JOFOC_redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Purchase Request No. NB305000-25-00141

1. Identification of the agency and the contracting activity:

U.S. Department of Commerce, National Institute of Standards and Technology (NIST), Office of Acquisition and Agreements Management, Acquisition Management Division (AMD)

2. Nature and/or description of the action being approved:

Noncompetitive purchase of a commercial product

3. A description of the supplies or services required to meet the agency's needs (including estimated value):

The Material Measurement Laboratory (MML), Materials Measurement Science Division has a requirement at its Gaithersburg campus for a deep ultra-violet (DUV) local electrode atom probe LEAP 6000 XR instrument with automated and scripted acquisition features. This instrument will provide three-dimensional (3D) atomic resolution imaging and chemical analysis of nanoscale samples of material. The LEAP6000 XR instrument will be used in a manner consistent with NIST’s mission to perform and develop measurement science requested to support by the domestic semiconductor industry. A particular research focus of the instrument will be the development of reference materials, benchmarks, data sets, and standard practices to characterize, quantify, and ameliorate sources of measurement bias and uncertainty, thereby improving accuracy, repeatability, and reproducibility of atom probe tomography (APT) measurements. The atom probe instrument and standards development project will also support other CHIPS research activities, as needed.

The estimated value of this requirement is $5,859,240 (including options), to include: delivery and installation of one LEAP 6000 XR atom probe instrument, with all hardware and software for full operation of the instrument. At a minimum, this will include: (1) the LEAP 6000 XR instrument; (2) a comprehensive automation package (micro-tip alignment/alignment optimization, local electrode testing, scripted acquisition, tool-to-tool matching, project plan/chain acquisitions); (3) AP Suite analysis software; (4) high capacity sample carousels/carousel heater; (5) plasma cleaner; (6) field ion microscope (FIM) capabilities; (7) accessories required for the operation and application of the instrument; (8) operator training; and (9) one-year warranty from date of acceptance and service contract coverage for instrument hardware and software.

Period of Performance: Delivery and installation 70 weeks after contractor acceptance of the purchase order, plus a one-year warranty, plus 4 one-year options for repair and maintenance services for a total potential period of performance of 76.5 months.

4. An identification of the statutory authority permitting other than full and open competition:

41 U.S.C. 3304(a)(1); this statute is being implemented using simplified acquisition procedures under the authority of 41 U.S.C. 1901 for commercial products or services.

5. A demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires the use of the authority cited:

Based on the findings from market research, CAMECA Instruments, Inc. (UEI:

GE2SRXMY7453) is the only source that NIST has identified that can provide a commercial local electrode atom probe instrument that meets MML’s requirements. In particular, it is NIST’s assessment that only the CAMECA instrument can meet the following requirements:

The LEAP instrument must be able to use specimen array coupons for mounting multiple specimens for efficient APT data acquisition and scripted/automated acquisitions to collect large, statistically meaningful populations of data for reference material characterization and development. Specimen arrays are also required to allow us to efficiently explore data acquisition parameter space for the mission purpose of creating standard practices.

The APT instrument must use local (plug in) electrodes. Local electrode atom probes are unique to CAMECA and are an essential feature for modern APT work. The local electrode provides practical data collection rates in excess of 100,000 ions per minute.

Without the local electrode, atom probe data collection rates would not be sufficient to collect large, statistically meaning populations of data, within the required time constraints for CHIPS, in support of our reference material characterization and development mission.

The LEAP must have a 2-dimensional position-sensitive ion detector capable of multi-hit detection with a nominal detection efficiency in excess of 50%. For trace element analysis, such as dopants in semiconductors, analysts need to be able to collect as many ions as possible. The high detection efficiency and mass resolving power offered by this detector is essential for trace analyses (mass resolving power >800 under normal operating conditions with an aluminum test sample).

NIST needs to use the same CAMECA equipment that the semiconductor industry is using. It is the only way to ensure that the physical measurement artifacts and data we create will be of use to industry stakeholders. The industry trend to switch from the older-generation near-ultraviolet (NUV)-based systems (i.e., LEAP 4000- and LEAP 5000-series models) to the deep ultra-violet (DUV) LEAP-6000 systems will continue to take place over the next few years, and NIST must switch as well, to remain relevant.

The LEAP must have automated and scripted acquisition features. Automation and scripted acquisitions are essential components in MML’s ability to fulfill mission, which requires the collection of large, statistically meaningful populations of data for reference material characterization and development. Further, automation requires specimen arrays, as discussed above. Specimen arrays and automation are required to allow MML to efficiently explore data acquisition parameter space for the mission purpose of creating standard practices.

The reflectron ion-optic used in the LEAP-6000 XR ion detection system provides an energy-compensated flight path to enhance mass resolution. This high mass resolution is required for proper spectral peak identification and accurate quantitative analyses.

The LEAP must have a DUV laser for laser-pulsed acquisitions. The DUV laser used in the LEAP-6000 XR provides enhanced specimen survivability and higher quality data for

NIST Task and Delivery Order Contracts (https://portal.cbs.nist.gov/office-of-acquisition-agreements-management-oaam/acquisition-management-division/current-contract): No sources were identified.

Inventories of the requiring agency or excess from other agencies: No sources were identified.

GSA Advantage http://www.gsaadvantage.gov Dynamic Small Business Searches (http://dsbs.sba.gov) Google.com searches

In addition to the above searches, MML representatives also utilized atom probe literature and news, attended a biennial meeting to the tom Probe Tomography and Microscopy in 2023, and held discussions with colleagues at this and other technical conferences. Through this research, NIST identified only one potential source as being capable of meeting the minimum requirements.

b. A review of the NIST purchase of an atom-probe system in 2023 (Purchase Order No.

1333ND23PNB680256) for the user facility in at the NIST campus in Boulder, Colorado was awarded as a sole source after the sources sought and notice of intent to sole source resulted in identifying CAMECA as the only capable source.

c. Sources sought notice NIST-SS25-CHIPS-0008 was posted on SAM.gov from October 21, 2024 through November 1, 2024. The notice indicated that NIST was seeking to identify sources that are capable of providing a LEAP 6000 XR local electrode atom probe instrument. The notice invited all responsible sources interested to identify their interest and capability by the closing date, the Contract Specialist received two responses: one from CAMECA and one from another source. NIST assessed the capability of the other source and determined that the other source is incapable of meeting NIST’s requirements.

9. Any other facts supporting the use of other than full and open competition:

CAMECA provided written indication to the Contract Specialist that it has no authorized resellers for the CAMECA instrument that NIST requires.

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition:

responded to the sources sought notice on October 30, 2024, but was assessed as being incapable of meeting the minimum requirements.

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required:

The AMD will closely scrutinize any requirements for subsequent acquisitions of this type or requirement and will ensure that any restrictions to competition are adequately documented and supported before proceeding.

CERTIFICATION:

Requisitioner:

I certify that the facts and representations under my cognizance, which are included in this justification, and which form a basis for this justification, are complete and accurate.

Contracting Officer:

I certify that the justification is accurate and complete to the best of my knowledge and belief.

Approved by: