SB134117RQ0367.pdf

SB134117RQ0367 CONTINUOUS-WAVE TERAHERTZ SPECTROSCOPY SYSTEM

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. THE SOLICITATION IS BEING ISSUED

USING SIMPLIFIED ACQUISITION PROCEDURES FOR CERTAIN COMMERCIAL ITEMS UNDER

THE AUTHORITY OF FAR 13.5.

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) 2005-95

1352.215-72 INQUIRIES (APR 2010)

Offerors must submit all questions concerning this solicitation in writing, via email, to both the Contract Specialist (joni.laster@nist.gov) and the Contracting Officer (Patrick.staines@nist.gov). Questions should be received no later than seven (7) calendar days after the issuance date of this solicitation. 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, 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 Analytical Laboratory Instrument Manufacturing with a small business size standard of 1000 employees.

This acquisition is being competed under full and open competition.

BACKGROUND

The National Institute of Standards and Technology (NIST)/Center for Nanoscale Science and Technology (CNST) enables science and industry by providing essential measurement methods, instrumentation, and standards to support all phases of nanotechnology development, from discovery to production. The Energy Research Group within the CNST plans to conduct several time-resolved optical pump-probe spectroscopic measurements on novel materials and systems that require the acquisition of a high-resolution tunable terahertz spectroscopy system. Ultrafast optical spectroscopic measurements include numerous measurement techniques to study spectral and temporal dynamics in various optical, optoelectronic and optomechanical materials and systems. These techniques typically rely on measuring the response of a material system with high-resolution (in time or frequency domain) upon optical or electrical excitation. For example: in semiconductor systems - these responses typically arise due to electron (hole) transfer, relaxation or recombination processes; and facilitate fundamental understanding of charge transfer to allow development of optical devices with faster speeds or solar cells with higher efficiencies. The acquisition will support research in the CNST user facility and will be used as a shared mailto:joni.laster@nist.gov resource accessible to researchers from industry, academia, NIST, and other government agencies through collaboration.

The CNST requires a high-resolution tunable continuous-wave terahertz spectroscopy system to be used to facilitate the afore mentioned measurements. The system shall be optimized for high-frequency resolution (< 5MHz) as well as large spectral range (from 0.05THz to >2.5 THz), and must include one integrated software for complete instrument control, data acquisition and analysis.

All items must be new. Prototypes, first articles, demonstration models, used, refurbished or otherwise developmental systems, will not be considered for award.

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

CLIN 0001 (Firm-Fixed Price): One (1) CONTINUOUS-WAVE TERAHERTZ SPECTROSCOPY SYSTEM which shall meet or exceed the minimum specifications identified below:

SPECIFICATIONS:

1. The terahertz spectroscopy system shall consist of a tunable laser-based, photonic transduction scheme (typically difference frequency generation) to generate and detect continuous-wave (cw) tunable narrowband terahertz (THz) signals.

2. Each tunable laser used for the generation and detection of cw THz signals in the spectroscopy system must exhibit a linewidth of <5 MHz for each laser across its tuning range.

3. Each tunable laser used for the generation and detection of cw THz signals in the spectroscopy system must be frequency locked using continuous feedback from a wavelength meter to achieve an absolute frequency accuracy of <50 MHz for each laser across its tuning range.

4. The terahertz spectroscopy system shall be tunable over a frequency range extending from a lower-limit of 0.05 THz to frequencies >2.5 THz.

Stronger technical consideration will be given to a system that can achieve larger spectral coverage while maintaining the spectral resolution. Tuning over a larger spectral range would allow users with the flexibility to perform measurements on systems over a broader spectral range, or study samples that exhibit spectral signatures in the extended frequency range.

5. The terahertz spectroscopy system must achieve a relative frequency accuracy of THz emission to be <5 MHz. Stronger technical consideration will be given to a system that can achieve smaller relative spectral resolution.

Spectral resolution directly corresponds to measurement precision and hence a system with high spectral resolution would receive a higher technical rating.

6. The terahertz spectroscopy system must exhibit an absolute frequency accuracy of <50 MHz with <5 MHz repeatability.

7. The terahertz spectroscopy system must exhibit a frequency stability/drift of THz emission of <10 MHz/K.

8. The terahertz spectroscopy system must exhibit a frequency tuning speed of >0.05 THz/second.

9. The terahertz spectroscopy system must consist of a fiber-coupled, connectorized (FC/APC) THz emitter with a silicon lens exhibiting a beam divergence <15 degrees.

10. The terahertz spectroscopy system must consist of a fiber-coupled, connectorized (FC/APC) THz detector with a silicon lens.

11. The terahertz spectroscopy system must produce a THz emission power of >50 µW @100 GHz, >4 µW @500 GHz and >1 µW @1000 GHz.

12. The polarization of the THz beam in the spectroscopy system must be at least 95 % linear.

13. The dynamic range of the terahertz spectroscopy system must be >90 dB @100 GHz, >70 dB @500 GHz and >60 dB @1000 GHz for an integration time of 300 msec.

14. The terahertz spectroscopy system must include the ability to modulate the optical path length of both the emitter and the detector arm using piezo-actuated fiber stretchers for precise determination of the THz phase and frequency.

15. The terahertz spectroscopy system must allow the capability to electrically modulate the THz signal between 10 Hz and 20 kHz, including the ability to disable the modulation for continuous operation (without impacting other specifications).

16. The terahertz spectroscopy system must include a laser spectrum analyzer to cover the spectral range from 350 nm to 1750 nm for continuous monitoring of the laser spectrum.

17. The complete spectrometer system including the peripherals must be controlled through a single software interface and compatible in their operation. This control and data acquisition software must be included with the system.

18. The control/acquisition software for the system must be able to interface with a computer using an ethernet or a USB connection, and must be able to acquire THz spectroscopic data, including providing the ability to continuously sweep frequency range, or step and dwell through the frequency range.

OPTION LINE ITEM:

Line Item 0002 is an option line item. The Contractor shall provide pricing for this option line item. The price offered for the Option

Line Item shall remain in effect for a period of one year from date of award. The Government may exercise this option line item, at its discretion, at the time of award or at any time during the period established. Reference FAR 52.217-7 Option for Increased Quantity— Separately Priced Line Items.

CLIN 0002 (Firm-Fixed Price): One (1) Optomechanics set to include parabolic mirrors, translation stages and optical rails to collimate and focus the THz beam for sample characterization both in a transmission and reflection geometry.

SITE PREPARATION

Vendor shall provide a list of installation and facility requirements (with explanations and technical drawings, wherever necessary) including in-house services, electrical, temperature, humidity and vibration requirements within two weeks after date of an award, via email, to the technical point of contact (identified at time of award). NIST shall provide all required connections to the in-house services.

DELIVERY

FOB Destination delivery terms are requested. Delivery shall be completed within 16 weeks from date of an award. The Contractor shall deliver all equipment to NIST, Building 301, Shipping and Receiving, Gaithersburg, MD 20899-1640.

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. All shipping costs shall be included in the total firm-fixed price.

DOCUMENTATION

The Contractor shall provide the following documentation upon delivery of the system. All documentation must be provided in both electronic and hardcopy format.

i. Overall system drawings showing the overall size and configuration of the tunable lasers, THz emitters and detectors and the wavemeter;

ii. Operator's manual in permanent bound format;

iii. For any commercial equipment the Contractor purchases from a separate source, the full manual from that separate source shall also be included as part of the system.

INSTALLATION:

The Contractor shall install the system no later than two (2) weeks after the complete system has been received by NIST. Installation shall take place in Building 216, Room D111 at the NIST Gaithersburg facility. Hours for services to be provided are Monday – Friday between 8:00AM – 5:00PM EST; excluding federal holidays.

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 data which demonstrates the system is fully-functional and meets or exceeds all the required specifications.

d) 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. The contractor person(s) installing the system is required to have performed one

(1) prior installation of a THz spectroscopy system of similar or higher complexity.

TRAINING:

The contractor shall conduct at least one (1), four (4) hour training session for up to three (3) users at NIST following installation. The training shall provide a thorough demonstration of all system functions, maintenance, data administration, and basic troubleshooting. The training may be completed at NIST immediately after installation/set-up and on-site measurements demonstrating that no damage or misalignment issues arose during transportation, but shall be completed no later than 5 days after installation.

Installation and training must be scheduled, in advance, with the NIST Technical Point of Contact (TPOC).

Installation and Training shall be included in the total firm-fixed price.

WARRANTY:

Each laser diode in the system must include a standard warranty of at least 2 years or 5000 hours, whichever comes first. In addition, the Contractor shall warrant the entire system (to include parts, labor, and installation) for a period of at least one year, commencing upon installation/commissioning of the system. The warranty must also include unlimited telephone/e-mail support for questions regarding operation/troubleshooting. 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 be included in the total firm-fixed price.

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

52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation.

52.204-7, System for Award Management;

52.204-16, Commercial and Government Entity Code Reporting;

52.204-17, Ownership or Control of Offeror;

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

52.212-1, Instructions to Offerors-Commercial Items;

52.212-3 Offeror Representations and Certifications -- Commercial Items (Jan 2017)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (s) of this provision.

Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 the following definitions of FAR 52.212-3 are not implemented into this solicitation.

“Administrative merits determination”

“Arbitral award or decision”

Paragraph (2) of “Civil judgment”

“DOL Guidance”

“Enforcement agency”

“Labor compliance agreement”

“Labor laws”

“Labor law decision”

Per Court Injunction dated 24 Oct. 2016 and OMB memo dated 25 Oct. 2016 paragraph (s) of 52.212-3 is not implemented into this solicitation.

52.225-4 -- Buy American -- Free Trade Agreements – Israeli Trade Act Certificate.

Buy American -- Free Trade Agreements--Israeli Trade Act Certificate (May 2014)

(a) The offeror certifies that each end product, except those listed in paragraph (b) or (c) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act.”

(b) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line Item No.: Country of Origin:

[List as necessary]

(c) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (b) of this provision) as defined in the clause of this solicitation entitled “Buy American--Free Trade Agreement- -Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

Line Item No.: Country of Origin:

[List as necessary]

(d) The Government will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation.

(End of provision)

52.225-18, Place of Manufacture;

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

52.209-11 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2015)

(1) In accordance with Sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113- 235), none of the funds made available by the Consolidated and Further Continuing Appropriations Act, 2015 funding may be used to enter into a contract with any corporation that-

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

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

(2) The Offeror represents that, as of the date of this offer-

(a) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(b) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

(End of provision)

CLAUSES

52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements;

52.204-13, System for Award Management Maintenance;

52.204-18, Commercial and Government Entity Code Maintenance;

52.212-4, Contract Terms and Conditions—Commercial Items;

52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (NOV 2013);

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

52.204-7, (September 2012) System for Award Management Registration;

52.204-10, Reporting Executive Compensation and First Tier Contract awards;

52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment;

52.209-10, Prohibition on Contracting with Inverted Domestic Corporations;

52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns;

52.219-8, Utilization of Small Business Concerns;

52.219-28, Post Award Small Business Program Representation;

52.222-3, Convict Labor;

52.222-19, Child Labor – Cooperation With Authorities And Remedies;

52.222-21, Prohibition of Segregated Facilities;

52-222-26, Equal Opportunity;

52.222-35, Equal Opportunity for Veterans;

52.222-36, Affirmative Action for Workers with Disabilities;

52.222-37, Employment Reports for Veterans;

52.222-40, Notification of Employee Rights under the National Labor Relations Act;

52.222-50, Combating Trafficking in Persons;

52.222-54, Employment Eligibility Verification;

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

52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act;

52.225-13, Restriction on Certain Foreign Purchases;

52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration;

52.232-39, Unenforceability of Unauthorized Obligations;

52.232-40, Providing Accelerated Payment to Small Business Subcontractors;

52.247-35, F.O.B. 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)

52.217-7, Option for Increased Quantity—Separately Priced Line Item:

OPTION FOR INCREASED QUANTITY—SEPARATELY PRICED LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor not later than 6 months from date of award.

CAR CLAUSES FULL TEXT CAN BE ACCESSED AT:

http://farsite.hill.af.mil/VFCARA.HTM

1352.201-70, Contracting Officer's Authority;

1352.209-73, Compliance With the Laws;

1352.209-74, Organizational Conflict of Interest;

1352.246-70, PLACE OF ACCEPTANCE (APR 2010)

(a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract.

(b) The place of acceptance will be:

100 Bureau Drive

Building 216, Room D111

Gaithersburg, Maryland 20899

(End of clause)

INSPECTION AND ACCEPTANCE

Inspection and acceptance shall take place upon installation in Bldg. 216, Room D111. 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 spectral tuning across the entire frequency range at the minimum frequency resolution (relative and absolute) to achieve the dynamic range specified in the solicitation. 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.

http://farsite.hill.af.mil/VFCARA.HTM

Final Government acceptance shall take place within 30 days from installation by the Contractor at NIST.

INSTRUCTIONS:

System for Award Management (SAM) Registration

In accordance with FAR 52.204-7, the awardee must be registered in the System for Award Management (www.sam.gov) prior to award. Refusal to register shall forfeit award.

DUE DATE FOR QUOTATIONS

Offerors shall submit their quotations so that NIST receives them not later than 12:00 p.m. Eastern Time on May 09, 2017. FAX quotations shall not be accepted. E-mail quotations shall be accepted at joni.laster@nist.gov and patrick.staines@nist.gov. Please reference the RFQ number in the subject line of email communications. Offerors quotations shall not be deemed received by the Government until the quotation is entered in the e-mail inbox set forth above.

ADDENDUM TO FAR 52.212-1, QUOTATION PREPARATION INSTRUCTIONS

1) VOLUME I - TECHNICAL QUOTATION:

The quoter shall submit one (1) copy of the technical quotation. The technical quotation shall address the following:

TECHNICAL CAPABILITY:

The offeror shall submit a technical description and/or product literature for the equipment it is proposing, which clearly identifies the manufacturer, make and model. The offeror must demonstrate that its proposed equipment meets or exceeds each minimum requirement described in the statement of work by providing a citation to the relevant section of its technical description or product literature. If applicable, evidence that the Offeror is authorized by the original equipment manufacturer 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).

In addition to the technical description or product literature, the contractor must submit test measurements/data along with the quotation. The test measurement data must consist of measurements that are equivalent or better than the minimum requirements included under CLIN 0001. The test measurement data must be provided from an instrument that is the same or similar to the instrument being quoted in response to this request for quotation.

2) VOLUME II – PAST PERFORMANCE

mailto:patrick.staines@nist.gov

PAST PERFORMANCE:

The offeror shall provide past performance information regarding relevant contracts over the past three years with Federal, state, or local governments, or commercial customers.

A list of references, preferably at least 3, if available, to whom the same or similar equipment and or service has been provided. The list of references shall include, at a minimum:

1. The name of the reference contact person and the company or organization;

2. The telephone number and email address of the reference contact person;

3. The contract or grant number, the amount of the contract and the address and the telephone number of the Contracting Officer if applicable; the date of delivery or the date services were completed and a description of the equipment sold to each reference.

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

3) VOLUME III - PRICE QUOTATION:

The quoter shall submit (1) one copy of the completed price schedule. The pricing quotation shall be separate from any other portion of the quotation.

The quoter shall propose a firm-fixed-price, FOB Destination, for each CLIN.

Contractor shall state express warranty coverage. Price quotations shall remain valid for a period of 90 days from the date quotations are due.

4) ACCEPTANCE OF TERMS AND CONDITIONS (ADDENDUM TO FAR 52.212-1 (B) (11)):

THIS IS AN OPEN-MARKET SOLICITATION FOR EQUIPMENT AS DEFINED HEREIN. THE

GOVERNMENT INTENDS TO AWARD A PURCHASE ORDER AS A RESULT OF THIS SOLICITATION

THAT WILL INCLUDE THE CLAUSES SET FORTH HEREIN. THE QUOTATION SHALL INCLUDE

ONE OF THE FOLLOWING STATEMENTS:

"The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition."

OR

"The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:

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

Note: This procurement is not being conducted under the GSA Federal Supply Schedule (FSS) program or another Government-Wide Area Contract (GWAC). If an quoter 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 quoters FSS or GWAC contract, and the statement required above shall be included in the quotation.

5) 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.

QUOTATION EVALUATION:

EVALUATION FACTORS:

The Government intends to make one single award.

Award shall be made to the offeror whose quotation offers the best value to the Government, price and other factors considered. The Government will evaluate quotations based on the following evaluation criteria: 1) Technical Capability 2) Past Performance and 3) Price.

Technical Capability and Past Performance, when combined, shall be considered more importance than price.

TECHNICAL CAPABILITY: All items must be new. Prototypes, used or refurbished instruments will not be considered for award. Evaluation of technical capability shall be based on the information provided in the quotation. NIST will evaluate whether the offeror has demonstrated that its proposed equipment meets or exceeds all minimum requirements. Quotations that do not demonstrate the proposed equipment meets all requirements will not be considered further for award.

If an offeror does not indicate whether its proposed equipment meets a certain minimum requirement, NIST will determine that it does not. Offerors that propose equipment that exceeds the stated minimum specifications will be rated higher under this factor.

UNDER THE TECHNICAL CAPABILITY FACTOR, ALL OFFERORS MUST MEET THE MINIMUM

REQUIRED SPECIFICATIONS AS STATED HEREIN.

HOWEVER, OFFERORS THAT CAN PROVIDE A SYSTEM THAT CAN EXCEED THE FOLLOWING

REQUIREMENTS, SHALL BE GIVEN HIGHER TECHNICAL MERIT:

4. The terahertz spectroscopy system shall be tunable over a frequency range extending from a lower-limit of 0.05 THz to frequencies >2.5 THz.

Stronger technical consideration will be given to a system that can achieve larger spectral coverage while maintaining the spectral resolution. Tuning over a larger spectral range would allow users with the flexibility to perform measurements on systems over a broader spectral range, or study samples that exhibit spectral signatures in the extended frequency range.

5. The terahertz spectroscopy system must achieve a relative frequency accuracy of THz emission to be <5 MHz. Stronger technical consideration will be given to a system that can achieve smaller relative spectral resolution.

Spectral resolution directly corresponds to measurement precision and hence a system with high spectral resolution is preferred.

NIST will evaluate the test measurements/data from an instrument that is the same or similar to the instrument being quoted to provide evidence of the instruments capability of meeting or exceeding the requirements identified under CLIN 0001.

PAST PERFORMANCE: The will evaluate the Offerors 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 offerors 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 offerors past performance. The Government will assign a neutral rating if the offeror has no relevant past performance information.

Price: The Government will evaluate price for reasonableness.

1352.233-70 AGENCY PROTESTS (APR 2010)

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

(b) Agency protests filed with the Contracting Officer shall be sent to the following address:

NIST/ACQUISITION MANAGEMENT DIVISION

ATTN: PATRICK STAINES, CONTRACTING OFFICER

100 Bureau Drive, MS 1640

Gaithersburg, MD 20899

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

ATTN: HEAD OF THE CONTRACTING OFFICE (HCO)

100 Bureau Drive, MS 1640

Gaithersburg, MD 20899

(d) A complete copy of all agency protest, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority.

(e) Service upon the Contract law Division shall be made as follows:

U.S. Department of Commerce

Office of the General Counsel

Chief, Contract Law Division

Room 5893

Herbert C. Hoover Building

14th Street and Constitution Avenue, N.W.

Washington, D.C. 20230

FAX: (202) 482-5858

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

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

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

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

U.S. Department of Commerce

Office of the General Counsel

Chief, Contract Law Division

Room 5893

Herbert C. Hoover Building

14th Street and Constitution Avenue, N.W.

Washington, D.C. 20230

FAX: (202) 482-5858

(End of clause)