RFQ-SB1341-13-RQ-0816-CRYOGENIC_SCANNED_PROBE_SYSTEM.pdf

SB1341-13-RQ-0816

FBO ANNOUNCEMENT: SOLICITATION NOTICE

ACTION CODE: <SOL>

CLASSIFICATION CODE: 66- Laboratory Equipment and Supplies

SUBJECT: CUSTOM, HIGH-VACUUM, CLOSED CYCLE CRYOGENIC SCANNED PROBE SYSTEM

SOLICITATION NUMBER: SB1341-13-RQ-0816

RESPONSE DATE: September 6, 2013

CONTACT POINTS: Harry Brubaker, Contracting Officer, (301) 975-8330 Patrick Staines, Contracting Officer, (301) 975-6335

DESCRIPTION:

The National Institute of Standards and Technology (NIST) Physical Measurements Laboratory (PML), located in Gaithersburg, MD is looking to acquire a custom, high-vacuum, closed cycle cryogenic scanned probe system, with the capability to deliver (at least) 10 GHz of near-field radio frequency (RF) irradiation to the sample under test using a shorted coaxial probe.

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 13.5 TEST PROGRAM FOR CERTAIN COMMERCIAL

ITEMS.

This solicitation is a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-69

1352.215-72 INQUIRIES (APR 2010)

Offerors must submit all questions concerning this solicitation in writing to Harry Brubaker at Harry.Brubaker@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. The backup Point of Contact is Patrick Staines at patrick.staines@nist.gov (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 500 employees. This acquisition is 100% set-aside for small business.

In accordance with the non-manufacturer rule, the Offeror shall be a small business under the applicable size standard and shall provide either its own product or that of another domestic small business manufacturing or processing concern. See FAR 19.102(f) for additional information.

mailto:Harry.Brubaker@nist.gov

All Offerors shall provide a quotation for the following line items:

• CLIN 0001: BASE AWARD - SPECIFICATIONS A. THROUGH H.

• OPTION CLIN 0002: OPTION for EXTENDED WARRANTY

• OPTION CLIN 0003: OPTION for 12 MONTH SERVICE CONTRACT (1 OF 3)

• OPTION CLIN 0004: OPTION for 12 MONTH SERVICE CONTRACT (2 OF 3)

• OPTION CLIN 0005: OPTION for 12 MONTH SERVICE CONTRACT (3 OF 3)

• OPTION CLIN 0006: Additional Coarse Adjust DC (or quasi-DC) probes (1 OF 2)

• OPTION CLIN 0007: Additional Coarse Adjust DC (or quasi-DC) probes (2 OF 2)

• OPTION CLIN 0008: Additional On-Site Training

• OPTION CLIN 0009: Additional AFM Probe Tips (1 OF 5)

• OPTION CLIN 0010: Additional AFM Probe Tips (2 OF 5)

• OPTION CLIN 0011: Additional AFM Probe Tips (3 OF 5)

• OPTION CLIN 0012: Additional AFM Probe Tips (4 OF 5)

• OPTION CLIN 0013: Additional AFM Probe Tips (5 OF 5)

• OPTION CLIN 0014: Additional RF Probe Tips (1 OF 5)

• OPTION CLIN 0015: Additional RF Probe Tips (2 OF 5)

• OPTION CLIN 0016: Additional RF Probe Tips (3 OF 5)

• OPTION CLIN 0017: Additional RF Probe Tips (4 OF 5)

• OPTION CLIN 0018: Additional RF Probe Tips (5 OF 5)

Introduction

The Offeror shall furnish the necessary personnel, material, equipment, and services to fabricate, install, and test a custom, high-vacuum, closed cycle cryogenic scanned probe system and its options as described in the Minimum Requirements.

Background

The National Institute of Standards and Technology (NIST) Physical Measurements Laboratory (PML), located in Gaithersburg, MD is looking to acquire a custom, high-vacuum, closed cycle cryogenic scanned probe system, with the capability to deliver (at least) 10 GHz of near-field radio frequency (RF) irradiation to the sample under test using a shorted coaxial probe. The system will be utilized to support advanced spectroscopic measurements on point defects which impact the macro-scale properties of semiconductor devices. As the active area of semiconductor devices continues to shrink, single atomic-scale defects begin to play increasingly important roles in determining macro-scale performance and reliability. One of the core competencies of the PML is to understand and develop appropriate measurements to identify, characterize, and eventually mitigate the populations of these offending atomic-scale defects. The proposed spectroscopic measurements facilitated by this custom system will function to directly treat this competency.

General Description

The desired specifications for the proposed custom, high-vacuum, closed cycle cryogenic scanned probe system are detailed below. The system will support advanced spectroscopic measurements on point defects which impact the macro-scale properties of semiconductor devices. To meet this goal, the system should be able to (1) measure topological information via a scanned probe measurement (preferably AFM) and (2) use this topological information as a “map” to accurately scan an additional coaxial-probe across the same area (fixed surface offset in the nm scale). The RF probe will be capable of supporting a 10 GHz RF input signal (customer supplied). The system will also include (at least) two additional coarse adjustment probes (5 μm resolution) to provide (DC or quasi-DC) electrical signals (customer supplied) to the sample under investigation. The measurement chamber will be capable of cryogenic temperatures up through 373 K (higher temperatures preferred). The system will also be capable of providing a magnetic field of (at least) 3000 G perpendicular to the plane of the sample. The system must be capable of simultaneously sweeping the magnetic field (± 200 G quasi-DC) as well as modulating the magnetic field (±15 G at 100 kHz). The measurement system shall meet the following minimum requirements.

Minimum Requirements

The system shall meet or exceed the technical specifications identified below. All items must be new. Used or remanufactured equipment and components will not be considered for award.

CLIN 0001: SPECIFICATIONS

A. GENERAL REQUIREMENTS

1. The base system shall be cryogen free (or employ a helium recovery system).

2. The base system shall have and stable temperature control from 12 K or lower to 373 K or higher. The system shall be capable of cooling a sample from 300 K to 12 K or lower in less than 2 hours while maintaining the temperature at ≈ 12 K (or lower) for an unlimited period of time to enable extended measurement periods.

3. The base system shall enable the temperature to be linearly varied to cool or warm the sample at a user defined rate ranging from 0.02 K/min or lower to 5 K/min or larger.

4. The base system shall have a temperature stability of ± 0.1 % or better.

5. The base system shall have a magnet capable of producing (at least) 3000 G at the sample surface. The magnetic field shall be oriented perpendicular to the sample surface.

The magnetic field shall also have the ability to be zeroed at the sample. The magnetic field shall be capable of simultaneously sweeping the magnetic field (± 200G quasi-DC on either side of the 3000 G) as well as modulating the magnetic field (±15 G at 100 kHz).

Magnetic field homogeneity of 1 part in 10,000 (or better) across the sample.

6. The base system shall be pumped by oil free pumps to ensure a clean sample environment. The vendor shall describe the type of pumps used in the system.

7. The base system will be capable of achieving a vacuum pressure of 1 x 10-7 Torr (or less).

8. The base system shall have a sample chuck which can accept minimum sample areas of 2 cm x 2 cm (or larger).

9. The base system will include a research grade optical microscope for positioning the sample under the scanned probe.

10. The base system will operate in a standard environment with a temperature range of 65 to 75 degrees Fahrenheit with relative humidity of 25% to 60% depending on the season.

B. PROBE ARRANGEMENT

The system shall be equipped with:

1. A single scanned atomic force microscopy probe. The AFM probe should be capable of operation in contact mode.

2. The AFM probe shall be capable of accessing a 0.1 mm x 0.1 mm (or larger) portion of the sample area.

3. A single shorted co-axial probe with spatial position which is (in some way) referenced to the AFM probe tip on the nm scale. The spatial reference between the AFM probe tip and the co-axial probe tip must be repeatable via calibration steps and accurate to within 1 nm or less. The co-axial probe must be capable of passing 10 GHz or greater (user supplied from external feed-through) RF signals to the sample.

4. Two additional coarse-adjust probes (5 μm resolution or less) to provide DC (or quasi-DC) electrical signals to the sample devices from external feed-through. The optical microscope will be used to position these probes.

5. Separate electrical connections to the sample chuck to provide DC or quasi-DC electrical signals from external sources. This connection should also be capable of accepting multiple wire-bond connections.

C. MEASUREMENT SEQUENCE

A Measurement Sequence which will include:

1. The sample will be loaded into the system

2. The sample chamber will be pumped down to high-vacuum conditions (conditions necessary to support cryogenic measurements)

3. The sample will be cooled to cryogenic temperatures. This may include the cooling of DC or quasi-DC probes, the AFM probe, and the RF probe.

4. DC or quasi-DC probes are landed on the sample with the aid of the optical microscope.

The landing sites of these probes will be far enough away from the scanned probe areas of interest to eliminate any sort of interference.

5. The AFM probe is scanned across an area of interest. The area of interest is coarsely defined using the optical microscope.

6. The RF co-axial probe tip is then scanned across the same area of interest using the AFM measurement as a positional reference. The RF co-axial probe tip will be kept a constant offset distance above the sample. This offset should be controlled to 1 nm (or less).

During the RF probe scanning, each positional step will require a separate magnetic field sweep and constant magnetic field modulation.

7. After scanned probe and RF probe acquisition, the sample will be warmed up to room temperature and the sample chamber will be vented and opened for loading of subsequent samples.

D. CONSDIRERATIONS: The Government will give consideration for Offeror’s who can meet or exceed the following:

1. Preference will be shown for the inclusion of additional functionality to this system via small hardware/software additions to facilitate other microscopy measurements (i.e Scanning Tunneling Microscopy (STM), Magnetic Force Microscopy (MFM), Scanning Capacitance Microscopy (SCM))

2. Preference will be shown for the capability to increase the magnetic fields at the sample surface (up to 2 T).

3. Preference will be shown for a well-defined upgrade path towards additional DC or Quasi-DC probes exceeding the original request of two (2).

4. Preference will be shown for the capability to decrease the minimum sample temperature below 12 K.

5. Preference will be shown for the capability to increase the maximum sample temperature above 373 K.

E. SITE PREPARATION: NIST will be responsible for providing all necessary utilities. The Contractor will be responsible for locating the system in its final position and the final integration and interconnection. The coordination may include, but is not limited to participating meetings in person or via conference call and providing information regarding electrical supply, cooling water requirements, and possible utilization of compressed gases.

F. INSTALLATION: The system shall be installed by the Contractor and meet contract specifications.

Installation, at a minimum, shall include uncrating/unpacking of all equipment, rigging, set-up and hook-up of the system, demonstration of all specifications. Onsite installation and demonstration shall be done at NIST, Gaithersburg, MD - Building 225.

G. DELIVERY: Delivery shall be FOB DESTINATION and shall take place no earlier than 9 months and not later than 12 months after contract award unless mutually agreed upon the Government’s ability to receive earlier. The Contractor shall first deliver CLIN 0001 to NIST, Building 301, Shipping and Receiving, Gaithersburg, MD 20899-1640 prior to ultimate delivery and installation at Building 225.

H. TRAINING: Training will consist of the following:

1. The Contractor shall conduct two (2) training sessions for up to four (4) technical personnel per session at NIST. The training shall provide a thorough demonstration of all system and equipment functions, data administration, basic troubleshooting, hardware/software operation, cleaning and basic maintenance, leak detection, and minor system modifications.

2. The training shall be completed at NIST after installation/set-up and on-site measurements demonstrating that no damage or misalignment issues arose during transportation and installation, but shall be completed no later than 30 days after acceptance.

OPTION CLIN 0002: EXTENDED WARRANTY: The Offeror shall quote an Extended Warranty of one year. The warranty shall include unlimited telephone/e-mail support for questions regarding operation within 1 business day and on-site support within 2 business days. All costs including parts, labor, travel, and other expenses necessary to repair the system will be borne solely by the Offeror at no additional cost to the U.S. Government. This warranty shall commence upon the expiration of the standard manufacturer’s warranty coverage.

OPTION CLIN 0003; 0004; 0005: OPTION(S) FOR SERVICE CONTRACT: The Offeror shall quote a preventive maintenance Service Agreement for 36 months as three - 12 month periods commencing upon the expiration of the previous warranty coverage. The service contract shall include unlimited telephone/e-mail support for questions regarding operation within 1 business day and on-site support within 2 business days. All costs including parts, labor, travel, and other expenses necessary to repair the system will be borne solely by the Offeror at no additional cost to the U.S. Government. If Offerors have Multi-Tier Service Agreements, submit pricing for all tiers.

Preference is given to those who offer more advantageous levels of Service Agreements.

OPTION CLIN 0006; 0007; Additional Coarse Adjust DC (or quasi-DC) probes: The Offeror shall quote of four (4) additional coarse adjust probes (5 um resolution or less) to provide DC or quasi-DC electrical signals via external feed-through to the sample devices. These probes can be retrofitted to the current system after delivery.

OPTION CLIN 0008: Additional On-site Training: The Offeror shall quote an additional one-time on-site advanced customer training session for 4 work days for 4 NIST personal as described in CLIN 0001: SPECIFICATIONS, H

TRAINING.

OPTION CLIN 0009; 0010; 0011; 0012; 0013: Additional AFM Probe Tips: The Offeror shall provide a quote for AFM Probe Tips in packages of 6. Preference will be given to the Offerors who propose probe tips at a discounted rate over the service and maintenance periods beginning with the date of acceptance by the Government. If Offerors have Multi-Tier packages for the sale of AFM Probe Tips, submit pricing for all packaging combinations.

OPTION CLIN 0014; 0015; 0016; 0017; 0018: Additional RF Probe Tips: The Offeror shall provide a quote for RF Probe Tips in packages of 6. Preference will be given to the Offerors who propose probe tips at a discounted rate over the service and maintenance periods beginning with the date of acceptance by the Government. If Offerors have Multi-Tier packages for the sale of RF Probe Tips, submit pricing for all packaging combinations.

INSPECTION AND ACCEPTANCE

In addition to the inspection and acceptance terms articulated in 52.212-4, the Government reserves the right to perform such performance tests and evaluations as defined below to verify specified system performance.

Contractor acceptance testing: As noted in the Addendum to FAR 52.212-1, the Offeror shall provide a detailed system acceptance testing plan with the quote. Contractor shall perform this testing at their site prior to delivery.

NIST reserves the right to witness such factory acceptance testing.

Government acceptance testing: Acceptance testing at NIST shall be completed after training and will include at a minimum but not limited to:

a. Vacuum system performance

b. Minimum sample temperature performance

c. Functionality of cryogenic systems (may include Helium recovery efficiency test if applicable)

d. Repeatability of AFM/RF probe positioning and associated electronic control

e. Repeatability of Coarse-adjust probe positioning and associated electronic control

f. Magnetic field performance (DC field range/sweeping field range/modulation field range)

g. Verification of the ability to deliver up at least 10GHz of RF signal on the RF probe tip

h. Meet specifications listed in C. MEASURMENT SEQUENCE.

Such tests and evaluations shall be conducted at NIST within the environment that the system is to be operated.

The Contractor has the right to be present during the tests and evaluations, if performed, at the Contractor’s expense. Final acceptance testing shall occur within 30 days after installation.

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

Provisions

52.212-1, Instructions to Offerors-Commercial Items 52.212-3, Offeror Representations and Certifications-Commercial Items 52.217-5, Evaluation of Options 52.225-18, Place of Manufacture;

Offerors shall complete annual representations and certifications on-line at www.sam.gov in accordance with FAR 52.212-3 Offerors Representations and Certifications- Commercial Items. If paragraph (j) of the provision is applicable, a written submission is required.

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

(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.

(End of provision)

Clauses

52.212-4 Contract Terms and Conditions—Commercial Items 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (APR 2010)-- 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 Contractor’s Debarred, Suspended or proposed for Debarment 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations 52.219-4, Notice of Price Evaluation Preference for HUB Zone Small Business Concerns 52.219-6, Notice of Total Small Business Set-Aside 52.219-8, Utilization of Small Business Concerns 52.219-14, Limitations on Subcontracting 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 Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans 52.222-36, Affirmative Action for Workers with Disabilities;

52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans 52.222-40, Notification of Employee Rights Under the National Labor Relations Act 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving 52.225-1, Buy American Act – Supplies 52.225-13, Restriction on Certain Foreign Purchases;

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

52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration.

52.217-7 Option for Increased Quantity-Separately Priced Line Items. (Mar 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 7 days. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 6 years.

52.237-2 Protection of Government Buildings, Equipment, And Vegetation 52.247-35 F.O.B. Destination, within Consignee’s Premises 1352.201-70 Contracting Officer’s Authority 1352.201-72 Contracting Officer’s Representative (COR) 1352.209-73 Compliance With The Laws 1352.246-70, Place of Acceptance (APR 2010)

(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: NIST Building 225, 100 Bureau Drive, Gaithersburg, Maryland 20899

INSTRUCTIONS

System for Award Management Registration (SAM)

In accordance with FAR 52.204-99 (September 2012) (DEVIATION), the awardee must be registered in the System for Award Management (www.sam.gov) prior to award. Refusal to register shall forfeit award.

Due Date for Quotations

Offerors shall submit their quotations so that NIST receives them not later than 4:00 p.m. Eastern Time on Friday, September 6, 2013. FAX copy quotations shall not be accepted. E-mail quotations shall be sent to Harry.Brubaker@nist.gov. Offerors quotations shall not be deemed received by the Government until the quotation is entered into the e-mail address inbox set forth above.

Quotations shall be sent to the National Institute of Standards and Technology, Acquisition Management Division, Attn: Harry Brubaker, Contracting Officer, 100 Bureau Drive, Stop 1640, Gaithersburg, MD 20899-1640. All Offerors should ensure the RFQ number is visible on the outermost packaging.

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 prior notice (excluding weekends and holidays) shall be provided to Harry Brubaker, Contracting Officer on 301- 975-8330 or Harry.Brubaker@nist.gov.

Addendum to FAR 52.212-1, Quotation Preparation Instructions

A. Price Quotation: The Offeror shall submit an original and one copy of the completed price schedule. If the quotation is submitted electronically, additional copies are not required. The pricing quotation shall be separate from any other portion of the quotation. The Offeror shall propose a firm-fixed-price, FOB Destination, for each CLIN. Price quotations shall remain valid for a period of 90 days from the date quotations are due.

B. Technical Quotation: The Technical Quotation is divided into three sections. They are Technical Capability, Experience, and Past Performance.

1. Technical Capability: The Offeror shall submit an original and one copy of the technical quotation. If the quotation is submitted electronically, additional copies are not required. The technical quotation shall address the following:

i) The Offeror shall submit a technical description for the equipment it is proposing, which clearly identifies the manufacturer, make and model.

ii) The Offeror must demonstrate that its proposed equipment meets or exceeds each minimum requirement described in list of minimum requirements by providing a citation to the relevant section of its technical description.

iii) Offerors shall include an on-site testing and acceptance plan as described in SPECIFICATIONS C.

MEASUREMENT SEQUENCE and INSPECTION AND ACCEPTANCE.

2. Experience: The Offeror shall demonstrate the extent to which it has recently manufactured, distributed, and installed similar equipment.

3. Past Performance: The Offeror shall provide past performance information regarding relevant contracts over the past five (5) 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 pages in length. For each contract/order, the Offeror shall provide the following information:

(i) Contract Number.

(ii) Description and relevance to solicitation requirements including dollar value.

(iii) Period of Performance – indicate by month and year; completion or on-going dates for the contract.

(iv) 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 responsible for the contract.

(v) 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.

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

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 quotation should include one of the following statements:

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

OR

“The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:

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

Note: This procurement is not being conducted under the GSA Federal Supply Schedule (FSS) program or another Government-Wide Area Contract (GWAC). If an Offeror submits a quotation based upon an FSS or GWAC contract, the Government will accept the quoted price. However, the terms and conditions stated herein will be included in any resultant Purchase Order, not the terms and conditions of the Offeror’ s FSS or GWAC contract, and the statement required above shall be included in the quotation.

QUOTATION EVALUATION

Evaluation Factors

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 four evaluation criteria:

1) Technical Capability

2) Experience

3) Past Performance

4) Price

Technical Capability, Experience, and Past Performance (non-price factors) when combined are significantly more important than Price. Offerors who exceed in CLIN 0001: SPECIFICATIONS, D. PREFERENCES, as described therein, will be provided greater consideration in the evaluation of their proposal.

1. Technical Capability

No used or refurbished instruments or parts 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 as described in CLIN 0001: SPECIFICATIONS A. GENERAL REQUIREMENTS, B.

PROBE ARRANGEMENT and C. MEASURMENT SEQUENCE.

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.

Evaluation of Options

Offerors who have Multi-Tier Service Agreements, NIST will evaluate all tiers provided. Preference is given to those who offer more advantageous response times within their Service Agreements.

2. Experience

NIST will evaluate the extent of the Offerors experience providing similar equipment. NIST will give preference to Offerors who demonstrate they have experience delivering the same or similar equipment they are proposing for the current requirement.

3. 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 Offerors past performance information, NIST will evaluate, as appropriate, successful performance of contract requirements, quality and timeliness of delivery of goods and services, cost management, communications between contracting parties, proactive management and customer satisfaction. Evaluation of this factor will be based on information contained in the technical portion of the quotation and information provided by references.

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.

NOTE: If an Offeror does not have a history of relevant contract experience, or if past performance information is not available, the Offeror will receive a neutral past performance rating; however, an Offeror without a history of relevant experience may receive a lowered rating for the Experience Factor.

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

4. Price

The Government will evaluate price for reasonableness.

The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options shall not obligate the Government to exercise the option(s).

1352.233-70 AGENCY PROTESTS (APR 2010)

(a) An agency protest may be filed with either: (1) the contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 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: PATRICK STAINES, 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

1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

(a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed.

(b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon

(i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims.

(c) Service upon the Contract Law Division shall be made as follows:

U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W.

Washington, D.C. 20230.

FAX: (202) 482-5858

(End of clause)