Combined_Synopsis_Solicitation_Brand_Name_or_Equal_Full_and_Open_Competition_Cryogen_Free_Cryostat_System.docx

FBO ANNOUNCEMENT: COMBINED SYNOPSIS/SOLICITATION

ACTION CODE: ˂COMBINED˃

CLASSIFICATION CODE: 66-Laboratory Equipment and supplies SUBJECT: Cryogen Free Cryostat System

SOLICITATION NUMBER: SB1341-16-RQ-0888

RESPONSE DATE: September 03, 2016 CONTACT POINTS: Ranae Armstrong, Contract Specialist 301-975-8088 Lynda Roark, Contracting Officer 301-975-3725

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. 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 (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC-90)

1352.215-72 INQUIRIES (APR 2010)

Offerors must submit all questions concerning this solicitation in writing to the contract specialist within seven (7) days of the posting. All responses to the 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 1,000 employees. This requirement is being competed as full and open competition. All interested responsible business concerns, regardless of size, may submit a quotation.

***The National Institute of Standards and Technology is seeking to purchase a ** CRYOGEN FREE CRYOSTAT SYSTEM**

Background The optical spectroscopy measurements intended to be performed using the cryogen-free cryostat system include femtosecond time-resolved pump-probe spectroscopy, terahertz time-domain spectroscopy and photoluminescence/Raman spectroscopy. Modular vacuum shrouds are required to allow light excitation and collection in a number of different reconfigurable experimental settings; while still allowing sample access from all radial sides within the optical table. Low-temperature compatible microscope objectives and nanopositioners are required to be placed inside the cryostat to achieve state-of-the-art performance in terms of imaging, and spectroscopy while maintaining high stability and low-sample drift. A cryostat directly integrated into the optical table with the cold-plate at the level of the optical table allows for low-temperature optical measurement setup to be directly integrated into standard optical setups. The technical specifications for the cryostat and shroud design, nanopositioners and low-temperature objectives in the proposed solicitation are determined based on the experiments parameters that we envision measuring with such a system while allowing ease of operation.

Minimum Requirements Brand Name or Equivalent: This is a brand name or equivalent requirement. Brand name or equivalent 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.

The system shall meet or exceed the salient characteristics identified below. All items must be new. Used or remanufactured equipment, will not be considered for award. Experimental, prototype, first articles, demonstration model, otherwise developmental systems or custom items will not be considered for award. The use of “gray market” components not authorized for sale in the U.S. by the proposer is not acceptable. All line items shall be shipped in the original manufacturer’s packaging and include all original documentation and software when applicable

Line Item 0001: Quantity of one (1) CRYOGEN-FREE CRYOSTAT SYSTEM, that meets or exceeds the technical specifications listed below:

Technical Specifications:

1. System shall be a closed-cycle, cryogen-free cryostat using a variable flow helium compressor or equivalent cooling approach. The compressor shall be water-cooled. Both the cryo-cooler and the variable flow helium compressor including any vacuum pumps shall be included in the offered system.

2. The interior sample chamber (cold space) shall have a diameter of at least 75 mm but not larger than 100 mm. The height of the cold-plate shall be at the level of the breadboard of the optical table. Exact dimensions of the sample chamber drawings shall be reviewed with the end user after award of the contract but prior to beginning construction of the system.

3. The cryostat shall be compatible to be directly coupled to an existing custom designed Newport RS4000 vibration-isolated optical table with Newport S2000A legs (the optical table has a stainless steel surface consisting of ¼” – 20 holes on 1” centers). No components of the cryostat system except the vacuum shroud containing the optical windows shall reside on top of the optical table. The helium compressor, cryo-cooler, cold head driver, electronic control unit and/or any vacuum pumps shall not sit on the optical table. A cryostat directly integrated into the optical table with the cold-plate at the level of the optical table allows for low-temperature optical measurement setup to be directly integrated into standard optical setups from all radial directions. No cryostat part or flex lines (except the vacuum shroud) on the optical table maximizes the usable work-area on the optical table.

4. Cryogenic stage integration: System shall come equipped with five (5) low temperature compatible motorized stages required for precise nanopositioning of the sample and the objectives. Stage requirements shall include:

1. One (1) Attocube Systems model ANPx101/LT/RES, OR EQUIVALENT coarse positioners, providing a minimum of 5 mm of linear (in-plane) translation, a minimum open-loop step size of less than 15 nm, and a closed-loop sensor resolution less than 250 nm, all at 4.2 K. The stage shall be less than or equal to 25 mm x 25 mm x 12 mm in size. The stage shall be compatible for integration within the cryostat, and achieve base temperature of 5K at the top of the stage stack.

2. One (1) Attocube Systems model ANPz101/LT/RES, OR EQUIVALENT coarse positioner, providing a minimum of 5 mm of linear (out-of-plane) translation, a minimum open-loop step size of less than 15 nm, and a closed-loop sensor resolution less than 250 nm, all at 4.2 K. The stage shall be less than or equal to 25 mm x 25 mm x 25 mm in size. The stage shall be compatible for integration within the cryostat and achieve base temperature of 5K at the top of the stage stack.

3. Two (2) Attocube Systems model ANPx311/HL/LT/RES, OR EQUIVALENT coarse positioner (or equivalent), providing a minimum of 6 mm of linear (in-plane) translation, a minimum open-loop step size of less than 20 nm, and a closed-loop sensor resolution less than 250 nm, all at 4.2 K. The stage shall be less than or equal to 30 mm x 30 mm x 10 mm in size. The stage shall be compatible for integration within the cryostat and achieve base temperature of 5K at the top of the stage stack.

4. One (1) Attocube systems model ANSxyz100/LT scanner, OR EQUIVALENT, providing a travel range of at least 25 micrometers x 25 micrometers x 10 micrometers and sub-nanometer resolution in all dimensions at 4.2 K. The stage shall be less than or equal to 25 mm x 25 mm x 12 mm in size. The stage shall be compatible for integration within the cryostat and achieve base temperature of 5K at the top of the stage stack.

5. All stages, or combinations thereof, shall be compatible for integration within the interior sample chamber (cold space) of the cryostat. Stages for sample nanopositioning shall be capable of being mounted in one stack using one or more of the following:

1. Attocube ANPz101/LT/RES, OR EQUIVALENT,

2. Attocube ANPx101/LT/RES. OR EQUIVALENT; AND/OR

3. ANSxyz100/LT OR EQUIVALENT

The high-load stages meant for positioning of the objective(s) shall be mounted separately using Attocube ANPx311/HL/LT/RES, OR EQUIVALENT on either side of the sample stack for confocal transmission or reflection measurements.

6. Stages shall be completely integrated in the cryostat including

1. routing of all stage wires,

2. incorporation of electrical feedthroughs to route wires from the control electronics to the stages, and

3. any thermal braids needed to achieve base temperature of 5K at the top of the stage stack.

7. All necessary control electronics for independent control of all stages shall be included; Attocube Systems ANC350/3/RES, ANC350/SCAN, OR EQUIVALENT MODEL. The control electronics shall:

1. drive the stages over their full translation ranges,

2. achieve the resolution levels for all five (5) stages as listed in Specification#4 (sub-specifications 4-1, 4-2, 4-3 and 4-4) above, and

3. read out the stage positions (for the encoded stages).

The controllers shall allow for either standalone manual operation; OR remote operation through computer control. Computer control shall be done through USB OR GPIB. All LabView drivers and/or other necessary software for remote operation shall be included.

5. Vibration amplitude at the sample platform shall be <5 nm peak-to-peak.

6. Integrated objectives:

a. Two low-temperature compatible microscope objectives that can be integrated into the cold-space are required. The objectives shall be situated such that there is no window between it and the sample surface. The microscope objectives must also meet the following requirements:

1. The numerical aperture of the objective shall be 0.75 or higher.

2. Apochromatic operation shall be in the range of 750 nm to 950 nm.

3. Antireflection coated shall be for 600 nm to 1050 nm.

4. Transmission shall be >80% in the 400 nm to 900 nm range.

b. The objective choice shall be reviewed with the end user after award of the contract but prior to beginning construction of the system

7. Differential vibration amplitude between the objective and sample on top of the stage stack shall be less than 50 nm peak-to-peak. A smaller differential vibration amplitude between the objective and the sample allows for weak optical signals to be acquired from a nanoscale sample over an extended period of time without worrying about sample-drift. It also ensures that the sample does not move out of the focal volume of the illumination/collection objective.

8. Fiber optic feedthrough allowing introduction of two 250 micrometer-jacketed optical fibers into the cryostat sample chamber shall be provided. Feedthrough shall consist of a 1/8” Swagelok tube fitting welded to the appropriate cryostat flange.

9. Feedthrough allowing introduction of two high-frequency SMA lines into the sample space shall be provided.

10. A minimum of 25 (but no more than 35) free electrical connections shall be provided into the sample area. The wiring shall be heat sunk at 4K. 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. The electrical connections shall be thermally lagged into the sample space.

11. The cryostat system shall include four (4) interchangeable vacuum shrouds to meet the following specifications:

a) One Standard Vacuum Shroud designed to host one low-temperature compatible microscope objective to perform confocal reflection microscopy (illumination and collection from the top window), which shall have the following minimum specifications:

i. Five optical windows (four side-windows and one top-window) in this shroud shall be made of fused-silica with a thickness between 1mm to 2mm.

ii. All optical windows must be wedged at 1̊ angle and anti-reflection coated for the spectral range between 400nm-1000nm.

iii. The windows shall be mounted on the vacuum shroud such that they can be exchanged and are interchangeable by the end user without affecting the system performance.

b) One Custom Vacuum Shroud designed to host two low-temperature compatible microscope objectives to perform confocal transmission microscopy (illumination and collection from two mutually opposite side windows, which shall have the following minimum specifications:

i. This vacuum shroud shall consist of nine optical windows (eight side-windows and one top-window) for line-of-sight access to the microscope objective(s) and sample space.

ii. The eight side-windows shall be equally spaced radially to allow unobstructed optical access from any radial direction on the optical table. The ability to illuminate and collect light from multiple radial angles allows goniometric angle-resolved transmission and reflection experiments to performed over a wide-range of angles.

iii. The top optical window in this shroud shall be made of fused-silica with a thickness between 1mm to 2mm.

iv. Alternating eight side windows shall be made of fused-silica and MgF2 respectively.

v. All optical windows shall be wedged at 1̊ angle and anti-reflection coated for the spectral range between 400nm-1000nm.

vi. The windows shall be mounted on the vacuum shroud such that they can be exchanged and are interchangeable by the end user without affecting the system performance.

vii. For custom shroud with two objectives to allow confocal transmission measurements a steady state temperature of <10K is required.

c) One Standard Vacuum Shroud designed to host one room-temperature microscope objective with standard rms (0.800"-36) thread to perform confocal reflection microscopy (illumination and collection from the top window), which shall have the following minimum technical specifications:

i. The five optical windows (four side-windows and one top-window) in this shroud shall be made of fused-silica with a thickness between 1mm to 2mm.

ii. All optical windows shall be wedged at 1̊ angle and anti-reflection coated for the spectral range between 400nm-1000nm.

iii. The windows shall be mounted on the vacuum shroud such that they can be exchanged and are interchangeable by the end user without affecting the system performance.

d) One Standard Vacuum Shroud designed to allow ultra-low working distance such that the sample can be placed between 0.5 mm to 2 mm from the bottom of the top-window thereby allowing access to the sample using external high numerical aperture optics, which shall meet the following minimum requirements.

i. The four optical side windows in this shroud shall be made of fused-silica with a thickness between 1mm to 2mm.

ii. The top optical window shall be made of fused silica with a thickness of 0.5 mm.

iii. All optical windows must be wedged at 1̊ angle and anti-reflection coated for the spectral range between 400nm-1000nm. T

iv. The windows shall be mounted on the vacuum shroud such that they can be exchanged and are interchangeable by the end user without affecting the system performance.

All four vacuum shrouds shall include all the necessary parts for focusing and thermal connection to the cold-plate. The proposed design of each vacuum shroud including choice of the material for the optical windows, window thickness, anti-reflection coatings and wedge options shall be submitted with the quotation.

12. Temperature fluctuations at the top of the stage stack shall be <20 mK peak-to-peak.

13. The system shall reach 5K at the top of stage stacks in less than 5 hours.

14. Sensors to measure the base temperature of the system (e.g., at the cold finger) and the temperature at the top of the sample positioning stack shall be provided and installed in the system. A heater to enable heating of the sample from cryogenic temperatures up to 300 K (or hotter) shall be provided and installed. A temperature controller that enables measurements from the two sensors and control of the heater shall be provided.

15. The cryostat system shall include four (4) sample holders compatible with the low-temperature nanopositioning stages for easy mounting of the samples in the work-space. One of these four sample holders shall contain a calibrated, magnetic field compatible temperature sensor and integrated heater for closed-loop control of the sample temperature.

16. Any vacuum pump(s) required in cooling the system to cryogenic temperatures shall be included. During standard operation, the system must reach a base pressure of 1.5 x 10-5 torr or lower.

17. The helium compressor shall include >20 meters long flex lines such that the compressor can be placed in the service galley outside the main laboratory.

18. Cool-down and pump-out shall be fully automated and controlled via computer interface.

19. All required software for running the system shall be provided, including standalone software and/or LabView drivers. The software shall allow for temperature set-point control, temperature monitoring, and diagnostics of the vacuum pump-down and helium compressor.

Line Item 0002: Optional Line Item:

The contractor shall provide a commercial extended warranty.

Contract Line item 0002 is an option line item. 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 is not obligated to exercise the option line item.

Line Item 003: Installation

The system shall be installed by the Contractor no later than two (2) weeks after the complete system is received by NIST and all site preparation requirements have been met. Installation shall occur in Building 216, room D111 of the NIST Gaithersburg, MD Campus on a Monday – Friday between the hours of 8:00AM – 5:00PM EST; excluding federal holidays. The contractor shall contact the NIST COR at least five (5) business days prior to the date of the installation (via email) to allow adequate time for visitor registration.

a) The vendor is responsible for the delivery and installation of the full system to the building and room specified at NIST.

b) The vendor shall contact the NIST Contracting Officer’s Representative (COR) via email at least one week prior to the shipping date to coordinate installation.

c) The vendor shall install the complete system including un-packaging, setup, connections, start-up, and demonstration of all the required minimum technical specifications. Upon completion of demonstration, the contractor shall provide the diagnostic test date which demonstrates the system is fully-functional and meets or exceeds all of the required specifications.

The vendor shall provide the personnel necessary to perform the installation and perform all activities necessary to ensure that the system is fully-functional and meets or exceeds all the required specifications.

Line Item 0004: Training

The contractor shall conduct at least one (1), eight (8) hour training session for up to three (3) NIST. The training shall provide a thorough demonstration of all system/solution functions, maintenance, data administration, and basic troubleshooting. The training shall be completed at NIST immediately after installation/set-up and on-site measurements demonstrating that no damage or misalignment issues arose during transportation and installation. Training shall be completed immediately upon successful installation of the system.

Warranty

The vendor shall provide at a minimum a one (1) year warranty for the instrument and all of its components and subsystems (parts and labor), to be serviced on-site by the vendor. Equipment manufactured by sub-contractors are also required to carry the minimum one (1) year warranty period. 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. The warranty shall commence upon final acceptance by the Government.

Inspection/Acceptance

Inspection and acceptance shall take place upon installation. In addition to the inspection and acceptance terms articulated in 52.212-4, the Government reserves the right to perform such performance tests and evaluations as defined below to verify specified system performance. Such tests and evaluations, if performed, shall be conducted within the environment that the system is to be operated. The Contractor has the right to be present during the tests and evaluations, if performed, at the Contractor’s expense.

The installation personnel shall perform all diagnostic tests after installation in the presence of NIST personnel. Diagnostic test data must include: (a) vibration amplitude measurement at the sample platform, and (b) base temperature and temperature fluctuation measurements at the top of the sample stack for all four shroud configurations. This test data will be reviewed by the NIST COR. Upon review, the COR will provide final acceptance of the equipment, or advise the vendor of performance weaknesses. Any required rework and re-testing shall be completed at no additional cost to the Government within a time-frame agreed upon by the COR, the Contracting Officer, and the vendor. Payment for this requirement will be made upon completion and acceptance.

The Government anticipates acceptance/rejection of the system NLT thirty (30) days after inspection and acceptance has been completed.

Delivery/Deliverables:

Delivery shall be FOB DESTINATION.

Deliverable 1: Site Preparation:

The vendor shall provide a detailed list of installation and facility requirements (with explanations and technical drawings, wherever necessary) including in-house services, electrical, temperature, humidity and vibration requirements within four weeks after the award is made. NIST will provide any required connections to the in-house services.

Installation and facility requirement documents, in PDF or in a Word Document shall be submitted to the technical point of contact (TPOC) via email no later than four (4) weeks ARO

Deliverable 2: The contractor shall deliver and install the instrument, and provide training no later than 24 weeks from the date of 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 National Institute of Standards and Technology 100Bureau Drive, Building 216 Room D111 Gaithersburg, MD 20899-1640

Payment Schedule

The Contractor shall be paid, in accordance with Net 30-day payment terms, upon receipt and acceptance of a proper invoice, in accordance with the following schedule:

1. 100% after receipt and acceptance by the TPOC of fully delivered system,

2. After all installation requirements set forth in this document have been met, and

3. After all training requirements set forth in this document have been met.

The Government anticipates inspection will occur NLT thirty (30) days after the completion of installation and training.

NOTE: Partial shipments and partial invoices will not be accepted, unless other-wise requested and accepted by the Contracting Officer prior to award offer.

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 52.211-6, Brand Name or Equivalent 52.204-16 – Commercial & Government Entity Code Reporting 52.204-17 – Ownership or Control of Offeror 52.204-18 – Commercial & Government Entity Code Maintenance 52.209-11 - Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law 52.212-1 – Instructions to Offerors-Commercial Items 52.212-3 – Offerors Representations and Certifications-Commercial Items 52.214-35 – Submission of Offers in U.S. Currency 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

[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 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.

(End of Provision) 52.225-18- Place of Manufacture 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 52.204-13 – System for Award Management 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; Alternate I and Alternate II 52.203-6 – Restriction on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C 253g and 10 U.S.C. 2402) 52.209-6 – Protecting the Government’s interest When Subcontracting with Contractor’s Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C. 6101 note). 52.204-10 – Clause Reporting Executive Compensation and First-Tier Subcontract Awards 52.219-4 – Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a) 52.219-28 – Post Award Small Business Program Representation (Apr 2009) (15 U.S.C. 632(a)(2)). 52.222-3 – Convict Labor (June 2003)(E.O. 11755) 52.222-19 – Child Labor – Cooperation with Authorities and Remedies (Jan 2014)(E.O. 13126) 52.222-21 – Prohibition of Segregated Facilities (Feb 1999) 52.222-26 – Equal Opportunity (Mar 2007)(E.O. 11246 52.222-35 – Equal Opportunity for Veterans 52.222-36 – Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793) 52.222-37, Employment Reports on Veterans 52.222-40, Notification of Employee Rights under the National Labor Relations Act. 52.222-50 – Combatting Trafficking in Persons (FEB 2009) (22 U.S.C.7104(g)) 52.233-3 – Protest After Award (AUG 1996) (31 U.S.C. 3553) 52.233-4 – Applicable Law for Breach of Contract Claim 52.223-18- Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O 13513) 52.225-5 Trade Agreements 52.225-13 – Restrictions on Certain Foreign Purchases (June 2008)(E.O.’s, proclamations, and statues administered by the Office of Foreign Assets Control of the Department of the Treasury 52.232-33 – Payment By Electronic Funds Transfer – System for Award Management (Jul 2013) 931 U.S.C. 3332) 52.219-9 – Option to Extend the Terms of the Contract 52.225-25 – Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran – Representations and Certifications 52.232-39 – Unenforceability of Unauthorized Obligations 52.232-40 – Providing Accelerated Payments to Small Business Contractors 52.247-35 – FOB Destination, within Consignee’s Premises 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 543 and 544 of Public Law 112-55 Commerce, Justice, Science, and Related Agencies Appropriations Act 2012, Title V (General Provisions) none of the funds made available by that Act may be used to enter into a contract with any corporation that-

a) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

b) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

2) 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)

The following provisions and clauses apply to this acquisition and are hereby incorporated by reference. All CAR clauses may be viewed at http://www.ecfr.gov 1352.201-70 – Contracting Officers Authority 1352.201-72 - Contracting Officer’s Representative (COR) 1352.209-73 – Compliance with the Laws (APR 2010) 1352.209-74 – Organizational Conflict of Interest 1352.246-70 – Place of Acceptance

NIST LOCAL

-04 Billing Instructions –

(a) NIST prefers electronic Invoice/Voucher submissions and they should be emailed to INVOICE@NIST.GOV.

(b) Each Invoice or Voucher submitted shall include the following: (1) Contract Number. (2) Contractor Name and Address. (3) Date of Invoice. (4) Invoice Number. (5) Amount of Invoice and Cumulative Amount Invoiced to-date. (6) Contract Line Item Number (CLIN). (7) Description, Quantity, Unit of Measure, Unit Price, and Extended Price of Supplies/Services Delivered. (8) Prompt Payment Discount Terms, if Offered. (9) Any other information or documentation required by the contract.

(c) In the event electronic submissions are not used, The Contractor shall submit an original invoice or voucher in accordance with the payment provisions of this contract to: NIST: Accounts Payable Office 100 Bureau Drive, Mail Stop 1621 Gaithersburg, MD 20899-1621 (End of clause)

INSTRUCTIONS:

System for Award Management, SAM 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 12:00 p.m. Eastern Time on September 3, 2016. FAX quotations shall not be accepted. E- mail quotations shall be accepted at ranae.armstrong@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.

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

Because of heightened security, electronic delivery is 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 Ranae Armstrong, Contract Specialist on 301-975-8088

Addendum to FAR 52.212-1, Quotation Preparation Instructions 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 above. The offeror must demonstrate that its proposed system meets or exceeds each minimum requirement described above 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.

If standard product literature and/or technical descriptions do not address all required specifications, offerors must provide narratives and or explanation of the work that will be performed to meet the requirement(s). All proposed work must be addressed in sufficient detail that all technical requirements are discussed and that the intended outcome of the work can be clearly discerned

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. Vendors shall submit a list of at least three similar systems supplied in the past five (5) 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.

5.) 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;

6.) 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;

7.) 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.

QUOTATION EVALUATION:

Evaluation Factors Award shall be made to the offeror whose quotation offers the best value to the Government price and other factors considered. The Government will evaluate quotations based on the following evaluation criteria: 1) Technical Capability 2). Past Performance, 3) Experience, and 4) Price. All non-price factors, when combined, are equally important to 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 or exceeds all minimum requirements. Quotations that do not demonstrate the proposed equipment meets all requirements will not be considered further for award. If an offerors technical description and/or product literature does not indicate whether its proposed equipment meets a certain minimum requirement, and/or the offeror does not submit the test measurements/data from a real device, NIST will determine that it does not meet the requirements.

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 price for reasonableness.

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.

1352.233-70 AGENCY PROTESTS (APR 2010)

(a) An agency protest may be filed with either: (1) the contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 Fed. Reg. 16,651 (April 6, 1999)

100 Bureau Drive, MS 1640 Gaithersburg, MD 20899

(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: NIST/ACQUISITION MANAGEMENT DIVISION

ATTN: HEAD OF THE CONTRACTING OFFICE (HCO)

100 Bureau Drive, MS 1640 Gaithersburg, MD 20899

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

Washington, D.C. 20230.

FAX: (202) 482-5858

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

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

(b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims.

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

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

Washington, D.C. 20230.

FAX: (202) 482-5858

(End of clause)