BNJ_Redacted.pdf

Signal Analyzer Purchase Request No.: 57-4007-25 / 1301235759 J&A No.: J&A13.501-25-CM01

DEPARTMENT OF THE NAVY

NAVAL RESEARCH LABORATORY

4555 OVERLOOK AVE SW

WASHINGTON, DC 20375-5320

Purchase Request No.: 57-4007-25 / 1301235759 J&A No.: J&A13.501-25-CM01

Estimated Cost:

Justification for Other than Full and Open Competition Under Simplified Procedures for Certain Commercial Items in Accordance with Federal Acquisition Regulation (FAR) 13.5

On the basis of the following, I, as the Contracting Officer, hereby approve the use of a brand name contractual action pursuant to the authority of: 41 U.S.C. 1901 41 U.S.C. 1903

1. Contracting Activity

The Naval Research Laboratory’s (NRL) Contracting Division, Code 1320, proposes a brand name requirement for Keysight Technologies, Inc. (Keysight) parts, accessories, and licenses under simplified procedures for certain commercial items in accordance with FAR Subparts 12.6 and 13.5.

2. Description of the Action Being Approved

This action requests approval for the use of other than full and open competition, on a brand name basis, as implemented by FAR 13.501(a) for the procurement of a UXA Signal Analyzer and subcomponents/licenses.

3. Description of Supplies/Services

The required signal analyzer is a test and measurement tool that will be used to visualize and analyze the spectral content (frequency characteristics) of signals. The NRL will utilize this signal analyzer to identify system design issues, optimize performance, and understand signal behavior

The signal analyzer and its associated accessories and licenses will be integrated into an existing Electronic Warfare (EW) system suite.

It is estimated that delivery will occur within 13 weeks after receipt of the purchase order. The Government’s minimum needs have been verified by the certifying technical and requirement personnel. This signal analyzer and its accessories and licenses is estimated to be , which will be funded with FY25 Procurement.

4. Statutory Authority Permitting Other Than Full and Open Competition

The authority for permitting other than full and open competition is 41 U.S.C. 1901(e)(2), implemented by FAR 13.501(a).

41 U.S.C. 1901 41 U.S.C. 1903

5. Rationale Justifying Use of Cited Statutory Authority

Market research was conducted per FAR 10.001 to identify potential sources for a signal analyzer and support systems that meets the Government’s technical needs. Initial market research determined that Keysight, the original equipment manufacturer (OEM) of the required items, and its authorized resellers/distributors, are the only vendors that could meet the Government’s technical requirements.

Further market research revealed multiple authorized resellers/distributors of Keysight equipment.

Because there are multiple authorized resellers/distributors, the Government will pursue this procurement on a brand name basis. A small business set-aside is not appropriate because the Non- Manufacturer Rule (NMR) requires the small business to either manufacture the product itself, supply a product manufactured by another small business if it is a nonmanufacturer, or supply the product of any sized manufacturer if the Small Business Administration (SBA) has granted a waiver to the NMR. Keysight the OEM, is a large business, and the SBA has not granted a waiver under NAICS 334515.

Keysight equipment is the only equipment identified that can meet the Government’s requirements for a signal analyzer with advanced measurement capabilities. According to the Technical Division, Keysight’s N9042B Signal Analyzer will be the next component integrated into an existing specialized EW test suite. The test suite provides researchers with a new level of performance for high frequency signal generation and waveform analysis. The signal analyzer will be combined/integrated with NRL’s existing Keysight equipment to include Keysight’s X-Series Agile Signal Generator and N7660C Signal Studio for Multi-Emitter Scenario Generation application.

An extensive test and evaluation (T&E) code base has been developed by NRL to work with Keysight’s instrument library, making the test suite compatible across multiple Keysight instruments.

According to the Technical Division, introducing a signal analyzer from a different brand would require complete re-development of the existing software layer, effectively duplicating the initial software development phase, and resulting substantial duplication of costs and unacceptable delays that could not be recovered through full and open competition. Further, required hardware to be procured is urgently needed to support mission critical integration and validation activities as part of upcoming milestones. Re-writing the software layer would not only delay critical testing of ongoing requirements, but also incur significant unplanned labor costs and schedule overruns, impacting overall budget and delivery timelines.

The Contract Specialist has determined through market research that the required products offered by Keysight are commercial in nature, valued greater than the SAT, but less than $7.5 million, and as such, this action permits the use of FAR 13.500(a).

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable

Market research was performed through contacting knowledgeable individuals in Government, conducting internet searches, and contacting the OEM, Keysight. The NRL’s Systems Development Section, Code 5744, routinely monitors the commercial marketplace and maintains up-to-date knowledge of current market solutions through conferences and publications such as Institute of Electrical and Electronics Engineer (IEEE) Communications and Journal of Electromagnetic Defense (JED). Code 5744 staff concluded that the signal analyzer and other components manufactured by Keysight is the only equipment that can meet the Government’s needs under this requirement.

On 01 April 2025, the Contract Specialist contacted the OEM, Keysight, to inquire if it has a GSA Schedule. Keysight responded on the same day and stated that it does not have a GSA Schedule. In the email response, Keysight recommended using one of its authorized resellers/distributors to fulfill the Government’s requirement.

, which are approved authorized resellers/distributors and are determined as such on Keysight’s webpage using the following link:

https://www.keysight.com/us/en/partnerfinder.html. On 27 May 2025, the Contract Specialist contacted to see if either held an active GSA/FSS schedule. On 29 May 2025, the Contract Specialist contacted . All vendors responded stating that they do not currently hold a GSA/FSS schedule.

As such, the Contract Specialist determined Keysight equipment as the only brand technically acceptable that meets NRL’s required specifications. In addition, it has been determined that neither Keysight nor any of its authorized resellers/distributors hold an active GSA/FSS schedule. As a result, the Government will pursue this effort through the open market, on a brand name basis, allowing participation from Keysight and its authorized resellers/distributors.

7. Determination of Fair and Reasonable Cost

The Contracting Officer has determined that the anticipated cost to the Government for the equipment covered by this J&A is fair and reasonable through adequate price competition (FAR 13.106-3(a)(1)), or through the methods described at FAR 13.106-3(a)(2). The Government identified multiple authorized resellers/distributors for Keysight equipment and has a reasonable expectation of competition based on the market research conducted.

8. Actions to Remove Barriers to Future Competition

For the reasons set forth in Paragraph 5, NRL has no plans at this time to compete future contracts for the type of equipment covered by this document. Code 5700 routinely monitors the commercial marketplace using the internet and publications to stay informed on current state-of-the-art laboratory equipment alternatives that could be used to further work at NRL. If another potential source emerges or new technology is developed, which can advance future research, NRL will assess whether competition for future requirement is technically feasible and reasonably priced.

In accordance with FAR 13.501(a)(iv) and 5.102(a)(6) this justification, redacted as necessary, will be made publicly available with the solicitation.

CERTIFICATION AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance which are included in this Justification and its supporting acquisition planning documents, except as noted herein are complete and accurate to the best of my knowledge and belief.

Date Telephone No.

LEGAL REVIEW

I have determined this Justification is legally sufficient.

CONTRACTING OFFICER CERTIFICATION

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