JOFOC_Passive Load Pull System r.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Purchase Request No. NB305000-24-01006

1. Identification of the agency and the contracting activity:

U.S. Department of Commerce, National Institute of Standards and Technology (NIST), Office of Acquisition and Agreements Management, Acquisition Management Division

2. Nature and/or description of the action being approved:

Non-competitive purchase for a passive source-pull/load-pull solution at D-Band frequencies. This purchase is in support of the CHIPS and Science Act of 2022 (CHIPS Act).

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

The CHIPS Research and Development office requires a passive D-Band load-pull system. The system is a measurement solution that allows for the characterization of semiconductor-based transistors under variable source and load terminations. The passive D-Band load-pull system must integrate automated WR6.5 waveguide tuners with integrated couplers to present Gamma load that can reach 0.85 over a phase revolution [0-360 degree] at the waveguide reference plane. The system must include an interface/software to communicate with Keysight PNA-X and VDI waveguide extenders.

The software must support waveguide and on-wafer calibrations and display transistor figure-of-merits and load pull characterization results.

The estimated value of this requirement is $REDACTED

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

41 U.S.C. 3304(a)(1), this statute is being implemented using simplified acquisition procedures under the authority of 41 U.S.C. 1901 for commercial products or services.

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

Focus Microwave is the only vendor that offers an automated passive turner with integrated couplers from 110 GHz to 170 GHz. The tuners can synthesize up to 0.85 gamma load in the waveguide reference plane over a 0-to-360-degree phase revolution.

These unique specifications make Focus Microwave’s product the only solution on the market suitable for the characterization of high-frequency transistors under large-signal and load conditions, which will be used to extract and validate compact transistor models under the CHIPS program.

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:

In accordance with FAR 5.203, a Sources Sought Notice and a Notice of Intent to sole source were posted to SAM.gov seeking sources that could meet the Government’s requirements. The notice stated that if no alternate capable sources were identified, NIST would enter into a noncompetitive contract with Focus Microwave, the only source identified by all previous market research as being capable of meeting NIST’s needs. The notice was posted on June 12, 2024, with a response date of June 20, 2024, stating all responsible sources interested may identify their interest and capability.

7. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer will perform a price analysis and will only award the purchase order if they determine the price to be fair and reasonable. The Contracting Officer will rely on commercially available pricing information, the Independent Government Cost Estimate, and their independent judgment to make that determination.

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:

The Sources Sought notification on SAM.gov yielded two vendors: REDACTED.

REDACTED does not offer a solution that meets NIST’s technical specifications.

REDACTED are inactive on SAM.gov and have no intention of renewing. Thus, NIST intends to negotiate directly with Focus Microwave.

In addition to the sources sought notification, market research involved internet searches and speaking with REDACTED, a competing manufacturer. REDACTED does not offer a solution that meets our requirements for the load-pull solution at D-Band frequencies.

A separate Notice of Intent to Sole Source with Focus Microwave was posted on SAM.gov on June 12, 2024, with a response date of June 20, 2024. No vendors responded to the notice.

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

N/A

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

As explained in Section 8, the following vendors expressed interest, but were not viable sources:

REDACTED

REDACTED

REDACTED

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:

The Acquisition Management Division will closely scrutinize any requirements for subsequent acquisitions and will ensure that any restrictions to competition are adequately supported and documented. In addition, during the expected lifecycle of this equipment, NIST will work to identify additional products that could meet its requirements.

CERTIFICATION

Requisitioner:

I certify that the facts and representations under my cognizance, which are included in this justification, and which form a basis for this justification, are complete and accurate.

Jeffrey Jargon

Reviewed By: Contracting Officer I certify that this justification is accurate and complete to the best of my knowledge and belief.

Donald Collie

JEFFREY JARGON

Digitally signed by JEFFREY

JARGON

Date: 2024.07.08 15:57:14 -06'00'

DONALD COLLIE Digitally signed by DONALD COLLIE Date: 2024.07.09 07:10:45 -04'00'