RFQ_SB134115RQ0272.pdf

CLASSIFICATION CODE: 66- Laboratory Equipment and Supplies

SUBJECT: Service/Maintenance/Parts for ASML PAS550/275D i-Line stepper lithography system

SOLICITATION NUMBER: SB1341-15-RQ-0272

RESPONSE DATE: April 17, 2015

CONTACT POINTS: Paula Wilkison, Contract Specialist (301) 975-8448

Patrick Staines, Contracting Officer, (301) 975-6335

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 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 2005-80, effective March 2, 2015.

1352.215-72 INQUIRIES (APR 2010)

Offerors must submit all questions concerning this solicitation in writing to the

Contracting Officer. Questions should be received no later than ten 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 with a small business size standard of 500 employees. This requirement is unrestricted and all interested Contractors may submit a quotation.

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

Line Item 0001: One (1) year service/maintenance/parts for the NIST CNST ASML

PAS550/275D i-Line stepper lithography system sited at NIST, Gaithersburg, MD.

Option Line Item 0002: Maintenance/Service/Parts Contract (option year 1).

Option Line Item 0003: Maintenance/Service/Parts Contract (option year 2)

Introduction

The contractor shall furnish the necessary personnel, material, equipment, and services to provide responsive service/maintenance/parts for the NIST CNST ASML PAS550/275D i-Line stepper lithography system sited at NIST, Gaithersburg, Maryland.

Background

The Center for Nanoscale Science and Technology (CNST) at the National Institute for

Standards and Technology (NIST) has a requirement for an annual maintenance service contract covering routine preventive maintenance (PM), emergency service, repair, replacement parts, and calibration services for its ASML PAS 5500/275D stepper lithography system.

The stepper system supports nanofabrication in the CNST user facility and is used as a shared resource accessible to researchers from industry, academia, NIST, and other government agencies. Accordingly, the level of service required under this service contract must ensure minimum downtime and maximum instrument performance.

The ASML PAS550/275D i-Line stepper lithography system is located in the NIST

CNST NanoFab in Gaithersburg, MD.

Minimum Requirements

The service shall meet or exceed the technical specifications identified below.

Line Item 0001: One (1) year service/maintenance/parts for the NIST CNST ASML

PAS550/275D i-Line stepper lithography system, which shall meet or exceed the specifications stated below:

1. GENERAL REQUIREMENTS

The vendor shall provide experienced factory trained personnel, specialized tooling, and service documentation to support any maintenance, calibration, repair, and parts replacement needed on an ASML PAS 5500/275D stepper lithography system.

2. INSTRUMENT COVERAGE

The instrument to be covered under this service agreement is an ASML PAS

5500/275D stepper lithography system, serial number 3740.

a. The service contract shall cover all integrated system components of the instrument.

b. The service contract shall cover the control and data preparation workstation.

c. The service contract shall include all software updates and patches to maintain system using the latest and most recent software versions.

d. The service contract shall include all parts.

e. The service contract shall include all services listed below.

3. SCHEDULED SERVICE

a. The vendor shall provide factory trained personnel to perform quarterly preventative maintenance (PM) visits to NIST to ensure the equipment is operating at peak performance.

b. Preventative maintenance shall include at a minimum:

i. Calibration of illumination subsystem.

ii. Functional testing of the reticle and wafer handling subsystems.

c. Any parts found to be unsatisfactory shall be repaired or replaced.

d. Scheduled service will be coordinated with the NIST technical point of contact and must be performed within two weeks of the calendar quarter unless agreed to by the NIST technical point of contact.

4. UNSCHEDULED SERVICE

a. The vendor shall provide factory trained personnel onsite at NIST, during normal business hours, within one business day of an emergency service call. Business hours are defined as 8:00 am to 5:00 pm Monday through

Friday, excluding federal holidays, for the duration of this contract.

b. Any parts found to be unsatisfactory shall be repaired or replaced.

5. INSTRUMENT CONFIGURATION/ RE-CONFIGURATION SERVICE

a. The vendor shall provide factory trained personnel onsite, during normal business hours, within one business week after receiving a request to reconfigure the wafer handling system in order to accommodate a substrate which differs in size from the current configuration.

b. Business hours are defined as 8:00 am to 5:00 pm Monday through Friday, excluding federal holidays, for the duration of the contract.

c. The system will require a reconfiguration back to the original wafer handling size once the lot of substrates have been exposed. The contractor shall be responsible for performing this task within one business day once the request has been made.

d. Currently, substrate configurations occur once per month but may occur a maximum of 18 times per contract year.

6. PARTS

a. The contractor is responsible, at its expense, for supplying all parts necessary to maintain and/or repair the equipment and its associated subsystem components in a timely manner.

b. All parts used for maintenance and repair shall be OEM parts made for the instrument.

c. Contractor is responsible for all shipping of parts to NIST.

d. Contractor is responsible for removal and disposal of all parts found to be defective.

e. Contractor is responsible for any rigging required to install new parts.

f. Contractor is responsible for the removal of any packaging or trash generated.

OPTION LINE ITEMS: The following items are option line items. The Contractor shall provide pricing for these items. Award of option line items is at the sole discretion of the Government in accordance with 52.217-9.

Option Line Item 0002: Maintenance/Service/Parts Contract (option year 1).

The contractor shall quote a preventive maintenance contract extending 1 year and commencing after the service maintenance described in CLIN 0001 expires.

1. The service and maintenance agreement shall be the same as described in CLIN

0001.

Option Line Item 0003: Maintenance/Service/Parts Contract (option year 2)

The contractor shall quote a preventive maintenance contract extending an additional 1 year and commencing after the service maintenance described in CLIN 0002 expires.

1. The service and maintenance agreement shall be the same as described in CLIN

0001.

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

52.204-7, System for Award Management

52.212-1, Instructions to Offerors-Commercial Items

52.212-3 Offeror Representations and Certifications-Commercial Items

52.217-5 Evaluation of Options

52.209-2,Prohibition on Contracting with Inverted Domestic Corporations--

Representation

52.209-5, Certification Regarding Responsibility Matters

52.209-7, Information Regarding Responsibility Matters

52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or

Transactions Relating to Iran—Representation and Certifications.

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-

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

(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

52.217-8, Option to Extend Services

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of the end of the final option period.

52.217-9, Option to Extend the Term of the Contract.

(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 five years, six months.

52.204-13, System for Award Management Maintenance

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—Commercial Items including subparagraphs:

52.203-6, Restrictions on Subcontractor Sales to the Government;

52.204-10, Reporting Executive Compensation;

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;

52.219-8, Utilization of Small Business Concerns;

52.219-28, Post Award Small Business Program Re-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, Affirmative Action for Workers with Disabilities;

52.222-37, Employment Reports on Veterans;

52.222-40, Notification of Employee Rights Under the National Labor

Relations Act;

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

52.225-5, Trade Agreements;

52.225-13, Restriction on Certain Foreign Purchases;

52.232-33, Payment by Electronic Funds Transfer

52.247-34, FOB Destination

1352.201-70, Contracting Officer’s Authority

1352.201-72. Contracting Officer’s Representative (COR)

1352.209-73, Compliance With the Laws

1352.209-74, Organizational conflict of interest

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, 100 Bureau Drive, Gaithersburg, Maryland 20899

INSTRUCTIONS:

System for Award Management Registration

In accordance with FAR 52.204-7, 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

3:00 p.m. Eastern Time on April 17, 2015. FAX quotations shall not be accepted.

E-mail quotations shall be accepted at paula.wilkison@nist.gov. Please reference the

RFQ number in the subject line of email communications. Offerors’ quotations shall not be deemed received by the Government until the quotation is entered in the e-mail inbox set forth above.

Quotations shall be sent to the National Institute of Standards and Technology, Acquisition Management Division, Attn: Paula Wilkison, 100 Bureau Drive, Mail Stop

1640, Gaithersburg, MD 20899-1640. All Offerors should ensure the RFQ number is visible on the outermost packaging.

http://www.sam.gov/

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 Paula Wilkison, Contract Specialist on 301-

975-8448.

Addendum to FAR 52.212-1, Quotation Preparation Instructions

1) 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.

2) Technical Quotation: 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:

Technical Capability: The Offeror shall submit a technical description or service literature for the services it is proposing. The Offeror must demonstrate that its proposed service meets or exceeds each minimum requirement described in the statement of work by providing a citation to the relevant section of its technical description or service literature.

In addition to addressing the specifications listed herein, Offerors shall provide the following additional information:

1. Performance - vendor shall state their strategy to supply provide experienced factory trained personnel, specialized tooling, and service documentation and may include information such as staffing levels, experience of staff, certificates of training, available tooling, available service documentation, or any other relevant information.

2. Response Times – vendor shall state their strategy and expected lead times for ensuring response time requirements of this contract are met.

3. Parts inventory – vendor shall give a summary of their regular stock of parts for the PAS 5500/275D and the method of acquisition and expected lead times for parts they do not stock. The government does not require a vendor to stock parts as part of this requirement however timely access to replacement parts is a requirement.

4. Quarterly PM Plan – vendor shall provide a detailed quarterly preventative maintenance plan.

5. Escalation Plan – As part of any unscheduled service, the vendor’s onsite personnel may encounter problems and need to escalate the issue within their organization in order to provide a resolution. In addition, if NIST does not receive timely troubleshooting and repair, we may need to escalate a problem in the vendor’s organization. The vendor shall state their detailed escalation plan that will be used in order to resolve instrument issues. The plan shall detail the vendor’s internal escalation process as well as how NIST will initiate escalation with the vendor to ensure timely resolution of service issues.

3) Past Performance: The Offeror shall provide past performance information regarding relevant contracts (on the ASML PAS 5500/275D or similar equipment) 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 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.

4) Experience: The Offeror shall provide detailed information addressing its degree of relevant experience in successfully providing service, maintenance, and parts for the

ASML PAS 5500/275D. Past experience information may be based on systems provided to contacts cited as past performance references; however, the Offeror may include additional references relating to its experience information, if necessary.

Acceptance of Terms and Conditions (Addendum to FAR 52.212-1 (b) (11)): 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 evaluation criteria: 1) Technical Capability 2) Past Performance,

3) Experience, and 4) Price. All non-price factors, when combined, are more important than price.

Technical Capability: 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 service meets or exceeds all minimum requirements.

Quotations that do not demonstrate the proposed service meets all requirements will not be considered further for award. If an Offeror does not indicate whether its proposed service meets a certain minimum requirement, NIST will determine that it does not. NIST will give preference to Offerors who demonstrate that their proposed service exceeds

NIST’s requirements.

The specifications stated in this solicitation represent minimum specifications, and quotations shall meet or exceed each of these to be considered for award. However, exceedances in the following areas offer more value to the Government than exceedances to other specifications; accordingly, the best value determination will offer stronger consideration for exceedance in these areas:

1. NIST requires a vendor that can supply experienced factory trained personnel with the required tooling and system documentation to provide timely troubleshooting, calibration, and repair of its stepper instrument while ensuring maximum performance. Therefore, stronger consideration will be given to vendors that demonstrate a superior strategy to provide experienced factory trained personnel, specialized tooling, and service documentation.

2. NIST requires the ongoing maximum performance from its stepper instrument. Therefore, stronger consideration will be given to vendors that demonstrate a detailed and comprehensive quarterly preventative maintenance plans.

3. NIST requires a timely response to down time on its stepper instrument.

Therefore, stronger consideration will be given to vendors that demonstrate a strategy to ensure compliance with response times to provide service.

4. NIST requires a minimum amount of down time on its stepper instrument.

Therefore, stronger consideration will be given to vendors that demonstrate a complete and detailed service escalation plan.

5. NIST requires a timely response to down time on its stepper instrument.

Therefore, stronger consideration will be given to vendors that demonstrate timely access to required parts.

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, 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.

Experience: The Government will evaluate Experience to determine the degree of

Offeror’s experience in successfully providing comparable services, specifically for the types of applications described herein.

Price: The Government will evaluate price for reasonableness.

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. 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 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 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 protest, 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)