Oscilloscope_Brand Name Justification -Redacted.pdf

Keysight Infiniium UXR Oscilloscope Purchase Request No.: 57-1014-26 / 1301352027 J&A No.: J&A13.501-26-TS09

DEPARTMENT OF THE NAVY

NAVAL RESEARCH LABORATORY

4555 OVERLOOK AVE SW

WASHINGTON, DC 20375-5320

Purchase Request No.: 57-1014-26 / 1301352027 J&A No.: J&A13.501-26-TS09

Estimated Cost:

Justification for Other than Full and Open Competition Under Simplified Procedures for Certain Commercial Items in Accordance with Federal Acquisition Regulation (FAR) 13.5

On the basis of the following, I, as the Contracting Officer, hereby approve the use of a brand name contractual action pursuant to the authority of: 41 U.S.C. 1901 41 U.S.C. 1903

1. Contracting Activity

The Naval Research Laboratory’s (NRL) Contracting Division, Code 1320, proposes a brand name requirement for Keysight Technologies, Inc. (Keysight) parts, accessories, and licenses under simplified procedures for certain commercial items in accordance with FAR Subpart 12.2.

The instrument to be procured from Keysight Technologies is the Keysight Infiniium UXR oscilloscope, a state-of-the-art instrument with bandwidth up to 110 GHz (W-band) with 4-channel configurations.

2. Description of the Action Being Approved

This action requests approval for the use of other than full and open competition, on a brand name basis, as implemented by FAR 12.102 for the procurement of a UXR0404BP Oscilloscope, subcomponents, and licenses. This instrument will allow Code 5710 to characterize phenomena up to W band in bench and chamber set-ups, increasing branch’s current capability to a higher frequency range that is currently not achievable with existing infrastructure. This procurement also includes Vector Signal Analysis supporting base software, which seamlessly integrates with the UXR-Series oscilloscope, and a calibration module for W band.

3. Description of Supplies/Services

The required oscilloscope is a test and measurement tool that will be used to visualize and analyze the spectral content (frequency characteristics) of radar signals. The NRL will utilize this oscilloscope to identify system design issues, optimize performance, and understand signal behavior from adversarial radar systems. The signal analyzer and its associated accessories and licenses will be integrated into existing Electronic Warfare (EW) system suites.

The Infiniium UXR oscilloscope offers unparalleled performance, with ultra-low noise and the highest signal fidelity available in the market, enabling engineers and scientists to observe and understand even the fastest phenomena. The UXR-BP is a state-of-the-art instrument with bandwidth up to 110 GHz (W-band) with 4-channel configurations. The instrument will enable characterization capabilities up to W band in bench and chamber set ups, which will enhance Code 5710’s current capability to a higher frequency range, currently not achievable with existing infrastructure.

The Keysight Infiniium UXR-BP oscilloscope is configurable up to have 110 GHz of real-time oscilloscope bandwidth. Due to cost considerations, the UXR-BP will allow Code 5710 to reach up to 110 GHz with 5MHz bandwidth windowing. Larger bandwidth windows (10, 20 GHz, etc.) are an additional cost which are currently not being considered, but can be added at a later point if there is a need. The UXR-BP has high-definition 10-bit analog-to-digital converter (ADC), with full bandwidth and channel upgradability and the industry’s highest Effective Number of Bits (ENOB), which measures the real-world performance of an Analog-to-Digital Converter (ADC) or digital signal system, capturing errors from noise, distortion, and jitter, at all supported bandwidth. As previously stated, this procurement also includes Vector Signal Analysis supporting base software, which seamlessly integrates with the UXR-Series oscilloscope, and a calibration module for W band.

It is estimated that delivery of the UXR-BP will occur within 17 weeks after receipt of the purchase order, and software delivery will occur within five weeks after receipt of purchase. The Government’s minimum needs have been verified by the certifying technical and requirement personnel. This oscilloscope, accessories, and licenses are estimated to be , which will be funded with FY26 Capital Improvement Program (CIP) funds.

4. Statutory Authority Permitting Other Than Full and Open Competition

The authority for permitting other than full and open competition is 41 U.S.C. 1901(e)(2), implemented by FAR 12.102(b).

41 U.S.C. 1901 41 U.S.C. 1903

5. Rationale Justifying Use of Cited Statutory Authority

Market research was conducted per FAR 10.001 to identify potential sources for an oscilloscope, subcomponents, and licenses that meets the Government’s technical needs. Initial market research determined that Keysight, the original equipment manufacturer (OEM) of the required items, and its authorized resellers/distributors, are the only vendors that could meet the Government’s technical requirements. Further market research revealed multiple authorized resellers/distributors of Keysight equipment. Because there are multiple authorized resellers/distributors, the Government will pursue this procurement on a brand name basis. A small business set-aside is not appropriate because the Non-Manufacturer Rule (NMR) requires the small business to either manufacture the product itself, supply a product manufactured by another small business if it is a nonmanufacturer, or supply the product of any sized manufacturer if the Small Business Administration (SBA) has granted a waiver to the NMR. Keysight the OEM, is a large business, and the SBA has not granted a waiver under

NAICS 334515.

Keysight equipment is the only equipment identified that can meet the Government’s requirements for a multi-channel, W band, low signal noise oscilloscope with measurement capabilities. Keysight is the only vendor in the market that currently manufactures an oscilloscope with multichannel and W band capabilities due to their custom ASICs and FPGAs along with their custom software packages.

Keysight’s Infiniium UXR oscilloscope offers unparalleled performance, with ultra-low noise and the highest signal fidelity available in the market. Additionally, Keysight’s custom software package allows NRL engineers to work off of an existing successful software base layer. Any other non-OEM software package would require re-development of code or code integration, effectively duplicating the initial software development phase, resulting in substantial duplication of costs and significant unplanned labor costs and schedule overruns, and impacting overall budget and delivery timelines.

The estimated duplication of effort is 2,000 labor hours resulting in a cost of approximately $270,000.00 and approximately one year of delay.

The Contract Specialist has determined through market research that the required products offered by Keysight are commercial in nature, valued greater than the SAT, but less than $9.0 million, and as such, this action permits the use of FAR 12.201-1.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable

Market research was performed through contacting knowledgeable individuals in Government, conducting internet searches, contacting the Keysight directly, and other instrumentation companies such as Rohde & Schwarz. Code 5710, routinely monitors the commercial marketplace and maintains up-to-date knowledge of current market solutions through conferences, trade shows, seminars, and publications such as Institute of Electrical and Electronics Engineer (IEEE) Communications and Journal of Electromagnetic Defense (JED). Keysight is the only manufacturer that currently offers a multi-channel, W band off the shelf oscilloscope that meets the requirements of augmenting characterization capabilities for Code 5710.

It has been determined that Keysight equipment is the only brand technically acceptable that meets NRL’s required specifications. Market research identified that while the OEM (Keysight) does not hold a GSA Schedule, at least one authorized small business reseller (Tevet) does. However, due to the Non-Manufacturer Rule (FAR 19.505) and the absence of an SBA waiver for NAICS 334515, a small business set-aside is not permissible. To ensure the Government receives the best value and allows for competition between the OEM and all of its authorized resellers (both on and off GSA), the Government will pursue this effort through the open market on an unrestricted brand name basis.

7. Determination of Fair and Reasonable Cost

The Contracting Officer has determined that the anticipated cost to the Government for the equipment covered by this J&A is fair and reasonable through adequate price competition (FAR 12.204(a)), or through the use of other price analysis methods. The Government identified multiple authorized resellers/distributors for Keysight equipment and has a reasonable expectation of competition based on the market research conducted.

8. Actions to Remove Barriers to Future Competition

For the reasons set forth in Paragraph 5, NRL has no plans at this time to compete future contracts for the type of equipment covered by this document. Code 5710 routinely monitors the commercial marketplace using the internet and publications to stay informed on current state-of-the-art laboratory equipment alternatives that could be used to further work at NRL. If another potential source emerges or new technology is developed, which can advance future research, NRL will assess whether competition for future requirement is technically feasible and reasonably priced.

In accordance with FAR 12.202(b)(1)(iii) this justification, redacted as necessary, will be made publicly available with the solicitation.

CERTIFICATION AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance which are included in this Justification and its supporting acquisition planning documents, except as noted herein are complete and accurate to the best of my knowledge and belief.

LEGAL REVIEW

I have determined this Justification is legally sufficient.

CONTRACTING OFFICER CERTIFICATION

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

COMPETITION ADVOCATE APPROVAL

Upon the basis of the above justification, I hereby approve, as the Competition Advocate, the solicitation of the proposed procurement described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304(c)(1).