JOFOC 0000306.pdf

Requisition Number: DJF-20-2200-PR-0000306 Version 1.0 Page 1 of 3

FEDERAL BUREAU OF INVESTIGATION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN

COMPETITION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION IN ACCORDANCE WITH (STATE

AUTHORITY 41U.S.C. 3304(a)(1) Requisition Number: DJF-20-2200-PR-0000306

Date: August 14, 2020 Estimated Contract Dollar Value: $XX,XXX.XX

1. Identification of the agency and contracting activity.

The U.S. Department of Justice, Federal Bureau of Investigation, National Acquisition Programs Unit has prepared this justification for other than full and open competition to acquire Keysight Technologies RF analysis equipment on behalf of the Critical Incident Response Group (CIRG).

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

A one-time, sole source, firm-fixed price contract shall be awarded to Keysight Technologies (Colorado Springs, CO) for Radio Frequency (RF) analysis equipment. A Notice of Intent (NOI) to Sole Source will be posted on the beta.SAM.gov website for this requirement, which will publicize the FBI’s intent to issue an award to Keysight Technologies. This announcement will also give an opportunity for other vendors to demonstrate their ability to meet the FBI’s specific needs through a submission of their technical capabilities and cost information for consideration prior to an award being issued.

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

The FBI has a requirement for Keysight Technologies name brand RF analysis equipment. This requirement is in support of both of CIRG’s laboratories. This purchase is for equipment which is being integrated with existing Keysight brand equipment, and software upgrades for existing laboratory equipment. This supports laboratory and field level Radio Frequency development and testing required for the program. Keysight Technologies equipment is already in use in both laboratories. The same brand of equipment for purposes of software licenses, equipment commonality and communication networking, and reliability of operation, measurement, and testing is required to support FBI operationally fielded equipment throughout the country.

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

Requisition Number: DJF-20-2200-PR-0000306 Version 1.0 Page 2 of 3

The statutory authority permitting other than full and open competition is 41 U.S.C.3304 (c)(1) 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.”.

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

The Keysight Technologies equipment is required to maintain interoperable and networkable laboratory equipment between 2 separate laboratories, and within each laboratory itself. These labs support FBI equipment and missions around the country.

The equipment is built for radio frequency (RF) and signal analysis, and is heavily dependent on expensive software to allow multiple pieces of equipment to be connected together, capability upgrades to deal with new technology, and software to allow analysis by the operator. Vendors use proprietary, license-based software, and are not designed to work with other vendors equipment or software. Several million dollars has already been invested with Keysight equipment by CIRG, so to procure other vendor equipment will impede operational support work from being done, due to interoperability and compatibility issues amongst different brands of equipment. This will ultimately increase, time, effort, and cost required to effectively support CIRG operational missions.

Utilization of non-Keysight Technologies RF analysis equipment would require additional costs to replace existing Keysight Technologies equipment and software, maintain compatible equipment, and provide new training for personnel to learn how to operate new brands of equipment. Procuring this type of highly technical equipment from multiple vendors of non-compatible products will increase costs to the CIRG, negatively impact mission effectiveness, strain existing resources, and negate the utility and value of the investment already made with current laboratory equipment.

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.

A Notice of Intent (NOI) to Sole Source will be posted on the beta.SAM.gov website for this requirement, which will publicize the FBI’s intent to issue an award to Keysight Technologies.

This announcement will also give an opportunity for other vendors to demonstrate their ability to meet the FBI’s specific needs through a submission of their technical capabilities and cost information for consideration prior to an award being issued.

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.

The anticipated dollar value of this award shall not exceed $XXX,XXX.XX. Prior to issuing an award, the Contracting Officer will determine that the proposed price is fair and reasonable in accordance with FAR 13.106-3.

Requisition Number: DJF-20-2200-PR-0000306 Version 1.0 Page 3 of 3

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

Significant market research was conducted through internet searches, GSA schedule pricing, and direct quotes from Keysight Technologies. For government sales, Keysight products are available direct from Keysight, and through other GSA resellers, such as testmart.com. Prices of other similar products have similar prices, but would not be compatible with software licenses, tools, and existing CIRG owned equipment. In addition, the upgrade software licenses are available only direct from Keysight Technologies.

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

Please see section five (5) above.

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

A Notice of Intent (NOI) to Sole Source will be posted on the beta.SAM.gov website for this requirement, which will publicize the FBI’s intent to issue an award to Keysight Technologies. This announcement will also give an opportunity for other vendors to demonstrate their ability to meet the FBI’s specific needs through a submission of their technical capabilities and cost information for consideration prior to an award being issued.

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

The FBI will continue to monitor the marketplace to identify new sources that are capable of meeting current or future program requirements, and conduct a thorough review to identify or remove barriers to competition, to the maximum extent possible.