JOFOC 23-00677_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Purchase Request No. NB680000-23-00677

1. Agency Contracting Activity

U.S. Department of Commerce National Institute of Standard and Technology (NIST) Office of Acquisition and Agreements Management Acquisition Management Division (AMD) 100 Bureau Drive Bldg. 301, Mail Stop 1640 Gaithersburg, MD 20899-0001

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

Non-competitive procurement of a commercial laboratory product.

3. Description of the supplies or services required to meet the agency’s needs (including the estimated value).

a) One inductively coupled plasma etch system for HBr Cl based silicon etching with additional four-year warranty.

b) One inductively coupled plasma etch system for silicon deep reactive ion etching (DRIE) with additional four-year warranty.

The estimated total value of this requirement is

The products above are commercial products, per the definition at FAR 2.101. Acquisition from only one source is justified based on the determination that only one source is capable of meeting the minimum specifications. Additionally, competition is not available through means of a modified commercial product (per the definition in FAR 2.101) based on the following rationale: The CNST Nanofabrication Facility is a User Facility that is utilized by both internal and external stakeholders. These stakeholders pay a fee for use of the facility and the equipment contained therein. As such, the purchase of equipment with demonstrated and commercially tested capabilities is paramount. Further, many of the users utilize the facility specifically for use of these well-known tools for use in their research. Untested equipment, such as first use items or tools that do not have a known and demonstrated capability, are not requested for use by the users of the NanoFab facility.

4. 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 and services.

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

Representatives from the NIST Physical Measurement Laboratory (PML) identified five companies that produce commercial products that are similar in nature to the required inductively coupled plasma etching systems. Each company’s products were reviewed to determine whether the company could provide a commercial product that meets the minimum specifications.

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 the price is determined 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.

A sources sought notice was posted to SAM.gov on October 17, 2022, with a closing date of November 16, 2022. Respondents were encouraged to identify any aspects of the notice or minimum specifications that could be viewed as unduly restrictive or contain unnecessary barriers that adversely impact competition. Suggestions from industry were sought to make the market research notice and draft minimum specifications more inclusive and competitive. Only two responses were received from industry: Plasma-Therm and Oxford Instruments. In addition to the sources sought notice, NIST utilized the Manufacturing Extension Partnership (MEP) to conduct a nation-wide search for U.S. manufacturers capable of meeting the Government’s specifications. The opportunity was posted to the MEP National Network for 30 days. MEP Center Staff reviewed the opportunity and consulted with small and medium manufacturers, returning zero matches for the requirement under this acquisition.

In addition to the above, NIST scientists spoke with colleagues at NIST, performed internet searches, and relied on their professional expertise to identify the previously discussed five potential sources for the required etcher tools.

The NIST technical representative discussed the scope of the requirement with the following manufacturers:

Oxford Instruments America, Inc How contacted: Phone, email, and sales visits to NIST Date Contacted: November 15, 2022

UEID: QK66A86PKE67

Plasma-Therm, LLC How contacted: Phone, email, and sales visits to NIST Date Contacted: November 15, 2022

UEID: TPK7CJU9TJF3

SPTS Technologies, Inc.

How contacted: Phone, email, and sales visits to NIST Date Contacted: November 15, 2022

UEID: ZU1XE6W9E7L4

Trion Technology How contacted: Reviewed website Date Contacted: February 14, 2023

UEID: XJDBN7AV1GG3

Samco Inc.

How contacted? Reviewed website and the market research done by Date Contacted: February 14, 2023

UEID: YLRNSNYB1SS8

The results of the conversations are addressed in paragraph 5 above.

The Contract Specialist (CS) performed additional market research to include review of capabilities of mandatory sources; internet searches; review of existing AMD contract vehicles; review of Acquisition Gateway Best-In-Class (BIC) contract vehicles; and queries in the SBA Dynamic Small Business Database using key words “plasma” AND “etch” under NAICS 334516, which returned 2 potential matches. The program office reviewed the commercial websites for these 2 matches and determined each business incapable of meeting NIST’s requirements for the following reasons:

Company Name City, State DSBS Capabilities

Narrative Government Capabilities Review

1 SABR

ENTERPRISES LLC

North Andover, MA

Manufacturer of Rare Earth Permanent Magnet (REPM) devices for Nuclear Magnetic Resonance (NMR), Magnetic Resonance Imaging (MRI), ion implanters, plasma etch systems, storage rings, Halbach arrays, Halbach cylinders, isotope production accelerators and more. Major contracts include the production of these devices for semiconductors, process control equipment and research applications.

SABR Enterprises, LLC is not a plasma etcher manufacture. The company is a manufacturer of Rare Earth Permanent Magnet (REPM) devices for Nuclear Magnetic Resonance (NMR), Magnetic Resonance Imaging (MRI), and Ion Implanters.

2 TRION

TECHNOLOGY INC

Tempe, AZ Trion Technology manufactures plasma etch and deposition systems that process a wide variety of parts and devices for R&D and Failure Analysis labs including: MEMS, Photonics and Semiconductor applications.

Trion does not meet NIST’s requirements, as detailed in paragraph 5 above.

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.

Oxford Instruments America Inc.; Plasma-Therm, LLC

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 Government will continue to conduct thorough market research to gauge marketplace capabilities for future requirements. During the expected life cycle of this equipment, NIST will work to identify additional products that could meet its requirements. The CHIPS and Science Act of 2022 invests in the United States semiconductor manufacturing industry and NIST serves an integral role in implementing the Act to remove and overcome barriers to future competition.

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.