Brand Name Justification - FAR PART 13.5 - Spectrum Testing Equipment 7-8v2_FE.pdf

Department of Transportation Federal Highway Administration

Justification for Other Than Full and Open Competition

BRAND-NAME JUSTIFICATION

FAR PART 13.5

The United States Department of Transportation (DOT) makes this Justification for Other Than Full and Open Competition pursuant to Federal Acquisition Regulation (FAR) 13.501 using the format at FAR 6.303-2, modified to reflect that the procedures in FAR Subpart 13.5 in accordance with 41 U.S.C.1901.

1. Identification of Agency and Contracting Activity:

Program Office:

Federal Highway Administration Research Development & Technology Office of Safety and Operations (HRSO) 6300 Georgetown Pike McLean VA 22101-2296

Contracting Activity:

Federal Highway Administration Office of Acquisition & Grants Management (HCFA) 1200 New Jersey Avenue, SE Washington, D.C. 20590

2. Nature and/or Description of Action Being Approved:

FHWA proposes to enter into a firm fixed-price contract to acquire electromagnetic spectrum test equipment manufactured by Keysight Technologies, Ltd. using the simplified procedures for certain commercial items under Federal Acquisition Regulation (FAR) Part 13.5.

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

The test equipment required to support the U.S. DOT next generation radio program include (1) a network enabled Real Time Spectrum Analyzer, with a frequency range of 2 Hz to 50 GHz (Keysight Model N9042B-550), (2) a Vector Signal Generator (Keysight Model M9484C), and (3) a Handheld Microwave Analyzer with a frequency range up to 18 GHz, a measurement bandwidth of 100 MHz, built in GPS receiver, power meter, and spectrum analyzer, and with ability for remote control (Keysight Model N9917B).

Additional components include two noise generators (Keysight Model U1833A and U18833C) used for calibrating the aforementioned equipment.

The total estimated amount for the acquisition is $540,000.

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

The United States Department of Transportation (DOT) makes this Justification for Other Than Full and Open Competition pursuant to Federal Acquisition Regulation (FAR) 13.501 using the format at FAR 6.303-2, modified to reflect that the procedures in FAR Subpart 13.5 in accordance with 41 U.S.C.1901.

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

The U.S. DOT has a need to conduct testing of the electromagnetic spectrum to assess the possibility of in-band and out-of-band interference with communications technologies established by the Federal Communications Commission (FCC) for Intelligent Transportation Systems (ITS) Services in the 5.9 GHz Safety Band (5.895 – 5.925 GHz).

This technology is known as Cellular Vehicle-to-Everything (C-V2X) and uses the PC5 Interface, wherein devices communicate directly with each other without requiring a base station. The PC5 Interface was developed by the 3rd Generation Partnership Project

(3GPP).

The FHWA Saxton Transportation Operations Laboratory (STOL), located at the Turner- Fairbank Highway Research Center (TFHRC) is tasked with conducting the spectrum testing. Prior to 2022, the U.S. Army Aberdeen Test Center (ATC), Aberdeen, MD, provided field test support while the National Telecommunications and Information Administration (NTIA) Institute for Telecommunications Sciences (ITS Boulder, CO) provided additional expertise and laboratory measurements. The STOL acquired a pre-amplifier, field Vector Spectrum Analyzer, and other devices to augment the equipment provided by ATC.

In 2022, ATC notified U.S. DOT and STOL that it would no longer be able to support spectrum testing due to an increase in DoD work. With the loss of ATC support, STOL began renting test equipment, including a Real Time Spectrum Analyzer, Vector Signal Generator, Handheld Microwave Analyzer, and noise generators, to fulfill test equipment requirements. Unfortunately, the equipment was often not available for planned testing, was expensive to rent, and on occasion was not in working order when received. These issues led to impacts on the schedule and cost of testing. After reviewing the impacts on critical testing, a decision was made to purchase the necessary items to support the U.S.

DOT next generation radio program requirements.

The need to purchase Keysight Technologies, Ltd., test equipment is based on three factors: minimize testing overhead by maintaining compatibility with existing equipment in-house and in partner laboratories, minimize staff training requirements on new systems, and ensure that the system meets all of the equipment operating parameters to support the full range of current and planned spectrum tests. Maintaining the same brand and similar model to NTIA equipment allows the transfer of equipment specific measurement setups and data between the two labs for comparative analysis.

https://www.transportation.gov/content/safety-band https://en.wikipedia.org/wiki/Cellular_V2X https://en.wikipedia.org/wiki/3GPP

6. A description of 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 solicitation for the required Keysight Technologies, Ltd. test equipment will be posted on SAM.gov and conducted as a full and open competition.

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

The Contracting Officer will conduct a price analysis to determine price reasonableness prior to award.

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

Keysight Technologies is the original equipment manufacturer. On their website they appear to sell the equipment and also list distributors and three resellers (Tevet, Testmart, and NSCA Technology). Neither the manufacturer nor any of their re-sellers offer the required equipment on a GSA schedule contract.

Source Business Type GSA Schedule? Can/Cannot meet

Requirement

KEYSIGHT

TECHNOLOGIES INC

UEI:

NNMLTBU9E5H3

Large No Yes, original equipment manufacturer

TEVET LLC

UEI:

CQLFMKPGRUQ3

Service Disabled Veteran Owned Small Business (SDVOSB)

SBA Certified HUBZone

No, Vendor confirmed the required equipment is not available on their GSA Schedule Contract.

Yes, authorized original equipment re-seller

TECHNICAL

COMMUNITIES, INC

DBA: TESTMART

UEI:

MCQUYM6GHNJ5

Small Business No, GSA Schedule Contract is for MEDICAL

EQUIPMENT AND

SUPPLIES, which is not what we are buying.

Yes, authorized original equipment re-seller

NSCA Technology

UEI: FJHUJNJW92F3

SDVOSB

No Yes, authorized original equipment re-seller

9. Any other facts supporting the use of other than full and open competition, such as:

(i) Explanation of why technical data packages, specifications, engineering descriptions, statements of work, or purchase descriptions suitable for full and open competition have not been developed or are not available.

(ii) When 6.302-1 is cited for follow-on acquisitions as described in 6.302- 1(a)(2)(ii), an estimate of the cost to the Government that would be duplicated and how the estimate was derived.

(iii) When 6.302-2 is cited, data, estimated cost, or other rationale as to the extent and nature of the harm to the Government.

When notified by ATC that they would no longer be able to provide support for spectrum testing, the U.S. DOT spectrum team initiated discussions with ATC and NTIA ITS Boulder to document the test equipment that would need to be rented or purchased to fulfill required testing. The spectrum team also relied on expertise within the team to outline the requirements for both on-going and future testing. This was an iterative process, as the telecommunications industry, specifically the Mobile Network Operators (MNOs), was advocating to expand the concept of interoperable V2X to include cellular network communications and satellite communications. These concepts would introduce new portions of the electromagnetic spectrum that would need to be assessed through field testing.

The spectrum team also reviewed the technical data sheets for Real Time Spectrum Analyzers. Based on the input of experts in spectrum testing and the listed technical parameters, the Keysight Model N9042B-550 was identified as fully capable of meeting both current and anticipated future testing requirements. The use of additional Keysight Technologies, Ltd., components will ensure a fully integrated test system and minimize software requirements. This recommendation was also validated by the success of field test performed using rented equipment.

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

FHWA reached out to Tevet LLC via email to see if the required equipment was available on their GSA schedule contract. Tevet LLC expressed their interest in and capability to fulfill FHWA’s needs, however, the required equipment is not available on their GSA Schedule contract.

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:

As technologies and the marketplace evolves, the program office will continue to monitor the environment for new manufacturers and solutions that provide specifications that satisfy FHWA’s requirements.

12. Contracting Officer’s Certification that the Justification is Accurate and Complete to the Best of the Contracting Officer’s Knowledge and Belief:

The signature of the Technical or Requirements Personnel on the following Approvals Signature Page constitutes a certification that all the supporting data that forms the basis of this justification is complete and accurate. The signature of the Contracting Officer on the following Approvals Signature Page constitutes a certification that the justification is accurate and complete to the best of the Contracting Officer’s knowledge and belief.

Approvals Signature Page

Based upon the preceding information, I hereby recommend approval of this Justification for Other than Full and Open Competition.

Deborah Curtis, Contracting Officer’s Representative Office of Safety and Operations

Daniel Confer, Contracting Officer Office of Acquisition and Grants Management