NON COMP GXV-0011_Redacted.pdf

ARP 53.12-1

JUN 2026

MEMORANDUM TO THE FILE FOR AMS PID: GXV-0011

Subject: DECISION TO RESTRICT COMPETITION FOR COMMERCIAL ACQUISITION

UNDER THE SIMPLIFIED ACQUISITION THRESHOLD (SAT)

IDENTIFICATION OF SOURCE -

Vendor Name: FEI Company Vendor City/State:

Hillsboro, OR CAGE Code: 1FJ95

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:

Maintenance on Meridian IV Scanning Optical Microscope (SOM) Serial Number: 7512.

POP: 1/1/2027 12/31/2027

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.

DCG Systems is the original manufacturer of the Meridian IV Scanning Optical Microscope (SOM) and they were sold to FEI Systems along with all the data rights, patents and proprietary information. Only FEI Systems now possesses the following attributes of which are critical to both the timely and successful analysis/repair/maintenance of this equipment. They have the proprietary rights to all data, drawings and schematics and have in-house, both trained and licensed technical personnel as well as a stockpile of certified repair/replacement parts. These elements are all

ARP 53.12-1

JUN 2026

[necessary and critical to enable both timely and accurate repairs of the FEI Systems identified above. Service agreement covers the periodic calibration and emergency repair for Meridian IV Scanning Optical Microscope (SOM). If the SOM is damaged and service agreement is not in place, we will have excessive downtime. The FEI Meridian IV SOM is used regularly to perform Failure Analysis on microelectronic devices to support GXV Division. The FEI Meridian IV SOM is used to perform failure analysis on key microelectronic devices to determine root cause of failure. Not having the system operational would severely impact our ability to find the root cause of failure for our customer, which would impact their schedule. Due to the sensitivity of the components this work needs to be done in a government facility so contracting out this work is not feasible. To purchase another tool would cost around and would take 10-12 months for delivery. If we had to go with a different procurement route, the schedule would be impacted because of the procurement time, delivery, training, and any testing that we may need to do before we can use the equipment. We would be without the equipment for that time period which would add negative impact to the programs we support.

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.