JA Sole Source PWS 20-0E8 Redacted.pdf

DMEA #20-28

4/13/2020

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

PWS #20-0E8

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 new Firm Fixed Price contract with Zeiss for Xradia Ultra X- Ray Microscope (Ultra) maintenance services using RDT&E funds.

3. Description of Supplies/Services:

The contractor will provide DMEA with recommissioning services, annual preventative maintenance service, covering Ultra associated components as described in PWS 20-0E8 such that the Ultra performs to Original Equipment Manufacturer (OEM) specifications after it is reinstalled. The total cost of this requirement is

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:

DMEA’s Microelectronics Analysis & Assembly (MEBE) Division utilizes Zeiss Xradia Ultra X-ray Microscope. Ultra has been custom designed and configured by Carl Zeiss X-ray Microscopy Inc. to meet of MEBE’s Semiconductor Assurance & Forensics Engineering (SAFE) Branch’ specific needs and requirements. Zeiss makes everything except for the X-Ray Source, which is made by Excillum. Only Zeiss possesses 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, thus effectively limiting any opportunity for another company to provide the required service. Furthermore, 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 necessary to perform required maintenance.

6. Efforts to Obtain Competition:

A sources sought notice and a solicitation were posted to FBO.gov in 2018, in which only Carl Zeiss X-ray Microscopy Inc responded.

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. The determination is based upon comparison with prices found reasonable on previous purchases.

Typed Name: Date: _______________

Title: Contracting Officer Signature:

8. Market Research:

There are no third-party entities able to perform maintenance and service on Zeiss tools as Zeiss is the only company that can provide a service agreement. No other companies are trained for this type of system.

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:

The solicitation, accompanied by this approved justification, will be posted on beta.sam.gov. The Contracting Officer will consider quotes submitted by responsible sources in accordance with FAR 5.207(c)(16)(ii).

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: Date: _______________

Title: Contracting Officer Signature:

5/6/20

13. Other Approvals

Operations Contracting Branch Chief

NAME: TITLE: Chief, Operational Contracting Branch

SIGNATURE: DATE: ______________________

Acquisition Policy & Analysis Branch Chief

NAME: _ _________TITLE: Chief, Acquisition Policy & Analysis Branch

Office of Counsel

NAME: TITLE: Deputy General Counsel