JOFOC r.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

PURCHASE REQUEST NO. NB305000-24-01267

1. Identification of the agency and the contracting activity.

Department of Commerce National Institute of Standards and Technology Acquisition Management Division 325 Broadway M.S. 194.00 Boulder, CO 80305

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

Brand Name Justification for other than Full and Open Competition prepared in accordance with FAR 13.501(a) and in order to issue an acquisition under the authority of FAR 13.5 Simplified Procedures for Certain Commercial Items. This justification is necessary to meet the needs of the NIST by acquiring a sampling oscilloscope with a 100 GHz bandwidth for use in developing new ultra-fast metrology of thermal transport at the nanoscale. This requirement supports the NIST CHIPS program to monitor and measure the synchronization of the pulsed EUV source and the RF Source with at least a 100 GHz bandwidth without introducing any significant timing jitter. 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 the estimated value).

The Contractor shall provide one (1) 100 GHz, 2-channel Sampling Oscilloscope with Precision Time Base. The estimated value of this requirement is $REDACTED.

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

The statutory authority permitting Brand Name acquisition is made pursuant to FAR 13.5, Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 and 41 U.S.C. 3304(e).

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

Keysight is the only known vendor that can provide a commercial sampling oscilloscope that operates up to 100 GHz. Furthermore, no other vendor can achieve such high frequencies with a timebase jitter of 100 femtoseconds. Such a capability is highly unique and specialized.

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 Federal Acquisition Regulation (FAR) subpart 5.2, and, if not, which exception under

5.202 applies.

In accordance with FAR 5.203, a Sources Sought was posted to SAM.gov, seeking sources that could meet NIST’s requirements. The notice stated NIST requires Keysight Brand Name Only products and invited vendors to identify any aspects of our notice that could be viewed as unduly restrictive. The notice was posted on May 21, 2024, with a response date of June 03, 2024, stating all responsible sources interested may identify their interest and capability.

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable and the basis for that determination.

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. They will rely on commercially available pricing information, the Independent Government Cost Estimate, adequate competition, and their independent judgment to make that determination.

8. A description of the market research conducted (FAR part 10) and the results or a statement of the reason market research was not conducted.

Market research was performed from January 2024 through June 2024, which included searches of mandatory sources, conversations with NIST colleagues, and internet searches. One vendor (REDACTED) was located on GSA Schedules as an authorized Keysight reseller, this vendor also stated they are capable of providing the same solution on the open market.

A Sources Sought was posted to SAM.gov on May 21, 2024, with a response date of June 03, 2024, seeking sources that could meet NIST’s requirements. Two vendors (REDACTED and REDACTED) responded to the notice, both of which provided technically acceptable Keysight name brand solutions.

9. Any other facts supporting the use of other than full and open competition (FAR 6.302(a) (9)).

N/A

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

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 same supplies or services.

The Acquisition Management Division will closely scrutinize any requirements for subsequent acquisitions and ensure that any competition restrictions 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.

Justin Shaw, Contracting Officer Representative, NIST

Contracting Officer:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Forest Crumpler, Contracting Officer, NIST

FOREST CRUMPLER

Digitally signed by FOREST

CRUMPLER

Date: 2024.06.28 13:58:22 -04'00'

JUSTIN SHAW Digitally signed by JUSTIN SHAW Date: 2024.07.15 10:17:19 -06'00'