1-07_REDACTED_J&A_For_Other_Than_Full_and_Open_Competition_under_SAP_68-5041-18.pdf

DEPARTMENT OF THE NAVY

NAVAL RESEARCH LABORATORY

4555 OVERLOOK AVE SW

WASHINGTON, DC 20375-5320

Justification for Other than Full and Open Competition Under Simplified Procedures For Certain Commercial Items In Accordance

With Federal Acquisition Regulation (FAR) 13.5

PURCHASE REQUEST NO. 68-5041-18

J&A NO: J&A13.501-18-TL08

Estimated Cost: $430,000

On the basis of the following, I, as the Insert (Competition Advocate, Contracting Officer, etc.), hereby approve the use of a sole source proposed contractual action pursuant to the authority of :

☒ 41 U.S.C. 1901 ☐ 41 U.S.C. 1903

1. The U.S. Department of Navy; Naval Research Laboratory Contracting Division proposes to enter into a sole source contract with Heidelberg Instruments, Inc., under simplified procedures for certain commercial items included in FAR subpart 13.5.

2. The nature and/or description of the action being approved, i.e., sole source under procedures for certain commercial items in accordance with FAR 13.5. The Government intends to procure an MLA150 Maskless Aligner on a sole-source basis to Heidelberg Instruments, Inc., under procedures for certain commercial items in FAR 13.5. NRL Code 6800 routinely performs semiconductor device fabrication and patterning. NRL Code 6800 currently has a critical need for high throughput, rapid prototyping of semiconductor devices and circuits that requires directly writing a pattern onto a photoresist layer without the need for a pre-fabricated mask. The required system must simultaneously provide a fast write speed, feature resolution of at least 1 micron, overlay tolerance of 0.5 micron, and provide an intuitive interface for a multi-user environment.

3. A description of the supplies and/or services required, including the delivery schedule and/or the period of performance (inclusive of all option periods), and the estimated dollar value of the acquisition.

For rapid prototyping, the maskless aligner must by capable of patterning a 3” diameter in less than 10 min, regardless of pattern fill factor, with a reproducible feature size of 1 micron or better. The level-to-level alignment tolerance must be at least 0.5 micron with automated alignment procedures to adjust for x, y, and rotational alignment. The system must be able to accommodate sample sizes between 5 mm x 5 mm to at least 6” diameter wafers, with thicknesses in the range of 0.1 to 2 mm. To account for sample non-uniformities, the tool must have a real-time autofocus system. A solid-state light source is required for long lifetime and to avoid the use of hazardous materials as well as be able to expose both standard broadband and i-line photoresists. Finally, all system processes must be controlled via a computer with an intuitive graphical user interface due to use in a multi-user environment. The ability to pattern semiconductor devices without a pre-defined mask and with high throughput is critical for the rapid advancement of new semiconductor device topologies. The estimated dollar value of this action is $430,000. The required delivery is 6 months after receipt of order.

4. The statutory authority permitting sole source.

☒ 41 U.S.C. 1901 ☐ 41 U.S.C. 1903

5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring use of the authority. The maskless aligner system specified by Heidelberg Instruments is the only maskless aligner that has the combination of write speed, feature resolution, and overlay tolerance that can meet the required specifications based on the market research. The unique ability to

1-07 REDACTED J&A For Other Than Full and Open Competition under SAP 68-5041-18

pg. 2 accomplish this level of performance appears to be related to intellectual property that Heidelberg Instruments possesses, US20110273688 A1 “Method and device for imaging a radiation-sensitive substrate,” which limits the available competition for using similar technology to meet the specifications.

Additionally, Heidelberg Instruments has readily available parts and service engineers within the US to provide immediate support to reduce tool downtime.

6. A description of efforts made to ensure offers/quotes are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized in FEDBIZOPPS (as required by FAR 5.2) and, if not, which exception under 5.202 applies. Market research was performed via technical discussions with others in the semiconductor research community. RFI, N00173-18-RFI-TL08, was issued, via FBO.gov, to search for potential large and small businesses that could meet the requirements listed in the specifications document. Only Heidelberg Instruments responded to the RFI. A notice of intent will be posted to FebBizOpps to ensure offerors are solicited from as many potential sources as possible.

7. The anticipated dollar value of the proposed acquisition, including options if applicable, and a determination by the contracting officer that the anticipated cost to the government will be fair and reasonable. The estimated cost of the acquisition is $430,000. The cost is fair and reasonable to the Government based on previous Government contract pricing of similar systems. There is currently no other source from which this product can be acquired.

8. A description of the market research conducted and the results or the reason market research was not conducted. Market research was performed to elucidate the capabilities of any commercial maskless aligner system. The market research included discussions with other researchers in the semiconductor community as well as internet searches. An RFI was then issued and Heidelberg Instruments was the only response.

9. Any other facts supporting the use of sole source. The market research supports the fact that the system from Heidelberg Instruments is the only tool that meets or exceeds the required specifications.

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition. Heidelberg Instruments, Inc. was the only offeror to respond to the RFI. Based on the information provided by Heidelberg Instruments, the Government assessed that the offeror was “capable of meeting or exceeding above requirements and recommends MLA150 with 375 nm and 405 nm diode lasers.”

11. A statement of any actions the agency will take to remove or overcome any future barriers to competition before any subsequent acquisition for the supplies or services required. The purchase of a maskless aligner photolithography system should be considered a one-time purchase with a tool lifetime exceeding a decade. If a similar procurement is needed in the future, market research will be performed to determine the commercial availability of such a tool at that point in time.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/05.htm#P56_9651 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/05.htm#P67_10794