JOFOC for NB680000-23-00539r_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Purchase Request No. NB680000-23-00539

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.

Noncompetitive purchase of a proprietary laboratory instrument and related services

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

The NIST Physical Measurement Laboratory (PML) has a requirement for a Direct Laser Writer instrument with the following minimum specifications:

Write speed is same or faster than existing MLA 150 system (405nm laser = 1000 mm^2/min or greater and 375nm laser = 500 mm^2/min or greater)

Capable of writing arbitrary patterns at feature sizes of about 1 micron using both 405nm and 375 nm laser light sources.

Automatic Substrate loading to allow for multiple substrates without a user present and provides for the capability for overnight use.

This requirement will also include several optional items, to include:

- A second Direct Laser Writer, identical to the first, for use in the NIST

Nanofabrication facility in Gaithersburg, MD.

- Four years of Preventive Maintenance/Repair service for the Boulder system

- Four years of Preventive Maintenance/Repair service for the Gaithersburg system

The estimated value of this requirement is $2,900,000, which includes $1,325,000 for the Boulder system, $1,325,000 for the Gaithersburg system and $252,000 for optional maintenance for each system ($126,000 each).

This item/product is commercial in nature. It consists of a base tool that is configured to meet the specific technical demands of the buyer. These configurations are made using a range of commercially available components.

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

Representatives from the NIST PML identified three companies that produce tools that are similar in nature to the required Direct Laser Writer instrument. Each company’s capabilities were reviewed to determine whether their product is able to meet the minimum technical requirements listed in paragraph 3. The companies whose capabilities were reviewed include:

ii) Heidelberg Instruments Inc

Based on the recent PML market research detailed in Paragraph 8, Heidelberg Instruments Inc. is the only company that has been identified that can meet PML’s minimum technical specifications. The reasons include:

i) Heidelburg Instruments: Heidelberg Instruments produces the MLA 150 that can meet the minimum specifications.

ii)

The writes at a speed that is between ten and one hundred times slower than our current system. Additionally, while it is stated in the company’s literature that they offer an autoloading system, after talking to a company representative, they have not deployed a system that can autoload from a standard wafer cassette and then align to the wafer as we require.

One other important requirement for the tool is that it needs to be able to write with both a 405 nm and 375 nm source. Different photoresists are sensitive to different wavelengths of light. PML currently exposes resist at both wavelengths. While the Picomaster 200 can have a 405 nm or 375 nm source, it cannot have both at the same time. Therefore, the does not meet this important requirement.

iii) PML representatives discussed their minimum requirements with the company, but the company indicated that the system could not meet the following minimum requirements:

The writes at a speed that is almost ten times slower than our current system. Additionally, does not offer a system with an auto-loader, which allows wafers to be run overnight.

There are some additional technical requirements that the system cannot meet. For example, PML requires a system that can perform backside alignment on arbitrary substrates while requires a substrate to be transparent to infrared for backside alignment. Additionally, the system cannot automatically find the wafer flat, which is required to write patterns that are aligned to wafer crystal structure, which is required for some NIST devices. Finally, the system requires clamps to clamp substrates. PML requires the system to be able to write on substrates such as wafers, photoplates, and arbitrary sized chips.

Finally, does not have any technical support in North America. All technical support is provided from . This would mean that the tool could be down for long periods of time as emails are sent back and forth from which is also unacceptable.

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.

In accordance with FAR 5.203 and 41 U.S.C. 1901(e)(1), a Notice of Intent (NOI) to sole source was posted to SAM.gov stating the intent to enter into a sole source procurement with Heidelberg Instruments Inc. The notice was posted on February 02, 2023, with a response date of February 17, 2023, with the notice stating all responsible sources interested may identify their interest and capability. NIST 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 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 14, 2022 with a closing date of November 13, 2022. No responses were received. In addition, the NIST Boulder team conducted market research for a new Direct Laser Writer system. The team spoke with colleagues at NIST, performed internet searches, and relied on their professional expertise to identify three potential sources:

i)

ii) Heidelberg Instruments Inc iii)

Company Name:

How contacted? Phone, Email, Face to Face Meeting, Conference, etc.: Email, then teams meeting

Date Contacted: November 2022

Company Name: Heidelberg Instruments Inc How contacted? Phone, Email, Face to Face Meeting, Conference, etc.: Email then teams meeting Date Contacted: September 2022

Company Name:

How contacted? Phone, Email, Face to Face Meeting, Conference, etc.: email then in person meeting Date Contacted: October 2022

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

The Contract Specialist (CS) performed additional market research to include mandatory sources; GSA eLibrary search (for Laser Writer); internet searches;

review of existing AMD contract vehicles; Acquisition Gateway Best-In-Class (BIC) contract vehicles; and the SBA Dynamic Small Business Database. The CS searched SBA’s Dynamic Small Business Database using key word “Laser” under NAICS 333242, which returned three potential small businesses. The capabilities of those three companies were reviewed, however none were found to be capable of meeting the minimum requirements (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.

The companies listed in the market research were contacted by NIST. No companies responded to the sources sought notice, notice of intent to sole source, nor expressed in writing any direct interest this acquisition.

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.