17-7D4_-_J&A.pdf

DMEA #17- 13

Defense Microelectronics Activity 4234 54th Street, McClellan, CA 95652

SOW/PWS #17-D4

Justification and Approval for Other Than Full and Open Competition

1. Agency and Contracting Activity: Office Of Secretary Of Defense, Defense Microelectronics Activity (DMEA).

2. Nature/Description of Action: Approval is being requested for a FFP contract for a preventative maintenance service contract using RDTE funds.

3. Description of Supplies/Services: The contractor will provide DMEA with annual preventative maintenance service, covering the Infrared Emission Microscope (IREM) associated components as described in PWS 17-7D4 paragraph 3.3.1.2. Estimated cost for the service including one (1) preventative maintenance and calibration visit per year, for the base year and four (4) option years is $217,545.00.

4. Authority Cited:

This document constitutes justification and approval for other than full and open competition for the acquisition described herein, under the authority of FAR 13.501(a)(1)(ii) Test Program for Certain Commercial Items, this document constitutes justification for other than full and open competition for the acquisition described herein, under the authority of 41 U.S.C. 1901 or 41 U.S.C. 1903.

5. Reason for Authority Cited: The IREM that MECC uses has been custom designed and configured by IRLabs and Motion X to meet the specific needs and requirements of the Semiconductor Assurance & Forensics Engineering Branch. IRLabs makes everything except for the 3-Axis stage and the associated controls and components, which are made by Motion X.

Only IR Labs has the knowledge and understanding of how the tool is configured and they are the only ones that are qualified to service the stage. Moreover, many of the components and software are proprietary, making the opportunity for another company able to provide the required service quite difficult as the Original Equipment Manufacturer (OEM) does not allow for sale of proprietary software source code or other proprietary information about the tool and its components.

6. Efforts to Obtain Competition: The notice shall be published on FedBizOps and any proposal received shall be considered.

7. Market Research: The tool manufacturer was asked if they certify any third-party entities to perform maintenance and service on their tools, to which they stated: “I do not know any other company to support the IREM positioning system. Yes, the IREM positioning system was developed by Motion X Corporation. You are also correct that the entire IREM positioning system is proprietary to Motion X Corporation.”

8. Other Facts: N/A

DMEA #17- 13

9. Listing of Sources:

IRLabs, Inc.

1808 E 17th Street Tucson, AZ 85719-6505 POC: Cathy Burnes Phone: 520-622-7074 Fax: 520-623-0765

10. Actions to Increase Competition: None

11. Technical or Requirements Certification:

I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Typed Name: Daric Matthew Guimary Date:

Title: Electronics Engineer Signature:

Project Engineers shall check appropriate box:

National Security Compromised – No posting (Rationale to PCO)

Redacted – Copy will be sent to PCO

No redaction

PCO Determination

I hereby determine that under FAR 13.106-1(b)(i), FAR 13.106-1(b)(l)(ii) and FAR 5.102(a)(6), that a sole source justification for FAR 6.302-1, Only One Responsible Source and no other supplies or services will satisfy agency requirements under the authority of 10 U.S.C 2304(c )(1) or 41 U.S.C. 3304(a)(1), is warranted to meet government needs. This determination satisfies the requirements of FAR 13.106-1(b) and FAR 13.106-3(b) (3) (i).

I hereby determine that the anticipated cost to the Government for this contract action to be fair and reasonable, and this justification is accurate and complete to the best of my knowledge.

Jarrod Washington Matthew Duane Contract Specialist Contracting Officer