RFQ_SB1341_15_RQ_0338.pdf

CLASSIFICATION CODE: 66- Laboratory Equipment and Supplies

SUBJECT: Cryogen-free Cryostation

SOLICITATION NUMBER: SB1341-15-RQ-0338

RESPONSE DATE: May 5, 2015

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

Harry Brubaker, Contracting Officer, (301) 975-8330

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.

This solicitation is a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-81, effective April 10, 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 acquisition is

100% set-aside for small business.

In accordance with the non-manufacturer rule, the contractor 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.

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

Line Item 0001: One (1) Cryogen-free Cryostation

Introduction

The contractor shall furnish the necessary personnel, material, equipment, and services to fabricate, deliver, and install one cryogen-free cryostation.

Background

NIST has a requirement for a cryogen-free cryostat for cooling optical crystals to below 4 K.

Line Item 0001: Quantity one (1), Cryogen-free Cryostation

All items must be new. Prototypes, demonstration models, used or refurbished instruments will not be considered for award.

Minimum Requirements

1. Operating temperature range: 3.2K to 350K

2. Cryogen-free operation

3. Temperature stability less than 10 mK peak to peak

4. Differential vibration amplitude between the optical table and the sample on the stage cold plate must be 10 nm peak-to-peak or smaller.

5. Cooling power 100 mW at 4.2 K

6. Sample space minimum of 50 mm diameter by 40 mm high

7. Optical access to sample space that provides line of sight via 4 windows in horizontal plane at 90 degrees and 1 window on top. The optical access must be within 15 cm of the optical table surface the cryostation is placed on. The optical material must be S1-UV fused silica or an equivalent optical material, with a transmission level >90% between

400 nm and 1000 nm. This access includes both warm vacuum windows and cold internal windows for radiation shielding. All window diameters 20 mm or larger

8. Usable space around the outside of the sample vacuum chamber must be at least 12 cm without interference by cooler housing.

9. Must include a custom sample holder to hold a 3mm x 5mm x 10mm crystal by clamping it between two sapphire plates or similar. Sample temperature will be verified by simulating the sample with copper block and confirming temperature is less than 3.8K.

Custom sample holder will keep all metal parts at least 15mm away from sample chip.

Sample holder will firmly attached to system cold platform.

10. Must also include a custom mount for 20mm x 20mm plate with central hole. Plate spacing is 12mm. Includes plate, electrical connection and insulated holder.

11. A minimum of 25 free electrical connections must be provided into the sample area.

These free electrical connections are meant for future introduction of temperature sensors, heaters, etc, and do not include the connections needed for the low temperature stages and standard sensors and heaters used for system control. The electrical connections should be thermally lagged into the sample space. Two electrical connections and cabling must be capable of handling 1000V.

12. Sensors to measure the base temperature of the system (e.g., at the cold finger) and the temperature at the top of the sample must be provided. A heater to enable heating of the sample from cryogenic temperatures up to 300 K (or hotter) must be provided and installed. A temperature controller that enables measurements from the two sensors and control of the heater must be provided. Stronger consideration will be provided if closed-loop control of temperature utilizing the sample heater and cryocooler/helium compressor is provided.

13. The controllers must allow for either standalone manual operation, or remote operation through computer control. Computer control must be done through USB or GPIB, and all

Labview drivers or other necessary software for remote operation must be included.

14. All required software for running the system must be provided. This includes standalone software and/or Labview drivers.

15. The cryostat must be compatible with being situated on a standard vibration-isolated optical table (e.g., stainless steel surface with 1/4"-20 holes on 1” centers). The helium compressor and any required vacuum pumps must not sit on the optical table.

16. Any vacuum pump(s) required in cooling the system to cryogenic temperatures must either be included or offered an option item.

Installation

The system shall be installed by the Contractor and meet contract specifications no later than two weeks after delivery.

At a minimum, installation shall include uncrating/unpacking of all equipment, rigging, set-up and hook-up of the system, demonstration of all specifications, and removal of trash. Onsite installation and demonstration shall be done at NIST, 100 Bureau Drive, Gaithersburg, Maryland.

Express Warranty

The Contractor shall provide a minimum one year warranty.

Inspection and Acceptance

An acceptance period of thirty (30) days is required for this instrument.

Delivery

FOB Destination delivery terms are required, and shall take place in accordance with the

Contractor’s commercial schedule.

FOB Destination: The Contractor shall pack and mark the shipment in conformance with carrier requirements, deliver the shipment in good order and condition to the point of delivery specified in the purchase order, be responsible for any loss of and/or damage to the goods occurring before receipt and acceptance of the shipment by the consignee at the delivery point specified in the purchase order; and pay all charges to the specified point of delivery. The contractor shall deliver the items to NIST, Building 301, Shipping and Receiving, Gaithersburg, MD 20899.

PROVISIONS AND CLAUSES:

The following provisions and clauses apply to this acquisition and are hereby incorporated by reference. All FAR and CAR provisions and clauses may be viewed in full text at http://farsite.hill.af.mil/.

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

52.225-2, Buy American Certificate

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.

52.203-98, Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements—Representation (DEVIATION 2015-02) http://farsite.hill.af.mil/

Prohibition on Contracting with Entities that Require Certain Internal Confidentiality

Agreements—Representation (FEB 2015)

(a) In accordance with section 743 of Division E, Title VII, of the Consolidated and

Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(End of provision)

Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a

Felony Conviction Under Any Federal Law (Class Deviation) (March 2015)

(1) In accordance with Sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by the Consolidated and Further Continuing Appropriations Act, 2015 funding 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, where an awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government, or

(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, where the awarding agency is aware of the unpaid 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 agreement with the authority responsible for collecting the tax liability.

(End of provision)

Clauses

52.204-13, System for Award Management Maintenance

52.212-4, Contract Terms and Conditions—Commercial Items

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

52.232-39, Unenforceability of Unauthorized Obligations

52.232-40, Providing Accelerated Payments to Small Business Subcontractors

52.233-3, Protest After Award

52.247-34, FOB Destination

52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive

Orders—Commercial Items—Commercial Items including subparagraphs:

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;

52.219-6, Notice of Total Small Business Set Aside

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;

52.225-1, Buy American Act – Supplies;

52.225-13, Restrictions on Certain Foreign Purchases;

52.232-33, Payment by Electronic Funds Transfer

1352.201-70, Contracting Officer’s Authority

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

52.203-99, Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements (DEVIATION 2015-02)

Prohibition on Contracting with Entities that Require Certain Internal Confidentiality

Agreements (FEB 2015)

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a

Federal department or agency authorized to receive such information.

(b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and

Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the Contractor fails to comply with the provisions of this clause.

(End of clause)

Assurance by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony

Conviction Under Any Federal Law (Class Deviation) (March 2015)

(1) In accordance with Sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by Consolidated and Further Continuing Appropriations Act, 2015 and subsequent appropriations acts 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, where an awarding agency is aware of the conviction, 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, or

(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, where the awarding agency is aware of the unpaid 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) By accepting this award or order, in writing or by performance, the offeror/contractor assures that -

(a) The offeror/contractor is not a corporation convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(b) The offeror/contractor 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 agreement with the authority responsible for collecting the tax liability.

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 May 5, 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/Specifications by providing a citation to the relevant section of its technical description or service literature.

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

Award will be made on the basis of the lowest evaluated price of quotations meeting or exceeding the acceptability standards for technical capability.

Technical Capability: The offeror must demonstrate that its proposed equipment meets each minimum requirement described in the Statement of Work/Specifications by providing a citation to the relevant section of its technical description or product literature. 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.

Price: The Government will evaluate price for reasonableness, in accordance with 52.217-5.

Price will be evaluated based on the cumulative total of all the line item prices.

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