Justification vf.pdf

Limited Sources Justification Enterprise Services Office of Acquisition

1401 Constitution Avenue NW Washington, D.C. 20230

SOLE SOURCE JUSTIFICATION FOR SIMPLFIED ACQUISITIONS

FAR Part 13.501(a)(1)(ii)

Control Number: FY23-41

1. Identification of the agency and the contracting activity:

Program Office: National Telecommunications and Information Administration Institute for Telecommunication Sciences

325 Broadway Boulder, CO 80305

Contracting Activity: Department of Commerce Enterprise Services - Acquisition

1401 Constitution Ave, NW Washington, D.C. 20230

In accordance with Federal Acquisition Regulation (FAR) 13.501(a)(1) in accordance with 41 U.S.C. 1901 or the authority of 41 U.S.C. 1903, the Department of Commerce (DOC) proposes to award a brand-name purchase order on the basis of other than full and open competition for Keysight Technologies products on behalf of the National Telecommunications (NTIA) and Information Administration’s Institute for Telecommunication Sciences (ITS). The total estimated cost is $285,000.00.

2. The nature and/or description of the action being approved.

The Department of Commerce plans to enter into a contract on behalf of the National

Telecommunications and Information Administration (NTIA) in a manner other than full and open competition on the basis that there is only one responsible source, in this case brand, and no other supplies or services will satisfy agency requirements. This is a new firm-fixed price contract action for Keysight Technologies products including a Keysight N9042B UXA mmWave Signal Analyzer and supporting items. The purpose of this justification is to obtain these services for use in the Institute for Telecommunication Sciences’ (ITS) millimeter-wave radio spectrum and communications RDT&E (research, development, test, and engineering) programs.

The contracting activity will conduct a competitive acquisition for this device and related licenses. This is a new contract award for a commercial product. The total value is estimated to be $285,000.00 for the Keysight N9042B UXA with required options and accessories.

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

The Keysight N9042B UXA will be used to support internal research and engineering projects that examine more universal technical attributes of millimeter-wave telecommunications and to support externally-funded RDT&E activities to address sponsor issues and challenges that are relatively narrow in scope and quickly resolved. The total estimated value of this solution is estimated to be $285,000.00 and it shall be delivered within 6 months from the date of the order.

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

The statutory authority permitting other than full and open competition is FAR

13.501(a)(1)(ii), only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

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

Brand-name acquisition of the specified Keysight product is required for compatibility with ITS-developed custom radio frequency measurement system command and control software as well as ITS’ existing custom-developed data processing software.

ITS’ custom command and control software includes our Radio Spectrum Measurement Sciences (RSMS) software based on MATLAB and the National Instruments Virtual Instruments Software Architecture (NI VISA) and our millimeter-wave and DoD propagation measurement software based on Python, Python VISA (PyVISA), and Keysight VISA.

ITS’ custom command and control software utilizes the unique Keysight implementation of SCPI (Standard Commands for Programmable Instrumentation) commands. Nearly all SCPI commands used in ITS custom software are not interoperable between different manufacturers’ equipment. Use of any other brand product would require a complete rewrite of existing ITS’ command and control software to accommodate different required SCPI commands.

Furthermore, some of ITS’ custom-developed data processing software is based on unique Keysight data structures. Use of any other product would require a complete rewrite of the data processing algorithms that are based on these unique Keysight data structures.

6. A description of the efforts made to ensure that offers are solicited from as many potential sources as is practicable, include whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies.

This requirement is being publicized through the government point of entry site sam.gov as a combined synopsis/solicitation in accordance with FAR part 12.603.

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

The Contracting Office determines that the anticipated price(s) will be fair and reasonable based on comparison of proposed prices with independent Government cost estimates and comparison of proposed prices received in response to the solicitation. By signing the justification, the Contracting Officer makes a determination that the price to the Government are expected to be fair and reasonable.

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

The Government has performed market research via the following methods: review of internet resources/catalogs, contacts with other federal government representatives, electronic communications with industry including electronic mail and phone conversations, and application of the Governments subject matter expert knowledge of the market for these items. Products offered by Keysight Technologies were found to be the only products available capable of meeting the Government’s requirements. Multiple resellers of these products have been identified through various existing government-wide acquisition vehicles. To maximize industry opportunity, the Government is posting this requirement open market.

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

Not applicable.

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

Not applicable.

11. A statement of any actions the agency will take to remove or overcome any future barriers to competition before any subsequent acquisition for the supplies or services required.

The Department will continue to look for ways via market research to identify any areas of its systems and processes that may be appropriate for competitive procurements. The brand name manufacturer of Keysight products and accessories resells these items through multiple vendors and the Department will compete this requirement amongst them.

12. Program Official’s and Contracting Officer’s Certification that the justification is accurate and complete to the best of their knowledge and belief:

Based on the above information, it is determined to be in the Government’s best interest to acquire the Keysight N9042B UXA analyzer with 50 GHz frequency range and 2 GHz bandwidth in order to accomplish ITS’s current and projected millimeter-wave RDT&E activities. By signing below, the Program Official and the Contracting Officer certify that this justification is complete and accurate to the best of his/her knowledge.

Jeff Wepman Date Program Official

Ronald Greene Date Contracting Officer