JOFOC FAR Part 13 Acquisition - 3dB Labs_Redacted.pdf

Justification for Other than Full and Open Competition – FAR Part 13 Acquisitions under the SAT

V 1.5 (14 March 2023)

UNITED STATES (U.S.) DEPARTMENT OF ENERGY (DOE)

Savannah River Site (SRS)

Aiken, SC

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

This justification is prepared in accordance with FAR 6.303-2(b).

1. IDENTIFICATION OF AGENCY AND CONTRACTING ACTIVITY.

The DOE-SRS Office of Technical Security Operations plans to contract with 3dB Labs, Inc. by means of other than full and open competition. DOE-SRS Office of Acquisition Management will execute the action.

2. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED.

This procurement action is for a sole-source contract with 3dB Labs for its MONARCH System paired with SCEPTRE Pro software. A firm-fixed priced contract will be awarded in accordance with FAR Part 13.106-3. The required items are needed for sensitive operations supporting the SRS, including the Savannah River National Laboratory (SRNL) and other high-profile trusted activities. The purchase of the identified equipment is in the best interest of SRS.

3. DESCRIPTION OF THE SUPPLIES OR SERVICES REQUIRED TO MEET THE AGENCY’S

NEEDS (INCLUDING THE ESTIMATED VALUE).

The Office of Technical Security provides technical advice, assistance, and security recommendations to SRS managers, leadership, and decision makers as it pertains to protecting DOE equities in furtherance of environmental cleanup.

The supplies required to meet the Agency’s needs will be procured from 3dB Labs, which will provide one (1) MONARCH laptop system (MONARCH-LT-17-PRO-ITAR-USG-X300TT-12TB) with SCEPTRE Pro software (SCEPTRE-PRO-ITAR-USG) and one (1) MONARCH 8-element antenna array (MONARCH-8EAA-6G-12) with coverage from 150 MHz to 6 GHz. The required system and software can perform harmonic combining and beamforming, which are capabilities the Office of Technical Security requires no later than 01 September 2024. The supplies will meet the requirements in terms of the Agency’s needs as described above. The total price including shipping is .

4. AN IDENFICATION OF THE STATUTORY AUTHORITY PERMITTING OTHER THAN FULL

AND OPEN COMPETITION.

In accordance with Competition in Contracting Act, 41 U.S.C. 253(c)(1), and implemented by FAR 6.302-1, other than full and open competition is authorized when there is only one responsible source, and no other supplies and services will satisfy agency requirements.

Justification for Other than Full and Open Competition – FAR Part 13 Acquisitions under the SAT

V 1.5 (14 March 2023)

5. A DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE QUALIFICATIONS

OR THE NATURE OF THE ACQUISTION REQUIRES USE OF THE AUTHORITY CITED .

3dB Labs is the only vendor that provides a system (hardware) and software combination capable of performing harmonic combining and beamforming as this technology combination is proprietary. 3Db Labs provides these unique supplies in accordance with their data and patent rights which makes the supplies available from only one source. In addition, these supplies meet the exact needs of the government as required by DOE and SRS. The 3dB Labs MONARCH system and SCEPTRE Pro software will allow the Office of Technical Security to scale a tailored system to meet the needs and technical requirements spelled out in DOE Order 470.6. 3dB Labs is the only vendor offering this capability capable of meeting the Government’s requirement since this is the only vendor that combines SCEPTRE Pro software on a custom system with custom hardware in a turnkey format to monitor, process, and archive signals and energy within a given space. Additionally, 3dB Labs is the only vendor that offers systems allowing the users to leave unattended for days or weeks with its built-in, real-time analysis, solution for remote access, RF surveying, post-event analysis monitoring to persistently observe, analyze, and assess RF spectrums.

6. A DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE SOLICITED FROM

AS MANY POTENTIAL SOURCES AS IS PRACTICABLE.

Extensive market research was conducted by the Headquarters U.S. Department of Energy, Office of Technical Security to identify other vendors that can provide a hardware agnostic system and a system capable of performing harmonic combining and beamforming in support of

No other vendor is uniquely qualified to supply the proprietary equipment and software that can be provided by 3dB Labs, Inc. In accordance with FAR 5.203(a), a Notice of Intent to Sole Source will be posted to SAM.gov for a period of five (5) business days.

7. A DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED COST

TO THE GOVERNMENT WILL BE FAIR AND REASONABLE.

A search of FPDS.gov revealed one purchase order for 3dB Labs’ MONARCH laptop system, which was procured under contract W912CM22P0017 in FY22 for . Additionally, there was one purchase order for the SCEPTRE Pro Software issued to 3dB Labs under contract H9225722P0068 in FY22 for . The total price of these item, when purchased separately, was , which is higher than the proposed price. Based on the above comparison of the proposed price with prices found reasonable on similar purchases, the Contracting Officer has determined that 3dB Labs’ proposed price of is fair and reasonable in accordance with FAR 13.106-3(a)(2).

8. A DESCRIPTION OF THE MARKET RESEARCH CONDUCTED.

Market was conducted by the Headquarters U.S. Department of Energy, Office of Technical Security concluding mid-2023. Guidance was provided to subordinate site level technical security operations managers on 18 August 2023. DOE and NNSA are in phase II of implementing the use of 3dB Labs MONARCH Systems paired with SCEPTRE Pro software to meet the requirements spelled out in DOE Order 470.6, dated 2 September 2015. 3dB Labs MONARCH Systems paired with SCEPTRE Pro software was selected through research and development due to its platform being extremely capable, feature rich, and hardware agnostic. Based on the above guidance from DOE HQ’s Office of Technical Security no additional market research was conducted by the DOE-SRS Office of Technical Security.