23Q0043_Non_Comp._Redacted.pdf

SWIP Tracking No. 23SWXP0075

DON SAP Guide Enclosure (3) 1

MEMORANDUM TO THE FILE

Subj: USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN ACQUISITION

UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

IDENTIFICATION OF SOURCE:

Keysight Technologies, Inc / Englewood, CO / Cage: 1LQK8

I. BACKGROUND:

1. FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contracting Officers may solicit from one source if the Contracting Officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

2. As required by FAR 13.106-3(b)(3)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

Requirement is for annual maintenance and support for existing Keysight Engineering Software License in support of system-engineering support for the planning, maintaining, and troubleshooting of . The special product configuration support includes, PathWave Systems Design, Pathwave Aeospace Defense Radar Library, Qty 3 PathWave ADS Core, EM Design, Layout, RFPro, RF Ckt Sim, PathWave HSD Circuit Simulation and PathWave RF Synthesis (Genesys) Core + Synthesis + Circuit. Period of performance is January 2023-December 2023. Option years should be included for this requirement. Requirement is to also convert the node lock license to network license.

DON SAP Guide Enclosure (3) 2

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

A. X ONLY ONE RESPONSIBLE SOURCE (select all that apply):

Line Part Number Description Qty

CLIN 0001 W4802B Pathwave System Design Core + 1 R-V5B-002-B Floating (single site) perpetual license 1 R-V6B-002-L KeysightCare Software Support 1

CLIN 0002 W4521E PathWave Aerospace Defense Library 1 R-V5B-002-B Floating perpetual license 1 R-V6B-002-L KeysightCare Software Support 1

CLIN 0003 E9000S Special Product Configureation Support 1 W3606B/14258020 PathWave ADS Core, EM Design, Layout RFPro, RF Ckt Sim Floating (single site) 1

W3606B/14258019 PathWave ADS Core, EM Design, Layout RFPro, RF Ckt Sim Floating (single site) 1 W3606B/14258018 PathWave ADS Core, EM Design, Layout RFPro, RF Ckt Sim Floating (single site) 1 W3024E/14258021 PathWave HSD Circuit Simulation Floating (single site) 1 W5303B/14258022 PathWave RF Synthesis (Genesys) Core+Synthesis+Circuit Floating (single site) KeysightCare 1

OPTIONS YR 1

CLIN 0004 OPTION #1 YR 1

R-V6B-002-L KeysightCare Software Support for CLIN 0001 QTY 1

CLIN 0005 OPTION #2 YR 1

R-V6B-002-L KeysightCare Software Support for CLIN 0002 QTY 1

CLIN 0006 OPTION #3 YR 1

E9000S Special Product Configureation Support (includes the below software) QTY 1 W3606B/14258020 PathWave ADS Core, EM Design, Layout RFPro, RF Ckt Sim Floating (single site) QTY 1 W3606B/14258019 PathWave ADS Core, EM Design, Layout RFPro, RF Ckt Sim Floating (single site) QTY 1 W3606B/14258018 PathWave ADS Core, EM Design, Layout RFPro, RF Ckt Sim Floating (single site) QTY 1 W3024E/14258021 PathWave HSD Circuit Simulation Floating (single site) QTY 1 W5303B/14258022 PathWave RF Synthesis (Genesys) Core+Synthesis+Circuit Floating (single site) KeysightCare QTY 1

OPTIONS YR 2

CLIN 0007 OPTION #4 YR 2

R-V6B-002-L KeysightCare Software Support for CLIN 0001 QTY 1

CLIN 0008 OPTION #5 YR 2

R-V6B-002-L KeysightCare Software Support for CLIN 0002 QTY 1

CLIN 0009 OPTION #6 YR 2

E9000S Special Product Configureation Support (includes the below software) QTY 1 W3606B/14258020 PathWave ADS Core, EM Design, Layout RFPro, RF Ckt Sim Floating (single site) QTY 1 W3606B/14258019 PathWave ADS Core, EM Design, Layout RFPro, RF Ckt Sim Floating (single site) QTY 1 W3606B/14258018 PathWave ADS Core, EM Design, Layout RFPro, RF Ckt Sim Floating (single site) QTY 1 W3024E/14258021 PathWave HSD Circuit Simulation Floating (single site) QTY 1 W5303B/14258022 PathWave RF Synthesis (Genesys) Core+Synthesis+Circuit Floating (single site) KeysightCare QTY 1

DON SAP Guide Enclosure (3) 3

1. ___ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

2. X EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

Keysight Technologies is the OEM for this software owning all proprietary rights, including data rights as well as the schematic and layout file formats. Native file formats from historical designs and analyses created in Radar Technologies Division using Keysight Pathwave Design software can only be modified with this software. This requirement is to renew our yearly maintenance agreement that has invested in since 2005. The subscription renewal allows engineers to maintain Pathwave ADS, EM Design, RF Synthesis, Pathwave Aeospace Defense Radar Library, and Pathwave System Design for designing new, modifying existing, or analyzing RF & Microwave systems/Radars, assemblies, test stations, and/or circuits for the This software allows resource sharing and provides a unique capability required by and not easily accomplished by the amalgamation of other, individual software applications (which would require increased training, user time, and cost-assuming such applications across engineering to efficiently utilize the software through network licensing. This renewal will further software expertise and will help develop onboarding engineers. If we were required to certify another software company, it would cost the government in excess of for training, engineering analysis, software cost, and maintenance. Keysight Pathwave Design software under license currently resides on the

This procurement will allow software resource sharing across engineering branches in to efficiently utilize software through network licensing.

Current software expertise has been established

3. ___ OTHER REASONS.

B. ___ BRAND NAME. Item required must be a brand name product, or feature of a product, particular to one manufacturer.

C. ___UNUSUAL AND COMPELLING URGENCY. The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals.

Urgent requirements are supplies or services that will result in a work stoppage, or are mission

DON SAP Guide Enclosure (3) 4 critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

1. Date on which the requirement was first identified:

2. Required delivery date/period of performance:

3. Explanation of why delivery/commencement of services by the date mentioned above is required:

4. If appropriate, include any additional pertinent information.

IV. CERTIFICATIONS/APPROVALS:

A. Technical / Requirements Certification: I certify that the facts and representation under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.

B. Certification/Approval.

Upon the basis of the above statements and information justification, I hereby approve, as the Contracting Officer, the solicitation of the proposed procurement(s) using other than full and open competition.

Contracting Officer Signature Name (Printed) / Phone # Date

DAVIDSON.KATHY.JO.10

57038175

Digitally signed by

DAVIDSON.KATHY.JO.1057038175

Date: 2022.11.19 08:02:50 -05'00'