17-7B6_-_J&A.pdf

DMEA #17-06

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

SOW/PWS #17-7B6

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 CheckPoint Technologies InfraScan 300 INV and associated components as described in PWS 17-7B6 paragraph 3.3.1.3 and attached estimate #161207. Estimated cost for the service including one (1) preventative maintenance and calibration visit per year, and four (4) option years is $375,000.00.

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 InfraScan 300 INV system that MECC uses has been custom configured by the manufacturer to meet the specific needs and requirements of the Semiconductor Assurance & Forensics Engineering Branch. Only the manufacturer 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 notice shall be published on FedBizOps and any proposal received shall be considered.

8. Market Research: A review of the Federal Procurement Data System was conducted and revealed several other agencies that used the InfraScan 300 and were serviced by the OEM. The tool manufacturer was asked if they certify any third-party entities to perform maintenance and service on their tools, to which they stated: “Checkpoint does not have any third party companies that service or maintain our tools within the USA. Every tool is designed and configured to each customer’s specification, therefore we do not have a standard published price list.”

9. Other Facts:

N/A

DMEA #17-06

10. Listing of Sources:

CheckPoint Technologies, LLC 66 Bonaventura Drive San Jose, CA 95134 POC: Tyrone Lowther 408-321-9780

11. Actions to Increase Competition: None

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.

Typed Name: Daric Matthew Guimary

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), 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 Connie L. Newell Contract Specialist Contracting Officer