Brand Name Only JOFOC.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

PURCHASE REQUEST NO. NB305000-24-01530

1. Identification of the agency and the contracting activity.

Department of Commerce National Institute of Standards and Technology Acquisition Management Division 325 Broadway M.S. 194.00 Boulder, CO 80305

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

Brand Name Justification for other than Full and Open Competition prepared in accordance with FAR 13.501(a) and in order to issue an acquisition under the authority of FAR 13.5 Simplified Procedures for Certain Commercial Items. This justification is necessary to meet the needs of the NIST by acquiring two (2) Keysight 110 GHz extender heads with low-frequency extension and integrated bias tees, and two (2) 110 GHz extender head desktop positioners.

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

The Contractor shall provide two (2) Keysight 110 GHz extender heads with low-frequency extension and integrated bias tees and two (2) 110 GHz extender head desktop positioners. The estimated value of this acquisition is $REDACTED.

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

The statutory authority permitting Brand Name acquisition is made pursuant to FAR 13.5, Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 and 41 U.S.C. 3304(e).

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

Keysight has proprietary 110 GHz extender heads that interface with their PNA-X vector network analyzers. NIST already purchased a PNA-X and requires the extender heads to deliver the proposed ‘calnet.nist.gov’ proposal for CHIPS. 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 accordance with FAR 5.203, a Sources Sought was posted to SAM.gov, seeking sources that could meet NIST’s requirements. The notice stated NIST requires Keysight Brand Name Only products. The notice was posted on May 06, 2024, with a response date of May 17, 2024, stating all responsible sources interested may identify their interest and capability. A separate Request for Information was posted on GSA eBuy on May 6, 2024, with a response date of May 13, 2024, in order to determine if additional Keysight resellers were available through mandatory sources.

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 Contracting Officer (CO) will perform a 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, adequate competition, 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 performed from January 2024 through May 2024, which included searches of mandatory sources, GSA Advantage, and internet searches.

A Sources Sought was posted to SAM.gov on May 06, 2024, with a response date of May 17, 2024, seeking sources that could meet NIST’s requirements. Two vendors responded to the notice, both of which provided technically acceptable Keysight brand solutions. A separate Request for Information was posted on GSA eBuy on May 6, 2024, with a response date of May 13, 2024. One vendor responded to the GSA eBuy as an authorized Keysight reseller, this vendor also stated they are capable of providing the same solution on the open market.

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

N/A

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

REDACTED.

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 Acquisition Management Division will closely scrutinize any requirements for

Digitally signed by TRACY subsequent acquisitions and ensure that any competition restrictions are adequately supported and documented. In addition, during the expected lifecycle of this equipment, NIST will work to identify additional products that could meet its requirements.

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.

Digitally signed by NATHALI

MEDINA

Date: 2024.08.08 12:17:16 -06'00'

Nathali Medina, Contracting Officer Representative, NIST

Contracting Officer:

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

Tracy Retterer, Contracting Officer, NIST

NATHALI MEDINA