ELECTRON MICROSCOPE MAINT. SoR + REFERENCED TABLE 1 - FINAL.pdf

STATEMENT OF REQUIREMENTS

Thermo Fisher Scientific (formerly FEI) Electron Microscope Service Agreements

I. BACKGROUND

The Material Measurement Laboratory (MML) is one of seven metrology laboratories within the National Institute of Standards and Technology (NIST). MML supports the NIST mission by serving as the national reference laboratory for measurements in the material sciences. MML activities range from fundamental and applied research on the composition, structure, and properties of industrial, materials and processes, to the development and dissemination of tools including reference measurement procedures, certified reference materials, critically evaluated data, and best practice guides that help assure measurement quality. MML’s research and measurement services support areas of national importance, such as manufacturing from lightweight alloys for fuel-efficient automobiles to biomanufacturing and data for chemical manufacturing.

Variable pressure scanning electron microscopes, focused ion beam/scanning electron microscopes, and analytical/transmission electron microscopes are critical tools in supporting and advancing MML’s mission and the research and development goals of its partner laboratories and agencies. The proper and reliable operation of these tools is needed to ensure the highest quality results and reference data for MML’s customers.

Thermo Fisher Scientific, (formerly FEI) electron microscopes (also referred to as “systems” or “instruments” or “equipment”) are complex instruments that require routine maintenance and calibration to continuously meet the original equipment manufacturers (OEM) specifications. In addition, these instruments occasionally require emergency service to repair faults, failures, and sudden degradation in the performance envelope of the instrument.

In support of MML’s mission, the following Thermo Fisher Scientific, (formerly FEI) instruments are presently commissioned:

Helios NanoLab 660 (S/N D9467) Titan 80-300 (S/N D3094) Apreo LoVac (S/N 9925610)

Each resides under an OEM service agreement expiring 31 Jan 2024.

II. SCOPE

The Contractor may require the above noted instruments to undergo a pre-maintenance inspection prior to the start of a service agreement or alternatively opt to waive pre-maintenance inspections altogether.

In those instances where the Contractor intends to impose a pre-maintenance inspection prior to the start of a service agreement, the Contractor shall schedule an OEM certified service technician/engineer on-site at NIST to perform the service. At the conclusion of any imposed pre-maintenance inspection which reveals the instrument is certified operational, the service agreement shall begin the day after.

During the service agreement period, the Contractor shall provide preventive maintenance (PM) and emergency repair service for the Thermo Fisher Scientific (formerly FEI) electron microscopes noted above and the associated covered components further defined in Table 1. The Contractor shall coordinate the schedule and perform one (1) PM visit during each one-year term of the service agreement.

Service shall include unlimited emergency visits during regular business hours in addition to scheduled PM visits. The Contractor shall schedule an on-site visit within a targeted response time of 48 hours of a service call being placed. The electron microscopes are not connected to the internet. Remote connection for diagnostics, troubleshooting, or operation is not possible. The Contractor shall be responsible for all expenses to include all covered OEM factory-certified parts, labor, travel, and per diem. The Contractor shall repair and/or replace all covered parts (i.e., hardware, software/firmware, accessory components/systems) required for the operation of the systems to restore operating performance within OEM specifications on a scheduled and as-needed basis.

Table 1 details the instruments for which the Contractor shall provide PM and emergency repair service coverage in accordance with this Statement of Requirements (SoR).

NIST may modify coverage, remove coverage, or should a need be identified, incorporate additional NIST-owned Thermo Fisher Scientific (formerly FEI) instruments, possibly with associated components, to this SoR via a mutually agreed upon bilateral modification.

Line Item Funding: The Contractor shall agree to treat each electron microscope with its associated components as a separate line item. The modification, removal or addition of coverage for one (1) line item shall not affect the price or period of performance for other line items.

No Instrument Relocation: This agreement does not provide services for parts reconditioning, instrument relocation or services required as a direct result of instrument relocation.

III. SPECIFIC REQUIREMENTS - PREVENTIVE MAINTENANCE (PM) AND

EMERGENCY REPAIR SERVICE FOR INSTRUMENTS IN TABLE 1

Preventive Maintenance (PM)

a. The Contractor shall provide one (1) PM visit during each one-year term of the service agreement.

b. The Contractor shall restore the full system performance of these instruments to operate in a correct, functioning fashion, including third-party accessories.

c. Scheduling of the visits shall be consistent with the maintenance requirements of the instruments as detailed in the service and use manuals for each instrument and in accordance with the most recent service practices and maintenance protocols.

d. PM visits shall occur during NIST’s regular business hours. The Contractor shall contact the NIST Subject Matter Expert (SME) to schedule a mutually acceptable date and time for PM visits for each instrument. A scheduled PM may be performed in conjunction with an unscheduled or emergency repair service visit for corrective or other action if such a visit occurs within one (1) month before a scheduled PM visit.

System Enhancements

a. The Contractor shall install all commercial hardware and software/firmware updates for the purpose of instrument optimization not later than 60 days after any such update is released unless otherwise agreed to by the parties. Provided software/firmware updates shall be available at no-cost from the original software publisher. Software/firmware updates for the electron microscopes in Table 1 shall be free for the life of this agreement. Software/firmware updates that solely improve the functionality of previously purchased software/firmware capabilities shall be included. Software/firmware upgrades that add new functionality and are available for separate purchase are not included in this agreement.

b. Prior to completion of hardware/software installations, the Contractor shall test the instrument, review the system’s performance, and take whatever corrective action is necessary to ensure the instrument is functioning in accordance with OEM specifications.

Emergency Repair Service Calls

a. The Contractor shall not connect remotely to the electron microscopes. The electron microscopes are not connected to the internet. Remote connection for diagnostics, troubleshooting or operation is not possible.

b. The Contractor shall respond to service calls M-F, during regular business hours only. For any on-site visit to NIST, the Contractor shall schedule and dispatch an OEM certified service technician/engineer fluent in the operation of the instrument to be serviced within a targeted 48 hours after the service call is placed by NIST. No weekend service visits will be required.

c. The Contractor shall respond to an unlimited number of on-site requests for service calls in the event of instrument failure(s) which require immediate repair service.

d. For service calls that the Contractor determines must be performed by a third-party, the Contractor shall schedule an OEM certified service technician/engineer on-site at NIST within ten (10) calendar days after the service call is placed by NIST. No weekend service visits shall be required.

e. The Contractor shall obtain all covered parts required for all covered repairs and maintenance. The Contractor shall secure parts on-site within a targeted 72 hours after identifying the need for a replacement part for the covered equipment.

NIST recognizes that due to the nature of the systems, certain parts, components and software updates must be customized or built to meet a unique system which may extend delivery beyond a 72-hour time frame.

f. The Contractor may provide replacement parts that are either new or remanufactured. The Contractor may exchange and/or repair existing components of the electron microscopes.

g. The Contractor shall repair and restore the systems to operate in a correct, functioning fashion in compliance with OEM operating specifications, descriptions, and published capabilities.

h. Any parts or components removed for replacement shall become the property of the Contractor unless otherwise agreed to by the parties. The Contractor shall remove the parts from the NIST campus at the time of the service call or provide shipping instructions and a return merchandise authorization (“RMA”) number that includes pre-paid shipping such that NIST may return the parts to the Contractor within 3 days after the service visit is completed. The Contractor shall assume all charges and liability for all shipments. Clarification: Should a part need to be replaced and that part is determined to be contaminated, NIST will dispose of the part and will order a replacement at US list price. No core rebates will be provided for parts deemed to be contaminated (stages included).

i. All parts provided by the Contractor shall be approved for use with the instrument by the OEM. The Contractor shall only employ tools, instruments, test apparatus, methodologies, techniques, and practices approved for use with the instruments by the OEM. The service protocols and instrument specifications shall be adhered to at all times.

Service Tickets

The Contractor shall submit a service ticket to the instrument’s SME prior to departure from NIST for all service calls for maintenance or repairs. Access to past service tickets shall be provided to NIST upon request. The service ticket shall include the following:

1. Model number

2. Serial number

3. Date and time of arrival to NIST

4. Description of service(s) performed

5. Name and quantity of any parts that were repaired

6. Name and quantity of any parts that were replaced

7. Date and time of departure from NIST

8. Total hours spent on the service call

9. Any repair credits from parts purchased by NIST

10. Diagnostic test results or narrative summary demonstrating that

OEM performance standards are achieved

11. Any additional comments or recommendations

12. Printed name and signature of service technician/engineer

13. Signature block for NIST SME accepting services rendered

Priority Telephone Technical Support

The Contractor shall offer priority telephone technical support for the covered equipment during the Contractor’s regular business hours. Priority telephone technical support shall include responses to questions about operating practices, applications use, and service issues that can be diagnosed and resolved over the telephone.

IV. WARRANTY

All services provided hereunder shall be performed in a professional manner. Subject to the terms of this agreement, all labor, replacement parts or components (excluding consumables) provided by the Contractor shall be guaranteed for a period of ninety

(90) days from the PM or service call completion date. The Contractor’s sole and exclusive obligation for breach of warranty shall be, at the Contractor’s option, to (a) re-perform the services in a manner that conforms with the warranty or replace the replacement parts or components as the case may be or alternatively, (b) refund to NIST the pro-rata portion of the fees paid to the Contractor allocated to the nonconforming services or replacement parts or components. The remedies set forth in this section are NIST’s exclusive remedies for any breach of warranty. Except as set forth in this section, Contractor disclaims all other warranties, express or implied, respecting its obligations hereunder. The aforementioned shall, however, not limit or exclude any statutory rights of NIST due to the provision of nonconforming services or delivery of defective replacement parts or components.

V. PERIOD OF PERFORMANCE

The period of performance shall be for a one (1) year base period and up to four (4) 1-year options.

Base Period: 1 Apr 2024 through 31 Mar 2025 Option Year 1: 1 Apr 2025 through 31 Mar 2026 Option Year 2: 1 Apr 2026 through 31 Mar 2027

Option Year 3: 1 Apr 2027 through 31 Mar 2028 Option Year 4: 1 Apr 2028 through 31 Mar 2029

VI. PLACE OF PERFORMANCE

NIST’s Thermo Fisher Scientific (formerly FEI) electron microscopes may be located on any NIST operating campus to include but not be limited to Gaithersburg, MD and the Hollings Marine Laboratory in Charleston, SC. NIST notes that all instruments currently identified in this SoR reside at the Gaithersburg, MD campus.

Performance shall be on-site at the NIST equipment location shown in Table 1. Service shall be rendered on-site at NIST unless otherwise agreed to by the parties. In the event that a component needs to be repaired off-site, the Contractor shall be responsible for all packaging, shipping and transportation costs as well as liability for the shipment to and from NIST. The Contractor shall be responsible for providing an RMA or other information authorizing return of the shipment to the Contractor’s facility prior to the shipment. Furthermore, if the off-site repair of a component is projected to exceed seven (7) calendar days including shipping and transportation, the Contractor shall provide a temporary replacement component to maintain operation of the instrument.

VII. DELIVERABLES AND DELIVERABLE DUE DATES

DELIVERABLE FORMAT DUE DATE

Copy to COR and SMEs of service ticket for any maintenance or repairs

Contractor’s standard commercial form

Prior to departure on the date of service visit

Access to past service reports

Web-based access or email

Upon Request

VIII. PERFORMANCE STANDARD

DESIRED

OUTPUT

PERFORMANCE STANDARD MONITORING METHOD

Onsite response to an unlimited number of requests for emergency service calls in the event of an instrument failure

OEM certified field service engineer responds in person at NIST with a target response time of 48 hours. Instrument meets OEM operating specifications 100% of the time following each visit

NIST will confirm that

• priority repair services are rendered within the timeframe specified

• defective parts (if any) are replaced with OEM factory-certified replacement parts

• system is performing to OEM specifications by collecting data and comparing to a known NIST test sample

One (1) preventive maintenance (PM) visit for the instrument during each annual term of the service agreement

Maintenance, calibration, and replacement of defective components results in the system functioning to OEM specifications 100% of the time at the conclusion of the PM

NIST will confirm that

• defective parts (if any) are replaced with OEM certified replacement parts

• system is performing to OEM specifications by collecting data and comparing to a known NIST test sample

• Software installed has the latest patches and fixes

IX. INSPECTION AND ACCEPTANCE

NIST will conduct an inspection and conduct performance testing after a scheduled PM has concluded or after an unscheduled repair instance has concluded and verify the instrument is functioning IAW OEM specifications.

The service rendered will be accepted if NIST determines after performance testing that the instrument is fully operational and performing IAW OEM specifications.

X. CONTRACTOR MINIMUM QUALIFICATIONS

The Contractor shall dispatch only OEM / Contractor-trained engineers or technicians to perform PMs and repair service. Contractor personnel shall have at least two (2) years of experience on one or more of the electron microscopes in Table 1. Contractor personnel must be US citizens to access the NIST, Gaithersburg, MD campus.

XI. GENERAL INFORMATION

Visitor Registration. The NIST SME is responsible for pre-registration of the Contractor in the NIST visitor registration system. At least two (2) business days prior to any service call the Contractor shall provide all information necessary for the SME to authorize entrance to the NIST campus. Shorter notification can be accommodated for emergency repair service calls.

Safety. The Contractor shall be responsible for knowing and complying with all installation safety regulations. Such regulations include, but are not limited to, general safety, fire prevention, and waste disposal.

Security. NIST is a restricted campus. An identification badge is required for access for entry into buildings and is also shown to the armed Security Police when entering the campus.

Regular Business Hours. Regular business hours are M-F, 8:30AM to 5:00PM EST.

Identification Badges. The Contractor shall comply with NIST identification and access requirements and shall wear a visible identification badge issued by the NIST Security Office.

Table 1: Preventive Maintenance (PM) and Emergency Repair Service

Instrument Location Serial No. To Include:

Helios NanoLab 660

Bldg. 217 Rm. D104 Gaithersburg

MD

D9467 HELIOS NANOLAB 660

DB TH FEG HELIOS

EASYLIFT NANO MANIPULATOR

RETRACTABLE ANNULAR STEM

DETECTOR

GAS INJECTOR - PT

GAS INJECTOR - CARBON

GAS INJECTOR - SCM

Titan 80-300 Bldg. 217 Rm. F109 Gaithersburg

MD

D3094 TITAN 80-300

TEM FEG TIT AN

LORENTZ LENS

Serial No.: D3094.4

9432 057 01351

HT GEN. MONOCHR. 300KV

Serial No.: D3094.5

CS PROBE CORRECTOR

Serial No.: D3094.6

TEM TITAN ACCY

Serial No.: D3094.7

9432 057 02351

FEG/MONCHR. UNIT 300KV

Serial No.: D3094.8

SOFTWARE, TOMOGRAPHY

Instrument Location Serial No. To Include:

Serial No.: D3094.9

DETECTOR-HIGH ANGLE

Serial No.: D3094.10

GATAN TRIDIEM865ER 300KV

Serial No.: D3094.12

9432 053 00071

STEM PACKAGE 300KV

Serial No.: D3094.13

Apreo LoVac Bldg. 217 Rm. D101 Gaithersburg

MD

9925610 1091067, Apreo LV FEG SEM with Immersion lens

1091087 Integrated Plasma Cleaner

1053851 Maps 2 Tiling & Stitching

1099930 In-Column Detector (T3)

1092273 Lens-mounted GAD for LV Mode

1066014 Retractable DBS Detector

1091077 Retractable STEM 3+ Detector

1050312 Advanced Signal Selection

1077075 Solid-state Detector Integration Kit

FP 2311/05 Manual User Interface