SEM - Sole Source JA_Redacted.pdf

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

CONTROLLED UNCLASSIFIED INFORMATION

April 2021 CONTROLLED UNCLASSIFIED INFORMATION Page 1 of 3

NOTE: If a Justification was approved for the preceding acquisition, a copy of the approved Justification for the predecessor action must be included in the staff package for approval of the instant Justification. This applies to Justification staff packages that are submitted for review and approval at a level above the contracting officer. The predecessor Justification will be used as a reference document by the approving official.

Is this a new or amended J&A Document? New Amended ( Prior to Award Only! )

Is this a Bridge Action as defined in the AF Bridge Action Reduction Plan? Yes No

Funding level for this acquisition:

Contracting Activity: AFRL/RIKO

Purchase Request / Local ID Number: FA875122R0012

Program / Project (and PE, if applicable): Scanning Electron Microscope (SEM)

Program Type (PEO or Other Contracting): Other Contracting

Authority: AFFARS 5313.501 - 10 U.S.C. 2302b, Implementation of Simplified Acquisition Procedures (41 U.S.C. 1901)

AFFARS 5313.501 - 10 U.S.C. 2304a, Special Emergency Procurement Authority (41 U.S.C. 1903)

Estimated Contract Cost (including options): Justification Type: Class Individual

COORDINATION ( AFFARS 5306.304(a))

Date

07 Apr 2022

Signature

19 May 2022

02 Jun 2022

APPROVAL (AFFARS 5306.304(a) )

07 Jun 2022

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

April 2021 CONTROLLED UNCLASSIFIED INFORMATION Page 2 of 3

I. Contracting Activity.

Department of the Air Force, Air Force Material Command, AFRL - Rome Research Site

AFRL/RIKO

26 Electronic Parkway Rome, NY 13441-4514

II. Nature and/or description of the action being processed.

This action is a new firm-fixed price contract for the procurement of a Scanning Electron Microscope (SEM), with associated software and training.

The Government intends to negotiate a sole source contract with: Carl Zeiss Microscopy, LLC, 1 North Broadway, White Plains, NY 10601.

III. Description of supplies/services required to meet agency needs.

The Government requires a Scanning Electron Microscope, with sub-nanometer imaging of integrated quantum circuit technology on ESD sensitive devices that are highly charging. The system needs to contain systems for material, depth, and surface analysis and must be capable of extremely low accelerating voltages such that no charging occurs on the samples. The samples in most cases will not be covered in conductive films. The samples will be ESD sensitive, and therefore the sample holding stage cannot have a voltage applied to it to decelerate the incoming electrons. The system should include variable pressure imaging of the samples. The system needs a load lock.

The estimated value of this requirement is

IV. Statutory authority permitting other than full and open competition.

10 USC 2304(c)(1), Only one responsible source and no other supplies will satisfy the agency requirements.

V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above (applicability of authority).

Zeiss is an extremely qualified manufacturer of scanning electron microscopes. The Gemini SEMs are meant for and give the highest resolution imaging with the lowest accelerating voltage to minimize charging. The Gemini model decelerates the electrons in the column instead of adding a voltage across the sample and stage. This allows the SEM to image ESD and voltage sensitive samples. To the best of the Government's knowledge, it is the best qualified system for our unique set of samples.

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

A Pre-Solicitation Notice outlining the Government's intent to make a sole source award to Zeiss was posted to the BetaSAM.gov website 25 APR - 10 MAY 2022. No responses to this notice were received to give an indication that a company other than Zeiss could fulfill the Government's requirement.

VII. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

Costs will be determined fair and reasonable in accordance with FAR 13.106-3(a)(2)(iii) Current Price Lists and FAR 13.106-3(a)(2)(ii) Comparison of proposed price with prices found fair and reasonable on previous purchases of the same or similar items in the same industry.

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

April 2021 CONTROLLED UNCLASSIFIED INFORMATION Page 3 of 3

VIII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

Market research has been conducted, collaborators at were all contacted about their experience with SEMs and what they would recommend. The responses were racked for technical specifications against our needs, cost effectiveness, longevity, maintenance costs, and responsiveness of servicing. After weighing these options no other companies provided written documentation stating that they could meet our samples imaging specifications.

A Notice of Contract Action posted on BetaSAM.gov 25-APR - 10 MAY 2022 returned no results that would indicate a source other than Zeiss could fulfill the requirement.

IX. Any other facts supporting the use of Other Than Full and Open Competition.

None.

X. List of any sources that expressed, in writing, an interest in the acquisition.

Carl Zeiss Microscopy, LLC

XI. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before making subsequent acquisitions for the supplies or services required.

In the future, other manufacturers that can meet the required specifications will be considered.

XII. Certification by the Contracting Officer.

As evidenced by my signature above, I have determined this document to be both accurate and complete to the best of my knowledge and belief.

XIII. Certification by the technical/requirements personnel.

As evidenced by my (our) signature(s) above, I (we) certify that any supporting data contained herein, which is my (our) responsibility, is both accurate and complete.