JA PWS 20-0F3 - Redacted.pdf

DMEA # 20-23

Defense Microelectronics Activity

4234 54th Street, McClellan, CA 95652

PWS #20-0F3

Sole Source Justification

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 firm fixed price contract for the recommissioning and upgrade of Excillum’s MetalJet D2+.

3. Description of Supplies/Services: The contractor will provide DMEA with annual preventative maintenance service, covering the Excillum MetalJet D2+ and NanoTube N1 and associated components as described in PWS 20-0F3. Contract duration will be one (1) base year, and four (4) option years, for a total contract value of $285,575.00. Service includes, recommissioning, testing after installation, upgrade of DMEA’s Metal Jet D2+, preventive maintenance visits, parts and labor for repair of all system components, software updates, and tool upgrades.

4. Authority Cited:

FAR 13.501(a)(1)(ii) Simplified Procedures for Certain Commercial Items; 41 U.S.C. 1901.

5. Reason for Authority Cited: The Excillum MetalJet D2+ and NanoTube X-Ray sources that

DMEA uses has been designed and configured by Excillum. Only Excillum 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 6 July 2015. 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 Excillum X-Ray

Sources. No responses were received.

7. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

Typed Name: Matthew Duane Date: 5/6/2020

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:

DMEA # 20-23

“As of now it is only Excillum personnel authorized on performing service on Excillum X-ray sources.”

Manufacturers of similar specialized imaging tools, like Checkpoint Technologies, EDAX, and

Carl Zeiss, also do not allow third parties to maintain their equipment.

9. Other Facts: None

10. Listing of Sources:

Excillum AB

Jan Stenbecks Torg 17

Kista, Sweden

11. Actions to Increase Competition: This Justification and the solicitation will be posted on the Federal Business Opportunities website in accordance with FAR 5.102.

12. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

Typed Name: Matthew Duane Date: 5/6/2020

Title: Contracting Officer Signature: