Amendment_II_Final.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. THE SOLICITATION IS BEING ISSUED USING SIMPLIFIED ACQUISITION PROCEDURES FOR CERTAIN COMMERCIAL ITEMS UNDER THE AUTHORIRTY 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 (forest.crumpler@nist.gov). Questions shall 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, on 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 333242 with a small business size standard of 1500 employees or less.

This acquisition is being competed under full and open competition.

BACKGROUND

The National Institute of Standards and Technology (NIST) has a requirement for an Inductively Coupled Plasma (ICP) Etch System to support nanofabrication in the Center for Nanoscale Science and Technology (CNST) user facility.

The system will be sited and used as a shared resource accessible to researchers from industry, academia, NIST, and other government agencies in the CNST NanoFab. The ICP System is a pattern transfer tool that uses chlorine and other chemicals to fabricate three-dimensional structures in varied substrate materials. Applications include fabricating nano-semiconductor and nano-photonic devices.

The NanoFab currently operates several ICP Systems that are heavily used to fabricate a wide variety of devices with different chemical etching gases and substrate materials. However, the current tools cannot meet the requirements of a growing number of NanoFab users. More and more materials, such as metals, silicon, III-V compounds and diamond, are being etched in one shared ICP system. The mixing of the different etching processes in one system causes chemical cross-contamination process variation. To minimize the cross-contamination, improve the process control and increase the NanoFab’s capacity to serve users, the NanoFab has a need for a new ICP System with Chlorine and other gas etching capability.

GENERAL DESCRIPTION

As described above, this ICP system is a pattern transfer tool that uses an inductively coupled plasma to fabricate three-dimensional structures in III-V compound semiconductors and other materials with desired profiles, primarily using Chlorine and similar etching gases. This new ICP will be used to minimize the chemical cross-contamination, improve the process repeatability and add new NanoFab’s etching process capabilities.

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 firm fixed price quotation for the following line items:

LINE ITEM 0001: Quantity One (1) Inductively Coupled Plasma (ICP) Etch System to include the following components and shall meet or exceed all the specifications identified for each component.

I. Minimum Requirements A. System:

1. System shall be equipped with the process control module for chlorine type chemistries.

2. System shall support 75 mm, 100 mm, 150 mm, 200 mm SEMI standard wafers.

3. System shall be easy to switch wafer sizes (75 mm, 100 mm, 150 mm, 200 mm SEMI standard wafers) and the time for the change shall be less than 90 minutes (from chamber vent to chamber pumping back).

B. ICP Source:

1. The process module shall have an ICP plasma.

2. ICP source shall be operational from 0 to 3000 W or higher with power repeatability to +/- 2 % and utilize a digital match network.

3. ICP source shall be of sufficient diameter to satisfy the process uniformity +/- 5 % or better over 200 mm in diameter semi standard wafer.

4. High ICP plasma density 1011/cm3 is required C. Substrate Electrode:

1. Each process module shall have a RIE electrode.

2. Substrate electrode shall operate from 0 to 500 W minimum, wider ranges are acceptable.

3. DC bias shall be maintained to +/- 3 %.

4. The electrode shall accommodate variable wafer sizes.

5. Electrode temperature shall be varied from -40 °C to +300 °C or broader within +/- 2 % accuracy.

6. Temperature shall be uniform within +/- 2 % accuracy over 200 mm in diameter wafers without leaving any temperature patterns on the etched wafers.

7. Temperature must be settable in a range from 0 °C to 60 °C or reverse in 15 minutes or less.

D. Process Chamber:

1. The process chamber shall operate at pressures from 1 to 100 mTorr or higher.

2. The process chamber shall be able to strike and support low-pressure plasma at a chamber pressure of 2 mTorr.

3. The process chamber shall be made of a material that shall sustain the corrosive reactive chemicals such as Chlorine.

4. The process chamber shall be equipped with heater to heat up to 80 °C or higher.

E. Chucks:

1. Mechanical wafer clamping is required. Electrostatic clamping shall not be considered for an award.

2. Chucks shall be able to accommodate semi-standard wafers 75 mm, 100 mm, 150 mm, and 200 mm in diameter.

3. The clamp ring shall overlap the wafer by a minimum of 3 mm to a maximum of 5 mm.

4. The clamp ring shall not misalign with the wafer (expose the edge) after 100 repeated runs.

F. Pumping System:

1. Process modules shall be able to reach and maintain a base pressure of 5x10-6 Torr in less than 24 hours from atmosphere after chamber has been open.

2. Process modules shall be able to reach and maintain a base pressure of 10-5 Torr in less than 2 minutes after each process.

3. Process pumps shall be able to maintain process pressure set-point to +/- 2 %.

4. Turbo pump shall be suitable for the corrosive gases and a dry pump is required.

G. Gas Pod:

1. Gas pod shall support 10 or more different gases using mass flow controllers (MFC).

2. Gas pod shall allow independent operation of each MFC from 5 to 200 sccm.

3. All mass flow controllers for toxic gases shall be metal seal type.

4. Required Gases in chlorine based chamber:

a. Ar (physical milling of most III-V semiconductors)

b. CH4 (key gas for etching III-V compound materials including InP and others)

c. H2 (used to improve etch profile in high-temp InP etching with the Ar/Cl2 process, also in conjunction with CH4 in an alternative InP etching process)

d. O2 (necessary for chamber cleans)

e. HBr (for etching Ga-based and In-based III-V semiconductors)

f. He (buffering gas that can improve etch selectivity; e.g. of GaAs over AlGaAs)

g. Cl2 (most common reactive gas for etching III-V semiconductors)

h. BCl3 (alternative source of chlorine for etching III-V semiconductors, used in selective etching of GaAs over AlAs)

i. SiCl4 (another common source gas for III-V etching, e.g., for InP-based materials)

j. CF4 (can be used as a passivating element to create lensed geometries, also for cleaning) H. Load-Lock:

1. One load-lock shall have to transfer the samples in and out of the process chamber.

2. Load-lock shall be able to allow transfer under vacuum between the process chambers in any sequence as defined by the process recipe.

3. Load-lock shall be able to handle 75 mm, 100 mm, 150 mm, 200 mm SEMI standard wafers.

4. Load-lock shall be able to pump down to the required pressure for the vacuum wafer transfer in less than 5 minutes. That time includes the sample loading and transferring.

5. Single wafer loading of the wafer in the load-lock is required. Cassette to cassette load systems shall not be considered for award.

6. Turbo pump is required.

I. Endpoint/Chamber Detection:

1. A standalone optical emission spectrometer (OES) end-point system is required.

2. The process chamber shall have windows installed for both OES endpoint and possible future laser interferometer.

3. The wavelength of the OES must span 200 nm to 800 nm or broader with < 2 nm resolution.

4. OES software shall be capable of graphing the trend curve calculated from picked-up wavelengths to support user definable endpoint detection algorithms.

J. Software:

1. Windows 7 or 10 based operation system is preferred but not required. However, if the vendor offers tools with different operating systems, they shall propose the system with the most recent hardware and software configurations.

2. Etcher functions shall be fully controllable from user-interface software.

3. Process sequence and process steps shall be easily setup in the recipe in less than 20 minutes.

4. Endpoint detector software interface shall be able to operate simultaneously with the process interface.

5. Software shall have automated data logging for all process parameters and error logging for system status and must be able to plot the log data to show the variation against the set parameter and compare with the history data.

6. Software shall be upgradable. Future software upgrades shall be available free of charge.

7. Software shall support both manual and automatic operations.

K. Safety and Interlocks:

1. The system shall be equipped with proper interlocks to prevent damage by mis-operation.

2. All gases shall be equipped with hardware interlock to prevent forbidden mixing.

3. The system shall meet NFPA 318 requirements.

L. Processes Requirements:

Vendor shall provide a baseline process library which includes the processes from the proposed equipment and provides information on the process parameters such as: etch rate, selectivity, and profile SEM for etching GaAs; InP; AlGaAs; GaN; AlGaN.

II. Delivery:

Delivery shall be FOB Destination, within consignee’s premises, and no sooner than 6 months but no longer than 9 months from the date of an award, unless agreed to by both parties.

The term “f.o.b. destination within consignee’s premises” means (a) free of expense to the Government delivered and laid down within the doors of the consignee’s premises, including delivery to specific rooms within a building if so specified and (b) The Contractor shall (1)(i) Pack and mark the shipment to comply with contract specifications; or (ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements; (2) Prepare and distribute commercial bills of lading;(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;(5) Furnish a delivery schedule and designate the mode of delivering carrier; and (6) Pay and bear all charges to the specified point of delivery.

III. Installation:

Onsite Installation shall be done at NIST, Gaithersburg, MD. in Bldg. 215.

NIST shall be responsible for providing all necessary utilities. The Contractor shall be responsible for installation which shall include uncrating/un-packaging of all equipment, set-up and hook-up of all equipment, start-up, and demonstration of all required specifications. Technical personnel experienced with the system shall install the system and perform all activities necessary to ensure the system is fully functional and meets all required specifications. Please see “Inspection and Acceptance” for more details on testing and demonstration required.

IV. Training:

The Contractor shall provide 2 days of training, on-site at NIST Gaithersburg campus, for a minimum of 3 (three) NIST personnel, for the operation and maintenance, immediately following installation.

The Contractor shall schedule the installation and training in advance with the Technical Point of Contact, upon delivery of the equipment to NIST.

V. Warranty:

The system shall have a warranty of one year for parts and labor commencing on the date of acceptance by the Government. This warranty shall include phone support within 1 business day and on-site support within 2 business days.

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 52.204-16, Commercial and Government Entity Code Reporting 52.204-17, Ownership or Control of Offeror 52.212-1, Instructions to Offerors-Commercial Items 52.212-3 Offeror Representations and Certifications -- Commercial Items (Oct 2016) 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.

52.225-6 -- 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;

Offerors shall complete annual representations and certifications on-line at http://orca.bpn.gov in accordance with FAR 52.212-3 Offerors Representations and Certifications- Commercial Items. If paragraph (j) of the provision is applicable, a written submission is required.

52.225-25, 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

52.204-13, 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 (Jan 2017)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

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

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

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

XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

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

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

XX (8) 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).

__ (10) [Reserved].

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

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

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

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

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

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

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

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

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

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

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Nov 2016) of 52.219-9.

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

__ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

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

XX (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

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

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

XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

XX (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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

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

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

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

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

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): 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, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

__ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).

__ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

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

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

__ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

__ (ii) Alternate I (JAN 2017) of 52.224-3.

__ (48) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

XX (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

XX (57) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (58) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(12)).

__ (62)(i) 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).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

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

[Contracting Officer check as appropriate.] __ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

__ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).

__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

__ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

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

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xi) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(xii) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (e)(1)(xvii): 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, GSA, DoD 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) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xx)(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxii) 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.

(xxiii) 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) 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

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, NanoFab Post Process Lab in Bldg. 215, Gaithersburg, MD. 20899-0001.

(End of clause)

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.

Inspection will be done at the NIST facility upon completion of installation and should consist of the following:

· The vendor shall demonstrate compliance with the SOW and demonstrate that equipment meets all minimum requirements.

· The vendor shall repeat the Evaluation Phase II wafer tests at NIST and demonstrate similar results.

· The vendor shall demonstrate the wafer handling system by exercising the loading system through 100 consecutive cycles. A cycle shall consist of loading a wafer into the process chamber, clamping the wafer, flowing helium cooling, striking an oxygen plasma for 15 seconds and unloading the wafer.

Final acceptance testing shall take place within 30 days from installation.

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 electronic quotations, via email, so that NIST receives them not later than 12:00 p.m. Eastern Time on August 17, 2017. E-mail quotations shall be submitted directly to the Contract Specialist at joni.laster@nist.gov and the Contracting Officer at forest.crumpler@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 Technical Quotation (Vol. I), Past Performance/References & Experience (Vol. II), Price Quotation (Vol. III) Incomplete quotations may be considered non-responsive and removed from further consideration. Quotations shall be clearly and concisely written as well as being neat, indexed (cross-indexed as appropriate) and logically assembled. All pages of each part shall be appropriately numbered and identified with the name of the offeror, the date, and the solicitation number.

Volume I - Technical Quotation:

The offeror shall submit an electronic technical quotation, via email. The technical quotation shall address the following:

Minimum Requirements:

The offeror must submit a technical description or product literature for the equipment it is proposing, which clearly identifies the manufacturer, make and model and clearly demonstrates its proposed equipment meets or exceeds each minimum requirement described in the required specifications, by providing a citation to the relevant section of its technical description or product literature and if applicable, evidence that the Offeror is authorized by the original equipment manufacturer to provide the item(s) in the quotation shall be included.

Additionally, the offeror shall submit the foot print and facility requirements (electrical supply, exhaust, water, and gases).

Exceedances to Minimum Requirements:

In addition to meeting the minimum requirements, preference will be given to quotes that demonstrate one or more exceedances to the minimum requirements. Only the items listed below will qualify for preference:

Minimum Requirement L.: The offeror shall supply a list of established processes for etching III-V semiconductors and any additional reference information such as application notes, critical parameter analysis, and process performance. Preference will be given to those offers that fully demonstrate the most processes. Demonstrating the ability to provide these processes may include, but is not limited to, process data sheets, recipe conditions, etching result measurements, etching rates, uniformity, etch profile control, selectivity to other materials, micrographs of etched features, etc.

Minimum Requirement G.1.: The offeror shall supply the number of gas pods above the required 10 listed in the minimum requirement. A quantity of twelve (12) pods is preferred.

Minimum Requirement C.5.: The offeror shall supply any information required to demonstrate broader electrode temperature ranges, from either -40ºC to -120ºC or +300ºC to +400ºC.

Technical Sub-Factors:

The offeror must submit a technical description or product literature for the equipment it is proposing, which clearly identifies the Ease of Use of the offered equipment. Quotes should include all necessary information to demonstrate the items below:

A. Sequence of operations: How do users load wafer and check the loading result (alignment with the mechanical clamper inside the etching chamber). Offeror shall provide step by step information.

B. Sequence of recipe editing: How do users edit process recipes. Offer shall provide step by step information.

C. Sequence of data capture and retrieval: How do user initiate run logs and retrieve raw data for export into text or csv format. Offeror shall provide step by step information.

Wafer Testing:

As discussed in the “Quotation Evaluation” portion of this solicitation, one phase of the evaluation will consist of a physical wafer testing at the contractor’s facility. All submissions should include the following:

A) A statement that the offeror is willing and capable of performing the wafer testing and returning the completed wafers in the allotted time.

B) All shipping information and points of contact.

Please review the wafer testing (phase II) evaluation in the “Quotation Evaluation” portion of this solicitation for more details.

Volume II - Past Performance & Experience:

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 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 in its quotation.

EXPERIENCE:

The offeror shall provide a list of at least three similar systems supplied in the past five years. This list shall include the model name/number, date of sale, end user name, and end user contact information.

Volume III - Price Quotation:

The offeror shall submit an electronic copy of the completed price quotation. The price quotation shall be separate from any other portion of the quotation. The offeror shall propose a separate firm-fixed-price, FOB Destination, for each CLIN. Price quotations shall remain valid for a period of 90 days from the date quotations are due. Contractor shall state express warranty coverage.

Acceptance of Terms and Conditions (Addendum to FAR 52.212-1(b) (11)):

The Government intends to award a Purchase Order as a result of this solicitation that will include the clauses set forth herein. The quotation should include one of the following statements:

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

OR

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

Offeror shall list exception(s) and rationale for the exception(s) Note: This procurement is not being conducted under the GSA Federal Supply Schedule (FSS) program or another Government-Wide Area Contract (GWAC). If an Offeror submits a quotation based upon an FSS or GWAC contract, the Government will accept the quoted price. However, the terms and conditions stated herein will be included in any resultant purchase order, not the terms and conditions of the Offeror’s FSS or GWAC contract, and the statement required above shall be included in the quotation.

QUOTATION EVALUATION:

Evaluation Factors:

Award shall be made to the offeror whose quotation offers the best value to the Government price and other factors considered. The Government will evaluate quotations based on the following evaluation criteria: 1) Technical Capability 2) Past Performance, 3) Experience and 4) Price. All non-price factors, when combined, are significantly more important than price.

Evaluation Process:

This requirement will be evaluated on a multi-phase approach, consisting of the following:

Phase I – Review of technical documentation to determine whether product offered meets the Minimum Requirements (Pass/Fail).

Phase II- Submission of wafers for vendor testing to demonstrate process capabilities (Pass/Fail).

Phase III – Final review of technical and other documentation to evaluate Exceedances to Minimum Requirements, Technical Sub-factors, Past Performance, Experience and Price.

Each phase of the evaluation is stated in greater detail below.

Evaluation - Phase I:

Minimum Requirements NIST will perform an initial technical evaluation to determine that the offeror has clearly demonstrated its capability to meet or exceed the minimum specifications identified under the minimum requirements. This evaluation will be on a “Pass/Fail” basis.

Quotations that do not clearly demonstrate the offerors compliance to these minimum specifications, will not be considered further for award.

Evaluation - Phase II:

Wafer Testing Offers that receive a “Pass” rating from the Phase I evaluation will be sent two (2)InP samples and two (2)GaAs samples which may be a 2”, 3” or 4” wafer, to perform process capability testing.

NIST will perform an evaluation of the offerors process results using scanning electron microscope (SEM) and focused ion beam microscope (FIB) metrology based on the following factors:

· Vendor shall demonstrate trenches, dots and rings in varied sizes for the materials including GaAs and InP.

· Vendor shall include process condition and sample description for each sample.

· InP-etching Etch mask = 200 nm thick SiO2 (PECVD deposited) with 2 um wide trenches and 2 um diameter dots.

· Etch depth of at least 1 um

· Selectivity to SiO2 > 10:1

· 90o sidewall angle (< 1 o degree deviation). Smaller deviation is better.

Etch mask = 200 nm thick SiO2 (PECVD deposited) with 100 nm wide trenches, 100 nm diameter dots and 100 nm rings.

· Selectivity to SiO2 > 5:1

· 90o sidewall angle (< 1 o degree deviation). Smaller deviation is better.

· Very smooth sidewalls (surface roughness < 5 nm). Smaller roughness is better.

· Etch depth of 500 nm

· GaAs etching Etch mask = 200 nm thick SiO2 (PECVD deposited) with 2 um wide trenches and 2 um diameter dots.

· Etch depth of at least 1 um

· Selectivity to SiO2 > 10:1

· 90o sidewall angle (< 1 o degree deviation). Smaller deviation is better.

Etch mask = 200 nm thick SiO2 (PECVD deposited) with 100 nm wide trenches, 100 nm diameter dots and 100 nm rings.

· Selectivity to SiO2 > 5:1

· 90o sidewall angle (< 1 o degree deviation). Smaller deviation is better.

· Very smooth sidewalls (surface roughness < 5 nm). Smaller roughness is better.

· Etch depth of 500 nm Offerors shall have two weeks, from the date of receipt of the wafers, to perform the specific process testing, as specified by the Government. Offerors shall return the wafers to NIST, via overnight delivery. Offerors shall provide an electronic copy, hard copy, or both, whichever is available, of the process condition including time, gas flows, pressure, and powers for each sample.

Evaluation - Phase III:

Offers that receive a “Pass” rating from both the Phase I and Phase II evaluation will be considered further for Phase III evaluation. Evaluation in this phase will include the following:

Exceedance to the minimum requirements The following exceedances from the minimum requirements will receive additional technical consideration:

1. (minimum requirement L.) The CNST NanoFab is a multi-user facility with a wide array of active research projects. Factory support of a wide variety of processes is critical to supporting user’s timely completion of their research. More developed III-V processes and more detailed process documentation in the library can save our process development time and meet varied requirements from NanoFab users. Stronger consideration will be given to offers that fully demonstrate any additional key III-V processes that are available with the equipment offered. Demonstrating the ability to provide these processes may include, but not limited to, including process data sheets, recipe conditions, etching result measurements, etching rates, uniformity, etch profile control, selectivity to other materials, micrographs of etched features, etc.

b. (Minimum requirement G.1.) More gas pods up to 12 can provide more process capabilities for etching different materials.

c. (Minimum requirement C.5.) Broader electrode temperature ranges up to -120 °C to +400 °C can provide more process room for etching different materials and etching profile control. However, higher temperatures from 300 C to 400 C are more important than lower temperatures from -40 C to -120 C.

Technical Sub-factors

1) Ease of Use: The CNST NanoFab is a multi-user facility and its users range from 30-year cleanroom veterans to new inexperienced users. The ease of training users to operate the system, edit recipes, and extract run data is critically important to the operation of the NanoFab.

NIST will evaluate how the quotations demonstrate sequence…