Brand-name Justification .pdf

Justification for Other than Full and Open Competition

FAR 13.501

Date: 6/11/2024

Prepared by: Marvin Jean

Purchase Request: NB771030-24-01879

Subject: Procurement of the Polatis Series 6000 Ultra Secure Grade Switches

I. Contracting Activity.

National Institute of Standard and Technology (NIST) Office of Acquisition and Agreements Management (OAAM) Acquisition Management Division (AMD) 100 Bureau Drive Stop 1640 Gaithersburg MD, 20899

II. Nature and/or Description of the action being approved.

The action to be approved is the justification of the brand-name only requirement for the Polatis Series 6000 Ultra Secure Grade Switches to be utilized by the Information Technology Laboratory (ITL) at the NIST Gaithersburg, MD campus. The procedures in FAR subpart 13.501 are to be used for this acquisition, in accordance with 41 USC 1901. NIST AMD is requesting the approval to negotiate with Huber+Suhner.Inc.’s authorized resellers.

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

NIST ITL will use the switches to route single and entangled photons around a quantum network testbed on the NIST campus and across the DC-region. The switch will be integrated into the existing infrastructure of the QN testbed at NIST and the infrastructure across the region. The network uses Polatis switches to manage the routing of quantum signals and a unique, NIST built Quantum Network Control Plane has been especially developed to manage this process. This control plane is written specifically for the Polatis switches. Therefore, the utilization of other commercial solutions would prove to be a detriment to the advancement of this program.

The independent estimated government cost of the requirement is $486,500.00, with an estimated 75 day delivery timeframe after contractor receipt of award.

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

41 USC 3304(a)(1) Only One Responsible Source

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

Use of the statutory authority 41 USC 3304(a)(1) requires that the supplies or services required by the agency are available from one source.

Huber+Suhner Inc. authorized resellers are uniquely qualified to meet these requirements and provide the required software and hardware capabilities to the ITL for the following reasons:

• The switches to be designed and provided are required to route and focus light (photos). Without these specific switches, the quantum networking infrastructure will not be able to distribute photons across the networks. The size, low loss, and fast switching time of these specific switches are essential to this project as transmitted single photons are attempting to cover longer distances.

• The products interfaces with the existing quantum networking infrastructure testbed. Moreso, agency partners have furthered the capabilities of this infrastructure in their development of custom control plane software defined network (SDN) which relies on these specific switches.

• All equipment and software to be covered under the agreement are commercial items.

Huber+Suhner Inc. has proprietary rights to the technology which governs its software and authorizes the resale of their product to authorized distributors. However, with consideration of the non-manufactures rule (FAR 19.505), the SBA has provided a class waiver for procurements designated under NAICS Code 335999 (All Other Miscellaneous Electrical Equipment/Component Manufacturing) which allows for the use of small business authorized distributors.

VI. A description of the 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 Subpart 5.2 and, if not, which exception under 5.202 applies.

The approved justification will be made publicly available with the solicitation documents, in accordance with FAR 13.501(a)(1)(iv).

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

Given the commercial nature of the required product, the Contracting Officer (CO) anticipates adequate competition amongst Huber+Suhner Inc. authorized resellers. Therefore, the CO intends to perform price analysis by comparison of proposed prices received in response to the solicitation to determine fair and reasonableness.

VIII. A description of the market research conducted (see part 10) and the results or statement of the reason market research was not conducted.

The organizational unit and the contract specialist surveyed the market to determine the availability of sources capable of satisfying the Government’s requirement. Results identified Technical Communities Inc., sells comparable switches, however the switches do not completely meet the specifications of the Polatis Series 6000 Ultra Secure Grade Switches. Therefore, the CO determined that Huber+Suhner is the only manufacturer, and its resellers are the only sources identified as capable of meeting NIST’s requirements.

Additionally, historical data from NIST purchases of Polatis switches in the past three years, indicates several small business authorized resellers capable of meeting the requirements.

Based on the market research, the authorized small business resellers of Huber+Suhner Inc. have been identified as the only sources that currently meet NIST’s requirements.

IX. Any other facts supporting the use of other than full and open competition.

Not Applicable

X. A list of sources, if any, that expressed in writing, any interest in the acquisition.

Not Applicable. Other than described in Paragraph 8 above, no interested sources are known.

XI. A statement of the action, if any, the agency make take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

NIST will ensure that appropriate market research is conducted and documented before any subsequent contracting action is undertaken. If appropriate alternatives are identified that would create a more competitive environment, NIST will undertake appropriate action to maximize competition.

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

See signature on the following page.

Approved by:

Robert Cowins Contracting Officer, NIST