JOFOC SPEAG_Signed.pdf

Justification for Other than Full and Open Competition

Certifications and Approvals

Authority Cited: 41 U.S.C. 253(c) (1) and FAR 6.302-1 (a) (2) (i) “Only one responsible source and no other supplies or services will satisfy agency requirements.”

1. Contracting Agency: Headquarters, Federal Communications Commission, Office of Managing Director, Administrative Operations, Contracts and Purchasing Center, 455 12th Street, SW, Washington, D.C. 20554. In accordance with Federal Acquisition Regulations 6.302-1, the following Justification and Approval (J&A) is submitted for other than full and open competition, which is based on “Only one responsible source and no other supplies or services will satisfy agency requirements.”

2. Description of Action: Based on the approval of this J&A, a sole source purchase order-contract will be awarded to Schmid & Partner Engineering AG (SPEAG), Switzerland.

Description of Supplies/Services: The awarded purchase order-contract will provide renewal of the annual maintenance and technical support agreement for the Commission’s SAR (Specific Absorption Rate) DASY measurement system used to test compliance of cellphones, LAN devices, and other similar portable transmitters against human exposure limits of radio frequency energy. This maintenance contract is renewable each year; that is, August 1, 2020 covering system upgrades; general repairs; technical support; and calibration of all field probes, data acquisition module and reference dipole antennas, ending July 31, 2021. SAR probes and dipole antennas are return shipped to the original equipment manufacturer, each year, for annual calibration of equipment at predetermined frequencies, submerged in specific tissue-equivalent media solutions. Also, the SPEAG DASY SAR measurement system is used to perform hearing-aid compatibility measurements too. Renewing the SPEAG DASY SAR measurement accessory(ies) annual support agreement is needed to ensure repeatability and accuracy, critical for the Commission’s RF exposure safety and hearing-aid compatibility test requirements and supporting test investigations.

3. Statutory Authority Cited: 41 U.S.C. 253(c) (1) and FAR 6.302-1 (a) (2) (i) “Only one responsible source and no other supplies or services will satisfy agency requirements.”

4. Reason For Use of Cited Authority: Use of the authority in paragraph 3 is appropriate when it is necessary to award the contract to a particular source when there is a reasonable basis to conclude that the agency’s minimum needs can only be satisfied by

(1) Unique supplies or services available from only one source or only one supplier with unique capabilities.

5. Efforts to Obtain Competition: SPEAG is the original equipment manufacturer of the SAR system and SAR simulation package purchased by FCC. As such, SPEAG retains proprietary knowledge to calibrate the field probes, dipoles and accessories for this system, including routine system upgrades, technical support and maintenance provided by the annual service contract. This is specialized SAR test and measurement equipment that requires annual calibration and support directly from the original manufacturer.

Justification for Other than Full and Open Competition Certifications and Approvals

Authority Cited: 41 U.S.C. 253(c) (1) and FAR 6.302-1 (a) (2) (i) “Only one responsible source and no other supplies or services will satisfy agency requirements.”

6. Fair and Reasonable Cost Basis: SPEAG, offers a fixed price quote of % of the overall value of the DASY5 measurement system costs to cover these calibration services, as identified in Offer No. 15652 provided by SPEAG. An estimated amount of $ has been allocated to cover the annual calibration and maintenance of the DASY5 SAR and HAC measurement system.

7. Market Survey: Based on the unique nature and design of the DASY5 SAR system used at the FCC Laboratory, the technical support, calibration and maintenance can only be provided by SPEAG. SPEAG retains proprietary ownership for the design of the system and software licensing rights.

8. SPEAG is the “only . . . responsible source and no other supplies or services will satisfy the agency requirements.”

9. Other Factors: This procurement action is required to ensure the Commission’s SAR measurement system and SAR simulation software used for testing cellphones, LAN and other similar portable transmitters for compliance with human exposure limits on radio frequency energy is calibrated and up-to-date for providing accurate and reliable results.

10. Sources Expressing Interest: None.

11. Actions Taken to Mitigate Additional Non-Competitive Buys: None; the unique nature of this requirement can only be satisfied through a non-competitive procurement.

Technical/Program Office Certification pursuant to FAR 6.303-2 (12) (b):

I hereby certify that the information in this J&A is accurate and complete to support other than full and open competition.

Ronald E. Williams June 8, 2020 Ronald Williams, Chief Date OET Laboratory Division

Contracting Officer Certification pursuant to FAR 6.304 (a) (1):

I hereby certify that the information in this J&A is accurate and complete to the best of the contracting officer’s knowledge and belief.

Date

Contracting Officer

07/02/2020