Final_Solicitation.doc

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 WRITTEN SOLICITATION DOCUMENT WILL NOT BE ISSUED.

This solicitation is a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-61, effective October 15, 2012.

The associated North American Industrial Classification System (NAICS) code for this procurement is 334516 with a small business size standard of 500 employees. This acquisition is set aside 100 percent for small businesses.

1352.215-72 INQUIRIES (APR 2010)

Offerors must submit all questions concerning this solicitation in writing to Lynda.Roark@nist.gov Questions should be received no later than 10 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.

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Background:

The NIST Center for Nanoscale Science and Technology (CNST) supports the U.S. nanotechnology enterprise from discovery to production by providing industry, academia, NIST, and other government agencies with access to world-class nanoscale measurement and fabrication methods and technology. The CNST is the only national nanocenter with a focus on commerce.

The NIST Center for Nanoscale Science and Technology (CNST) NanoFab requires a spectroscopic reflectometer for measuring thin film properties from small areas of a substrate.

Line Item 0001: Quantity (1) one each, Spectral Reflectometer, meeting or exceeding the following minimum requirements: All equipment must be new. Used or remanufactured equipment will not be considered for award.

NIST’s Required Specifications

1. The reflectometer system shall attach to an existing optical microscope (Nikon Optiphot 300) through a standard C-mount. Note that the existing microscope is equipped with 5(, 10(, 20(, 50(, and 100( objectives and a top-side halogen illuminator.

2. The system (this Spectral Reflectometer, when mounted on the existing optical microscope) shall be capable of measuring thicknesses from 20 nm to 20 (m within areas on the substrate less than 20 (m in diameter.

3. The system (this Spectral Reflectometer, when mounted on the existing optical microscope) shall be capable of measuring the refractive index and extinction coefficient for films with thicknesses between 50 nm and 20 (m within areas on the substrate less than 20 (m in diameter.

4. Must be compatible with the halogen light source in use on the existing microscope, the Spectral Reflectometer shall be capable of analyzing a wavelength range of 400 nm to 850 nm.

5. The control software shall:

a. Be capable of collecting and saving spectra from the Spectral Reflectometer.

b. Provide a user interface that allows a user to build a model of the film stack being measured, and capable of modeling a film composed of at least 5 layers (not including the substrate).

c. Be capable of fitting the free parameters of the model —selected by the user from any combination of thickness, index of refraction, and coefficient of extinction— to the collected data, and reporting the values.

d. Show a real-time image of the substrate and indicate the region that the data is being collected from on the image. Users shall be able to save these images in a standard format (for example, JPEG, TIFF, BMP, PNG, or GIF).

e. Have a built-in database of materials that shall include, at a minimum, the following:

· single crystal silicon (Si);

· polysilicon (poly Si);

· silicon dioxide (SiO2); and

· silicon nitride (Si3N4).

f. Run on 64-bit Windows 7.

6. In addition to the basic components of the Spectral Reflectometer, the vendor shall supply the following additional components:

a. A mirror or similar device that can be placed underneath the microscope objectives for making a bright reference measurement;

b. An off-angle mirror or similar device that can be placed underneath the microscope objectives for making a dark reference measurement; and

c. A reference material of known properties suitable for calibrating the system, such as a nanometer-scale film of SiO2 of known thickness on a silicon substrate.

7. The supplied system shall have all the necessary cables to connect to a) the microscope; b) the control computer; and c) power.

Warranty:

The Contractors commercial warranty shall apply.

Final Acceptance:

NIST will provide payment in full upon successful completion of delivery, demonstration of specifications, and inspection and acceptance testing, and submission of a proper invoice from the Contractor. Payment terms shall be Net 30 Days.

Evaluation Criteria:

Award shall be made to the offeror whose quotation meets or exceeds the requirements listed above and is lowest priced. The Government will evaluate quotations based on the following evaluation criteria: Technical Capability and Price.

Price shall be evaluated for reasonableness.

Technical Capability:

Evaluation of Technical Capability shall be based on the documentation provided in the quotation, including data submissions. Technical descriptions and product literature submitted in the quotation shall be evaluated to determine that the proposed instrument meets or exceeds all required specifications listed above. All equipment must be new. Used or remanufactured equipment will not be considered for award.

Required Submissions:

All quoters shall submit the following:

1). An original and one copy of a price quotation which addresses all line items;

2). For the purpose of technical evaluation quoters shall submit:

a. Two copies of technical description and/or product literature which clearly details the manufacturer, make and model of the proposed product(s), addresses all specifications, and clearly documents that the offered product(s) meet(s) or exceeds the minimum requirements listed above.

b. One copy of warranty information.

3). Acceptance of Terms (Addendum to FAR 52.212-1(b)(11):

This is an Open-Market Combined Synopsis/Solicitation for equipment as defined herein.

The Government intends to award a Purchase Order as a result of this Combined Synopsis/Solicitation that will include the terms and conditions that are set forth herein. In order to facilitate the award process, ALL quotes shall include a statement regarding the terms and conditions herein as follows:

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

OR

The offeror 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:

Offeror shall list exception(s) and rationale for the exception(s)

Please note that 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.

Due Date for Quotations:

All quotations shall be sent to the National Institute of Standards and Technology, Acquisition Management Division, Attn: Lynda Roark, 100 Bureau Drive, Stop 1640, Gaithersburg, MD 20899-1640.

All offerors shall ensure the RFQ number is visible on the outermost packaging.

Submission must be received not later than 2:30 p.m. local time on December 12, 2012. FAX quotations shall not be accepted. E-mail quotations shall be accepted. Offerors’ quotations shall not be deemed received by the Government until the quotation is entered into the e-mail address inbox set forth above.

Because of heightened security, FED-EX, UPS, or similar delivery methods are the preferred method of delivery of quotes. If quotes are hand delivered, delivery shall be made on the actual due date through Gate A, and a 48 hour (excluding weekends and holidays) prior notice shall be provided to Lynda Roark, Contract Specialist on 301-975-3725. NIST is not responsible for late delivery due to the added security measures. In addition, quoters who do not provide 24-hour notification in order to coordinate entrance to the NIST campus shall assume the risk of not being able to deliver quotes on time.

Provisions and Clauses:

The full text of a FAR provision or clause may be accessed electronically at www.acqnet.gov/far.

The following provisions apply to this acquisition:

52.212-1, Instructions to Offerors — Commercial;

52.212-3, Offeror Representations and Certifications — Commercial Items.

In accordance with FAR 52.212-3 Offeror Representations and Certifications — Commercial Items, offerors must complete annual representations and certifications on-line at http://orca.bpn.gov. If paragraph (j) of the provision applies, a written submission is required;

52.225-25, Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran—Representation and Certification;

1352.233-70, Agency Protests;

1352.233-71, GAO and Court of Federal Claims Protests;

The following clauses apply to this acquisition:

1352.201-70, Contracting Officer’s Authority

1352.209-73, Compliance with the laws

1352.209-74, Organizational Conflict of Interest

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 (Jul 2010);

52.219-6, Notice of Total Small Business Aside 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;

52.222-36, Affirmative Action for Workers with Disabilities;

52.223-18, Contractor Policy to Ban Text Messaging While Driving;

52.225-1, Buy American Act 52.225-13, Restriction on Certain Foreign Purchases;

52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration 52.232-99, Accelerated Payments

52.204-99, System for Award Management Registration (Class Deviation from 52.204-7(September 2012) (DEVIATION) 52.247-34, FOB Destination

Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a

Felony Conviction Under Any Federal Law (Class Deviation) (March 2012)

(1) In accordance with Sections 543 and 544 of Public Law 112-55 Commerce, Justice, Science, and Related Agencies Appropriations Act 2012, Title V

(General Provisions) none of the funds made available by that Act may be used to enter into a contract with any corporation that-

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

(b) 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, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(2) The Offeror represents that, as of the date of this offer-

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

(b) 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 agreements with the authority responsible for collecting the tax liability.

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SB1341-13-RQ-0028