JA_Final_17May18_Redacted.pdf

DMEA #18-11

Defense Microelectronics Activity

4234 54th Street, McClellan, CA 95652

PWS 18-8C9

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 new Firm Fixed Price contract for a preventative maintenance service contract using RDT&E funds.

3. Description of Supplies/Services: The contractor will provide DMEA with annual preventative maintenance service, covering the Zeiss Xradia Ultra X-Ray Microscope associated components as described in PWS 18-8C9.3. Contract duration will be one (1) base year, and four

(4) option years, for a total contract value of . Service includes preventive maintenance visits, parts and labor for repair of all system components, software updates, tool upgrades, and training sessions.

4. Authority Cited: FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements, modified under the authority of 41 U.S.C 1901, Simplified

Acquisition Procedures.

5. Reason for Authority Cited: The Zeiss Xradia Ultra X-ray Microscope that DMEA/MECC uses has been custom designed and configured by Carl Zeiss X-ray Microscopy Inc. to meet the specific needs and requirements of the

. Zeiss makes everything except for the X-Ray Source, which is made by Excillum. Only

Zeiss 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 original equipment was purchased as a sole source under other than full and open competition and awarded 30 September 2015. The warranty period expires 28 February 2018. A Request for Information (RFI)/Sources Sought with statement of work (SOW) requirements and specifications was posted on FedBizOpps.gov seek vendor competition for Preventative Maintenance of Zeiss Xradia Ultras X-Ray Microscope. No responses were received.

7. Contracting Officer’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

Zeisss quote in accordance with FAR 13.106-3(a)(2).

Title: Contracting Officer RUMER.1365565453Signature:

ou=OSD, Typed Name: Matthew B. Duane Date:

Digitally signed by

DUANE.MATTHEW.BRUMER.1365565453

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=OSD, cn=DUANE.MATTHEW.BRUMER.1365565453

Date: 2018.02.22 15:24:14 -08'00'

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:

Zeiss is the only company that can provide a service agreement, we do not have any 3rd party companies that are trained for this type of system. Manufacturers of similar specialized imaging tools, like Checkpoint Technologies and EDAX, also do not allow third parties to maintain their equipment.

9. Other Facts: None

10. Listing of Sources:

Carl Zeiss X-ray Microscopy Inc.

4385 Hopyard Road, Suite 100

Pleasanton, CA 94588-2758

POC: Jeff Irwin, Ph.D

Phone: (925) 701-3635

Fax: (925) 730-4952

11. Actions to Increase Competition: None This Justification will be posted on the Federal

Business Opportunities website in accordance with FAR 13.501(a)(1)(iii) publication requirement.

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.

g

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 a sole source justification under the authority FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements, modified under the authority of 41 U.S.C 1901, Simplified Acquisition Procedures, is warranted to meet government needs.

Digitally signed by

HAGAN.ROBYNN.LEA.1470309365

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=OSD, cn=HAGAN.ROBYNN.LEA.1470309365 Date: 2018.02.21 12:53:12 -08'00'

Digitally signed by

DUANE.MATTHEW.BRUMER.1365565453

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, RUMER.1365565453 cn=DUANE.MATTHEW.BRUMER.1365565453

Date: 2018.02.21 13:28:10 -08'00'

ROBYNN L. HAGAN MATTHEW B. DUANE

DUANE.MATTHEW.B

HAGAN.ROBYNN.

LEA.1470309365

DUANE.MATTHEW.B

Contract Specialist Contracting Officer