Attachment B Brand-name Justification_Redacted.pdf

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

Purchase Request Number: NB305000-24-01594

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”:

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

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

Brand Name Only purchase of a commercial product.

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

The NIST Communication Technology Laboratory, RF Technology Division, High-Speed Waveform Metrology Group has a brand name requirement for Electronic Design Automation (EDA) software, specifically the Keysight Advanced Design System (ADS) software package.

This software package provides integrated circuit layout and simulations that are critical for projects that interface with semiconductor foundries. The foundries provide Process Design Kits (PDK’s) that require this type of layout and electromagnetic solver software to most effectively design integrated circuits in their process. As part of this procurement, NIST intends to trade in existing licenses to upgrade to the latest versions of the software, and expand its number of licenses. Per the specifications, NIST intends to acquire 3 licenses of the W3606B ADS Core + RFPro package with annual support and 2 licenses of the same package without support. NIST also intends to acquire 1 license for the W7325B PathWave IC-Cap package with annual support. Optional line items include out year support packages for the licenses listed above. All licenses are floating perpetual licenses.

The estimated total cost of this requirement is after trading in existing supported perpetual licenses which Keysight values as maintained equipment.

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

41 U.S.C. 3304(a)(1). 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 the use of the authority cited:

This is a Brand Name sole source procurement. Many Keysight resellers can provide these licenses and accommodate the trade-in of existing licenses with Keysight. However, only the Keysight ADS product line is acceptable for a number of reasons:

1. Known compatibility with semiconductor foundry PDKs and the only EDA package 100% compatible with NIST existing library of previously developed simulation models and existing developed simulations.

2. Converting simulation models to another vendor’s EDA package would come at significant cost in terms of time and cost without guarantee of similar results.

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

Purchase Request Number: NB305000-24-01594

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 AMD will closely scrutinize any requirements for subsequent acquisitions of this type or requirement and will ensure that any restrictions to competition are adequately documented and supported before proceeding.

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

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 accurate and complete.

Contracting Officer:

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