NIST_SB134115RQ0551_RFQ.pdf

FBO ANNOUNCEMENT: PRESOLICITATION NOTICE

ACTION CODE: <SYN/SOL>

CLASSIFICATION CODE: 66- Laboratory Equipment and Supplies

SUBJECT: Focused Ion Beam Scanning Electron Microscope (FIB-SEM)

SOLICITATION NUMBER: SB1341-15-RQ-0551

RESPONSE DATE: July 20, 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 2005-82, effective

June 8, 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.

Introduction

The contractor shall furnish the necessary personnel, material, equipment, and services to fabricate, install and test one Focused Ion Beam Scanning Electron Microscope (FIB-SEM).

Background

The National Institute of Standards and Technology has a requirement for a customizable focused ion beam scanning electron microscope (FIB-SEM) instrument with the capability of incorporating an in situ atomic force microscope (AFM). This instrument will be used as the focal point of a new research program in ion transport in materials, with emphasis on battery materials.

NIST intends to acquire the instrument as a fully functional FIB-SEM with a gallium focused ion beam, and then extensively modify (customize) the FIB portion of the instrument to incorporate our own lithium ion source. NIST requires the SEM portion of the instrument to include a state-of-the-art electron beam column, and have a number of associated measurement options as detailed below. The AFM portion must operate in multiple modes and be fully integrated with the rest of the instrument, as detailed below. A key feature that we seek is modularity of the instrumentation, such that a range of diagnostic techniques can be applied, and customized instrumentation can be incorporated with ease.

The development of new measurement tools and methods for nanoscale characterization that can subsequently be made available to users is a critical part of the CNST mission. The acquisition of this instrument, when combined with the ion source customization planned, will allow new measurements of the nanoscale effects of ions implantation, including ion transport and well as structural and electrical changes. Such measurements are critically needed in many areas, in particular the development of new battery technologies and resistive switching devices.

Minimum Requirements

The system shall meet or exceed the technical specifications identified in the attached Statement of Work. All items must be new. Prototypes, demonstration models, used or refurbished instruments will not be considered for award.

LINE ITEM 0001: Quantity One (1) Customizable Focused Ion beam scanning electron microscope (FIB-SEM), as specified in the attached Statement of Work.

LINE ITEM 0002: Quantity One (1) Lot, Documentation, as specified in the attached

Statement of Work.

LINE ITEM 0003: Quantity One (1) lot, Installation, as specified in the attached Statement of

Work.

LINE ITEM 0004: Quantity One (1) lot, Training, as specified in the attached Statement of

Work.

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 52.217-7 and 52.217-9.

OPTION LINE ITEM 0005: Quantity One (1): In-situ Atomic Force Microscope (AFM), as specified in the attached Statement of Work.

OPTION LINE ITEM 0006: Quantity One (1): Scanning transmission electron microscopy

(STEM) detector for imaging of electron-transparent samples, as specified in the attached

Statement of Work.

OPTION LINE ITEM 0007: Quantity One (1): Cathodoluminescence (CL) detector, as

OPTION LINE ITEM 0008: Quantity One (1) lot: Accessories Kit, as specified in the attached Statement of Work.

OPTION LINE ITEM 0009: Quantity One (1): Combination energy dispersive x ray spectroscopy (EDS) and electron backscatter diffraction (EBSD) data acquisition system, as

OPTION LINE ITEM 0010: Quantity One (1): Manual sample exchange load lock, as

OPTION LINE ITEM 0011, Quantity (1): Service Contract/Extended Warranty, as specified in the attached Statement of Work, to commence upon expiration of the one year factory warranty.

OPTION LINE ITEM 0012, Quantity (1): Service Contract/Extended Warranty, as specified in the attached Statement of Work, to commence upon expiration of option CLIN 0011, if exercised.

OPTION LINE ITEM 0013, Quantity (1): Service Contract/Extended Warranty, as specified in the attached Statement of Work, to commence upon expiration of option CLIN 0012, OPTION LINE ITEM 0014, Quantity (1): Service Contract/Extended Warranty, as specified in the attached Statement of Work, to commence upon expiration of option CLIN 0013, Installation

Installation requirements are stated in CLIN 0003 in the Statement of Work. Onsite installation and demonstration shall be done at Building 216, NIST, 100 Bureau Drive, Gaithersburg, Maryland.

Training

Training requirements are stated in CLIN 0004 in the Statement of Work. Training shall be done at Building 216, NIST, 100 Bureau Drive, Gaithersburg, Maryland.

Warranty

The Contractor shall provide, at a minimum, a 12-month warranty for the instrument and all of its components. Equipment manufactured by subcontractors shall also require a 12-month warranty.

The warranty shall commence upon final acceptance by the Government. Options exercised, delivered, and installed at a later date shall also be covered by a 12-month warranty which shall commence upon final acceptance of each option item.

Warranty service shall be performed on-site at NIST Gaithersburg during business hours only;

8:00 AM to 5:00 PM Eastern Time. All parts, labor, and travel shall be included.

In the event any components need to be returned to the Contractor’s (or subcontractor’s) facility for repair, the Contractor shall make arrangements for the shipment, provide all required nomenclature for the shipment, including a shipping account number and assume all costs for shipping and assume all liability for all shipments to and from NIST.

The Contractor shall respond to the Government’s request for service, via e-mail or telephone, not later than two business days after the request is received.

On-site service shall follow not later than 5 days after the telephone or e-mail response is received by NIST. All malfunctions shall be remedied not later than 60 days from the date the problem was called into the Contractor. All service personnel shall be factory trained on all aspects of the specific model of equipment supplied in this acquisition.

The warranty is not required to cover any parts modified by NIST personnel in the process of replacing the LMIS with the MOTIS source. Warranty on subsystems unrelated to the FIB shall continue regardless of FIB modifications.

Inspection and Acceptance

An inspection period of 30 days is required for this requirement.

In addition to the inspection and acceptance terms articulated in 52.212-4, the Government will perform the following performance tests and evaluations to verify specified system performance:

An image resolution equivalent to, or better than, the best resolution submitted by Offeror in response to Specification 2.1 shall be reproduced on site at NIST after installation and before acceptance.

These acceptance tests shall be conducted on-site at NIST after the tool installation. The

Contractor has the right to be present during the tests and evaluations at the Contractor’s expense.

Delivery

FOB Destination delivery terms are required, and shall take place in accordance with Contractor’s commercial schedule. The Contractor shall deliver all equipment to NIST, Building 301, Shipping and Receiving, Gaithersburg, MD 20899-1640. The Contractor shall contact the NIST

Contracting Officer's Representative (COR) at least one week prior to shipping.

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

52.225-18, Place of Manufacture;

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

Relating to Iran;

52.212-3 Offeror Representations and Certifications-Commercial Items http://acquisition.gov/comp/far/index.html

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 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)

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

Confidentiality Agreements—Representation (DEVIATION 2015-02)

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)

Clauses

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 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 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.

(End of clause)

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.

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;

52.204-13, System for Award Management Maintenance;

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;

52.219-9, Small Business Subcontracting Plan;

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;

52.225-25, Prohibition on Contracting with Entities Engaging in Sanctioned

Activities Relating to Iran;

52.232-33, Payment by Electronic Funds Transfer

52.217-7, Option for Additional Supplies-- Separately Priced Line Item

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 no later than one year after award.

Delivery timeframe for option items will be determined bilaterally at time of option exercise.

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.

52.247-35, FOB 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

1352.209-74, 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 Building 216, 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 July 1, 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.

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 http://www.sam.gov/ 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 product literature for the equipment it is proposing, which clearly identifies the manufacturer, make and model. 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 or product literature.

If the Offeror is not the manufacturer, evidence that the Offeror is authorized by the original equipment manufacturer to provide the item(s) in the quotation shall be included.

CLIN 0001 - In accordance with Specification 1.4, Offeror shall report the voltage increments available on their proposed instrument.

In accordance with Specification 2.1, Offeror shall provide digital images to support its claimed spot size limits for secondary electron imaging.

In accordance with Specification 4.5, Offeror shall provide information on accuracy, precision, and reproducibility of stage drives and associated motors as part of the required quotation submissions.

In accordance with Specification 4.6, Offeror shall provide information on the combined drift rate of the sample stage and electron optics system as part of the required quotation submissions.

OPTION CLIN 0005 - In accordance with Specification 2, Offeror shall provide information on

SEM viewing angle range and working distances accessible with AFM in place as part of the required quotation submissions.

In accordance with Specification 8, Offeror shall provide a description of the steps/process required to effect installation or removal of the AFM in the field.

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 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.

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

Technical Capability: All items must be new. Prototypes, demonstration models, used or refurbished instruments are not eligible for award. 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.

Quotations that do not demonstrate the proposed equipment meets all requirements are not eligible for award. If an Offeror does not indicate whether its proposed equipment meets a certain minimum requirement, NIST will determine that it does not. NIST will give preference to

Offerors who demonstrate that their proposed equipment 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 to the following specifications, as stated in the Statement of Work, offer more value to the Government than exceedances to the other specifications; accordingly, the best value determination will offer stronger consideration for exceedances of those specifications:

CLIN 0001

1. Specification 1.1 – lower minimum current/higher maximum current;

2. Specification 1.4 – larger voltage range;

3. Specification 1.5 – lower minimum landing energy;

4. Specification 2.1 – smaller spot size limits;

5. Specification 2.3.1 – user controlled adjustable bias or energy filtering;

6. Specification 2.3.2 – user controlled adjustable bias or energy filtering;

7. Specification 2.3.3 – variable user controlled energy threshold/directional segmental BSE detector;

8. Specification 2.4 – acquisition of at least two detector signals simultaneously;

9. Specification 2.5 – higher signal to noise ratios;

10. Specification 3.1 – lower minimum current/higher maximum current;

11. Specification 3.5 – additional clearance around the source portion of the FIB column;

12. Specification 4.3 – larger tilt range, including negative angles, and larger X,Y, Z ranges;

13. Specification 4.5 – higher accuracy, precision, and reproducibility of stage drives/motors;

14. Specification 4.6 – lower drift rate;

15. Specification 5.3 – larger work chamber dimensions;

16. Specification 5.4 – larger door dimensions;

17. Specification 5.5 – higher number and variety of ports;

18. Specification 6.5 – more complete set of library routines;

19. Specification 6.11 – real time observation of milling;

CLIN 0003

1. Specification 2 - detailed information exceeding the minimum required for adapting a magneto-optical trap ion source;

OPTION CLIN 0005

1. Specification 1 – safe transport of air-sensitive samples from glovebox to sample stage;

2. Specification 2 – larger range of SEM viewing angles and shorter SEM working distances;

3. Specification 3 – additional modes;

4. Specification 8 – ability to simply and quickly install or remove AFM in the field;

5. Specification 11 – data acquisition allows integration of FIB-SEM and AFM functionalities;

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.

Price: The Government will evaluate price for reasonableness.

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