Redacted_J&A_Redacted.pdf

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

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 EDAX NEPTUNE and EDS X-Ray Spectroscopy tools and associated components as described in PWS paragraph 3.3.1.3 and attached estimates CM1831-3 and CM1957-3. Estimated cost for the service including one (1) base year and four (4) option years ) is which includes all labor, material, traveling and lodging expenses.

4. Authority Ci,ted:

This document constitutes justification and approval for other than full and open competition for the acquisition described herein, under the authority of FAR 13.106-1(b), Soliciting from a single source. 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 EDAX NEPTUNE and EDS X-Ray Spectroscopy tools that uses has been designed and configured by EDAX. Only EDAX has the knowledge and understanding of how the tool is configured and they are the only ones that are qualified to service the tool. 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 EDAX System was purchased new under full and open competition in September 2014 under contract and the original warranty period expires 10 March 2018. A notice shall be published on FedBizOps and any proposal received shall be considered.

7. s Fair and Reasonable Cost Determination:

As stated in FAR 13.106-3(a), before making award, the contracting officer must determine that the proposed price is fair and reasonable. The contracting officer will perform price analysis on quote in accordance with FAR 13.106-3(a)(2).

Typed Name: Matthew B. Duane Date:_______________

Title: Contracting Officer Signature:__________________

8. 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:

EDAX does not certify third party service

Manufacturers of similar specialized imaging tools, like Checkpoint Technologies and Carl Zeiss, do not allow third parties to maintain their equipment.

9. Other Facts: Per Far Part 6.303-2(b (9) Any other facts supporting the use of other than full and open competition, such as: Explanation of why technical data packages, specifications, engineering descriptions, statements of work, or purchase descriptions suitable for full and open competition have not been developed or are not available.

10. Listing of Sources:

EDAX, Inc.

91 McKee Drive, Mahwah, NJ 07430 Christine Meehan 201-529-6121 Christine.meehan@ametek.com www.edax.com

11. Actions to Increase Competition: No second source exists for this system.

12. 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.

Title: Electronics Engineer

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),), that a sole source justification under FAR subpart 13.5 were used in accordance with 41 U.S.C. 1901 or the authority of 41 U.S.C. 1903 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.

ROBYNN L. HAGAN MATTHEW B. DUANE

Contract Specialist Contracting Officer