TESTING EQUIPMENT REDACTED.pdf

SENSITIVE BUT UNCLASSIFIED

September 29, 2020

SOLE SOURCE JUSTIFICATION FOR SIMPLIFIED ACQUISITIONS

FAR PART 13.501(A) (1) (II)

1. Identification of the agency and the contracting activity:

In accordance with Federal Acquisition Regulation (FAR) 13.501(a)(1) in accordance with 41 U.S.C. 1901, the Office of Acquisition Management proposes to award a purchase order on the basis of other than full and open competition with Rhode and

Schwarz, USA Inc., for the acquisition of testing equipment. REDACTED.

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

REDACTED proposes a sole-source, Firm-Fixed-Price purchase order to Rhode and

Schwarz, USA Inc., to keep-up with evolving technology and mitigate technical security threats REDACTED. REDACTED.

The REDACTED is in a dire need of this test equipment to be in line with

National Cybersecurity requirements and carry out its core mission REDACTED.

REDACTED. Without the REDACTED, the REDACTED may not be able to serve its core function of REDACTED testing and quantify the risks associated REDACTED systems/equipment.

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

The Government is need of purchasing a REDACTED, an advanced ICT test equipment to evaluate and validate REDACTED. No company other than the manufacturer of the equipment provides this highly technical test equipment that meets the Government requirements.

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

This action is in accordance with Federal Acquisition Regulation (FAR) 13.501(a) (1) in accordance with 41 U.S.C. 1901.

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

Rohde & Schwarz is the only manufacturer that can provide this highly technical and proprietary equipment REDACTED.

The equipment manufacturer, Rohde & Schwarz is the only technically acceptable and expert company that can provide spectrum signal generator. The equipment is proprietary to Rohde & Schwarz and the software is written to support the specific hardware components. Therefore, Rohde & Schwarz is the only manufacturer to produce this specialized equipment.

REDACTED.

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. The REDACTED Division and the program office conducted market research on key words identified in the product description that may identify other potential vendor and, this effort provided no evidence of alternative service provider due to the specific nature of the equipment, deeming the vendor as “sole source.”

7. A determination by the contracting officer that the anticipated cost to the

Government will be fair and reasonable. Note: dollar amounts may not exceed statutory limitations for the commercial items test program identified in FAR

13.500.

REDACTED. The vendor pricing is consistent with Rohde & Schwarz offers to its commercial customers. The Contracting Officer determines that the procurement cost is fair and reasonable based the established market price. There are no anticipated issues that would circumvent a fair and reasonable price determination. By signing the justification, the Contracting Officer determines that the cost/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.

REDACTED has conducted a comprehensive market research with Rohde & Schwarz, USA Inc., DSI, NSA, and Army Intelligence. The government entities did not make a recommendation.

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

No other information is provided to support the use of other than full and open competition.

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

None.

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 Office of Acquisition Management and REDACTED Division will continue to keep abreast of the market research to understand when it will be in the best interest of the

Department to compete this requirement in the future.