21Q0053_Non Comp Redacted.pdf

SWIP Tracking No. SGXV216603

DON SAP Guide Enclosure (3) 1

MEMORANDUM TO THE FILE

Subj: USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN ACQUISITION

UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

IDENTIFICATION OF SOURCE:

Santana Solutions and Innovations LLC Buda, TX, Cage Code 8SS17

I. BACKGROUND:

1. FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contracting Officers may solicit from one source if the Contracting Officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

2. As required by FAR 13.106-3(b)(3)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

This contract would be for a service agreement to support our Scanning Optical microscope (SemiCaps SOM 1100) installed at This service agreement would be a yearly contract that would require Santana Solutions and Innovations LLC to provide 2 routine Preventative Maintenance visits per year to keep all the optics aligned and working properly and also to fix any hardware/software that failed on the Scanning Optical Microscope during yearly use.

1 Base year with 1 option. Total cost:

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

A. __X_ ONLY ONE RESPONSIBLE SOURCE (select all that apply):

DON SAP Guide Enclosure (3) 2

1. ___ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

2. ___ EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

3. _X__ OTHER REASONS. The software and hardware configurations of the Scanning Optical Microscope are proprietary and there is only one service vendor with the in depth knowledge to be able to fix the microscope when it breaks. The OEM for the Microscope is SemiCaps and they only recognize Santana Solutions and Innovations LLC who they grant the proprietary information to so they can service these tools. These tools can’t be properly serviced without detailed design information about the tool. If the SOM 1100 is damaged and service agreement is not in place, we will have excessive downtime. The SOM 1100 is used 5 days a week for 8 hours a day to support the customer’s needs.

The SOM 1100 is used regularly to perform Failure Analysis on microelectronic devices to support customers within . Not having the system operational would severely impact our ability to find the root cause of failure for our customer, which would impact their schedule.

Due to the sensitivity of the components this work needs to be done in a government facility so contracting out this work is not feasible. To purchase another tool would cost around and would take 10-12 months for delivery. If we had to go with a different procurement route, the schedule would be impacted because of the procurement time, delivery, training, and any testing that we may need to do before we can use the equipment. We would be without the equipment for that time period which would add stress to our customer.

B. ___ BRAND NAME. Item required must be a brand name product, or feature of a product, particular to one manufacturer.

C. ___UNUSUAL AND COMPELLING URGENCY. The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals.

Urgent requirements are supplies or services that will result in a work stoppage, or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

DON SAP Guide Enclosure (3) 3

1. Date on which the requirement was first identified:

2. Required delivery date/period of performance:

3. Explanation of why delivery/commencement of services by the date mentioned above is required:

4. If appropriate, include any additional pertinent information.

IV. CERTIFICATIONS/APPROVALS:

A. Technical / Requirements Certification: I certify that the facts and representation under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.

Signature Name (Printed) / Phone # Date

B. Certification/Approval.

Upon the basis of the above statements and information justification, I hereby approve, as the Contracting Officer, the solicitation of the proposed procurement(s) using other than full and open competition.

Contracting Officer Signature Name (Printed) / Phone # Date

Aimee Craven/8781

WESSEL.DANIEL

E.M.1370221568

Digitally signed by

WESSEL.DANIELE.M.1370221568

Date: 2021.01.11 08:06:06 -05'00'