JA PWS 21-1B6_Redacted.pdf

DMEA #21-29

6/8/2018

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

PWS #21-1B6

Sole Source Justification

1. Agency and Contracting Activity:

Office of Secretary of Defense, Defense Microelectronics Activity (DMEA).

2. Nature/Description of Action:

The current warranty for the Helios NanoLab 660 and Nova NanoSEM 650 will end in June 2021, and the service contract for Nova NanoLab 600 will end in July of 2021. In order to ensure proper operation and support for the three beam tools, a new service agreement for updates/maintenance needs to be purchased from Field Electron and Ion Company (FEI) before the end of the warranty/service contract period. In addition, necessary consumable parts for the three Beam tools will be procured to support ongoing equipment operational requirements. This acquisition is planned as a five (5) year acquisition (Base + four (4) option years).

3. Description of Supplies/Services:

The Contractor shall provide product service/updates/maintenance as well as consumable parts anticipated dollar value of this procurement is .

4. Authority Cited:

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).

5. Reason for Authority Cited:

Due to the proprietary status of the software used on the Helios NanoLab 660, the Nova NanoSEM 650, and the Nova NanoLab 600, any software support and/or software upgrade(s) must be acquired through FEI as the Original Equipment Manufacturer (OEM).

During market research, FEI reiterated that they do not authorize third party service on their products in terms of service or repair. They also do not authorize third party service on legacy FEI products, since third party vendors do not have the software training or expertise on the proprietary FEI systems.

6. Efforts to Obtain Competition:

The solicitation, accompanied by this approved justification, will be posted on beta.SAM.gov.

The Contracting Officer will consider quotations submitted by responsible sources in accordance with FAR 5.207(c)(16)(ii).

7. 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

Typed Name: Adrienne Strickland Date: ______________________

Title: Contracting Officer Signature: __________________

8. Market Research:

It has been determined based on market research that FEI is the only responsible source to provide the required services and that no other supplies or services will satisfy agency requirements. Since FEI designs, engineers and manufactures their own products, they train and hire their own service personnel around customer service contract entitlements. As a result, any service/updates/maintenance as well as consumable parts must be acquired through FEI.

9. Other Facts:

Updates/maintenance for the Helios NanoLab 660, Nova NanoSEM 650, and Nova NanoLab 600 is currently provided by FEI Company under contract HQ0727-16-C-0113.

10. Listing of Sources:

FEI Company 5350 N.E. Dawson Creek Dr.

Hillsboro, OR 97124-5793N

11. Actions to Increase Competition:

None.

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

Typed Name: Adrienne Strickland Date: _____________________

Title: Contracting Officer Signature: __________________

13. OTHER APPROVALS

Acting Operations Contracting Branch Chief

NAME: _ __________ TITLE: Acting Chief, Operational Contracting Branch

SIGNATURE: DATE: ______________________

Acquisition Policy & Analysis Branch Chief

NAME: ________ TITLE: Chief, Acquisition Policy & Analysis Branch

SIGNATURE: DATE: ______________________

Office of Counsel

NAME: ___________ TITLE: General Counsel

SIGNATURE: DATE: ______________________

Chief of Contracting/Competition Advocate

NAME: _____ TITLE: Chief, Contracting Division

SIGNATURE: DATE: ______________________