Brandname Justification_Redacted.pdf

FORM CD-492 U.S. DEPARTMENT OF COMMERCE

(REV. 02-21) OAM

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

I recommend that the Department of Commerce negotiate only with

(Proposed Contractor(s)) for

(Description of Supplies o

Requisition No. Cost Estimate

(Include basic contract period and all options or total systems life costs)

Requesting Activity Contracting Activity

CERTIFICATION REQUIREMENTS

I certify that the attached narrative justification is accurate and contains complete data necessary to support the recommendation for other than full and open competition.

The requisitioner further certifies that the attached narrative justification verifies the Government's minimum needs or schedule requirements and any rationale used to justify other than full and open competition procedures.

Requisitioner (Name and Title) Phone No. Date

Use of this form is optional when: the justification contains all information required by FAR 6.303-2, is certified by the requisitioner and contracting officer and is approved at the appropriate levels.

Before requesting this acquisition, state the statutory authority for conducting this acquisition under "other than full and open competition" procedures in the following blank (use only one statutory authority). Also provide a narrative justification to this form. In accordance with FAR Subpart 6.3, the narrative justification must include the facts necessary to reasonably and legitimately lead to the use of the specific authority for other than full and open competition; including adequate information on the nature and/or description of the action being approved and a description of the supplies or services required to meet the agency's needs.

STATUTORY AUTHORITY

41 USC 3304(a)(1) - Only one responsible source and no other supplies or services will satisfy agency requirements.

The supplies or services required by the agency are available from only one responsible source and no other type of supplies or services will satisfy agency requirements.

41 USC 3304(a)(2) - Unusual & compelling urgency

The agency's need for the supplies or services is of such an unusual and compelling urgency that the government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals. (NOTE: This authority will not be approved if it is determined that the urgency is due to a lack of advance planning by the requiring activity. Solicitation from as many potential sources as is practicable under the circumstances is required.)

41 USC 3304(a)(3) - Industrial mobilization; engineering, developmental, or research capability; or expert services

It is necessary to award the contract to a particular source or sources in order (a) to maintain a facility, producer, manufacturer, or other supplier available for furnishing supplies or services in case of a national emergency or to achieve industrial mobilization; (b) to establish or maintain an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and development center; or (c) to acquire the services of an expert or neutral person for any current or anticipated litigation or dispute.

41 USC 3304(a)(4) - International agreement The terms of an international agreement or a treaty between the United States and a foreign government or international organization, or the written directions of a foreign government reimbursing the agency for the cost of the acquisition of the supplies or services for such government, have the effect of requiring the use of procedures other then competitive procedures.

41 USC 3304(a)(5) - Authorized or required by statute

A statute expressly authorizes or requires that the acquisition be made through another agency or from a specified source, or the agency's need is for a brand-name commercial item for authorized resale.

41 USC 3304(a)(6) - National security The disclosure of the agency's needs would compromise the national security unless the agency is permitted to limit the number of sources from which it solicits bids or proposals.

41 USC 3304(a)(7) - Public interest

The agency head (Secretary of Commerce) determines that it is not in the public interest to use full and open competition in the particular acquisition concerned, and notifies Congress in writing of such determination not less than 30 days before award of the contract.

APPROVAL REQUIREMENTS

Phone No. Date

Operating Unit (OU) Competition Advocate - Not exce

OU Competition Advocate (Name and Title) Signature Phone No. Date

Department of Commerce (DOC) Competition Advocate - Over $750,000 but not exceeding $75 million:

DOC Competition Advocate (Name and Title) Signature Phone No. Date

Senior Procurement Executive (SPE) - Over $75 million:

SPE (Name and Title) Signature Phone No. Date

NOTE: Use the total cost estimate specified on the front of this document in determining the necessary approvals. Each review must be preceded by lower level approval(s), e.g., over $75 million all approvals are required.

Untitled note: The National Institute of Standards and Technology (NIST) requires the acquisition of one (1) Keysight N7786C Polarization Synthesizer for integration into its quantum component measurement suite. This instrument is essential for advancing NIST’s quantum network testbed and for supporting critical research in the characterization and control of polarization states within optical fiber links—core components of emerging quantum communications infrastructure.

The Keysight N7786C is uniquely capable of enabling precise characterization of polarization state fidelity and will be used in tandem with machine learning algorithms developed in-house to compensate for real-time polarization drift. This functionality is integral to achieving high measurement accuracy and reproducibility in support of current and future quantum networking standards.

This acquisition must be fully compatible with NIST’s existing testbed architecture, including proprietary software libraries and physical interconnects already tailored to Keysight instrumentation. The introduction of an alternative polarization synthesizer would necessitate significant modification to both hardware and software components of the current setup. This would result in substantial delays to project timelines, increased labor costs, and risk to ongoing research continuity. In particular, using a non-compatible synthesizer would require the redevelopment of customized control software, revalidation of test protocols, and potential redesign of the physical integration interfaces—none of which are feasible within current project constraints.

For these reasons, the Keysight N7786C is the only known instrument that meets the agency’s minimum technical requirements without requiring major changes to the existing infrastructure. Restricting competition on a brand-name basis is therefore justified in order to ensure continuity of research operations, protect prior investments, and avoid unnecessary duplication of cost and effort.

This justification is submitted in accordance with applicable acquisition regulations and reflects NIST’s commitment to efficiency, performance, and scientific integrity in its procurement actions.