Brand_Name_Justification_Keysight_Equipment.pdf

FEDERAL BUREAU OF INVESTIGATION

• FINANCE DIVISION I PROCUREMENT SECTION

JUSTIFICATION AND ApPROVAL (J&A) FOR OTHER THAN

FULL AND OPEN COMPETITION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION IN ACCORDANCE WITH 41 U.S.c. 3304

(A) (1)

Requisition Number: DJF-21-0700-PR-0001419

Date: 4/30/2021 Estimated Contract Dollar Value: _

1. Identification of the agency and contracting activity.

The U.S. Department of Justice, Federal Bureau of Investigation, Science and Technology Contracts Unit has prepared this justification for other than full and open competition for advanced data recovery hardware/software developed by Keysight Technologies for benefit of the TEDAC/Technical Exploitation Unit (TExU), Laboratory Division (LD).

2. The nature and/or description of the action being approved, i.e., sole source, limited competition, establishment of a new source, etc.

The proposed action is to acquire Keysight name brand equipment. This procurement will be advertised on the beta.SAM.gov website as a brand name only, open market, requirement.

Authorized resellers of the Keysight products will be encouraged to submit a competitive quotation. The resultant contract is intended to be awarded as a one-time, firm-fixed price, purchase order.

3. A description of the supplies or services required to meet the agency's needs.

This request is for Keysight units which replaces outdated equipment. It includes updated hardware and software releases that will also function with already purchased measurement modules that are still being supported by Keysight, as well as free technical and applications support. The Keysight Technologies hardware/software is a specialized solution, and the older versions of their products has proven to be highly reliable and effective within the Laboratory Division. The newer version and additional modules for these products will enhance TExU'S capabilities. Furthermore, this solution allows for greater productivity and efficiency with our custom software which is used for test automation.

Requisition Number: DJF-21-0700-PR-000 1419 Version 1.0 Page lof5

4. The statutory authority permitting other than full and open competition.

The statutory authority permitting other than full and open competition is 41 U.S.C.3304 (c)(l) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1 entitled, "Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements."

- Application for Brand Name.

5. Demonstrate the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority.

TExU presently uses Keysight equipment for our forensic examinations of electronics. As a result, TExU has written custom software, custom scripts and technical documentation with Keysight equipment as the focal point. Hundreds, if not thousands of man-hours are based around Keysight equipment's graphical user interfaces and equipment functions.

TExU has written custom software and scripts that are designed to address devices that are unique to TExU. The software is written to communicate, process and parse data that is generated by Keysight equipment. It would take hundreds of man hours to re-design the software.

Buying different name brands would also change our technical documentation. TExU has several hundred hours, and many pages of technical documentation based on Keysight equipment graphical user interfaces and known functionality. A different brand name would force are-write of our technical documents. A different name brand would also mean re-training of our technical staff.

A different brand name would also reduce the interoperability of our instruments in the lab.

Interoperability of our instruments allows one instrument to be replaced by another instrument without problems. It also allows technicians to follow one set of technical documentation.

Introducing another name brand of instrument enhances the risk of error by using the wrong documentation or software. This also enhances the complexity of software development and storage which would enhance the risk of test errors.

The Specific Characteristics of the Keysight equipment needed that limit the availability to a brand name requirement are:

• (19) Keysight MXR104A Real Time Oscilloscopes

• (19) Keysight N5172B RF Signal Generators

• (19) Keysight 34461A Digital Multimeters

• (19) Keysight 33612A Waveform Generators

• (19) Keysight N9020B Signal Analyzer

• (19) Keysight E36234A DC Power Supplies

• (19) Keysight D9010BSEO Infiniium Offline Base Software

Requisition Number: DJF-21-0700-PR-000 1419 Version 1.0 Page 20f5

• (19) Keysight D9010LSPO Infiniium Offline Low Speed Protocol Software

• (19) Keysight N7026A High Sensitivity Current Probes

• (19) Keysight N2795A Active Probes

• (19) Keysight N2804A Differential Probes

• (5) Keysight PS-XSUP-AENSNl AEO Solution Support Days

• (19) U1818A 100 KHz to 7 GHz Active Differential Probe

• (19) E2676B Probe head - 6GHz InfiniiMax single end browser

• (10) N2881A DC blocking cap, Qty 2

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.

Competition is anticipated for this acquisition in the form of a brand name only request for quote, to be published on beta.sam.gov, and set-aside for small businesses. In accordance with FAR 5.301, this action will be synopsized on beta.sam.gov and the Brand Name Justification will be made publicly available.

7. The anticipated dollar value of the proposed acquisition, including options if applicable, and a determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

Before awarding a contract, the Contracting Officer will perform a price analysis in accordance with FAR 15-804-2(a)-(e).

8. A description of the market research conducted and the results.

The market research that was conducted through internet searches and calling vendors.

Market Research found several distributors of Keysight Technologies equipment. The government was able to identify at least three (3) SAM.gov registered small businesses that can provide the Keysight equipment needed.

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

There are no other supporting facts.

10. A listing of any sources that expressed a written interest in the acquisition.

This requirement will be posted on the beta.SAM.gov website, as a brand name only, open market requirement.

11. A statement of any actions the agency may take to remove or overcome any barriers to competition, if subsequent acquisitions are anticipated.

Requisition Number: DIF-21-0700-PR-0001419 Version 1.0 Page 3 of5

The Government will continue to research the market to obtain as many available sources as required in accordance with the FARto ensure that there are other vendors out there that can satisfy this requirement. To ensure that the barriers of competition are avoided, TEDACjTechnical Exploitation Unit (TExU), Laboratory Division (LD) will continue to seek possible competition by conducting continuous market research to ensure that the Government is up to date on new technologies.

Requisition Number: DJF-21-0700-PR-0001419 Version 1.0 Page 40f5