High-pressure XPS System

Questions & Answers / Clarifications

This document provides responses to vendor questions regarding Solicitation 1333ND26QNB030170, clarifying requirements and potential adjustments.

• Shipping Terms: NIST requires shipping to be FOB Destination (domestic) or DDP (international). They cannot accept DAP (Delivered at Place) as it would prevent NIST from acting as the Importer of Record and utilizing tax-exempt status, thus avoiding a projected tariff surcharge.
• Period of Performance (PoP): NIST is open to revising PoP milestones (e.g., Factory Acceptance at 10 weeks ARO, System Delivery at 20 weeks ARO) and the Site Visit requirement (12 weeks ARO). Vendors should submit rationale for proposed adjustments.
• Technical Compatibility: Due to constraints, the requirement for the system to be compatible with NIST's existing custom reaction chamber can be omitted. NIST is ready to work with the vendor's standard chamber, and details on the standard chamber must be included.
• Payment Milestones: NIST requires payment schedules to be linked to deliverables. While "Installation Documents" as the first 20% milestone is not standard, NIST is open to alternate payment schedules, with "delivery of system drawings" being a reasonable deliverable. Vendors are allowed to submit alternate payment schedules.
• 20 Torr Water Vapor Requirement: This is a mandatory specification to meet future needs. NIST will work with the standard vendor's chamber to accommodate this requirement.

Vendors should note the flexibility on PoP and Site Visit, the omission of the custom chamber compatibility requirement, and the mandatory nature of the 20 Torr water vapor specification. Alternate payment schedules are permitted. Bidders should ensure their proposals reflect these clarifications and include details on their standard chamber if the custom chamber compatibility is omitted.

Statement of Work (SOW) / Performance Work Statement (PWS)

To acquire a High-Pressure XPS system (HPXPS) for precise, real-time, sub-monolayer sensitive in-situ chemical analysis of wafer surfaces during plasma processing. This system is crucial for supporting the CHIPS R&D: Metrology Program's Grand Challenge and advancing semiconductor manufacturing.

• Procurement of a High-Pressure XPS system, including an AP (NAP) XPS analyzer, a Near Ambient Pressure Monochromatized X-ray source, and differential pumping systems with control electronics.

• The system must meet specific technical requirements for pressure operation, spectral resolution, beam characteristics, and component compatibility.

• Contractor shall supply and install the HPXPS system, provide training to new users, and supply necessary documentation.

• The system must meet or exceed all technical specifications outlined in the SOW.

• Performance tests will be conducted to verify system performance, including leak-free operation, XPS spectra quality, X-ray source beam size, and AP XPS analyzer performance.

• NIST reserves the right to forego part of the acceptance testing.

• Place of Performance: NIST, 100 Bureau Dr., Building 216, D109 lab, Gaithersburg, MD 20899.

• Period of Performance: Approximately 48 weeks ARO (After Receipt of Order).

• Key milestones include system delivery (no later than 10 months after award), installation (within 30 days after delivery), and training (within 7 days after installation).

• All items must be new; used, remanufactured, experimental, prototype, or custom items are not acceptable.

• Contractor is responsible for all travel expenses.

• Contractor shall supply all parts, hardware, equipment, and labor.

• Contractor employees must comply with NIST safety, security, and identification badge requirements.

• Warranty: Minimum of 1 year after receipt of equipment.

• Payment Schedule: Based on milestones including installation docs, factory acceptance, delivery, inspection, and acceptance.

Form / Attachment / Pricing Sheet

This document lists solicitation provisions and contract clauses that are incorporated by reference. It provides links to access the full text of these provisions and clauses electronically. It also lists specific clauses and provisions that are incorporated by reference, including their titles and dates.

• Solicitation Provisions Incorporated by Reference (FEB 1998): Details how to obtain the full text of referenced provisions.
• Clauses Incorporated by Reference (FEB 1998): Details how to obtain the full text of referenced clauses.
• List of Incorporated Clauses/Provisions: A comprehensive list of FAR and agency-specific clauses and provisions, including their numbers, titles, and dates (e.g., FAR 52.203-6, FAR 52.209-2, 1352.201-72).
• FAR 52.212-4 Terms and Conditions - Commercial Products and Commercial Services: This section provides the full text for several key terms and conditions, including:
  • Definitions
  • Inspection/Acceptance
  • Assignment
  • Changes
  • Disputes
  • Excusable Delays
  • Invoice
  • Patent Indemnity
  • Payment (including Overpayments and Interest)
  • Risk of Loss
  • Taxes
  • Termination for Government's Convenience
  • Termination for Cause
  • Title
  • Warranty
  • Limitation of Liability
  • Compliance with Laws unique to Government Contracts
  • Order of Precedence
  • Unauthorized Obligations
  • Comptroller General Examination of Record
  • Incorporation by Reference
• Trade Agreements Certificate (DEVIATION JAN 2026): A provision requiring offerors to certify the country of origin for end products.
• Place of Manufacture (DEVIATION JAN 2026): A provision requiring offerors to indicate the predominant place of manufacture for end products.
• Security Prohibitions and Exclusions Representations and Certifications (DEVIATION JAN 2026): Provisions related to business operations in Sudan, sensitive technology, covered telecommunications equipment, FASCSA orders, and Iran representations and certifications.
• Authorized Deviations in Provisions/Clauses (NOV 2020): Indicates the use of authorized deviations in FAR provisions and clauses.
• Contracting Officer's Representative (COR) (APR 2010): Designates the COR and outlines their responsibilities and limitations.
• Agency Protests (APR 2010): Provides instructions for filing agency protests.
• GAO and Court of Federal Claims Protests (APR 2010): Provides instructions for filing protests with the GAO or Court of Federal Claims.
• Place of Acceptance (APR 2010): Specifies the location for acceptance of supplies and services.
• NIST Local-53 Contract Performance During Changes in NIST Operating Status: Provides guidance on operating status changes at NIST campuses.
• NIST Local-54 Electronic Billing Instructions: Outlines electronic invoice submission requirements.
• NIST Local-56 Invoicing Processing Platform-Alternate I (DEC 2022): Details the use of the U.S. Department of the Treasury's Invoice Processing Platform (IPP) for payment requests.

This document is critical for bidders as it defines the legal and contractual framework governing the opportunity. It specifies numerous mandatory clauses and provisions that will apply to any resulting contract. Bidders must review these to understand their rights, responsibilities, and obligations, including those related to:

• Compliance with laws and regulations.
• Payment terms and invoicing procedures.
• Contract modifications and disputes.
• Termination clauses.
• Warranty and liability.
• Country of origin and place of manufacture requirements.
• Security prohibitions and certifications.
• Protest procedures.
• The role and authority of the Contracting Officer's Representative (COR).
• Specific NIST operational and invoicing procedures.

Understanding and complying with these incorporated provisions and clauses is essential for preparing a compliant proposal and for successful contract performance.

Solicitation / RFP / RFQ

This is a combined synopsis/solicitation for commercial products or services, prepared in accordance with FAR Part 12. It constitutes the only solicitation, and no written solicitation will be issued. The government is requesting quotations for the acquisition of an AXPS analyzer system and related components.

• CLIN 0001: AXPS analyzer (IAW Attachment 1)

• CLIN 0002: Near ambient pressure momchromatized X-ray source (IAW Attachment 1)

• CLIN 0003: Differential pumping system/electronic controls (IAW Attachment 1)

• CLIN 0005: Transportation and Other related expenses (Not-to-Exceed amount)

• Detailed requirements are in the attached Statement of Work (Attachment 1).

• Delivery and acceptance dates, and FOB point are in the Statement of Work.

• Contract type: Firm-fixed-price purchase order (PO).

• Acquisition is being solicited as unrestricted competition.

• Submission Deadline: E-mail quotations due by 11:00 am Eastern Time, April 29, 2026.

• Submission Method: Via email to forest.crumpler@nist.gov and donald.collie@nist.gov. Reference RFQ number 1333ND26QNB030170 in the subject line.

• Quotation Preparation: Must be clearly written, neat, indexed (or have a Table of Contents), and logically assembled. Divided into four volumes:

  • Volume I: Technical Quotation (demonstrate capability to meet or exceed requirements with evidence; no prototypes, used, or refurbished instruments).
  • Volume II: Demonstrated Experience (up to three relevant contracts/projects with details).
  • Volume III: Price Quotation (firm-fixed-price for each CLIN, including shipping/tariffs; valid for 90 days).
  • Volume IV: Terms and Conditions (review and complete required information).

• Evaluation Criteria: Award will be made on a best-value basis, considering price and other factors. Non-priced factors are significantly more important than price. Evaluation factors include Technical Capability, Experience, and Price.

• Pre-Quote Inquiries: Submit questions in writing to forest.crumpler@nist.gov and donald.collie@nist.gov no later than 5 calendar days after the solicitation issuance date. Responses will be in an amendment.

• NAICS Code: 334516 - Analytical Laboratory Instrument Manufacturing.

• Small Business Size Standard: 1,000 employees.

• Registration: Offerors must have an ACTIVE registration in the System for Award Management (SAM.gov) at the time of quotation submission, award, performance, and final payment.

• Incorporated provisions and clauses are effective through the RFO, supplemented by U.S. Department of Commerce Acquisition Policy.

• Offerors objecting to terms and conditions must state exceptions in writing.

Statement of Work (SOW) / Performance Work Statement (PWS)

The objective of this Statement of Work is to acquire a High-Pressure XPS (HPXPS) system for precise, real-time, sub-monolayer sensitive in-situ chemical analysis of wafer surfaces during plasma processing. This system is intended to support the NIST CHIPS Plasma XPS project and advance semiconductor manufacturing by enabling innovative plasma-XPS metrology.

• HPXPS System: The core deliverable is a High-Pressure XPS system, including an AP (NAP) XPS analyzer and a Near Ambient Pressure Monochromatized X-ray source.

• Sample Chamber: The system must include a customized sample chamber capable of being filled with various gases (N2, He, H2, Ar, O2, CH4, and H2O vapor) up to 5 Torr (20 Torr for water vapor).

• Performance: The system must achieve specific performance metrics, including a few kcps Ag 3d5/2 count rate at a few Torr N2 pressure, and meet specified working distances and electron kinetic energy ranges.

• Differential Pumping: The system requires differential pumping systems for both the analyzer and X-ray source, including associated pumps, valves, gauges, and PC-controlled software.

• Documentation & Software: All original documentation and software must be provided.

• Period of Performance: Approximately 48 weeks After Receipt of Order (ARO), including factory acceptance, site visit, system delivery, installation, and commissioning.

• Place of Performance: 100 Bureau Dr. Building 216, D109 lab, Gaithersburg, MD 20899.

• New Equipment: All items must be new; used, remanufactured, experimental, prototype, or custom items are not acceptable.

• Installation: The system shall be installed by NIST under contractor supervision.

• Training: Contractor shall provide training for up to five users at NIST.

• Warranty: A minimum of 1-year warranty after acceptance is required.

• Payment Schedule: Payment is based on milestones including installation documents, factory acceptance, delivery, inspection/acceptance, and a wrap-up meeting.