NB305000-24-00955 JOFOC.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

PURCHASE REQUEST NO. NB305000-24-00955

1. Identification of the agency and the contracting activity.

Department of Commerce National Institute of Standards and Technology Acquisition Management Division 100 Bureau Drive, Div 141, Bldg 301, M.S. 1640 Gaithesburg, MD 20899

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

Non-competitive purchase of a customized commercial instrument used to measure the thermal conductivity of thin film and multilayer materials, inclusive of shipping, warranty, installation, and training. This purchase is in support of the CHIPS and Science Act of 2022 (CHIPS Act).

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

The NIST Physical Measurement Lab (PML) requires delivery and installation of a customized commercial instrument used to measure the thermal conductivity of thin film and multilayer materials utilizing Steady-State Thermoreflectance in Fiber (SSTR-F) thermal property measurement technology.

The estimated value of this requirement is $493,000.00.

4. An identification of the statutory authority permitting other than full and open competition.

41 U.S.C. 3304(a)(1); this statute is being implemented using simplified acquisition procedures under the authority of 41 U.S.C. 1901 for commercial products or services.

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

Laser Thermal Analysis, Inc. (Laser Thermal) is the first and only company to commercialize thermoreflectance (TR)-based instrumentation, based on their unique version of TR, Steady-State TR (SSTR). Laser Thermal’s patented and commercialized fiber-optic instrument design, SSTR-F, uniquely measures the thermal properties of thin film and multilayer materials. Their instrument is high-throughput and is capable of autofocusing and surface defect detection. Laser Thermal is uniquely capable of designing and building NIST a customized version of their commercial SSTR-F thermal property measurement instrument using modified laser wavelengths and optical components for compatibility with NIST’s gold transducers. Similar products from other manufacturers are restricted from measuring thermal conductivity and the required property of thermal conductivity, or they simply offer solutions that do not work with gold transducers. Laser Thermal is the only vendor that offers a thermoreflectance based instrument that can measure thermal conductivity, have automated focusing and alignment of the laser system (using fiber optics), and can perform tempature dependent meausurements.

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 Federal Acquisition Regulation (FAR) subpart 5.2, and, if not, which exception under

5.202 applies.

In accordance with FAR 5.203, a combined Sources Sought and Notice of Intent (NOI) was posted to SAM.gov seeking sources that could meet NIST’s requirements. The notice stated that if no alternate capable sources were identified, that NIST would enter into a noncompetitive contract with Laser Thermal for this acquisition. The notice was posted on February 14, 2024, with a response date of February 28, 2024, stating all responsible sources interested may identify their interest and capability. No responses were received.

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

The Contracting Officer will perform price analysis and will only award the purchase order if they determine the price 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 (FAR part 10) and the results or a statement of the reason market research was not conducted.

Market research was performed from September of 2023 through February of 2024, which included searches of mandatory sources, NASA SEWP, GSA Advantage, SBA Dynamic Small Business, and internet searches. Internet searches conducted directly on vendor product websites yielded no other instrumentation or vendors capable of measuring thin film and multilayer material thermal properties meeting NIST’s requirements. NIST also consulted with experts in the field and no other capable instruments or vendors were identified. No other existing commercial instrument or measurement technique can meet the requirements and no other vendor is capable of utilizing this patented technology.

A Sources Sought/Notice of Intent was posted on SAM.gov on February 14, 2024 with a closing date of February 28, 2024. Respondents were encouraged to identify any aspects of the notice or minimum specifications they would be able to meet. Suggestions from industry were sought to fulfill market research requirements and to ensure no unnecessary barriers were established by NIST with this purchase. No responses were received.

9. Any other facts supporting the use of other than full and open competition (FAR 6.302(a) (9)).

N/A

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

Laser Thermal Analysis, Inc

937 2ND ST SE

Charlottesville, Virginia 22902-6172, United States John Gaskins (john@laserthermal.com)

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 same supplies or services.

The Acquisition Management Division will closely scrutinize any requirements for subsequent acquisitions and will ensure that any restrictions to competition are adequately supported and documented. In addition, during the expected lifecycle 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.

Joshua Martin, Contracting Officer Representative, NIST

Contracting Officer:

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

Donald Collie, Contracting Officer, NIST