SSJA_24q53_redacted.pdf

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

March 2023 Page 3 of 4March 2023 Page 3 of 4 support ( )

9. PS-XSUP-AESN1 AEO Solution Support Days to be delivered over 12 months from order of if attached to a solution, solution delivery )

10. N9029AV99 Accessories for mm-wave systems, SAX and SGX ( ) with:

· Return to Keysight Warranty - 1 year.

· N9029AV04-LPF WR4.3 Low pass waveguide filter, 170-215 GHz from VDI

· N9029AV04-HPF WR4.3 High pass waveguide filter, 215-260 GHz from VDI

IV. Statutory authority permitting other than full and open competition.

DAFFARS 5313.501 - 10 U.S.C. 3572, Implementation of Simplified Acquisition Procedures (41 U.S.C. 1901)

V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above (applicability of authority).

In support of requires an integrated terahertz device characterization testbed that can operate at 170-260

GHz. Currently, Keysight Technologies, Inc. is the only known commercial entity that offers a custom integrated solution consisting of a 4-port Vector Network Analyzer (VNA) with phase coherent wideband signal analysis up to 40 GHz, fully calibrated wideband signal source for device characterization at measurement port, VNA extender modules specifically designed to work with the wideband VNA, integrated software applications for amplifier measurement parameters and application support. Keysight Technologies, Inc. is behind the few existing testbeds in the world at millimeter wave and terahertz devices and there are no other known commercial vendors that offers an integrated solution as detailed above to meet the Government's requirement. requires this advanced device characterization testbed to characterize and evaluate the contract deliverables from such as 200 GHz Indium Phosphide (InP)/Silicon Integrated Circuits transceiver arrays. If this testbed as required is not obtained, it would hinder the ongoing cutting-edge research and development activities in terahertz band communication systems as well as the validity of the results will be diluted without a thorough study through laboratory experiments.

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

The Government's intent to award a sole-source contract for the required Vector Network Analyzer System directly to Keysight Technologies, Inc. was posted to the SAM.gov website in the form of a presolicitation notice between the dates of 08 April 2024 and 23 April 2024. No responses were received to the NOCA to indicate that any other sources aside from Keysight Technologies, Inc. are interested in or capable of fulfilling the Government's requirement. It is therefore in the best interest of the Government to make a sole-source award to Keysight Technologies, Inc. for this requirement.

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

Market research yielded that the bottomline price quoted by Keysight Technologies, Inc. direct for this requirement in an informational quote that was included in the package is more favorable than the pricing available through Keysight authorized small business resellers by at least Accordingly, a sole-source approach to Keysight Technologies, Inc.

direct was pursued. Further research has yielded that while the Keysight Technologies, Inc. direct's bottomline pricing for this requirement is more favorable as compared to pricing available from Keysight authorized small business resellers, GSA pricing for certain items as offered through authorized small business reseller Technical Communities is lower. Accordingly, the Government intends to negotiate a discount with Keysight Technologies, Inc. off of their proposed open market pricing. The negotiated pricing will ultimately be compared to the open market pricing in accordance with FAR 13.106-3(a)(2)(iii), in order to determine it fair and reasonable.

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

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VIII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

The required items are available from at least two small businesses; however, due to the applicability of the non-manufacturer rule at this dollar value with no class waiver, doing as a small business set-aside would preclude the small business resellers from being able to offer large business Original Equipment Manufacturer (OEM) Keysight's products.

A competitive solicitation would ultimately have to be done on an unrestricted basis in order to allow the small business resellers to provide large business OEM Keysight's products. Doing this on an unrestricted basis would allow Keysight direct to participate in the competition as well. Based on the aforementioned informational/market research quotes obtained from two (2) of Keysight's authorized small business resellers, it's evident that Keysight direct is able to offer the most favorable pricing to the Government for this requirement by at least . Therefore, a competitive solicitation in the open market is unlikely to yield any benefit to the Government since Keysight would be the likely awardee in any case, based on price. Accordingly, a sole-source award to Keysight direct (a LB) is recommended.

IX. Any other facts supporting the use of Other Than Full and Open Competition.

There are no other facts supporting this justification.

X. List of any sources that expressed, in writing, an interest in the acquisition.

Keysight Technologies, Inc.

XI. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before making subsequent acquisitions for the supplies or services required.

The Government will continue to research the performance and technical capabilities of similar products against future requirements to avoid omitting other qualified sources. The market will be monitored for future availability of additional providers.

XII. Certification by the Contracting Officer.

As evidenced by my signature above, I have determined this document to be both accurate and complete to the best of my knowledge and belief.

XIII. Certification by the technical/requirements personnel.

As evidenced by my (our) signature(s) above, I (we) certify that any supporting data contained herein, which is my (our) responsibility, is both accurate and complete.