CSS 1333ND22QNB730244_FINAL.pdf

CLASSIFICATION CODE: 66 - Instruments and Laboratory Equipment

TITLE: Procurement of a Variable Pressure Field Emission Scanning Electron Microscope System

SOLICITATION NUMBER: 1333ND22QNB730244

RESPONSE DATE: 08/14/2022

CONTACT POINTS: Robert Cowins, Contract Specialist, (301) 975-8335

Hing Pan Wong, Contracting Officer, (301) 975-6289

DESCRIPTION:

The National Institute of Standards and Technology (NIST) has a requirement for a Variable Pressure Field Emission Scanning Electron Microscope System and four years preventative maintenance services to be utilized by the Engineering Laboratory (EL) at NIST, Gaithersburg, MD campus.

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 PROCEDURES UNDER THE AUTHORITY OF FAR PART 13.

This solicitation is a Request for Quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2022-06 dated 04/26/2022.

1352.215-72 INQUIRIES (APR 2010)

Offerors must submit all questions concerning this solicitation in writing to robert.cowins@nist.gov.

Questions should be received no later than three calendar 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.

(End of Provision)

The associated North American Industrial Classification System (NAICS) code for this procurement is 334516 - Analytical Laboratory Instrument Manufacturing, with a small business size standard of 1000 employees.

This is acquisition being solicited unrestricted using full and open competition.

CLIN 0001:

Description: The contractor shall provide one Variable Pressure Field Emission Scanning Electron Microscope System in accordance with the incorporated Specifications.

QTY: 1

Unit of Issue: LO Delivery Date: No later than 120 days after receipt of order mailto:robert.cowins@nist.gov

CLIN 0002: Option Period I Description: The contractor shall provide one-year preventative maintenance services as specified in version of the manufacturer’s operations and maintenance manual.

QTY: 1

Unit of Issue: LO Period of Performance: Services shall commence at end of manufacturer’s one year warranty

CLIN 0003: Option Period II Description: The contractor shall provide one-year preventative maintenance services as specified in version of the manufacturer’s operations and maintenance manual.

QTY: 1

Unit of Issue: LO Period of Performance: Services shall commence at end of Option Period I

CLIN 0004: Option Period III Description: The contractor shall provide one-year preventative maintenance services as specified in version of the manufacturer’s operations and maintenance manual.

QTY: 1

Unit of Issue: LO Period of Performance: Services shall commence at end of Option Period II

CLIN 0005: Option Period IV Description: The contractor shall provide one-year preventative maintenance services as specified in version of the manufacturer’s operations and maintenance manual.

QTY: 1

Unit of Issue: LO Period of Performance: Services shall commence at end of Option Period III

Specifications

Variable Pressure Field Emission Scanning Electron Microscope System

Background The National Institute of Standards and Technology (NIST) Engineering Laboratory (EL) Materials and Structural Systems Division (MSSD) studies the durability and service life of infrastructure materials (polymer, concrete, engineered composites) for resilience infrastructure applications. One of the key research focuses is to track the degradation modes of these materials using fundamental multiscale morphological, microstructural and other physical information using scanning electron microscopy (SEM). The MSSD will benefit from the use of this SEM system for various infrastructure materials (polymer, cement, concrete and composites) in the “Engineered Materials for Resilient Infrastructure” program for FRP composite assemblies in “Earthquake Risk Reduction in Buildings and Infrastructure” program, and for photovoltaic (PV) materials in the “Net Zero Energy Research” program.

The MSSD currently owns and operates an FEI Quanta 600 Scanning Electron Microscope (SEM) with high vacuum and environmental or variable pressure modes. The variable pressure mode allows for the collection of electron micrographs of specimens that are wet and/or uncoated by allowing for a gaseous environment in the specimen chamber. The FEI Quanta has been heavily used in many cementitious projects, including fiber reinforced polymer (FRP) composites and cement additive manufacturing applications, and has exceed its effective service life. MSSD now requires a compatible replacement to the FEI to accomplish milestones related to several ongoing project areas that also include polymer composites. A replacement SEM with high vacuum and variable pressure or low vacuum modes using a field emission gun is needed to provide new, state-of-the-art mechanical measurement capabilities to NIST that are compatible with the research already begun using FEI Quanta 600.

Purpose The purpose of this acquisition is to procure a new SEM with high vacuum and variable pressure modes using a field emission gun and include a specimen thermal coating device for sample preparation. The new SEM System will replace the aging FEI Quanta 600 currently in use.

The new SEM shall be equipped with a field emission gun scanning electron microscope and all the necessary pumps, chillers, and connections necessary for operation (chilled water and compressed air are available). The SEM sample chamber shall be capable of both high vacuum SEM and variable pressure SEM operation with imaging detectors, including secondary electron (SE); motorized, retractable multi-segment backscattered electron (BSE) for use in high vacuum and variable pressure modes, and two silicon drift detector (SDD) quantitative x-ray analysis systems; and have a 5-axis motorized stage with travel in X,Y, and Z directions, tilt, and rotation.

Description of Required Products

The contractor shall provide a new SEM system which meets or exceed the following minimum technical requirements and specifications:

Main Primary Feature/functionality Requirements:

The SEM system must contain the following minimum specifications:

1. Field emission gun scanning electron microscope and all the necessary pumps, chillers, and connections necessary for operation (chilled water and compressed air are available)

2. Sample chamber capable of both high vacuum SEM and variable pressure SEM operation

• Variable pressure of 300 Pa or better

3. 5-axis motorized stage with 100 mm or greater travel in X and Y directions, 40 mm or greater travel in Z direction, tilt capable of 90 degrees from normal, and rotation of 360 degrees

4. The field emission source shall have:

• Accelerating voltage and/or landing energy from 50V to 30kV

• Current range from 3pA to 20nA or wider

5. Imaging detectors, including secondary electron (SE) and motorized, retractable multi-segment backscattered electron (BSE) for use in high vacuum and variable pressure modes

6. In-lens or in-column detectors for high resolution imaging

7. The imaging detectors shall have:

• Image resolution in high vacuum; 1.2 nm or less at 15kV and 2 nm or less at 1kV secondary electron image resolution with gold on carbon or equivalent imaging test standard.

• Image resolution in variable pressure mode; 2 nm or less image resolution with gold on carbon or equivalent imaging test standard.

8. Scanning transmission electron microscopy detector (STEM) system, fully integrated into the microscope control software for the collection of images

9. Two Silicon Drift Detector (SDD) quantitative x-ray analysis systems (EDS), with stage control and communication with the microscope control software and shall have:

• Primary SDD with take-off angle greater than 30 degrees, 60 mm square or larger, 129eV or better and the ability to mount a second SDD with take-off angle greater than 30 degrees, 60 mm square or larger, 129eV or better and integrate the data.

• Software for qualitative and quantitative analyses and mapping of bulk, thin films, and particles included and remote software license. Software for the Silicon Drift Detector (SDD) x-ray analysis system that will perform automated particle analysis and reporting.

• Workstation computer that operates using Windows 10 and includes DVD+/-RW drive

10. IR chamber camera (IRCC) integrated into the microscope operation software

11. Plasma cleaner, in vacuum (Plasma)

12. A supply of consumables (i.e., replaceable apertures, lubricants, filters) sufficient to cover 4 preventive maintenance visits

13. Inclusion of software for “large area image collection” and “sample navigation”

14. The overall microscope control computer shall meet the following minimum specifications:

• Operating System: Windows 10, 64 bit

• At least a 500 GB hard drive

• Intel i7, Xenon processor or better

• At least 8 GB of RAM

• At least a 24-inch monitor

15. The system shall include a control panel that allows for manual operation of the system for sample navigation, focus, and adjustments.

16. The system must include an operations and maintenance manual covering proper operation, routine maintenance, and troubleshooting for the instrument and controlling software. The manual may be supplied to the TPOC/COR in hard copy and/or electronic format.

17. Thermal Carbon Evaporator Benchtop System: A carbon coating device shall utilize thermal evaporation with a turbo-molecular high-vacuum pump system and include at least 150 mm x 165 mm vacuum chamber to accommodate specimens, carbon rod and filament evaporation fixtures, rotating / tilting specimen holder, and quartz crystal film thickness holder.

The contractor shall provide four option years of maintenance services to commence at end of one year warranty. The maintenance services shall provide, at a minimum, preventative maintenance services as specified in version of the manufacturer’s operations and maintenance manual at time of award, all released software upgrades, unlimited telephone support during NIST business hours, and 2nd business day on-site technical downtime support. The maintenance services shall cover all parts, labor and travel.

Warranty Requirements The Contractor shall provide, at a minimum, a one-year warranty for the equipment. The warranty shall cover all parts, labor, and travel. The warranty shall commence upon successful completion of delivery, installation, and training.

Trade-In Equipment The Government has the following equipment available for trade-in credit:

1. Bruker Quantax Espirit software license

NIST will work with the Contractor to arrange the retuning of the existing traded-in equipment at the time of installation of the new SEM system.

Delivery Requirements

Delivery shall be made F.O.B. Destination within 120 days after Contractor receipt of order to the National Institute of Standards and Technology at the address identified below.

National Institute of Standards and Technology (NIST) 100 Bureau Drive Building 301 Shipping & Receiving Gaithersburg, MD 20899-0001

FOB Destination means: The contractor shall pack and mark the shipment in conformance with carrier requirements, deliver the shipment in good order and condition to the point of delivery specified in the purchase order, be responsible for any loss of and/or damage to the goods occurring before receipt and acceptance of the shipment by the consignee at the delivery point specified in the purchase order; and pay all charges to the specified point of delivery.

Note: The NIST Gaithersburg, MD campus is a controlled-access facility and is also under limited access restrictions due to COVID-19. Deliveries are only accepted when arranged in advance. The Contractor shall request approval of delivery time with the NIST Technical Point of Contact (TPOC) in advance of shipment.

Contractor failure to confirm delivery method and procedures and to receive TPOC approval prior to shipment shall release the Government of any liability and may result in payment being withheld until the campus access restrictions have been lifted and the item can be received and physically inspected.

Installation Requirements The Contractor shall provide installation for SEM system. Installation shall include, at a minimum, uncrating/unpacking of all equipment, set-up and hook-up of all equipment, start-up, demonstration of specifications, and removal of all trash. Contractor access to the NIST campus shall be scheduled in advance with the COR and shall adhere to the COVID-19 mitigation guidelines that will be provided prior to accessing the NIST campus. Contractor staff will be escorted by NIST staff during installation.

Training Requirements The Contractor shall schedule and facilitate training for one person – in person training (following COVID-19 -prevention protocol) in addition to up to 4 people via webcam on-line training at NIST Gaithersburg. The training shall provide a thorough demonstration of all equipment functions, equipment operation, and basic troubleshooting. The training may be completed on-site at NIST immediately after installation.

Inspection & Acceptance

NIST will inspect delivered products within ten (10) business days after delivery to ensure that they conform to the requirements identified in this Statement of Need. If all requirements are met and the equipment is operational, the product shall be accepted.

The Contractor has the right, at its expense, to be present during the inspection. The place of inspection and acceptance shall be: NIST, 100 Bureau Drive, Gaithersburg, MD 20899.

NIST Campus Security & Public Health Contractor personnel shall follow NIST Visitor and Contractor Protocols for Mitigating COVID-19 Exposure on NIST Campuses as identified at this link: https://www.nist.gov/about-nist/visit/nist-visitor-and-contractor-protocols-mitigating-covid-19-exposure-nist-campuses

NIST is a restricted campus. The contractor shall provide the name and citizenship information of the delivery, installation, and training technician(s) to the NIST TPOC five business days prior to arrival at the NIST Gaithersburg campus. The TPOC will submit the name and citizenship information to the NIST Office of Security in order for the Contractor to enter the NIST Gaithersburg campus to perform delivery, installation, and training.

The Contractor is also responsible for providing appropriate identification at the NIST Security Office to obtain access to campus. Delivery trucks must arrive via Gate C. To access the campus separately from deliveries by car, the Contractor must register their vehicle(s) with the NIST Security Office upon arrival. A valid driver’s license or Government-furnished civilian ID, as well as proof of insurance and current vehicle registration must be presented to the NIST Security Office, at which time a NIST vehicle pass will be issued. The pass shall be displayed on the vehicle in accordance with NIST Security Office instructions. Valid identification, such as a driver’s license or passport, is required for access, for entry into buildings, and is shown to the armed Security Police when entering the NIST Gaithersburg campus.

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://farsite.hill.af.mil/.

FAR Provisions

52.204-7, System for Award Management 52.204-16, Commercial and Government Entity Code Reporting 52.204-17, Ownership or Control of Offeror (JUL 2016)

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations – Representation

52.225-25, Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation

52.212-1 Instructions to Offerors - Commercial Items

52.212-3 Offeror Representations and Certifications-Commercial Items

52.204-20 Predecessor of Offeror

(a) Definitions. As used in this provision– “Commercial and Government Entity (CAGE) code” means–

(1) An identifier assigned to entities located in the United States and its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or government entity, or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by NATO’s Support Agency (NSPA) to entities located outside the United States and its outlying areas that DLA Contractor and Government Entity (CAGE) Branch records and maintains in the CAGE master file.

This type of code is known as an NCAGE code.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it □ is or □ is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ________ (or mark “Unknown”) Predecessor legal name: _________________________ (Do not use a “doing business as” name)

(End of provision)

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that—

(1) 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, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) 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 agreement with the authority responsible for collecting the tax liability; and

(2) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

52.212-2 Evaluation - Commercial Items

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Award shall be made to the offeror whose quotation offers the best value to the Government price and other factors considered. The Government will evaluate quotations based on the following evaluation criteria listed in descending order of importance: 1) Technical Capability 2) Past Performance, and 4) Price. All non-price factors, individually and when combined, are more important than price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer`s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

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 offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror 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 this/these address(es):

Federal Acquisition Regulation (FAR): www.acquisition.gov/far/ Commerce Acquisition Regulation (CAR): http://www.ecfr.gov/cgi-bin/text-idx?SID=8b5f22b07c12a52e8b29841ad60f1fd9&mc=true&tpl=/ecfrbrowse/Title48/48chapter13.tpl

(End of provision)

FAR Clauses

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 this/these address(es):

Federal Acquisition Regulation (FAR): www.acquisition.gov/far/ http://www.acquisition.gov/far/ http://www.ecfr.gov/cgi-bin/text-idx?SID=8b5f22b07c12a52e8b29841ad60f1fd9&mc=true&tpl=/ecfrbrowse/Title48/48chapter13.tpl http://www.ecfr.gov/cgi-bin/text-idx?SID=8b5f22b07c12a52e8b29841ad60f1fd9&mc=true&tpl=/ecfrbrowse/Title48/48chapter13.tpl

Commerce Acquisition Regulation (CAR): http://www.ecfr.gov/cgi-bin/text-idx?SID=8b5f22b07c12a52e8b29841ad60f1fd9&mc=true&tpl=/ecfrbrowse/Title48/48chapter13.tpl

52.204-13 System for Award Management Maintenance 52.204-18, Commercial and Government Entity Code Maintenance 52.204-19, Incorporation by Reference of Representations and Certifications 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

(a) Definitions. As used in this clause—

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. 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. The Contractor is prohibited from providing to the Government 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in Federal Acquisition Regulation 4.2104.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause https://www.acquisition.gov/content/part-4-administrative-and-information-matters#id1989GI040ZO https://dibnet.dod.mil/ https://dibnet.dod.mil/

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known);

supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description;

and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

52.212-4 Contract Terms and Conditions—Commercial Items 52.227-17 Rights in Data-Special Works 52.232-39 Unenforceability of Unauthorized Obligations 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Deviation Apr 2020) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders— Commercial Items (JUL 2020)-- including subparagraphs:

52.203-6 - Restrictions on Subcontractor Sales to the Government 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 52.217-9 Option to Extend the Term of the Contract 52.219-4 - Notice of Price Evaluation Preference for HUBZone Small Business Concerns 52.219-8 - Utilization of Small Business Concerns 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 52.222-35 – Equal Opportunity for Veterans 52.222-36 - Equal Opportunity for Workers with Disabilities 52.222-37 - Employment Reports on Veterans 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 52.225-13 - Restriction on Certain Foreign Purchases 52.232-33 - Payment by Electronic Funds Transfer- System for Award Management

Department of Commerce Acquisition Regulation (CAR) clauses. Please view the full text of these clauses at http://www.ecfr.gov/cgi-bin/text-idx?SID=8b5f22b07c12a52e8b29841ad60f1fd9&mc=true&tpl=/ecfrbrowse/Title48/48chapter13.tpl.

52.225-4 Buy American-Free Trade Agreements-Israeli Trade Act Certificate.

As prescribed in 25.1101 (b)(2)(i), insert the following provision:

BUY AMERICAN-FREE TRADE AGREEMENTS-ISRAELI TRADE ACT CERTIFICATE (FEB 2021)

(a) (1) The Offeror certifies that each end product, except those listed in paragraph (b) or (c) of this provision, is a domestic end product.

(2) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

(b) The Offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements- Israeli Trade Act":

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

(c) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (b) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free http://www.ecfr.gov/cgi-bin/text-idx?SID=8b5f22b07c12a52e8b29841ad60f1fd9&mc=true&tpl=/ecfrbrowse/Title48/48chapter13.tpl http://www.ecfr.gov/cgi-bin/text-idx?SID=8b5f22b07c12a52e8b29841ad60f1fd9&mc=true&tpl=/ecfrbrowse/Title48/48chapter13.tpl https://www.acquisition.gov/far/part-25#FAR_25_1101

Trade Agreements-Israeli Trade Act." The Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

Other Foreign End Products:

[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)

Commerce Acquisition Regulations (CAR) Provisions and Clauses:

CAR Provisions CAR 1352.233-70 Agency Protests

(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 Fed. Reg. 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: HING PAN WONG, 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, N.W. Washington, D.C. 20230.

FAX: (202) 482-5858

https://www.acquisition.gov/far/part-25#FAR_Part_25 https://www.acquisition.gov/far/part-25#FAR_Part_25

CAR 1352.233-71 GAO and Court of Federal Claims Protests

(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

CAR Clauses

1352.201-70 Contracting Officer’s Authority 1352.209-73 Compliance with The Laws 1352.209-74 Organizational Conflict of Interest

NIST Local Clauses

NIST LOCAL-53 Contract Performance During Changes in NIST 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 the U.S. Department of Commerce, National Institute of Standards and Technology (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

During 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 you have been, or are notified that you are to work under an excepted status, you will automatically enter a temporary work stoppage. The work stoppage shall remain in effect until the lapse is resolved and notification is provided via the NIST website at https://www.nist.gov/ and/or the NIST operating status lines. 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 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 cause the government to incur additional obligations during the lapse in appropriation may continue performance.

(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.

INSTRUCTIONS:

System for Award Management (SAM)

In accordance with FAR 52.204-7, offerors are required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. Offerors without active SAM registration will not be considered.

Required Information

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

Due Date for Quotations

Offerors shall submit their quotations so that NIST receives them not later than 12:00 p.m. Eastern Time, 08/14/2022. FAX and hard-copy quotations shall not be accepted. E-mail quotations shall be accepted at robert.cowins@nist.gov. Offerors’ quotations shall not be deemed received by the Government until the quotation is entered the e-mail address inbox set forth above. Late quotes will not be accepted.

Addendum to FAR 52.212-1, Proposal Preparation Instructions

1) Price Proposal: The pricing quotation shall be separate from any other portion of the quotation. The offeror shall propose a firm-fixed-price for each CLIN. Price quotations shall remain valid for a period of 90 days from the date quotations are due.

2) Technical Proposal: The technical proposal shall address the following:

Technical Capability: The offeror shall submit a technical description or product literature for the equipment it is proposing, which clearly identifies the manufacturer, make and model. The offeror must demonstrate that its proposed equipment meets each minimum requirement described in the specifications by providing a citation to the relevant section of its technical description or product literature. Evidence that the Offeror is authorized by the original equipment manufacturer to provide the item(s) should be included in the quotation if the offeror is not the manufacturer.

3) Past Performance: The offeror shall provide past performance information regarding relevant contracts over the past three (3) years with Federal, state, or local governments, or commercial customers.

If the offeror intends to subcontract with another firm(s) for part of this requirement, that firm’s past performance information shall also be provided. If the offeror has no relevant past performance, it may include a statement to that effect in its quotation. The government reserves the right to consider data obtained from sources other than those described by the offeror in its quotation. It is recommended that approximately 3-5 contracts be referenced.

The description of each contract/order described in this section shall not exceed one half page in length.

For each contract/order, the offeror shall provide the following information:

1. Contract number;

2. Description and relevance to solicitation requirements including dollar value;

3. Period of Performance – indicate by month and year the state and completion (or “ongoing”) dates for the contract;

4. Reference Contact – If a non-Government contract, identify the name and address of the client with current telephone number and email address of a point of contact of the client responsible for the contract;

5. Contracting Office – If a Government contract (Federal or state), identify the Procuring Contracting Officer (PCO), Administrative Contracting Officer (ACO), and Contracting Officer’s Representative (COR), and their names, current telephone numbers and email addresses.

6. Problems Encountered – include information regarding information regarding any problems encountered on the contracts described above and corrective actions taken to resolve those problems.

mailto:robert.cowins@nist.gov

Acceptance of Terms and Conditions: This is an open-market solicitation for 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 proposal 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 proposal 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 proposal.

QUOTATION EVALUATION:

The Government reserves the right to make an award without discussions based solely upon initial quotations. Therefore, offerors should ensure that their initial quotation constitutes their best offer in terms of both price and the technical solution being proposed.

Basis of Award

Evaluation Factors

An award will be made to the offeror whose quotation offers the best value to the Government price and other factors considered. The Government will evaluate quotations based on the following evaluation criteria: 1) Technical Capability 2) Past Performance, and 3) Price. All non-price factors, when combined, are significantly more important to price.

Technical Capability: No prototypes, demonstration models, used or refurbished instruments will be considered. Evaluation of technical capability shall be based on the information provided in the quotation. NIST will evaluate whether the offeror has demonstrated that its proposed equipment meets or exceeds all minimum requirements. Quotations that do not demonstrate the proposed equipment meets all requirements will not be considered further for award. If an offeror does not indicate whether its proposed equipment meets a certain minimum requirement, NIST will determine that it does not.

Past Performance: The Government will evaluate the Offeror's past performance information and, if appropriate, its proposed subcontractors' past performance to determine its relevance to the current requirement and the extent to which it demonstrates that the offeror has successfully completed relevant contracts in the past five years. In assessing the offeror's past performance information, NIST will evaluate the quality, timeliness, and ability to control cost and schedule of the past work. The Government will evaluate past performance information by contacting appropriate references, including NIST references, if applicable. The Government may also consider other available information in evaluating the Offeror’s past performance. The Government will assign a neutral rating if the offeror has no relevant past performance information.

Past Performance and Price shall not be evaluated on quotations that are determined technically unacceptable under the Technical Capability Evaluation factor.