SB1341-16-RQ-0640_-_COMBINED_SYNOPSIS_SOLICITATION_-_Furnace_Stacks.pdf

RFQ NUMBER SB1341-16-RQ-0346

Furnace Stacks

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THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

PREPARED IN ACCORDANCE WITH THE FORMAT IN FAR SUBPART 12.6-

STREAMLINED PROCEDURES FOR EVALUATION AND SOLICITATION FOR

COMMERCIAL ITEMS-AS SUPPLEMENTED WITH ADDITIONAL INFORMATION

INCLUDED IN THIS NOTICE. THIS ANNOUNCEMENT CONSTITUTES THE ONLY

SOLICITATION; QUOTATIONS ARE BEING REQUESTED, AND A WRITTEN

SOLICITATION DOCUMENT WILL NOT BE ISSUED. THIS SOLICITATION IS

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. The solicitation document incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-88, effective June 15, 2016.

The associated North American Industrial Classification System (NAICS) code for this procurement is 334516 with a small business size of 1000 employees.

This procurement is being competed using full and open competition.

1352.215-72 INQUIRIES (APR 2010)

Offerors must submit all questions concerning this solicitation in writing to forest.crumpler@nist.gov. Questions should be received no later than 5 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)

BACKGROUND:

The National Institute of Standards and Technology (NIST), Office of Acquisition and Agreements Management (OAAM), Acquisition Management Division (AMD) proposes to enter into a contract on a competitive, full and open competition for the Center for Nanoscale Science and Technology (CNST).

CNST supports the development of nanotechnology by providing industry, academia, NIST, and other government agencies with access to world-class nanoscale measurement and fabrication methods and technology. The CNST facility in Gaithersburg, Maryland has a unique design which supports the U.S. nanotechnology enterprise through the readily available shared NanoFab resource, as well as by providing opportunities in its NanoLab for collaborative development of the next generation of nanoscale measurement and fabrication instruments and methods.

The NIST CNST has a requirement for two Horizontal Diffusion/Oxidation/Low Pressure mailto:forest.crumpler@nist.gov mailto:Patrick.Staines@nist.gov

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Chemical Vapor Deposition (LPCVD) furnace stacks. Each stack will be configured for two (2) LPCVD furnaces and two (2) atmospheric furnaces and support substrates ranging from 200 mm wafers down to 1cm square pieces. The systems will be used to support nanofabrication in the CNST) nanotechnology user facility. The systems will be sited and used as a shared resource accessible to researchers from industry, academia, NIST, and other government agencies in the CNST NanoFab. The bench(s) shall meet the specifications described below.

This acquisition is for two (2) furnace stacks.

The Contractor shall provide a Firm Fixed Price quotation for the following Contract Line Items (CLIN): All materials must be new; rebuilt systems, first articles, or demonstration units will not be considered for award.

General Requirements:

The following general requirements apply to CLIN0001 and CLIN0002. The Contractor shall meet or exceed the following General Requirements, in addition to the requirements identified under each CLIN below.

1. Atmospheric Furnaces:

a. The furnace tubes shall be horizontal.

b. The thermal flat zone shall be 300 mm to 400 mm long

c. The maximum process temperature shall be ≥ 1300 °C

d. The minimum process temperature shall be ≤ 350 °C

e. The temperature deviation shall be less than +/- 1 °C at any process temperature between 350 °C and 1300 °C

f. Each gas panel for each furnace tube shall have 5 mass flow controller (MFC) controlled gas channels.

g. Each stack shall be equipped with an exhausted source cabinet that contains all process gas panels.

h. Any parts of the furnace process kit exposed to process temperatures shall be made of silicon carbide, including the process tube and end plates.

i. All wafer carriers shall be made of silicon carbide.

2. LPCVD Furnaces:

a. The furnace tubes shall be horizontal.

b. The thermal flat zone shall be 300 mm to 400 mm long

c. The maximum process temperature shall be ≥ 900ºC

d. The minimum process temperature shall be ≤ 350 °C

e. The temperature deviation shall be less than +/- 1 °C at any process temperature between 350 °C and 900 °C

f. Each gas panel for each furnace tube will have 5 mass flow controller (MFC) controlled gas channels rated for corrosive gas use.

g. Each stack shall be equipped with an exhausted source cabinet that contains all process gas panels.

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h. Any parts of the furnace process kit exposed to process temperatures shall be made of quartz, including the process tube and end plates.

i. All wafer carriers shall be made of quartz.

j. Each furnace shall be equipped with a vacuum system and associated instrumentation.

j.i. Vacuum system, pumps located on sub-Fab level, Edwards IH-600 or equivalent. (This is a brand name or equal requirement. Brand name or equal description is intended to be descriptive, but not restrictive and is to indicate the quality and characteristic of products that will be considered satisfactory to meet the agency’s requirement.)

j.i.i. Pressure control, 0 to 10 Torr via automatic butterfly valve. Purge gaspressure control will not be accepted.

j.i.i.i. Pressure gauges: each furnace tube shall be equipped with:

i.0 to 10 Torr process gauge.

ii.0 to 1000 Torr reference gauge.

iii.0 to 1000 Torr foreline gauge.

j.i.v Each furnace tube shall be equipped with a valved leak check port at the furnace level and vacuum pump level.

j.v. Particulate traps and heater jackets shall be used where appropriate to minimize the accumulation of process effluent on vacuum system components.

3. Processes:

Vendor shall provide standard process recipes for each tube configuration.

a. Vendor shall provide expected process results for each recipe on 100 mm and 200 mm silicon substrates.

b. All furnaces shall be capable of demonstrating expected process results across a load size of 25 wafers on 100 mm and 200 mm silicon substrates.

4. Temperature Control System:

a. All furnaces shall be capable of ramping from room temperature to maximum temperature at a rate of at least 10 °C/min.

b. Ramp rate shall be programmable and actual ramp rate shall be within 0.5 °C/min of setpoint.

c. Furnace temperature shall be controllable by spike thermocouple, profile thermocouple, or both (blended or cascade mode).

d. All thermocouples shall be type R or type S.

e. Calibration data including offsets shall be included with all profile thermocouples. All calibrated offsets shall be less than 0.5 °C.

f. Heater core cabinet shall be cooled to prevent over temperature conditions.

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g. Temperature control system shall be interlocked to prevent over temperature or run away temperature conditions.

h. Heater cores must be appropriately constructed for the temperature range they will operate in.

i. All tubes shall have at least 3 temperature control zones

j. For all tubes, the thermal flat zone shall be 300 mm to 400 mm in length.

5. Gas Delivery System:

a. Each furnace shall have 5 mass flow controllers installed.

b. Any unused gas channels shall be capped.

c. Each gas channel that dispenses toxic gas shall have a MFC bypass and

MFC purge circuit that is recipe controllable.

d. All fittings shall be orbital welded in the gas panel and weld joints should be kept to a minimum to avoid potential leakage points.

e. Each gas panel shall be leak checked and certified leak free to less than 1 x

10-8 atm cc/sec.

f. The gas panel shall be in an exhausted enclosure.

g. MFCs shall be of appropriate construction for the type of gas used.

6. Safety:

a. Each individual furnace shall have an input that NIST can connect to which prevents recipe operation. NIST uses an equipment control system that only allows trained users access to equipment. The connection to each furnace will be a relay closure which takes a DC voltage from the furnace and switches it on and off at the furnace input. This input shall prevent recipe starts and cause an abort condition if disabled during a run.

b. The furnace stack shall provide an input which when active will stop the flow of all hazardous gases. This input shall be tied into the building toxic gas monitoring system and will be used during a gas detection to disable the flow of all toxic gases and oxygen.

c. Hardware and software interlocks shall be provided to prevent unsafe operation of the furnace system. Interlocks shall include but not be limited to:

i.Hydrogen/Oxygen ratio on wet oxidation.

ii.Hydrogen/Oxygen minimum temperature.

iii.Hydrogen/Nitrogen or Hydrogen/Argon ratio on forming gas anneal.

iv.Hydrogen burnoff failure prevents forming gas flow.

v.Heater cabinet over-temperature.

vi.Nitrogen purge gas pressure interlock.

vii.Lockout gas flow of hazardous gases while tube is open.

viii.No phosphine flow without silane flow.

ix.No dichlorosilane and ammonia without being under vacuum.

7. User Interface:

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a. Loading recipes:

i.Each furnace should have a computerized user interface that allows for selecting, running, holding, and aborting recipes, the system shall also have different access levels that are password protected.

ii.Recipes shall be created, edited, and backed up at a central computer as well as at the furnace terminal. This shall include modifying a recipe during a process.

b. Editing recipes:

i.Editing shall be done at either the furnace terminal or the central computer.

ii.Editing during processing shall be available only to administrator level access.

iii.“On the fly” editing shall allow for changing any of the process parameters at any step during the process.

c. Running recipes:

i.Recipes shall be autonomous with little to no user interaction with the furnace system outside of loading and unloading the furnace.

ii.Recipes shall continue to run unless a problem is detected which will cause a redirect to a hold or abort step.

iii.Recipes shall not be allowed to continue to run unless the interlocks for the tool have satisfied their respective requirement.

d. Data logging:

i.Both furnace stacks shall have a centralized computer that monitors and records all states such as idle and in process for each furnace tube.

ii.All furnace parameters shall be capable of being monitored and logged.

iii.Logged data shall be user configurable for both idle state and recipe running state.

iv.Stored records shall be exportable to .csv file type or another comparable generic format for review.

v.Data shall be logged at a frequency of at least one data point every 6 seconds.

8. Wafer Loading System:

a. Each tube shall be equipped with a cantilever loading system which is a mechanized, computer controlled robot arm that loads the wafer carrier into the tube.

b. Each tube shall be equipped with a soft landing system which uses the cantilever to set a wafer carrier down inside of the tube and retracts such that no part of the cantilever is in the tube during the process cycle.

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c. The wafer loading system shall support SEMI standard silicon wafers 50 mm, 75 mm, 100 mm, 150 mm, and 200 mm in diameter.

d. Changing wafer carrier from one size to another shall not require retooling or changes to the furnace configuration.

e. The wafer loading system shall support the processing of small irregular shaped wafer pieces up to 40 mm per side. This may be accomplished using a carrier fixture in a standard wafer carrier.

f. The vendor shall provide 8 silicon carbide and 8 quartz wafer carriers sized for 50 mm, 100 mm, 150 mm, and 200 mm wafer diameters each that are compatible with the wafer loading and soft landing systems. The total number of wafer carriers supplied shall be 32 in silicon carbide for use in the atmospheric furnaces and 32 in quartz for use in the LPCVD furnaces.

9. Facilities and footprint:

a. The overall length of each stack, including source cabinet, load station and service perimeter shall not exceed 5.0 meters (16.4 ft.)

b. The overall width of each stack, including source cabinet, load station and service perimeter shall not exceed 1.5 meters (5 ft.)

c. The overall height of each furnace stack including source cabinet, load station and service perimeter shall not exceed 3.2 meters (10.5 ft.)

d. System Power: each stack shall be configured for 480 volts, 3 phase, 60 hertz operation without use of step transformers outside of the system footprint.

10. Consumables:

a. Vendor shall supply all components necessary to begin using the furnaces upon installation.

CLIN0001, The Contractor shall provide a quantity of (1) one, - 200 mm Atmospheric/LPCVD four tube furnace stack 1, meeting or exceeding the following minimum requirements, in addition to the General Requirements identified above:

1. Furnace stack 1 shall have four horizontal furnace tubes configured from top to bottom as follows:

a. Tube 1, Pyrogenic Oxidation:

i.Gases: Hydrogen, Oxygen, Trans-LC with Nitrogen carrier, Nitrogen, Argon ii.External pyrogenic oxidation torch iii.Processes: Wet Oxidation of Silicon, Dry Oxidation of Silicon, Diffusion iv.Vendor shall provide Trans-LC temperature controller and initial bubbler/fill.

b. Tube 2, Anneal:

Page | 7 i.Gases: Hydrogen, Oxygen, Nitrogen, Argon, Spare ii.Forming Gas anneal using Hydrogen 0-10% with Nitrogen or Argon iii.Hydrogen burnoff required.

iv.Processes: 10% Forming gas anneal, Diffusion

c. Tube 3, LPCVD Silicon Nitride:

i.Gases: Dichlorosilane, Ammonia, Nitrogen, Spare.

ii.Processes: Stoichiometric Silicon Nitride and Low Stress Silicon Nitride

d. Tube 4, LPCVD Doped Polysilicon:

i.Gases: Silane, Phosphine, Nitrogen, Spare.

ii.Processes: N-Doped and Undoped Polysilicon iii.Phosphine gas line from connection point to furnace inlet must be at least ½” stainless steel tubing. The mass flow controller must be a low differential pressure 10 sccm type for use with sub-atmospheric gas sources.

CLIN0002 - The Contractor shall provide a quantity of (1) one, - 200 mm Atmospheric/LPCVD four tube furnace stack 1, meeting or exceeding the following minimum requirements, in addition to the General Requirements identified above:

1. Furnace stack 2 shall have four horizontal furnace tubes configured from top to bottom as follows:

a. Tube 1, Pyrogenic Oxidation:

i.Gases: Hydrogen, Oxygen, Trans-LC with Nitrogen carrier, Nitrogen, Argon ii.External pyrogenic oxidation torch iii.Processes: Wet Oxidation of Silicon, Dry Oxidation of Silicon, Diffusion iv.Vendor shall provide Trans-LC temperature controller and initial bubbler/fill.

b. Tube 2, Anneal:

i.Gases: Hydrogen, Oxygen, Nitrogen, Argon, Spare ii.Forming Gas anneal using Hydrogen 0-10% with Nitrogen or Argon iii.Hydrogen burnoff required.

iv.Processes: 10% Forming gas anneal, Diffusion

c. Tube 3, LPCVD Silicon Nitride:

i.Gases: Dichlorosilane, Ammonia, Nitrogen, Spare.

ii.Processes: Stoichiometric Silicon Nitride and Low Stress Silicon Nitride

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d. Tube 4, LPCVD Low Temperature Oxide and TEOS Deposition:

i.Gases: Silane, Oxygen, Nitrogen, Nitrogen (TEOS carrier), Spare ii.Processes: Silane/Oxygen Low Temperature Oxide and TEOS Oxide iii.Vendor shall supply all hardware necessary for TEOS delivery, including but not limited to TEOS source cabinet, initial ampule/fill, and interconnecting heated delivery lines.

CLIN0003 – Training:

Training is to be provided by the contractor for up to four (4) people and shall be conducted at NIST facility at the time of installation for no less than three (3) days. Training shall be separate from installation and demonstration efforts and shall include detailed information to maintain, repair and troubleshoot problems that can arise during normal operation.

Additionally, where factory training classes are available, contractor shall provide training credits for two people to attend five (5) days of operation and maintenance training as it pertains to the system. Training credits shall be redeemable up to twelve (12) months after delivery/installation is completed and travel to utilize training credits shall be at NIST’s expense. NIST is not obligated to utilize training credits.

OPTION LINE ITEMS

Contract Line items 0004 and 0005 are option line items. The Contractor must provide a firm-fixed price for the option line item. Pricing for the option line item shall remain valid for a period of 12 months after receipt of award.

The Government may, at their discretion, exercise the option line item at the time of award. The Government is not obligated to exercise the option line item.

CLIN0004 - (OPTIONAL) The Contractor shall provide a quantity of (1) one Wafer Transport System, meeting or exceeding the following minimum requireemnts:

1. Wafer Transport System, Stack 1

a. The Wafer Transport System is a mechanized, digitally controlled mechanism that loads the wafers from a user load station onto the appropriate cantilever within the stack.

b. The wafer transport system shall support SEMI standard silicon wafers 50 mm, 75 mm, 100 mm, 150 mm, and 200 mm in diameter.

c. Changing wafer carrier from one size to another shall not require retooling or changes to the furnace configuration.

d. The wafer transport system shall support the processing of small irregular shaped wafer pieces up to 40 mm per side. This may be accomplished using a carrier fixture in a standard wafer carrier.

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e. The wafer transport system shall be capable of manual loading at the user load station.

CLIN0005 - (OPTIONAL) The Contractor shall provide a quantity of (1) one Recommended Spares Kit, meeting or exceeding the following minimum requirements:

1. The Contractor shall provide list of included parts in recommended spares kit. If vendor offers different levels of recommended spares kits, provide information and pricing regarding all of them.

Delivery

Delivery must be FOB DESTINATION (Gaithersburg, MD). The contractor is responsible for ensuring all associated deliverables are received on-site NO LATER THAN ONE (1) YEAR after award of the contract. Delivery shall also not be earlier than 120 days after award.

FOB Destination means: 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 all Line Items to the designated delivery location:

The National Institute of Standards and Technology 100 Bureau Drive, Bld 215, Loading Docks Gaithersburg, MD 20899-1640

Equipment must be delivered to the designated delivery location where equipment will be unpacked and inspected for damage by NIST. The condition of equipment will be documented.

The systems shall be delivered as turnkey systems complete with quartz and silicon carbide fixtures, gas panels and vacuum systems.

Installation

Installation shall take place between 60-90 days after receipt of delivery. Prior to the installation date, NIST shall have been responsible for moving the equipment from the delivery location to the installation location where it will be sited and connected to all necessary building facilities.

The Installation location is listed below:

The National Institute of Standards and Technology 100 Bureau Drive, Bld 215, Room B106 Gaithersburg, MD 20899-1640

After siting and connections are completed, contractor will be responsible for equipment set-up

Page | 10 and interconnects between system components at installation location.

The systems shall be installed in a vertical laminar flow, class 100 cleanroom. Installation shall include, at a minimum, set-up and hook-up of all equipment, start-up, and demonstration of all required specifications. Vacuum pumps will be located in the subfab beneath the process level approximately 15 m away. During tool startup, contractor is responsible for running qualification wafers, working with NIST engineer to demonstrate process capability.

I. Immediately following installation, contractor shall demonstrate successful operation of the furnaces, which includes verification of pumping system, gas system, wafer transfer system, soft landing, recipe functions, and all safety interlocks.

II. Immediately following installation, contractor shall demonstrate film deposition for each process in each furnace tube using characterization by optical spectroscopy, wet etch, and stress measurements.

III. All qualification information will be evaluated by NIST within 30 days of receipt.

Express Warranty:

The contractor shall warrant the entire system for a period of at least one year. The warranty must include unlimited telephone/e-mail support for questions regarding operation. All costs including parts, labor, travel, and other expenses necessary to repair the system will be borne solely by the contractor at no additional cost to the U.S. Government during the warranty period.

Inspection and Acceptance:

In addition to the inspection and acceptance terms articulated in 52.12-4, the Government reserves the right to perform such performance tests and evaluations as defined below to verify specified system performance. Such tests and evaluations, if performed, shall be conducted within the environment that the system is operated. The Contractor has the right to be present during the tests and evaluations, if performed, at the Contractors expense.

The following performance measurements are required:

Final acceptance shall take place within 30 days of installation.

Quotation Submissions and Instructions:

Due Date for Quotations

Offerors shall submit their quotations so that NIST receives them not later than 3:30 p.m.

Eastern Time on August 05, 2016. FAX quotations shall not be accepted. E- mail quotations shall be accepted at forest.crumpler@nist.gov. Offeror’s quotations shall not be deemed received by the Government until the quotation is entered into the e-mail address inbox set forth above.

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Addendum to FAR 52.212-1, Quotation Preparation Instructions

1.) 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 system it is proposing, which clearly identifies each requirement listed. The offeror must demonstrate that its proposed system meets or exceeds each minimum specification by providing a citation to the relevant section of its technical description or product literature. The contractor must not simply state they will meet the requirement; evidence must be provided. If applicable, evidence that the Offeror is authorized by the original provider to provide the item(s) in the quotation should be included.

The offeror shall also provide technical information that addresses the following:

Ease of Use – Demonstrate how users can be trained to operate furnaces, edit recipes and extract run data. This item includes, but is not limited to, the following information:

- Sequence of operations: How do users load and execute a recipe. Provide step by step information.

- Sequence of recipe editing: How do users edit process recipes. What safe guards are in place to prevent terminal operation?

- Sequence of data capture and retrieval: How do users initiate run logs and retrieve raw data for export into text or csv format.

Process Capability – Demonstrate the variety of processes available. This item includes, but is not limited to, the following information:

- The contractor shall supply a list of established processes and any additional reference information such as application notes, critical parameter analysis, and process performance relevant to the types of furnaces purchased under this solicitation

Ease of Maintenance – Demonstrate the ability for user maintenance. This item includes, but is not limited to, the following information:

- contractor shall submit preventative maintenance schedules as well as required parts lists for each furnace type.

- contractor shall submit a step by step procedure for replacing a furnace tube with step times.

- contractor shall submit a step by step procedure for replacing a heater core with step times.

Safety – Demonstrate the safety elements that prevent users from using equipment in an unsafe manner. This item includes, but is not limited to, the following information:

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- contractor shall demonstrate risk mitigation against unsafe conditions.

- contractor shall submit a list of all safety interlocks both hardware and software.

2.) 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.

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

3.) Experience:

The offeror shall demonstrate the extent to which it has recently manufactured, fabricated, and distributed similar equipment. contractor shall submit a list of at least three similar systems supplied in the past three (3) years. Information shall include the model name/number, date of sale, end user name, and end user contact information.

4.) Price Quotation:

The offeror shall submit an original and one copy of the completed priced schedule quotation. 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. Contractor shall state warranty coverage. Price quotations shall remain valid for a period of 90 days from the date quotations are due.

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Optional Items: If different pricing is required for awarding options at initial award versus field retrofitting within one year, please ensure pricing for both scenarios is included.

This is an Open-Market Combined Synopsis/Solicitation for the equipment identified above.

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

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

OR

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

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

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

The Dun and Bradstreet Number (DUNS number) for the quoter’s active System for Award Management (SAM) registration. Quoters must have an active registration at www.SAM.Gov to receive an award;

Quoters shall include a completed copy of the attached provision, “Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2015)” with their quotation.

SMALL BUSINESS SUBCONTRACTING PLAN:

In accordance with FAR 52.219-9 entitled “Small, Small Disadvantaged and Women Owned Small Business Subcontracting Plan”, a subcontracting plan must be submitted for this acquisition. Businesses not certified as a small business must submit a Small Business Subcontracting Plan.

(End of Provision)

FAR 52.212-2, Evaluation – Commercial Items

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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.

Technical Capability is more important than past performance and experience, which are equivalent to each other. All factors, when combined, are significantly more important than price.

1. Technical Capability: No prototypes, demonstration models, used or refurbished instruments 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 the sub-factors below. The sub-factors for Technical Capability are:

a. Minimum Specifications: Offers must meet all criteria listed for General

Requirements and each CLIN.

Evaluation: NIST shall evaluate offers on a “Pass/Fail” basis for this sub-factor. Offers that do not meet all of the Minimum Specifications will not be given further consideration.

b. Ease of Use: The CNST NanoFab is a multi-user facility and its users range from

30-year cleanroom veterans to new inexperienced users. The ease of training users to operate the furnaces, edit recipes, and extract run data is critically important to the operation of the NanoFab.

Evaluation: NIST will evaluate offers based on the ability to demonstrate sequence of operation, recipe editing, and data capture to determine ease of use. Ease of use will be demonstrated by intuitive software with minimal steps required for successful operation while preventing unsafe operation. In addition, software that allows for fixed and variable parameters within recipe steps (example fixed or variable gas flows and fixed or variable time parameters) greatly improves ease of use.

c. Process Capability: The CNST NanoFab is a multi-user facility with a wide array of active research projects. Factory support of a wide variety of processes is critical to supporting users’ timely completion of their research.

Evaluation: NIST will evaluate offers based on the ability to demonstrate the quantity and quality of turnkey processes available. Process Capability will be demonstrated by process data sheets that include recipe conditions, film quality measurements, and parameter interactions in an application note format.

d. Ease of Maintenance: The CNST NanoFab is a multi-user facility with a wide array of active research projects. Equipment up time and mean time between failures is critical to helping users achieve their research goals in a timely manner.

Evaluation: NIST will evaluate offers based on the ability to demonstrate the preventative

Page | 15 maintenance schedule, tube replacement, and heater core replacement procedures for ease and timeliness of execution. Ease of Maintenance will be demonstrated by time to service requirements.

e. Safety: The CNST NanoFab is a multi-user facility with a wide array of active research projects. Ensuring users are not able to use equipment in an unsafe manner is critical to overall safety.

Evaluation: NIST will evaluate offers based on the ability to demonstrate the interlock list provided to determine how comprehensive the equipment mitigates the potential for unsafe conditions. Offers will be rated based on the extent to which this sub-factor is demonstrated.

2. 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.

3. Experience: NIST will evaluate the extent of the offeror’s experience providing similar or same equipment as required above.

4. Price: The Government will evaluate all CLINs, including Option CLINs, for price reasonableness.

ESRS Reporting

The Contractor shall report all subcontract awards to small, small disadvantaged, women-owned, HUBZones, veteran-owned and service-disabled veteran-owned small business concerns. The reports shall be prepared using the electronic Subcontracting Reporting System (eSRS) via the internet at http://www.esrs.gov. The Individual Subcontracting Report (ISR), formerly SF 294, shall be submitted semi-annually for the periods of October 1 through March 31 and April 1 through September 30. The Summary Subcontracting Report (SSR), formerly, SF 295 shall be submitted annually for the period of October 1 through September 30.

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Contractor Performance Evaluations

During the life of this contract, Contractor performance will be evaluated on an interim (if applicable) and final basis pursuant to FAR Subpart 42.15. The Contractor Performance Assessment Reporting System (CPARS) will be utilized for these reviews. Information on CPARS can be located at http://www.cpars.gov.

Clauses and Provisions:

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.

52.252-1 Solicitation Provisions Incorporated by Reference

This contract incorporates one or more provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/.

52.204-7 – System for Award Management 52.212-1 – Instructions to Offerors-Commercial Items 52.212-3 – Offerors Representations and Certifications-Commercial Items 52.204-16 – Commercial & Government Entity Code Reporting 52.204-17 – Ownership or Control of Offeror 52.204-18 – Commercial & Government Entity Code Maintenance 52.219-1 - Small Business Program Representation 52.225-5 - Trade Agreements 52.225-6 - Trade Agreements Certificate Trade Agreements Certificate (May 2014)

(a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled “Trade Agreements.”

(b) The offeror shall list as other end products those supplies that are not U.S.-made or designated country end products.

Other End Products Line Item No. Country of Origin:

[List as necessary]

(c) The Government will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the http://www.sam.gov/ http://www.acquisition.gov/far/

Page | 17 restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for those products are insufficient to fulfill the requirements of this solicitation.

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)

Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2014)

(1) In accordance with Sections 536 and 537 of Division B of Public Law 113-76 Consolidated Appropriations Act, 2014, none of the funds made available by Consolidated Appropriations Act, 2014 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 the 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

Page | 18 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.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items.

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters https://acquisition.gov/far/current/html/52_207_211.html#wp1146366 https://acquisition.gov/far/current/html/52_233_240.html#wp1113329 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://acquisition.gov/far/current/html/52_233_240.html#wp1113344 http://uscode.house.gov/ https://acquisition.gov/far/current/html/52_200_206.html#wp1137622 http://uscode.house.gov/ http://uscode.house.gov/ https://acquisition.gov/far/current/html/52_200_206.html#wp1141983 http://uscode.house.gov/ https://acquisition.gov/far/current/html/52_200_206.html#wp1144881 https://acquisition.gov/far/current/html/52_200_206.html#wp1141649 http://uscode.house.gov/ https://acquisition.gov/far/current/html/52_200_206.html#wp1151163 https://acquisition.gov/far/current/html/52_200_206.html#wp1151299 https://acquisition.gov/far/current/html/52_207_211.html#wp1140926 https://acquisition.gov/far/current/html/52_207_211.html#wp1145644

Page | 19

(Jul 2013) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

X (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Jan 2011) of 52.219-4.

__ (13) [Reserved] __ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

_X_ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Oct 2014) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

X_ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

_X_ (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C.

632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X_ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212).

_X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

_X_ (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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