Brand Name Justification JOFOC.pdf

JUSTIFICATION FOR BRAND NAME OTHER THAN FULL AND OPEN COMPETITION

PURCHASE REQUEST NO. NB305000-24-01008

1. Identification of the agency and the contracting activity.

U.S. Department of Commerce, National Institute of Standards and Technology (NIST), Office of Acquisition and Agreements Management, Acquisition Management Division (AMD)

2. Nature and/or description of the action being approved.

Brand Name Noncompetitive purchase of a commercial laboratory instruments.

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value).

The Communications Technology Laboratory (CTL) RF Technology Division, High-Speed Waveform Metrology Group (HWMG) requires the delivery of a 4-port 50 GHz Non-Linear Network Analyzer (NVNA) that operates up to 50 GHz. Advanced semiconductor technology has led to continuous performance improvements in transistors. However, many iterations are needed to obtain optimal performance and the yield and reproducibility is incredibly poor.This NVNA is intended to be used for the characterization of high-frequency transistors and the extraction/validation of compact transistor models under the CHIPS program. The estimated value of this requirement is $REDACTED.

4. An identification of the statutory authority permitting other than full and open competition.

41 U.S.C. 3304(e) Brand Name acquisition; this statute is being implemented using simplified acquisition procedures under the authority of 41 U.S.C. 1901 for commercial products or services.

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

Keysight is the only manufacturer that offers the Non-Linear Network Analyzer (NVNA) that meets requirements. The NVNA must be compatible with other Keysight products that NIST has already acquired and is planning on using with the NVNA, such as the millimeter-wave test set controller (N5262A) for the PNA-X network analyzer and the Comb generators (U9391C/F/G/M).

Moreover, the Keysight solution meets NIST needs regarding the specifications of low phase noise (-122 dBc/Hz at 100 kHz offset at 10 GHz) and receiver dynamic range. If the government purchased this solution from another brand, the solution would find itself incompatible with existing equipment thus causing unacceptable delays in fulfilling the agency’s mission.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Federal Acquisition Regulation (FAR) subpart 5.2, and, if not, which exception under 5.202 applies.

In addition to the request for information that was posted on NASASEWP and GSA eBuy detailed in Section 8 below, the Contracting Officer (CO) published a combined Notice of Intent to award a sole source and sources sought contract to Keysight Technologies as the manufacturer on SAM.gov. The notice was posted on March 13, 2024, with a response date of

March 27, 2024. The notice stated that all responsible sources interested may identify their interest and capability. The CO received three responses from resellers of the Keysight product and one non-Keysight product that was found to be unable to meet compatibility requirements.

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable and the basis for that determination.

The CO will perform price analysis and will only award the purchase order if they determine the price to be fair and reasonable. The CO will rely on commercially available pricing information, the independent Government cost estimate, and their independent judgment to make that determination.

8. A description of the market research conducted (FAR part 10) and the results or a statement of the reason market research was not conducted.

Market research was conducted to identify available sources and to assess the availability of the marketplace to meet the requirement as follows:

a. From January 2024 through May 2024, a representative from the HWMG conducted research through mandatory sources, GSA Advantage search, consulted with experts in the field and internet searches. This market research allowed the HWMG representative to contact NVNA vendors to inquire about their product capabilities. Through those meetings, the HWMG representative determined that only the manufacturer Keysight can provide a commercial product that meets HWMG’s requirements.

b. The CO posted a combined notice of intent to sole source and sources sought notice (NIST-SS24-CHIPS-0029) to SAM.gov on April 19, 2024, with a closing date of May 3, 2024. Four vendors responded to the notice, three of which provided technically acceptable Keysight brand solutions.

c. A Request for Information was posted on NASASEWP and GSA eBuy on May 6, 2024, with a response date of May 13, 2024. Both notices closed, with each vehicle providing one (1) Keysight reseller.

9. Any other facts supporting the use of other than full and open competition (FAR 6.302(a) (9)).

The HWMG personnel has verified that the requirement, as stated in the specification, represents SSG staff’s minimum requirement.

10. A listing of sources, if any, that expressed, in writing, an interest in the acquisition.

None

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the same supplies or services.

The AMD will closely scrutinize any requirements for subsequent acquisitions of this type of requirement and will ensure that any restrictions to competition are adequately supported and documented before conducting such an acquisition.

CERTIFICATION:

Requisitioner:

I certify that the facts and representations under my cognizance, which are included in this justification and which form a basis for this justification, are complete and accurate.

Jeffrey Jargon, Contracting Officer Representative, NIST

Contracting Officer:

I certify that the justification is accurate and complete to the best of my knowledge and belief.

Tracy Retterer, Contracting Officer, NIST

JEFFREY JARGON

Digitally signed by JEFFREY

JARGON

Date: 2024.07.30 13:26:10 -06'00'

TRACY RETTERER Digitally signed by TRACY RETTERER Date: 2024.07.31 11:36:56 -04'00'