27Q0004_non-comp_Redacted.pdf

ARP 53.12-1

JUN 2026

MEMORANDUM TO THE FILE FOR AMS PID: GXM-0150

Subject: DECISION TO RESTRICT COMPETITION FOR COMMERCIAL ACQUISITION

UNDER THE SIMPLIFIED ACQUISITION THRESHOLD (SAT)

IDENTIFICATION OF SOURCE -

Vendor Name: Hitachi High-Tech America, Inc Vendor City/State:

Dallas TX CAGE Code:

6WR65

Total Dollar Value:

RFO FAR 12.102(a) authorizes the use of restricting competition for acquisitions of commercial products and commercial services not exceeding the SAT when the Contracting Officer determines that only one source is reasonably available due to circumstances such as urgency, exclusive licensing, brand-name requirements, or industrial mobilization.

In accordance with RFO FAR 12.102(a), this memorandum documents the absence of competition for this commercial acquisition. Only one source will be solicited for this requirement (or a portion thereof), and the total value is not expected to exceed the SAT.

I. DESCRIPTION OF ITEM OR SERVICE:

This procurement action is for the maintenance of the Government owned Hitachi SU7000 Scanning Electron Microscope, located in This maintenance contract will ensure proper operation of the equipment in accordance with the manufacturer's performance specifications and the Government's test requirements.

II. THE DETERMINATION FOR USE OF RESTRICTING COMPETITION IS BASED ON THE

FOLLOWING: <Select applicable sole-source rationale category>

ONLY ONE RESPONSIBLE SOURCE (select all that apply):

RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the

OEM.

OTHER REASONS. Other reasons not identified above. Provide details on mission impact if requirement is not solicited from only one source.

This system was purchased under a competitive contract To get another vendor to maintain this equipment, the Government would need to purchase new equipment from a different new contract. This would cost the Government and time.

ARP 53.12-1

JUN 2026

[It is not possible to reverse engineer the system to allow integration of equipment from another source due to the unavailability of proprietary program source code and other design information.

Critical features for properly repairing and maintaining the operation of the Hitachi SU7000 SEM include component integration, complete parts inventory, access to proprietary information and qualified service engineers for both systems. The service engineers from Hitachi have been specially trained and have an in-depth knowledge of the equipment that is required to maintain and/or repair the equipment. Hitachi maintains an active inventory of parts, and they have access to proprietary information that is required for repair of both systems.

The Hitachi SU7000 has specialized software that controls the operation and systems of the SEM.

This software is licensed only by Hitachi. Servicing highly complex pieces of equipment such as the Hitachi SU7000 requires specialized training from the manufacturer. The service engineers at Hitachi have this specialized training, as well as familiarity with system proprietary information required to repair the system. No other additional firm would have access to the proprietary information required to fully cover maintenance and repairs of this system.

BRAND NAME: Item required must be a brand name product, or feature of a product, particular to one manufacturer.

UNUSUAL AND COMPELLING URGENCY:

The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits, bids, or proposals. Urgent requirements are supplies or services that will result in a work stoppage or are mission critical, and the routine processing time would result in injury to the Government. The determination that the procurement for the above product/service requires unusual and compelling urgency is based on the following:

i. Date on which the requirement was first identified:

ii. Required delivery date/period of performance:

iii. Explanation of why delivery/commencement of services by the date mentioned above is required:

iv. If appropriate, include any additional pertinent information.