RFQ1333ND23QNB130250 CPO Semi-Conductor .pdf

Project Title: CPO CHIPS Semi Industry Equipment Data

Solicitation Number: RFQ1333ND23QNB130250

Response Date: Please submit a, by email, to yolanda.mccray@nist.gov 2 May 2023 @12:00PM

EDT

DESCRIPTION:

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 1333ND23QNB130250. This synopsis/solicitation constitutes a RFQ and incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2023-02 March 16, 2023.

This acquisition is being competed as full and open. The associated North American Industrial Classification System (NAICS) code for this procurement is 541990, which has a size standard of $19.5M. It is being issued using the simplified acquisition procedures under the authority of FAR Subpart 13.5—Simplified Procedures for Certain Commercial Items.

Background Information: The CHIPS Program Office (CPO) requires data and analysis on semiconductor manufacturing equipment and fabs. Including wafer and facility level cost simulations for specific semiconductor technologies and geographical locations; data on sub-systems to trace the manufacturing equipment that will be placed in U.S. fabs, as well as their critical sub-systems; utilization rates of fabs by different types of semiconductor production markets; and data on 300mm fabs, in terms of process technology and capacity.

SPECIFIC TASKS:

The CHIPS Program Office (CPO) requires data on semiconductor manufacturing equipment and fabs. Including:

• wafer and facility level cost simulations for specific semiconductor technologies and geographical locations;

• data on sub-systems to trace the manufacturing equipment that will be placed in U.S. fabs, as well as their critical sub-systems;

• utilization rates of fabs by different types of semiconductor production markets; and

• data on 300mm fabs, in terms of process technology and capacity.

mailto:yolanda.mccray@nist.gov

The Government requires data and analytical tools, that is updated regularly based on the market projections, to inform internal analysis on:

• Market share, regional sales, application and forecasting for Wafer, Assembly & Packaging and Test Equipment, including critical equipment sub-systems

• Regularly updated key performance indicators in the semiconductor and equipment supply chain (e.g. pricing, inventory, forecasting, equipment, performance indexes)

• Forecasting for semiconductor supply-chain operations (e.g. advanced packaging demand, design, equipment demand, macroeconomic/electronic industry, utilization rates)

• Forecasting data on electronics/microelectronics revers engineering and industry intelligence (e.g. sales history and forecast summary, manufacturing equipment ecosystem history and forecast, circial subsystem history and forecast)

• Detail analysis of 300mm fab, including products, nodes, capacities

• Customizable cost and price modeling tools that support multiple wafer size & cost elements across different geographies, technology nodes, at facility levels

(End of Specific Tasks)

The quotation shall include the following:

1. Quotation must technically demonstrate the ability to provide all access to data elements identified in the above specific tasks. Quotations must clearly identify datasets and modeling tools, with full rights, that meet the stated requirements. All databases must be price for direct access to the data.

Quotations must conform to solicitation provisions 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. The contractor may include any other information that it deemed necessary to ensure the statement of work can be achieved.

2. If the Contractor objects to any of the terms and conditions contained in this solicitation, the contractor shall state “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:” [Contractor shall list exception(s) and rationale for the exception(s)]. It is the sole responsibility of the Contractor to identify in their quote any exceptions to the terms and conditions of the solicitation. If the contractor does not include such a statement, the submission of a quotation in response to this solicitation will be regarded as the Contractor’s acceptance of the Government’s terms and conditions for inclusion into the resultant purchase order.

3. All quotations shall indicate their company unique entity identifier (UEI) number and CAGE code. Quoters must have an active registration at www.SAM.Gov to receive an award.

ARRANGMENT OF QUOTATION

Price – A firm- fixed-price for each CLIN.

Database Unit Price Total

Offeror's SAM Unique Entity ID and POC information: name, telephone no., e-mail address

• Completed FAR 52.212-3, Offeror Representations and Certifications. Reps and certs must be uploaded to the System for Award Management at www.sam.gov.

NIST recognizes proprietary components, interfaces and equipment, and clearly marked restricted or proprietary components, interfaces and equipment, and data included as an addendum to the non-restricted/non-proprietary information. In the absence of such identification, NIST will assume to have unlimited rights to all technical data in the information paper.

Please email any questions regarding this RFQ to yolanda.mccray@nist.gov. Please do not contact any other government employee regarding this RFQ.

BASIS OF AWARD

The Government will award a purchase order resulting from this request for quote to the responsible offeror whose quotation is technically acceptable, lowest price.

An offers failure to quote all of the part numbers 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.

Price - The Government will evaluate the offeror's proposed prices to determine whether the proposed prices comply with the instructions articulated above and are realistic, complete, and reasonable in relation to the solicitation requirements. Proposed prices shall be entirely compatible with the technical quotation. For evaluation purposes, the Government will evaluate the total price for all CLIN(s).

The Government does not intend to enter discussion and may award a purchase order on the basis of initial quotes 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.

Please email any questions regarding this RFQ to yolanda.mccray@nist.gov. Please do not contact any other government employee regarding this RFQ.

The following provisions and clauses apply to this acquisition:

http://www.sam.gov/ mailto:yolanda.mccray@nist.gov

The following FAR provisions and clause(s) apply to this acquisition. Full text is available at (https://www.acquisition.gov/)

TERMS AND CONDITIONS:

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):

http://acquisition.gov/comp/far/index.html.

The following provisions apply to this acquisition:

52.212-1 Instructions to Offerors-Commercial Items;

52.212-2 Evaluation-Commercial Items;

52.212-3 Offerors Representations and Certifications- Commercial Items.

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):

http://acquisition.gov/comp/far/index.html.

52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-19 Incorporation by reference of Representation and Certifications (DEC 2014) 52.204-24 Representation regarding Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Service or Equipment (AUG 2020) 52.204-26 Covered Telecommunications Equipment or Services- Representation (DEC 2019) 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 including subparagraphs:

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.

52.209-10, Prohibition on Contracting with Inverted Domestic Corporations.

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;

http://acquisition.gov/comp/far/index.html http://acquisition.gov/comp/far/index.html

52-222-26, Equal Opportunity;

52.222-36, Equal Opportunity for Workers with Disabilities;

52.222-50, Combating Trafficking in Persons 52.223-18, Contractor Policy to Ban Text Messaging While Driving;

52.225-13, Restriction on Certain Foreign Purchases;

52.232-33, Payment by Electronic Funds Transfer

The following CAR clauses: (https://www.federalregister.gov/articles/2010/03/08/2010- 4132/commerce-acquisition-regulation-car#h-372)

1352.201-70 Contracting Officer's Authority;

1352.209-73 Compliance with the laws;

1352.209-74 Organizational conflict of interest;

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:

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, N.W.

Washington, D.C. 20230.

FAX: (202) 482-5858

https://www.federalregister.gov/articles/2010/03/08/2010-4132/commerce-acquisition-regulation-car#h-372 https://www.federalregister.gov/articles/2010/03/08/2010-4132/commerce-acquisition-regulation-car#h-372

(End of clause)

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

(End of clause)

352.246-70 PLACE OF ACCEPTANCE:

(a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract.

(b) The place of acceptance will be:

100 Bureau Drive, Gaithersburg, MD 20899 (End of clause)

NIST LOCAL-41 SOFTWARE LICENSE ADDENDUM

a) This Addendum incorporates certain terms and conditions relating to federal procurement actions. The terms and conditions of this Addendum take precedence over the terms and conditions contained in any license agreement or other contract documents entered into between the parties. Governing Law: Federal procurement law and regulations, including the Contract Disputes Act, 41 U.S.C. Section 601 et.seq., and the Federal Acquisition Regulation (FAR), govern the agreement between the parties. Litigation arising out of this contract may be filed only in those having jurisdiction over federal procurement matters. Attorney's Fees: Attorney's fees are payable by the federal government in any action arising under this contract only pursuant to the Equal Access in Justice Act, 5 U.S.C. Section 504. No Indemnification: The federal government will not be liable for any claim for indemnification; such payments may violate the Anti-Deficiency Act, 31 U.S.C. Section 1341(a). Assignment: Payments may only be assigned in accordance with the Assignment of Claims Act, 31 U.S.C. Section 3727, and FAR Subpart 32.8, "Assignment of Claims." Invoices: Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. Section 3903) and Office of Management and Budget (OMB) Circular A-125, Prompt Payment. Patent and Copyright Infringement: Patent or copyright infringement suits brought against the United States as a party may only be defended by the U.S.

Department of Justice (28 U.S.C. Section 516). Renewal of Support after Expiration of this Award: Service will not automatically renew after expiration of the initial term of this agreement. Renewal may only occur in accord with (1) the mutual agreement of the parties; or

(2) an option renewal clause allowing the government to unilaterally exercise one or more options to extend the term of the agreement.

(End of clause)

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.

http://www.nist.gov/ http://www.nist.gov/ http://www.opm.gov/

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:

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.

(END OF CLAUSE)

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: Invoices and Supporting 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.

(END OF CLAUSE)