JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Purchase Request No. NB305000-24-01014

1. Identification of the agency and the contracting activity:

U.S. Department of Commerce, National Institute of Standards and Technology (NIST), Office of Acquisition and Agreements Management, Acquisition Management Division

(AMD)

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

Noncompetitive purchase of a commercial laboratory instruments.

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

The NIST Material Measurement Laboratory, Material Measurement Science Division, Synchrotron Science Group (SSG) has a requirement for two new detectors at NIST’s Beamline for Materials Measurement (BMM) facility at the Brookhaven National Laboratory.

One is a strip detector for high-resolution X-ray diffraction project. The other is a large-area, photo-counting X-ray detector.

The X-ray diffraction project involves an existing NIST Synchrotron beamline at the National Synchrotron Light Source II (NSLS-II) which is at Brookhaven National Laboratory, one of the laboratories run by the Department of Energy's Office of Science via an existing Cooperative Research & Development Agreement with IBM. The purpose of the X-ray diffraction project is to improve the X-ray Absorption Spectroscopy measurement capabilities for state-of-the-art semiconductor samples. This involves working directly with IBM researchers stationed at NIST’s BMM facility and other researchers studying materials for information technology.

The required detectors will substantially increase sample throughput and measurement sensitivity, driving the ability to probe semiconductor device interfaces, a broader set of element/matrix combinations, and nanoscale structures in device stacks. The estimated value of this acquisition is $760,000.

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 the use of the authority cited:

The SSG, in coordination with the CHIPS Research and Development Program Office, intends to use the detectors to substantially increase sample throughput and measurement sensitivity, driving the ability to probe semiconductor device interfaces, a broader set of element/matrix combinations, and nanoscale structures in device stacks.

These enhanced capabilities will become broadly available to the U.S. semiconductor industry by allocation of beam time at the BMM facility via NIST’s Partner User Agreement with NSLS-II Department of Energy. This broad and rapid accessibility of the new x-ray beamline metrology will directly enhance innovation and competitiveness in the U.S.

semiconductor industry.

The nature of this acquisition requires the detectors to meet the following minimum specifications:

(1) Photon-counting pixel detectors with sensitivity of 6 decades of dynamic range measured as photons per second per pixel and noise of a photon counting detector with a one-pixel point spread function providing a noise floor consistent with the specified sensitivity. The high-resolution strip detector shall have a single pixel point-spread function and with single photon counting with count rate exceeding 105 photons/sec/pixel. The large-area, photon-counting X-ray detector shall have a single pixel point-spread function with single photon counting with count rate exceeding 106 photons/sec/pixel.

(2) Detectors energy discrimination in the form of detection thresholds per the following:

The high-resolution strip detector shall have a 4.5 keV to 40 keV threshold range. The large-area, photon-counting X-ray detector shall have a threshold range of 3.5 keV to 30 keV with at least 2 threshold settings. These ranges are required to further reduce measurement noise by rejecting photons outside the energy band of the measurement.

Market research results indicate that Dectris AG is the only source capable of providing detectors that meet all required specifications.

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 addition to the sources sought notice detailed in Section 8 below, the Contracting Officer (CO) published a Notice of Intent to award a sole source contract to Dectris AG on SAM.gov.

The notice was posted on May 29, 2024, with a response date of June 12, 2024. The notice stated that all responsible sources interested may identify their interest and capability. The CO received no responses by the closing date.

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

The CO will perform price analysis and will only award the purchase order if they determine the price to be fair and reasonable. The CO 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 (see part 10) and the results or a statement of the reason market research was not conducted:

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

a. From August 2023 through May 2024, a representative from the SSG conducted research through internet searches, GSA Advantage search, reviewing company websites, and discussions with potential vendors. This market research allowed the SSG representative to contact various detector vendors to inquire about their product capabilities. Through those meetings, the SSG representative determined that only Dectris AG can provide a commercial product that meets SSG’s requirements.

b. The CO posted a sources sought notice (NIST-SS24-CHIPS-0046) to SAM.gov on April

19, 2024, with a closing date of May 3, 2024. The CO received no responses.

c. The CO sent a request for information (RFI) email on April 19, 2024, to vendors that they identified in SBA’s Small Business Dynamic Search, with a required response date of May 3, 2024. The CO received no responses.

d. NIST staff performed Internet searches and spoke with NIST colleagues that have purchased similar products in attempts to identify if there were any suppliers of commercially available instruments. Among the potential sources identified, SSG staff found that only Dectris AG offers a commercial product that can meet SSG’s requirements.

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

The SSG personnel has verified that the requirement, as stated in the specification, represents SSG staff’s minimum requirement.

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

None

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 supplies or services required:

The AMD will closely scrutinize any requirements for subsequent acquisitions of this type of requirement and will ensure that any restrictions to competition are adequately supported and documented before conducting such an acquisition.

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.

Contracting Officer:

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