J&A_ICP-RIE_Redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL RESEARCH LABORATORY

4555 OVERLOOK AVE SW

WASHINGTON, DC 20375-5320

Purchase Request No.: 56-9204-19 J&A No.: J&A13.501-19-KN03

Estimated Cost: $589,732.00

Justification for Other than Full and Open Competition Under Simplified Procedures For Certain Commercial Items In Accordance With Federal Acquisition Regulation (FAR) 13.5

On the basis of the following, I, as the Contracting Officer, 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 Oxford Instruments America, Inc., under simplifiedprocedures 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.

This Justification and Approval (J&A) authorizes and approves the procurement of the Inductively Coupled Plasma (ICP) Reactive Ion Etching (RIE) Tool. The Tool must be capable of dry etching a wide variety of materials including chalcogenide and silicate glasses. It must be computer controlled via menu‐driven software and be user friendly. The Tool is to be installed in building 216 at a specific location to be designated by the Contracting Officer's Representative (COR). The resulting contract will be Firm Fixed Price award in the amount of $589,732.00 to Oxford Instruments America, Inc.

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.

The ICP-RIE Tool is required to be capable of etching thin films of novel, non-standard optical materials including arsenic sulfide glass, arsenic selenide glass, and gallium lanthanum sulfide glass.

The system comprises a vacuum chamber and the associated pumps, a load lock, electrodes, two RF sources (an RIE source used to generate a plasma and an ICP source that is used to control the plasma), control electronics, and a computer.

This is a commercial item with an estimated dollar of $589,732.

4. The statutory authority permitting sole source.

The authority for permitting other than full and open competition is 41 U.S.C. 1901(e)(2), implemented by FAR 13.501(a).

☒ 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.

ICP RIE Tool Purchase Request No.: 56-9204-19

Several unique features are required for this system:

1. The capability to process across a large temperature range, -150C to +400C.

2. The capability to process samples that are up to 10 mm thick

3. The tested capability to etch NRL-produced films including arsenic sulfide, arsenic selenide, and gallium lanthanum sulfide.

The specific tool is only manufactured by Oxford Instruments America, Inc. They were able to test their ICP-RIE system on NRL-deposited films of arsenic sulfide glass, arsenic selenide glass, and gallium lanthanum sulfide glass. They produced a report for NRL proving that their system works for these materials. Other manufacturers were asked if they would be willing to do similar tests but responded that they could not do so due to concerns with material toxicity or contamination.

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.

This is a sole source action. Similar products are on the market with a basically functional system, but none meets the government specification concerning uniformity, temperature range, and etching NRL-produced films. Most significantly, the other vendors’ systems have not been tested on NRL-deposited films of arsenic sulfide glass, arsenic selenide glass, and gallium lanthanum sulfide glass.

An Intent to Sole Source with specifications will be posted to FedBizOpps for fourteen days whereby all interested companies will be able to respond to this requirement, on condition that their systems have been already tested on NRL-deposited films of arsenic sulfide glass, arsenic selenide glass, and gallium lanthanum sulfide glass.

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 anticipated cost to the government for the ICP RIE Tool is $589,732.00. The Contracting Officer will determine through cost or price analysis that the anticipated cost to the Government for this equipment will be fair and reasonable. Additionally, commercial pricelists are available and will be the basis of determining fair and reasonableness.

8. A description of the market research conducted and the results or the reason market research was not conducted.

Market research was conducted to determine if sources are available and capable in meeting the Government’s requirement. Market research indicated that only one vendor, Oxford Instruments America, Inc., can meet the Government’s requirement. The ICP RIE Tool is offered and sold to the public by Oxford Instruments America, Inc. through their website.

9. Any other facts supporting the use of sole source.

Oxford Instruments America, Inc. is the only company that met all the Government’s specifications for the required ICP RIE Tool with the unique features as described in Section 5.

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

When conducting market research, NRL contacted Plasma-Therm and SPTS/Orbotech. Plasma-Therm proposed one of their standard systems that meets some, but not all, of NRL’s requirements described in section 5 above. It does not process the full temperature range, only processes samples as thick as 7 mm, and could not be tested on NRL films of relevant materials. SPTS/Orbotech’s system did not meet the full temperature range, process samples as thick as 10 mm, or be tested on NRL-deposited films of relevant materials. ULVAC Technologies, Inc. responded to the Request for Information (RFI), which was posted to FedBizOpps on 11 April 2019. The ULVAC system did not meet all of NRL’s requirements, and has not been tested on chalcogenide glass films such as arsenic sulfide either.

Market research did not yield any other possible sources. As such, no other known sources are available that can provide a system with the required capabilities, other than Oxford Instruments America, Inc.

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.

NRL has no plans at this time to procure or compete future contracts for the type of equipment covered by this document. If another potential source emerges or new technology is developed which can advance future research, NRL will assess whether competition for future requirements is feasible.

CERTIFICATION AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance, which are included in this Justification and its supporting acquisition planning documents, except as noted herein, are complete and accurate to the best of my knowledge and belief.

202-767-9519 Jesse Frantz, Technical Manager, Code 5623 Date Telephone No.

LEGAL SUFFICIENCY REVIEW

I have determined that this Justification is legally sufficient.

Legal Counsel, Code 1008 Name:

Date Telephone No.

CONTRACTING OFFICER CERTIFICATION

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

202-767-3782 Kristopher Ramsey, Contracting Officer, Code 3220 Date Telephone No.

8/5/2019