JOFOC NB6720102301133 - White Light Interferometer 12 May 23 (2)_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FAR 13.501

White Light Interferometer Purchase Request: NB6720102301133

1. Agency Contracting Activity.

Department of Commerce National Institute of Standard and Technology (NIST) Office of Acquisition and Agreements Management (OAAM) Acquisition Management Division (AMD) 325 Broadway Boulder, CO 80305

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

NIST/OAAM/AMD, on behalf of the Guided Wave Electromagnetics Group (GWEG), Radio Frequency Division 672, intends to negotiate on a sole source basis with Zygo Corporation, of Middlefield, Connecticut, to procure a White Light Interferometer and supporting software. This requirement will be fulfilled using Simplified Acquisition Procedures under the authority of FAR 13.5 Simplified Procedures for Certain Commercial Items. The justification herein was developed utilizing the format requirements identified in FAR 6.303-2, modified to reflect that the procedures in FAR Subpart 13.5, in accordance with 41 U.S.C. 1901.

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

The GWEG has a requirement to produce broadband electrical calibration artifacts as part of its calibration service for scattering parameter traceability up to 18 GHz. Precision manufactured calibration artifacts are required to maintain accurate traceable calibrations for internal and external customers. Development in coaxial connector technology has been made allowing production of higher precision airline calibration artifacts. To characterize these artifacts and the associated test ports, they require a white light interferometer imaging system. This will allow NIST to accurately characterize the surface features and roughness of microwave connectors for quality control and finite element modeling.

The estimated total cost of this requirement is to include delivery of the system, installation, training, and a minimum three-year warranty from date of acceptance.

4. Statutory authority permitting other than full and open competition.

Statutory authority for sole source is 41 U.S.C. 3304(a)(1), Only one responsible source with no distributors. The statute is being implemented using simplified acquisition procedures under the authority of 41 U.S.C. 1901.

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition require use of the authority cited.

This acquisition requires the use of "MX" software proprietary to Zygo Corporation and a system compatible with the software. Use of "MX" software is required due to the need for NIST to be able to cross-validate its measurements of microwave connectors with NIST’s partners including stakeholders, microwave component manufacturers, and other national metrology institutes. This software is exclusively used by the manufacturers and other national metrology institutes NIST partners with, and it would be cost-prohibitive for the partners to change out working equipment just to collaborate with NIST. This collaboration is necessary to NIST’s mission as the work directly impacts NIST’s ability to maintain and disseminate microwave scattering parameters and power according to NIST's entries in The International Bureau of Weights and Measures (BIPM).

The GWEG is developing the next generation analysis and characterization techniques for traceable microwave calibration artifacts and standards. It also works with private industry and other national metrology institutes to accomplish this goal. Without this procurement, NIST's mission would be directly impacted, and interagency agreements would be compromised.

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 Zygo Corporation.

The notice was posted on 4/6/2023, with a response date of 4/24/2023, with the notice stating all responsible sources interested may identify their interest and capability. On the closing date no responses were received.

7. A determination by the contracting officer that the anticipated cost to the government will be fair and reasonable.

The Contracting Officer will determine that the anticipated price is fair and reasonable in accordance with FAR 13.106-3(a)(2)(ii) and (iv) – comparison of the proposed price with prices found reasonable on similar previous purchases and comparison to the independent government estimate. Prior to award of the proposed contract, the proposed price will be evaluated. The evaluation will determine whether the proposed prices are reasonable in relation to the solicitation requirements. Prices must be entirely compatible with the technical portion of the quotation. The Contracting Officer has determined that the anticipated costs to the Government will be fair and reasonable based on evaluation of commercial pricing, comparison to previous purchases, and comparison to the Government estimate.

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

Market research was conducted to identify available sources and to evaluate the availability of the marketplace to meet the requirement as follows:

a. In January 2023, the requirements manager (RM) initiated the market research for this requirement by speaking with colleagues knowledgeable in the field of study, performing internet searches, and relying on their professional expertise to identify potential sources for the required system. They identified two vendors, Zygo Corporation and RMSW Partners. After communications and review of products offerings from these companies, only Zygo Corporation was found to produce a system that can meet all the technical specifications, but a sole source determination was not initially identified.

b. When the requirement was received by AMD in March 2023, the contracting officer (CO) identified two potential sources, Attocube Systems AG and Heidelberg Instruments, Inc., based on a North American Industry Classification System (NAICS) search and a search of past government purchases for similar interferometer type equipment in the Federal Procurement Data System.

c. A sources sought notice was posted to SAM.gov on 3/14/2023, with a closing date of 3/24/2023.

A courtesy email of the sources sought notice was sent to all companies identified above. Only one response was received from All Axis Precision, LLC which included an initial detail of the technical specifications of their offering to the requirement. The response also indicated NIST’s specifications included a requirement for proprietary software which may be limiting.

d. After review and consultation between the CO, RM, and Zygo Corporation, the software manufacturer, the RM determined the proprietary software is required for the acquisition and the acquisition would need to be procured on a sole source basis.

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

None

10. A list of sources, if any, that expressed in writing, any interest in the acquisition.

Zygo Corporation

All Axis Precision, LLC.

11. A statement of the action, if any, the agency make / 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 the 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.

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.

Angela Stelson Requirements Manager Guided Wave Electromagnetics Group

Angela Stelson

Digitally signed by Angela Stelson Date: 2023.05.17 17:25:30 -06'00'

Contracting Officer:

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

Daniel Kent

DANIEL

KENT

Digitally signed by

DANIEL KENT

Date: 2023.05.18 07:44:13 -06'00'