ASML JOFOC Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Purchase Request No. NB680000-24-00317

1) Identification of the agency and the contracting activity.

U.S. Department of Commerce National Institute of Standard and Technology Office of Acquisition and Agreements Management Acquisition Management Division 100 Bureau Drive Stop 1640 Gaithersburg, MD 20899-0001

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

Non-competitive purchase of a proprietary commercial services and repairs.

3) A description of the supplies or services required to meet the agency’s needs

(including the estimated value).

The NIST MicroFabrication Facility (BMF) in Boulder, Colorado requires the following:

• Provide periodic maintenance and repairs for for the BMF’s ASML 5500/80 wafer stepper (serial number 7949), and ASML 5500/100 wafer stepper (serial number 4956).

• Provide a 4 to 2 cabinet conversion for the ASML 5500/80 stepper.

• Provide an illumination lift column replacement for the ASML 5500/100 stepper.

The estimated value of this requirement is $2,020,000, inclusive of four one-year options for services.

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

41 U.S.C. 3304(a)(1), Only one responsible source and no other supplies or services will satisfy agency requirements. The 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 use of the authority cited.

ASML is the Original Equipment Manufacturer (OEM) of the 5500/80 wafer stepper (serial number 7949), and ASML 5500/100 wafer stepper (serial number 4956). The aforementioned items are proprietary to ASML. ASML does not train or authorize third parties to perform maintenance on ASML’s proprietary products.

6) A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under

5.202 applies.

A Notice of Intent (NOI) to sole source was posted to SAM.gov stating NIST’s intent to enter into a sole source procurement with ASML for these requirements. The notice was posted on November 27, 2023, with a response date of December 12, 2023, with the notice stating all responsible sources interested may identify their interest and capability. The contracting officer did not receive any responses to that notice.

7) A determination by the contracting officer that the anticipated cost to the

Government will be fair and reasonable.

The contracting officer will perform price analysis and will only award the purchase order if they determine the price to be fair and reasonable. The Contracting Officer will rely on commercially available pricing information, the independent Government cost estimate, and their independent judgment to make that determination.

8) A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

Representatives for BMF spoke with colleagues at NIST, performed internet searches, and relied on their professional expertise to identify two potential sources: ASML (the OEM) and XXXXXXX. Recently, ASML bought XXXXX, and therefore, ASML is the only company that we have been able to identify that can provide these services.

The results of these conversations are listed in paragraph 5 above.

The Contract Specialist (CS) performed additional market research to include mandatory sources, internet searches, and the SBA Dynamic Small Business Database. The CS searched SBA’s Dynamic Small Business Database using key word “ASML” under NAICS 333242, which returned only one potential source. The capabilities of that company were reviewed by ASML, who confirmed this small business is not authorized to provide parts or perform maintenance on ASML’s proprietary products (see the Market Research Report for full names and findings).

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

None.

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

None.

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.

Before any subsequent acquisition of similar items is required, the NIST Acquisition Management Division will ensure that appropriate market research is conducted and that any restrictions to competition are adequately supported and documented.

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.

Reviewed By: Contracting Officer

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

Approved By: NIST Competition Advocate (CAM 1306.70, Par 2.5)

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