2 - Brand Name Justification_redacted.pdf

Federal Communications Commission

Enterprise Acquisition Center

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

BRAND-NAME

IN ACCORDANCE WITH FAR 6.103-1(d)

Procurement Request Number: PR EBEC260016 Brand-Name Item(s): VIAVI Solutions RF Filters Estimated Value: $55,000.00 Date Prepared: 10 SEP 2026

1. Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for other than full and open competition.”

This document serves as a brand name Justification for other than full and open competition prepared by the Federal Communications Commission (FCC), Office of Managing Director (OMD), Enterprise Acquisition Center (EAC), located at 45 L Street NE, Washington, DC 20554, with technical input from the FCC’s Enforcement Bureau (EB).

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

This new action is intended to result in a firm-fixed price brand name contract for the purchase VIAVI Solutions RF Filters. The Period of Performance is one single base year.

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

Under the contemplated contract, the Enforcement Bureau requires the procurement of eight (8) unique RF filters manufactured by VIAVI Solutions Inc. Each filter type will be procured in a quantity of twelve (12), for a total of 96 units. The estimated cost of $55.000.00. Market research results indicate the specific RF filter models are available through authorized distributors and directly through the manufacturer for acquisition.

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

The specific authority permitting other than full and open competition is FAR 6.103-1, Only one responsible source and no other supplies or services will satisfy agency requirements. Application for brand-name descriptions except as authorized at 6.103-5, use of brand-name descriptions, or specification of attributes peculiar to one manufacturer, prevents full and open competition and should only be used when justified and approved according to 6.104.

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

The purchase request for VIAVI Solutions RF Filters requires a limiting of sources. VIAVI Solutions is the only known manufacturer capable of providing the supplies required at the level and quality required the products ordered are peculiar to one manufacturer and are considered brand name specifications and are unique.

The FCC Enforcement Bureau (EB) Field Division requires the specific VIAVI RF filters identified to address operational gaps within its technical equipment inventory. Market research determined that VIAVI Solutions is the only manufacturer producing fixed-band RF filters that meet the precise passband, attenuation, and rejection characteristics required to support EB cellular (4G/5G) frequency field investigative operation requirements. The EB currently owns 2 of the models required for purchase and has validated their effectiveness through past FCC investigations as an essential asset required throughout the Field. VIAVI distributes these filters directly and through authorized resellers, and due to the specialized nature and quantity of filters required, only VIAVI Solutions, or one of their authorized distributors, is capable of supplying the filters.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as possible, including whether a notice was or will be publicized as required by part 5 and, if not, which exception under part 5 applies.

This acquisition is at or below the Simplified Acquisition Threshold (SAT) and therefore only a pre-solicitation notice will be posted at the Governmentwide point of entry (GPE) in accordance with FAR

5.201. Quotations will be solicited directly from suppliers.

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

The Contracting Officer will determine fair and reasonable pricing based on competition received in response to the solicitation, historical prices paid/awarded by the Government for similar products and services, comparison of published price lists, comparison to the Independent Government Estimate, or through any other analysis of data other than certified cost or pricing data. Market research conducted by Enforcement Bureau has determined the requirement can be competed open market. It is anticipated that competition will result from the solicitation. The FCC will use a Lowest Price Technically Acceptable (LPTA) evaluation approach.

8. The market research conducted (see part 10) and the results or a statement of the reason market research was not conducted.

Market research was conducted and found the commercial products were not available for procurement from any priority source identified in part 8, including existing contracts awarded for Governmentwide use (e.g., the Federal Supply Schedules and Governmentwide acquisition contracts.

After determining no priority sources could meet the requirement, open-market research was performed. This included internet research, review of prior contracts, and outreach to commercial vendors. VIAVI Solutions was identified as the only source providing the RF filters meeting all the technical requirements.

Further research was performed to identify a potential GSA partner, and the VIAVI-recommended GSA reseller informed the FCC that the required filters were only available for purchase on the open market.

Two small-business vendors were identified: Test Equipment Depot and Testmart, and both confirmed they could supply the required filters and are registered in SAM’s. VIAVI Solutions, the manufacturer, was also identified as a SAM-registered and capable of supplying the same filters.

Based on these findings, market research concluded that while more than one vendor can resell the filters, VIAVI Solutions is the only manufacturer capable of producing RF filters that satisfy all requirements.

9. Any other facts supporting the justification.

The EB Field Division continues to perform market research on an annual basis to make sound business decisions. The FCC functional requirements is continuously updated to ensure that FCC considers other business solutions.

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

Viavi Solutions Inc.; Bailey Heronemus; 316-529-5218; Bailey.Heronemus@viavisolutions.us

Testmart; Matthew McMahon; 650-794-3706; salesteam@technicalcommunities.com

Test Equipment Depot; Patrick Bogonis; 339-293-4014; Patrick.Bogonis@Fotronic.com

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 supplies or services required.

The Enforcement Bureau will continue to monitor and evaluate the hardware capabilities of other brand/manufacturers through market research. If a suitable product can be found, an effort will be made to have it added to the FCC Products List for consideration in future requirements. Until it is determined that the current hardware no longer meets the technology footprint, the RF Filters must continue to be procured from an authorized VIAVI Solutions reseller.

12. Contracting officer certification that the justification is accurate and complete to the best of the contracting officer's knowledge and belief.

CERTIFICATION AND APPROVALS

Technical Representative/Contracting Officer Representative (COR) Certification:

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.

Name/Title/Office: Nathan Bohne/ Contracting Officer Representative/EB

Signature and Date: _______________________________________

Contracting Officer (CO) Certification and Approval (up to $900k):

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

Name/Title/Office: Priscilla Cruz/Contracting Officer/EAC

Signature and Date: _______________________________________

APPROVAL AUTHORITY:

Approval authority depends on procurement value per FAC 2026- -

POSTING REQUIREMENT:

Per FAR 5.102(a)(6) and FAR 6.305: Post justification with solicitation. Also post on SAM.gov and agency website. Retain for 30 days minimum.