Sole Source Justification ZEISS PR00075 Redacted.pdf

OPOAM 3013.501(a)(1)(ii) Sole Source Justification (SSJ)

Test Program for Certain Commercial items for procurements exceeding the Simplified Acquisition Threshold (SAT) pursuant to FAR Subpart 13.5, including Brand Name Template

Sole Source Justification for Simplified Acquisitions under the Test Program for Certain Commercial Items for acquisitions exceeding the SAT including brand name for use when applicable. Rev. 1/30/2018 SSJ No.: FY20-00115 1

SSJ No.: FY20-00115

Date: __April 30, 2020_____ PR Number:

Pursuant to the requirements under the authority of the test program for commercial items at 41 U.S.C. 1901 or the authority of 41 U.S.C. 1903 Special emergency authority as implemented by Federal Acquisition Regulation (FAR) Subpart 13.5 and consistent with the content requirements of FAR 6.303-2.

1. Agency and Contracting Activity. Identification of the agency and the contracting activity, and specific identification of the document as a “sole source justification.”

The Department of Homeland Security, Science and Technology Directorate, Office of Procurement Operations, proposes to award a new purchase order for the acquisition of a Zeiss LSM 800 MAT Laser Scanning Confocal Microscope (i.e., optical profilometer). This document is a sole source justification pursuant to FAR 6.302-1 as Zeiss is the only one responsible source and no other supplies or services will satisfy the agency requirements.

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

An optical profilometer is a non-contact method of measuring the surface profile and quantifying its roughness which is critical for sample preparation. The acquisition of a Zeiss LSM 800 MAT Laser Scanning Confocal Microscope from Carl Zeiss Microscopy LLC (the only US distributor) will allow the Trace Laboratory to measure the roughness and characterize the topography of various substrates and materials and will be valuable to the quality control process and providing accurate materials used in the testing process. The information gathered from this instrument will improve the validity of a test and evaluation event and ensuring consistent and fair testing is provided to all technology developers. The capabilities, software and features of the Zeiss LSM 800 MAT Laser Scanning Confocal Microscope (i.e., optical profilometer) are unique and require the purchase of the identified instrument instead of being available through full and open competition.

3. Description of Supplies/Services. Describe the supplies or services to be acquired. Provide the estimated total value.

The DHS intends on procuring, on a one-time-purchase without option, equipment, parts, software and accessories for the Zeiss LSM 800 MAT Laser Scanning Confocal Microscope and the Independent Government Cost Estimate is approximately

4. Identification of the authority.

http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/

Test Program for Certain Commercial items for procurements exceeding the Simplified Acquisition Threshold (SAT) pursuant to FAR Subpart 13.5, including Brand Name Template

Sole Source Justification for Simplified Acquisitions under the Test Program for Certain Commercial Items for acquisitions exceeding the SAT including brand name for use when applicable. Rev. 1/30/2018 SSJ No.: FY20-00115 2

This action is being taken under the authority of the Test Program for Commercial Items, 41 U.S.C. 1901 and FAR 6.302-1, which exempts an acquisition from full and open competition when only one responsible source will satisfy agency requirements.

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

A capability offered by the Zeiss LSM 800, which was not offered by competing optical profilometry instruments examined during market research, is fluorescence. If a sample is capable of fluorescing, the emitted light can greatly increase resolution and characterization possibilities. While residues of analytes of interest to the TSL are not generally amenable to this type of analysis, many of the substrates themselves readily fluoresce at the 405 nm excitation wavelength used by the LSM 800.

For example, coated aluminum test panels are sometimes utilized as a surface. When produced, the panels consist of an aluminum surface with layer of adhesive between it and the surface coating. The surface coating is removed prior to use and any organic component (i.e., the adhesive) will respond differently than the metal when examined via the fluorescence mode of the instrument. Due to the capabilities unique to the Zeiss LSM800 optical profilometer, a three-dimensional image map was obtained which shows not only the topography of the surface, but the characteristics of the adhesive intermediate layer and the aluminum beneath. The creation of such a map is not feasible with current TSL capabilities or with other vendor capabilities identified through market research. The surface topography data provided is critical to continue work with substrate characterization. This system also uses software that is compatible with user-customized programs and macros that can interface with both their own data processing software as well as others used at the TSL which are not available from other technology vendors.

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

A market research study was performed and two potential vendors were identified as potential sources. Technology demonstrations from two vendors, Keyence and Carl Zeiss, were requested and provided.

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

The Contracting Officer determines that the anticipated price will be fair and reasonable based on quotes received from Carl Zeiss and a comparison to the fair market prices (commercial invoices, price catalogs, quotes), the Independent Government Estimate (IGCE), and historical pricing in a manner consistent with FAR Part 13.106-3(a)(2).

Sole Source Justification for Simplified Acquisitions under the Test Program for Certain Commercial Items for acquisitions exceeding the SAT including brand name for use when applicable. Rev. 1/30/2018 SSJ No.: FY20-00115 3

8. Description of market research.

Market research was completed by attending trade shows (e.g., PittCON), searching the GSA and GSA Advantage websites and a review of current contracts as well as other internet searches using the words “Zeiss Optical Profilometry”, “optical profilometers”, and derivatives of these terms. Known suppliers of this type of equipment (e.g., Leica, Keyence, Zeiss) were also reviewed to see if they could satisfy the requirements. From market research, it was determined that Zeiss is the only manufacturer that provides optical profilometers that meet the government’s needs.

9. Any other facts supporting the justification.

A market research study was performed and technology demonstrations from two potential sources were conducted. Technology demonstrations from the Keyence and Carl Zeiss were requested and provided on April and May of 2019, respectively. Carl Zeiss and Keyence both came to the TSL and provided demonstration of their systems. While all the demoed systems provide the capability to characterize the topography of various substrates and materials, the Keyence instruments lacked fluorescence capabilities and was geared more toward high throughput quality control. The R&D nature, customizability, fluorescence capabilities and software compatibility of the Carl Zeiss instrument made it uniquely qualified for the work at hand. Further, due to the customizability of the Carl Zeiss instrument, user-written software can be written providing the system high throughput quality control capabilities when required.

On April 1, 2020, the contract specialist (CS) contacted the company to identifying original equipment manufacturers (OEMs) of those required items in this procurement and other potential sources. On April 6, 2020, Carl Zeiss Microscopy LLC informed that Zeiss company from Germany is the OEM for all Zeiss products, and Zeiss is the parent company of Carl Zeiss Microscopy LLC. Also, the company stated that Carl Zeiss Microscopy LLC is the only authorized distributor of Zeiss products in U.S.

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

Carl Zeiss Microscopy LLC (DUNS and large business) Keyence Corp of America (DUNS and large business)

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 supplies or services required. (Include a statement of actions taken or will be taken to increase competition for future acquisitions of the same item/service).

None

Sole Source Justification for Simplified Acquisitions under the Test Program for Certain Commercial Items for acquisitions exceeding the SAT including brand name for use when applicable. Rev. 1/30/2018 SSJ No.: FY20-00115 4

12. DHS intends to post the requirement pursuant to FAR 13.501(a)(1)(iii) and 6.305(a) or for brand name FAR 13.501(a)(1)(iv) and 5.102(a)(6).

13. Technical/Requirements Personnel Certification. I certify this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

Technical Representative/COR Date

14. Contracting Officer Certification and Approval*

Contracting Officer: Not exceeding $700K Date