B-2_Combined_Synopsis_Solicitation.docx

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.

The Request for Quotations (RFQ) number is SB1341-17-RQ-0403 This synopsis/solicitation constitutes a RFQ and incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2005-94/95 effective January 19, 2017.

The associated North American Industrial Classification System (NAICS) code for this procurement is 334516 Analytical Laboratory Instrument Manufacturing, which has a size standard of 1,000 Employees.

Offerors must submit all questions concerning this solicitation in writing, via email, to both the Contract Specialist, Tracy Bisson, tracy.bisson@nist.gov and the Contracting Officer, Lynda Horton at Lynda.Horton@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.

The Government intends to make a single award for Firm-Fixed-Price (FFP) type Purchase Order resulting from this solicitation.

This acquisition is being competed as full and open competition.

The U.S. Department of Commerce (DOC), National Institute of Standards and Technology (NIST) Physical Measurements Laboratory (PML) has a requirement for a photoemission electron microscope (PEEM), associated items, and optional maintenance in accordance with the requirements identified below.

All offerors shall provide a firm fixed price (FFP) quotation for the following line item: (All equipment must be new. Used, refurbished, prototype, or remanufactured will not be considered for award).

CLIN 0001 – One (1) PEEM system in accordance with NIST Requirements Below.

OPTION CLIN 0002 – The Contractor shall provide pricing for twelve (12) months maintenance for the PEEM in accordance with NIST Requirements Below.

OPTION CLIN 0003 – The Contractor with NIST Requirements Below.

OPTION CLIN 0004 – The Contractor with NIST Requirements Below.

NIST Requirements

I. Introduction/Background:

The mission of the Nanoelectronics Group within the Engineering Physics Division is to develop and advance novel measurements that supports the measurement and standards needs of the electronics, semiconductor, energy, health, defense, and other industries.

This acquisition is for a Photoemission Electron Microscope (PEEM) which uses light excitation is sub-micrometer imaging and spectroscopic system for analyzing solid-state materials. Unlike other microscopes, the PEEM images excited electrons from a specimen that are stimulated from energetic light. This PEEM acquisition will be important for determining key electronic parameters and correlating it to their physical structure, which will advance nanoelectronics.

II. Purpose

The Nanoelectronic Device Metrology Project within the Nanoelectronics Group develops the measurement science infrastructure that will enable innovation and advanced manufacturing of emerging nanoelectronic information processing technologies.

With dimensional scaling of semiconductor components reaching length scales of 20 – 50 nm, new device technologies are being considered. The advancement of nanotechnology requires metrology at these length scales with key imaging functionality. PEEM is an imaging capability at sub-micrometer resolution with spectroscopic electron energy filtering to resolve electronic structure (properties). With the acquisition of the PEEM, this project will conduct research to develop and advance the measurements needed to understand and evaluate properties of promising nanoelectronic technologies such as correlating their physical structure to their electronic properties, critical in nanoelectronic devices.

III. Minimum Requirements

The system shall meet or exceed the requirements identified below. All items must be new. Used or remanufactured equipment will not be considered for award. Experimental, prototype, or custom items will not be considered. 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. The Contractor shall install the instrument and provide training as described below.

Contract Line Item Number (CLIN) 0001: The Contractor shall provide one (1) PEEM system with the following minimum requirements within the system, as listed below:

1. The system shall be a complete PEEM Imaging system that includes electron optics (objective lenses, magnetic lenses, magnetic deflection coils, magnetic stigmator coils) and micro-channel plate array with charge coupled device (CCD) camera based imaging;

2. The stable high voltage power supplies shall be included for the electron optics and shall supply constant current to the electron optics and sample;

3. The system shall include a high voltage electronics rack;

4. The system shall include a minimum of three (3) different sized apertures for area-selecting the imaging or analysis region of the sample/specimen and the apertures shall be integrated on a manipulator or translation mechanism for selection;

5. The system shall include a tunable high voltage column and/or sample voltage.

6. The system shall include electron energy filtering capabilities with a resolution of 250 meV or better in spectroscopy (or also referred to as “direct imaging of energy dispersion”) mode; (Stronger consideration shall be given to a system that can deliver spectroscopy capability with energy resolution less than 0.25 eV.)

7. The system shall achieve imaging (lateral) resolution of 20 nm or less without aberration corrections; (Stronger consideration shall be given to a system that can deliver an instrument with imaging capability with resolution less than 20 nm)

8. The complete ultrahigh vacuum (UHV) system shall have a base pressure < 3 E-10 mbar and shall include a pumping system consisting of an ion getter pump, titanium sublimation pump, turbo molecular pump, rough vacuum pumps, and vacuum pressure gauges;

9. The UHV analysis or specimen chamber shall include conflat flanges ports pointing directly at the sample/specimen;

10. The sample or specimen manipulator shall be capable of a minimum of 5 degrees of freedom that is controlled by a piezo drive/motor – x-y-z translations, rotation, and tilt;

11. The system shall include a minimum of five (5) isolated electrical feedthroughs access to the sample manipulator;

12. The system shall have the capability for sample/specimen to be cooled during imaging through using liquid nitrogen and allows for reaching a minimum temperature of 120K; (Stronger consideration shall be given to a system that can reach temperatures less than 120K. )

13. The system shall have the capability for the sample/specimen heating during imaging to be done by electron bombardment in UHV and be capable of reaching a minimum temperature of 1500K;

14. The system shall include a main electronic control rack for non-high voltage power supplies and other electronic controllers;

15. The system shall have the ability for measurement to be conducted by computer and software for acquiring data and control/alter of electron optics, measurement parameters, measurement modes (ie. imaging, energy filtering spectroscopy modes);

16. The system shall be provided with a controlling computer with the following minimum specifications:

a. Operating system: Windows 7 or later, 64 bit

b. Intel i5, i7, Xenon processor or better

c. At least a 500 GB hard drive

d. At least 6 GB of RAM

17. The PEEM instrument shall be provided with and installed on a passive vibration isolation frame or table, capable to supporting its weight;

18. The system shall have a bake out capability to include tent, frame, heaters, power supply and temperature controller;

19. The system shall include a gas discharge lamp compatible with helium gas that has focusing capability, high intensity and includes a power supply and differential pumping system;

20. The system shall include a high intensity mercury discharge lamp and its power supply for low energy PEEM imaging;

21. The system shall include fast entry loadlock and/or a chamber for introducing samples into vacuum;

22. The system must be capable of upgrading to aberration corrections and/or low energy electron microscopy.

23. The system shall include a closed-cycle, water chiller to supply cooling water to any component of the PEEM that requires chilled water with a flow rate between 1-5 L/min, and maximum temperature output of 25°C.

24. The Contractor shall supply a “checkerboard” patterned gold sample/specimen (also referred to as a “chessy” sample) or equivalent imaging test specimen to demonstrate spatial resolution. The Contrator shall supply a silver (111) crystal sample or an equivalent standard specimen to demonstrate the energy resolution in spectroscopy (or energy filtering mode).

25. The Contractor shall design and provide one (1) auxiliary mu-metal shielded ultrahigh vacuum chamber (or integrated into a preparation chamber) and connect it to the PEEM instrument. This system shall be capable of meeting the following specifications:

a. The chamber shall integrate a NIST owned existing low energy electron diffraction component (Omicron SPECTALEED, mounting flange NW 150 CF).

b. The chamber shall include a sample stage compatible to the PEEM instrument and capability of x-y-z translation with rotational degrees of freedom and with one isolated electrical feedthrough.

c. The chamber shall include three (3) adjacent NW 40 CF flanges pointing to the center (or focal) point of the chamber.

d. The chamber shall include at least two (2) CF flanges that is at least the size of NW 40 CF or larger in order to provide viewing of sample manipulation.

e. The chamber shall include an ion and/or titanium sublimation pump, and one (1) pressure gauge.

OPTION LINE ITEMS: THE FOLLOWING SERVICES AND SUPPLIES ARE OPTION LINE ITEMS. PRICES QUOTED SHALL BE EFFECTIVE FOR A PERIOD OF ONE YEAR FROM THE DATE OF AWARD. AWARD OF OPTION LINE ITEMS IS AT THE SOLE DISCRETION OF THE GOVERNMENT IN ACCORDANCE WITH FAR 52.217-9.

OPTION: CLIN 0002: The Contractor shall provide pricing for twelve (12) months maintenance for the PEEM described in CLIN 0001 to include the following services:

1. Service and maintenance shall include at least one (1) emergency visit when the system is not operational during regular business hours in addition to one (1) scheduled preventive maintenance visit per year. During the annual preventative visit the Contractor shall install any released software upgrades. Covered expenses shall include all parts, labor, travel, and per diem.

2. Services shall include unlimited telephone/email support during NIST business hours.

3. Scheduling of the visits shall be consistent with the maintenance requirements of the instrument as detailed in the most recent operation and maintenance manual for each piece of equipment.

4. While on the NIST campus, the Contractor's representative(s) shall abide by all NIST rules and regulations pertaining to visitors.

5. The Contractor shall provide all information necessary for the TPOC to authorize entrance to the NIST campus in accordance with NIST Security Policy and Procedures. In the case of preventive maintenance visits, the Contractor shall provide at least thirty (30) days' notice to the TPOC.

IV. Site Preparation

The PEEM will be located in laboratory space in building 225, and site preparations are to be undertaken by NIST. For delivery of equipment, 5 feet of clearance is needed through doorways and hallways. There will be a mains power supply that must be compatible to European standards to run the PEEM power supply: three phases AC input 200-240 V (±10%), 50-60 Hz, and deliver a current of 26 A. Access to pressurized, dry and clean air to control pneumatic valves must have a pressure of 4-8 bar.

V. Delivery

Deliverable One (1): Finalization of instrument drawings;

Deliverable Two (2): Proof of factory completion, or proof of delivery;

Deliverable three (3): Final delivery, installation, and training

Delivery shall be FOB DESTINATION and shall occur within the vendor’s standard commercial lead time.

Delivery shall be FOB destination and shall occur within the vendor’s standard commercial lead time. 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 100 Bureau Drive, Building 225 Gaithersburg, MD 20899-8120

VI. Inspection and Acceptance

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 Contractor shall utilize the specimens listed under requirement 24 for CLIN 0001, a “checkerboard” patterned gold sample/specimen (also referred to as a “chessy” sample) or equivalent imaging test specimen and a silver (111) crystal or equivalent, for demonstrating energy resolution (or known as the energy filtering) capability. The Contractor shall demonstrate that all imaging specifications and performance standards in their proposal have been met. The vendor engineer and the TPOC will sit down together and review how each of the specifications are met. Collect images to demonstrate the image resolutions listed in the vendor’s proposal with “checkerboard” sample or an equivalent imaging standard specimen. Collect spectroscopic data to demonstrate the energy resolution in spectroscopy (or energy filtering mode) listed in the vendor’s proposal with silver (111) crystal sample or an equivalent standard specimen. Sample cooling (minimum temperature of 120 K) and heating capabilities (maximum temperature 1200 K) with a specimen of the contractor’s choice which shall be supplied by the Contractor.

VII. Installation

The system shall be installed by the Contractor and meet contract specifications no later than two (2) weeks after delivery. It will be the contractor’s responsibility to see that the instrument is delivered to the installation site including rigging from the dock to the lab if necessary. Installation, at a minimum, shall include uncrating/unpackaging of all equipment, rigging, set-up and hook-up of the system, demonstration of all specifications, and removal of trash. Instrument will operate to manufacturer’s specifications upon installation. Installation will take place during normal business hours, between 8:30 am and 6:00 pm Eastern Time, Monday through Friday except Federal Holidays, and will be coordinated with the NIST Technical Point of Contact (TPOC). Installation is to occur within 10 months of award.

Onsite installation and demonstration shall be done at NIST, Gaithersburg, MD- Building 225, room A356.

VIII. Training

The contractor shall conduct one (1) training session for a minimum of four (4) days for up to three (3) users at NIST. Training is to occur within ten (10) days of the completion of installation or at NIST immediately after installation/set-up and on-site measurements demonstrating that no damage or misalignment issues arose during transportation and installation. The training shall provide a thorough demonstration of all system/solution functions, maintenance, data administration, and basic troubleshooting. Training will be provided during normal business hours, between 8:30am and 6:00pm Eastern Time, Monday through Friday, except Federal Holidays, and will be coordinated with the NIST Technical Point of Contact (TPOC) to ensure maximum availability of NIST personnel.

IX. Warranty

The contractor shall warrant the entire system for a period of a minimum of one (1) year in accordance with terms in FAR 52.212-4, after receipt of the equipment including all released software upgrades and unlimited telephone/email support during NIST business hours, preventative maintenance services as specified in version of the manufacturer’s operations and maintenance manual at time of award and 2nd business day on-site technical downtime support. The warranty shall cover all parts, labor and travel. The warranty shall commence upon successful completion of delivery, installation, training and demonstration of all required specifications.

X. 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. 10% with finalization of instrument drawings, 20% with acceptance in factory (or ready for delivery) , 60% at delivery, 10% after completion of installation demonstration of specifications, and training, after inspection and acceptance of each deliverable by the NIST TPOC or COR.

2. The Government anticipates inspection will occur upon:

a. After the testing procedures set forth in this document have been complete

NOTE: Partial shipments and partial invoices will not be accepted, unless other-wise requested and accepted by the Contracting Officer prior to award offer. Proposed payment schedules shall be submitted with vendor’s response to the RFQ for consideration.

PROVISIONS AND CLAUSES:

The following provisions and clauses apply to this acquisition. Those incorporated by reference may be found at the following:

All Federal Acquisition Regulation (FAR) clauses may be viewed at: https://www.acquisition.gov/?q=browsefar.

All Commerce Acquisition Regulation (CAR) clauses and provisions can be accessed at:

http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl.

PROVISIONS

* 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. *

52.203-98 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS -- REPRESENTATIVES (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)

FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)

(Reference FAR 4.1105(a)(1))

FAR 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

(Reference FAR 4.1804(a))

FAR 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS – REPRESENTATION (NOV 2015) (Reference FAR 9.108-5(a))

FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) 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 an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) 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 an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) 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; and

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

(End of provision)

FAR 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

(Reference FAR 12.301(b)(1))

INSTRUCTIONS:

Due Date for Quotations

Offerors shall submit their quotations so that NIST receives them not later than 11:59 PM Eastern Standard Time on May 15, 2017. FAX quotations shall not be accepted. E-mail quotations shall be accepted at tracy.bisson@nist.gov .

Please reference the RFQ number in the subject line of email communications and packages mailed. Offerors’ quotations shall not be deemed received by the Government until the quotation is entered in the e-mail box set forth above.

Addendum to FAR 52.212-1, Quotation Preparation Instructions

1). Price Quotation:

The offeror shall submit an original and two (2) copies of the completed price 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 provide a firm-fixed-price, FOB Destination is required, for each CLIN. Price quotations shall remain valid for a period of 90 days from the date quotations are due.

2). Technical Quotation:

The technical quotation shall address the following:

Technical Capability: The offeror shall submit a technical description, product literature, and/or drawings 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 or exceed 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.

3). Past Performance

The Offeror shall provide past performance information regarding relevant contracts over the past five (5) years with Federal, state, or local governments, or commercial customers. If the Offeror intends to subcontract with another firm(s) for part of this requirement, that firm’s past performance information shall also be provided. If the Offeror has no relevant past performance, it may include a statement to that effect in its quotation. The Government reserves the right to consider data obtained from sources other than those described by the Offeror in its quotation.

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:

a. Contract number;

b. Description and relevance to solicitation requirements including dollar value;

c. Period of Performance – indicate by month and year the state and completion (or “ongoing”) dates for the contract;

d. 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;

e. 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.

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

4). Price

Quoters shall provide a firm-fixed price quotation for each Line Item as specified in the Contract Line Items, and a total firm fixed-price inclusive of all required line items, including option line items

5). Provisions

Quoters shall include a completed copy of all the attached provisions.

6). Acceptance of RFQ terms and conditions:

This is an Open-Market Combined Synopsis/Solicitation for PEEM in accordance with the NIST requirements listed 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;

7). Duns and Bradstreet Number

Quoters shall provide their 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;

8). NAICS Code

If the Quoter’s representations and certifications do not reflect the NAICS code governing this solicitation, Quoters must submit documentation that they are a small business under the NAICS code governing this solicitation.

9). 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.

FAR 52.212-2, EVALUATION - COMMERCIAL ITEMS (Oct 2014)

The specific evaluation criteria to be included in paragraph (a) of that provision are as follows:

The Government intends to award a single purchase order (PO) from this solicitation utilizing simplified acquisitions procedures in accordance with FAR part 13.5. The Government reserves the right not to award a PO and to make an award without discussions based solely upon initial quotes.

Evaluation Factors

The Government will award a purchase order resulting from this solicitation to the responsible Offeror whose quotation, conforming to the solicitation, results in the best value to the Government, price and other factors considered.

The following will be used to evaluate quotations:

1) Technical Capability 2) Past Performance 3) Price and 4) Sub-Contracting plan

Technical Capability and Past Performance, when combined, shall be more important than price or sub-contracting plan.

An Offeror's failure to address any factor may be considered indicative of the Offeror's lack of understanding of the Government's requirements and may result in the offer being determined unacceptable.

1. For the Evaluation of Technical Capability:

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 AND/OR exceeds all minimum requirements. If an offeror does not indicate how its proposed equipment meets or exceeds a certain minimum requirement, NIST will determine that it does not.

NIST will give stronger consideration to systems that exceed the following requirement:

NIST Requirements Specification 6:

6. The system shall include electron energy filtering capabilities with a resolution of 250 meV or better in spectroscopy (or also referred to as “direct imaging of energy dispersion”) mode; Stronger consideration shall be given to a system that can deliver spectroscopy capability with energy resolution less than 0.25 eV.

NIST Requirements Specification 7:

7. The system shall achieve imaging (lateral) resolution of 20 nm or less without aberration corrections; Stronger consideration shall be given to a system that can deliver an instrument with imaging capability with resolution less than 20 nm NIST Requirements Specification 12:

12. The system shall have the capability for sample/specimen to be cooled during imaging through using liquid nitrogen and allows for reaching a minimum temperature of 120K; Stronger consideration shall be given to a system that can reach temperatures less than 120 K.

2. For the Evaluation of Past Performance:

Evaluation of past performance shall be based on the references provided and/or the quoter’s recent and relevant procurement history with NIST or its affiliates. Past Performance will be evaluated to determine the overall quality of the product and service provided by the quoter. The Government will evaluate past performance based on Past Performance Surveys and by contacting appropriate references, including NIST references; if applicable. The Government may also consider information available from other sources. In the case of a quoter without a record of relevant past performance or for whom information on past performance is not available, the quoter will be evaluated neither favorably nor unfavorably.

3. For the Evaluation of Price:

The proposed price will be evaluated. The evaluation will determine whether the proposed prices are reasonable in relation to the solicitation requirements. Prices must be entirely compatible with the technical portion of the quotation.

4. Sub-Contracting Plan:

The Government shall evaluate the extent to which offerors identify and commit to small business and historically black college or university and minority institution performance of the contract, whether as a joint venture, teaming arrangement, or subcontractor.

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.

Contractor Performance Evaluations During the life of the 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.

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 (u) 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.

FAR 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.2026(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of Provision)

52.225-6 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) FAR 52.225-18 PLACE OF MANUFACTURE (Mar 2015) (Reference FAR 25.1101(f))

(a) Definitions. As used in this clause— “Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

(b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—

(1) [ ] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) [ ] Outside the United States.

(End of Provision)

CAR 1352.233-70 AGENCY PROTESTS (APR 2010)

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).

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

NIST/ACQUISITION MANAGEMENT DIVISION

ATTN: LYNDA HORTON, CONTRACTING OFFICER

100 Bureau Drive, MS 1640 Gaithersburg, MD 20899

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

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.

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 Provision)

CLAUSES

52.203-99 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)

FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013)

(Reference FAR 4.1105(b))

FAR 52.212-4, CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (JAN 2017) (Reference FAR 12.301(b)(3))

[Class Deviation- 2013-O0019, Commercial Item Omnibus Clauses for Acquisitions Using the Standard Procurement System. This clause deviation is effective on Sep 25, 2013, and remains in effect for five years, or until otherwise rescinded.

FAR 52.212-5, CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUES OR EXECUTIVE ORDERS – COMMERICAL ITEMS (JAN 2017) The following additional FAR clauses cited in FAR 52.212-5 are applicable to this acquisition –

(1) FAR 52.203-6, Restrictions on Subcontractor Sales to The Government (SEPT 2006) ALT. I (OCT 1995) (41 U.S.C. 4704 AND 10 U.S.C. 2402)

(4) FAR 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2015) (PUB. L. 109-282) (31 U.S.C. 6101 NOTE)

(8) FAR 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, Or Proposed for Debarment (OCT 2015) (31 U.S.C. 6101 NOTE)

(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013) (41 U.S.C. 2313).

(12) (i) Notice Of Price Evaluation Preference For Hubzone Small Business Concerns (OCT 2011) (IF THE OFFEROR ELECTS TO WAIVE THE PREFERENCE, IT SHALL SO INDICATE IN ITS OFFER)(15 U.S.C. 657A).

(16) FAR 52.219-8, Utilization of Small Business Concerns, (NOV 2016) (15U.S.C. 637(d)(2) and (3)).

FAR 52.219-28, Post Award Small Business Program Rerepresentation (JUL 2013) (15 U.S.C. 632(a)(2))

(17) (I) 52.219-9, Small Business Subcontracting Plan (OCT 2015) (15 U.S.C. 637 (D)(4)).

(20) 52.219-16, Liquidated Damages—Subcontracting Plan (JAN 1999) (15 U.S.C. 637(D)(4)(F)(I)).

(25) FAR 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755).

(26) FAR 52.222-19, Child Labor—Cooperation with Authorities and Remedies (OCT 2016) (E.O. 13126)

(27) FAR 52.222-21, Prohibition of Segregated Facilities (APR 2015)

(28) FAR 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246)

(29) FAR 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212)

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

(31) FAR 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212)

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

(33) FAR 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. CHAPTER 78 AND E.O. 13627)

(44) FAR 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513)

(49) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, ET SEQ., 19 U.S.C. 3301 NOTE).

(50) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.’S, PROCLAMATIONS, AND STATUTES ADMINISTERED BY THE OFFICE OF FOREIGN ASSETS CONTROL OF THE DEPARTMENT OF THE TREASURY).

(56) FAR 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (JUL 2013) (31 U.S.C. 3332) Note to paragraph (b)(1)(xvi): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

FAR 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (JAN 2017)

(Reference FAR 19.708(b))

FAR 52.219-16 LIQUIDATED DAMAGES-SUBCONTRACTING PLAN (JAN 1999)

(Reference FAR 19.708(b)(2))

FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within thirty (30) days.

(End of Clause)

FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) If more than 31 days remain in the contract period of performance, the Government, without prior written notification, may exercise this option by issuing a contract modification. To exercise this option within the last 30 days of the period of performance, the Government must provide to the Contractor written notification 60 days prior to the expiration date of the contract period of performance. This preliminary notification does not commit the Government to exercising the option.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed three (3) years.

(End of Clause)

FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

(Reference FAR 32.706-3)

FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) (Reference FAR 32.009-2)

FAR 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

(Reference FAR 33.215(b))

FAR 52.247-35 F.O.B. DESTINATION, WITHIN CONSIGNEE’S PREMISES (APR 1984)

(Reference FAR 47.303-7(c))

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses 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 address:

http://farsite.hill.af.mil/vffara.htm (End of clause)

CAR 1352.201-70 CONTRACTING OFFICER’S AUTHORITY (APR 2010)

(Reference 48 CFR 1301.602-170)

CAR 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

(Reference 48 CFR 1309.507–2(c))

CAR 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

(Reference 48 CFR 1309.507–2(d))

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

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.

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.

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)

CAR 1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

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

(b) The place of acceptance will be:

DOC/NIST

100 Bureau Drive Gaithersburg, MD 20899 Building: 235

CAR CLAUSES FULL TEXT CAN BE ACCESSED AT:

http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl

NIST LOCAL_04 BILLING INSTRUCTIONS

The Contractor shall submit an original invoice or voucher in accordance with the payments provisions of this contract to:

NIST

Accounts Payable Office 100 Bureau Drive, Mail Stop 1621 Gaithersburg, MD 20899-1621 FAX Number: 301-975-8283 Email: invoice@nist.gov

Each invoice or voucher submitted shall include the following:

Contract Number.

Contractor Name and Address.

Date of Invoice.

Invoice Number.

Amount of Invoice, and cumulative amount invoiced to-date.

Contract Line Item Number (CLIN).

Description, quantity, unit of measure, unit price, and extended price of supplies/services delivered.

Prompt payment discount terms, if offered.

Any other information or documentation required by the contract.

(End Clause)

Request for Quotation SB1341-17-RQ-0403