any offeror without the requested documentation. All quotations shall clearly comply with the Schedule of Required Items.

1. All questions must be submitted in writing via email to prateema.carvajal no later than October 30, 2023, at 8:00 am ET.


2. All quotations shall be submitted via email to prateema.carvajal@nist.gov no later than November 13, , 2023 at 8:00 am ET. Late quotes will not be accepted.


3. All quotations shall indicate the offeror’s company DUNS number and CAGE code.


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

Quotation Evaluation:

The Government intends to make a single award to the offeror who is the lowest priced, technically acceptable. A quotation will only be considered technically acceptable if it clearly demonstrates compliance with the solicitation, has quoted a firm-fixed price for each of the required items in the CLIN schedule.

Price

Price will be evaluated for fairness and reasonableness.

The Government does not intend to enter into discussion and may award a purchase order on the basis of initial offers received but reserve the right to do. Therefore, each initial quotation shall contain the offeror’s best terms.

Attachments/Links