NB305000-26-00006 JOFOC XCT Microscope FINAL_Redacted.pdf

Justification for Other than Full and Open Competition Purchase Request: NB305000-26-00006

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

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

Noncompetitive purchase of an X-ray Computed Tomography (XCT) microscope (a commercial product). NIST intends to issue a sole source purchase order to Carl Zeiss Microscopy (“Zeiss”) (UEI: H41JAKKNEXY), located at One North Broadway, White Plains, NY 10601-2310

3. Description of the supplies or services required to meet the agency’s needs

(including the estimated value).

The NIST’s Physical Measurements Laboratory’s (PML) Precision Imaging Facility requires a XCT microscope system to perform characterization of metals, semiconductors, and insulators in support of material processing research.

NIST anticipates delivery within six months followed by two months for installation and inspection to take place. The product’s commercial warranty is one year from acceptance. The award will include three one-year option periods for extended warranty. The estimated value of this requirement is $2,230,000, inclusive of options.

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

41 U.S.C. 3304(a)(1) (the product is available from only one responsible source and no other product will satisfy the acquisition needs) and 41 U.S.C 1901(a)(2) (the acquisition will be greater than the simplified acquisition threshold but not greater than $5,000,000, and, based on the nature of the product needed and on market research, it is reasonably expected that a commercial product will be quoted by Zeis; see also RFO 12.102(b) (prescribing use of RFO 12.201-1 “Simplified Procedures” for this situation).

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

Zeiss is the only source that NIST has identified as being capable of producing a commercial product and related warranty services that meet PML’s minimum requirements due to requirements for continuity of research and compatibility of equipment and existing data.

This acquisition will replace a no-longer-serviceable Zeiss Versa XRM 500 microscope, owned and operated by PML, that has been in use over the past decade for several on-going NIST, Other Agency, and CHIPS Act research projects.

ThE current Zeis instrument operates using proprietary software which includes a proprietary method for collecting and reconstructing data. NIST requires that all data collected on a new instrument be compatible with data collected and analyzed by the software on the Zeis Versa XRM 500 so that research projects may continue with scientific accuracy and integrity. Zeiss is the only source that can guarantee data interoperability between the required new Zeiss Versa XRM 730 and PML’s older Zeiss Versa XRM 500. Zeiss confirmed in writing that its equipment and software are proprietary. Data interoperability is critical so NIST can compare data collected a decade ago to data that is collected today.

Additionally, PML intends to re-use hardware related to the current Zeis Versa XRM 500 on future research projects. While the current Versa XRM 500 has been deemed as past its useful life, some mechanical testing hardware that PML has been utilizing for more than five years remains usable. Current projects and programs (especially those funded by the CHIPS Act) require that PML uses identical mechanical testing hardware between a new microscope and the legacy Zeis Versa XRM 500 microscope. Zeiss is the only source that can guarantee that the hardware installed on the Zeis Versa XRM 500 will be compatible with a new/updated system, due to the proprietary nature of Zeiss products.

Further, NIST scientific and programmatic priorities require a microscope system which can provide data to current and future artificial intelligence (AI) and machine learning (ML) applications. These applications require a high pixel count camera with the ability to change the magnification of the sample projected onto the camera.

Most sources use geometric magnification to solve this, but the Zeiss Versa 730 has a proprietary lens-based magnification system which, along with stage translation, allows for continuous magnification adjustment over several magnification ranges while other commercial products are limited to simple geometric magnification. Zeiss is the only source that can provide a 60-megapixel camera with near-continuous magnification adjustment that does not rely solely on geometric factors. PML requires the combination of the ultra-high-resolution camera along with the ability to change magnification in order to feed data into ML/AI models, noting that AI Innovation is one of NIST’s critical and emerging technologies.

Zeiss does not authorize resellers for its products and related services. Therefore, only a Zeiss Versa 730 XCT microscope system has been identified as being able to meet NIST’s needs.

6. A description of the 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.

The Contract Specialist posted a notice of intent to negotiate on a sole source basis with Zeiss for a XCT microscope system was issued via the official Government Point of Entry, Contracting Opportunities at www.sam.gov, on May 27, 2026 for fifteen or more calendar days per RFO Part 5. The notice number was NIST-NOI-26-305-00006 and the response deadline was June 11, 2026. No responses were received, supporting the NIST’s previous market research which identified Zeiss as the only capable source.

The Contract Specialist also posted a combined sources sought notice and notice of intent to negotiate on a sole source basis via Contracting Opportunities on August 3, 2026. The notice number was NIST-AMD-NOISSN-26-30500006 and the response deadline was August 18, 2026. Two responses were received; one response from Productivity Quality, Inc. and one from Tescan. The responses, which included technical specifications of the respondent’s XCT microscope systems, were reviewed by the PML on August 20, 2026. PML determined that the microscope systems described in the responses do not meet its minimum technical requirements.

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

The Contracting Officer will only award a purchase order if they determine the price to be fair and reasonable at the time of award. They will rely on the independent Government cost estimate, reasonably available commercial pricing information, and their professional judgment in making that determination. The contracting officer anticipates that the cost to the Government will be fair and reasonable.

8. A description of the market research conducted (see part 10), and the results or statement of the reason market research was not conducted.

XCT systems are a specialized tool in the semiconductor industry used to non-destructively image materials and devices in three dimensions using X-ray tomography.

Initial program office market research included consideration of five potential sources known to the local research community for capabilities with XCT. These five sources include Bruker, Rigaku, Sigray, X-ris, and Zeiss.

Bruker produces a benchtop micro-XCT system (X4 POSEIDON) but its specifications note that the maximum voxel resolution is 2 m while NIST requires a maximum voxel resolution better than 50 nm. Bruker does produce an XCT instrument with better resolution (SKYSCAN 2214 CMOS), but it is designed for life sciences and biology applications and does not have appropriate X-ray energy to penetrate higher density semiconductor materials. Additionally, Bruker does not offer a diffraction contrast tomography imaging mode (either at time of sale or via field upgrade), which is a requirement for NIST.

Rigaku produces a micro-XCT system; however, its specifications indicate that the maximum voxel resolution is 2.1 m while NIST requires a maximum voxel resolution better than 50 nm. Rigaku does produce an XCT instrument with better resolution, but it is designed for life sciences and biology applications and does not have appropriate X-ray energy to penetrate higher density semiconductor materials. Additionally, Rigaku does not offer a diffraction contrast tomography imaging mode (either at time of sale or via field upgrade), which is a requirement for NIST.

Sigray produces a micro XCT system but the largest detector Sigray offers is 27 megapixels which is less than the 60 megapixels the government requires. Additionally, Sigray does not offer the diffraction contrast tomography imaging mode (either at time of sale or via field upgrade), which is a requirement for NIST.

X-ris produces several XCT systems but generally focuses on industrial (large scale) XCT systems. Specifically, X-ris does not produce an XCT system that meets NIST’s resolution needs of 60 MP. Additionally, X-ris does not offer a diffraction contrast tomography imaging mode (either at time of sale or via field upgrade), which is a requirement for NIST.

Following the initial PML market research, the Contract Specialist posted a sources sought notice for XCT microscopes with capabilities relevant to NISTs general research requirements on www.sam.gov on January 6, 2026. NIST’s intent with the sources sought notice was to understand the current XCT microscope marketplace. The response deadline was January 27, 2026. Seven responses were received. The responding sources were NeoScan, Shiraa Al-Abhar, Sigrya, Tescan, X-ris, and Zeiss.

The responses were carefully reviewed and it was determined that only Zeiss is capable of addressing the Government’s requirements. NeoScan only produces benchtop-style XCT instruments with a maximum rotation diameter of 100 mm. This size limitation does not meet NIST’s requirements. Additionally, NeoScan has a maximum detector resolution of 7 megapixels, which does not meet NIST’s requirements. Shiraa Al-Abhar does not appear to produce XCT systems based on its response. Sigray, as noted above, does not sell an instrument meeting NIST’s requirements. Tescan sells a XCT instrument with a detector size up to 50.2 megapixels but NIST requires greater than 60 megapixels. Additionally, there is no guarantee that NIST’s existing project and programmatic data could appropriately be analyzed with Tescan’s software. Lastly, Tescan cannot meet the requirement of diffraction contrast tomography, as it is exclusively licensed to another source. The resolution available from X-ris is not sufficient for the materials and semiconductor research that NIST will perform; the maximum stated resolution of X-ris systems is 48 m, which is very far from meeting NIST’s programmatic requirements.

Following the sources sought notice, NIST’s anticipated specific research requirements were refined and compared to the review findings from the sources sought notice findings. The Zeiss microscope exceeds all general requirements and is the only microscope which meets refined anticipated specific future research requirements related to optical systems magnification (60 megapixel detector resolution). A new Zeiss system will also be fully compatible with the software and hardware in NIST’s current Zeiss Xradia Versa 500, a compatibility guarantee which no other vendor can provide.

To ensure that adequate market research was performed, a combined sources sought notice and notice of intent to negotiate on a sole source basis was posted with the final requirements. Review of the two responses received support the argument that only Zeis can meet NIST’s minimum technical requirements.

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

The required product is manufactured in the United States of America.

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

No capable sources have expressed an interest in the acquisition in writing other than, Zeiss.

11. A statement of the action, if any, the agency make / take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

The Acquisition Management Division will closely scrutinize any requirements for subsequent acquisitions of this type or requirement and will ensure that any restrictions to competition are adequately documented and supported before proceeding. NIST will continue to conduct market research throughout the acquisition process to monitor if other sources can eventually meet the requisite technical needs.

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.

Approved by: