FormFactor Sole Source Signed.pdf

Justification for Other than Full and Open Competition

Certifications and Approvals

Authority Cited: 41 U.S.C. 253(c) (1) and FAR 6.302-1 (a) (2) (i) “Only one responsible source and no other supplies or services will satisfy agency requirements.”

1. Contracting Agency: Headquarters, Federal Communications Commission, Office of Managing Director, Administrative Operations, Contracts and Purchasing Center, 455 12th Street, SW, Washington, D.C. 20554. In accordance with Federal Acquisition Regulations 6.302-1, the following Justification and Approval (J&A) is submitted for other than full and open competition, which is based on “Only one responsible source and no other supplies or services will satisfy agency requirements.”

2. Description of Action: Based on the approval of this J&A, a sole source purchase order-contract will be awarded to FormFactor Beaverton, Inc.

Description of Supplies/Services: The awarded purchase order-contract will provide for the purchase of FormFactor Beaverton 130377 (PM8M) mmW/THz Vibration Isolating Table/Station to be used for c5G/mmW device compliance testing at the FCC Commission’s OET Laboratory in Columbia, MD.

3. Statutory Authority Cited: 41 U.S.C. 253(c) (1) and FAR 6.302-1 (a) (2) (i) “Only one responsible source and no other supplies or services will satisfy agency requirements.”

4. Reason For Use of Cited Authority: Use of the authority in paragraph 3 is appropriate when it is necessary to award the contract to a particular source when there is a reasonable basis to conclude that the agency’s minimum needs can only be satisfied by

(1) Unique supplies or services available from only one source or only one supplier with unique capabilities.

5. Efforts to Obtain Competition: FormFactor Beaverton, Inc. is the original equipment manufacturer of the vibration isolating, precision micro positioner, mmW/THz test table-station covered by this justification. As such, FormFactor retains proprietary knowledge of the Station and its associated accessory options necessary for procuring to this equipment. This specialized test station must be provided by the original manufacturer, FormFactor Beaverton, Inc.

6. Fair and Reasonable Cost Basis: FormFactor Beaverton, Inc., offers quoted best prices that reflect discounts granted in accordance with the GSA Federal Supply Schedule Terms and Conditions. GSA Contract Number 66598; DUNS 107964397. The repair quote number CPQ-7673 dated 26-May-2020

7. Market Survey: Based on the unique nature and design of the vibration isolating, precision micro positioner, mmW/THz test table-station, and the precision 5G/mmW/THz compliance measurements performed at the FCC Laboratory, only the aforementioned item can be purchased from FormFactor Beaverton, Inc.

8. FormFactor Beaverton is the “only . . . responsible source and no other supplies or services will satisfy the agency requirements.”

Authority Cited: 41 U.S.C. 253(c) (1) and FAR 6.302-1 (a) (2) (i) “Only one responsible source and no

9. Other Factors: This procurement action is required to ensure the Commission’s EMC measurement system used for digital emissions testing, and other similar transmitter testing for compliance with the Commission’s technical requirements.

10. Sources Expressing Interest: None.

11. Actions Taken to Mitigate Additional Non-Competitive Buys: None; the unique nature of this requirement can only be satisfied through a non-competitive procurement.

Technical/Program Office Certification pursuant to FAR 6.303-2 (12) (b):

I hereby certify that the information in this J&A is accurate and complete to support other than full and open competition.

Ronald E. Williams June 2, 2020_ Ronald Williams, Chief Date Laboratory Division, Office of Engineering and Technology

Contracting Officer Certification pursuant to FAR 6.304 (a) (1):

I hereby certify that the information in this J&A is accurate and complete to the best of the contracting officer’s knowledge and belief.

Contracting Officer Date

Competition Advocate Certification pursuant to FAR 6.304 (a) (2):

I hereby approve / disapproved the procurement of the services described above.

SIGNATURE NOT APPLICABLE FOR THIS PROCUREMENT

(Vacant/To Be Determined) Date

Head of the Procuring Activity Certification pursuant to FAR 6.304 (a) (3):

I hereby approve / disapproved the procurement of the services described above.

SIGNATURE NOT APPLICABLE FOR THIS PROCUREMENT

Authority Cited: 41 U.S.C. 253(c) (1) and FAR 6.302-1 (a) (2) (i) “Only one responsible source and no

Mary K Mitchell/ Date Acting Associate Managing Director, Administrative Operations

Senior Procurement Executive Certification pursuant to FAR 6.304 (a) (4):

I hereby approve / disapproved the procurement of the services described above.

SIGNATURE NOT APPLICABLE FOR THIS PROCUREMENT

Date Managing Director