Redacted_JA.pdf

Version – August 2015

JUSTIFICATION AND APPROVAL MEMORANDUM

Memorandum for Record – Limiting Competition at or below the Simplified Acquisition Threshold

1. Contracting Activity: Department of the Army, AMCOM Contracting Center, Redstone, Attention: MAJ Brian Williams, Contracting Officer, CCAM-GP Redstone Arsenal, Alabama 35898-5280.

2. Description of Action: The U.S Army Test Maintenance Diagnostic Equipment (TMDE) Activity has a requirement to procure seven (7) each copies of R1144A, N7800A Test Management Environment (TME) Lifetime Entitlement Software Licenses.

Nature: New Requirement Follow-on Requirement

Contract Vehicle: Purchase Order Number _PR 11366940 Blanket Purchase Agreement (BPA) Number Order/BPA# against FSS Contract # Order # against Multiple Award IDIQ Contract Name or

Order # against a single award IDC Contract

Modification # to existing PO/TO/DO/Call Order

Pricing/Contract Type: Fixed Price Time & Materials/Labor Hours Cost Reimbursable Hybrid

Funds: Operations & Maintenance, Army (OMA) Other Funds:

FY: _2019

Name of Proposed Contractor(s) and Address:

Keysight Technologies, 1900 Garden of the Gods Road Colorado Springs CO 80901-3423

CAGE CODE: 1LQK8

Brand Name Buy: Yes No

3. Description of Services or Supplies: The U.S Army Test Maintenance Diagnostic Equipment (TMDE) Activity has a requirement to procure seven (7) each copies of R1144A, N7800A Test Management Environment (TME) Lifetime Entitlement Software Licenses. This software is the latest version of TME for use at USATA Reference (S-level) laboratories. The TME license shall be delivered to USATA’s Enterprise Support

Period of Performance: Delivery 00 Days after Award

4. Authority:

FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold

(SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

Or

FAR 8.405-6(a)(1)(i)(B) and 8.405-6(b)(1)Brand Name FAR 8.405-6(a)(1)(i)(A) Urgency FAR 8.405-6(a)(1)(i)(B) Only One Source is Capable FAR 8.405-6(a)(1)(i)(C) Logical Follow-on

Or

FAR 16.505(b)(2)(i)(B) Only One Awardee is Capable FAR 16.505(a)(4) Brand Name FAR 16.505(b)(2)(i)(A) Urgency FAR 16.505(b)(2)(i)(C) Logical Follow-on FAR 16.505(b)(2)(i)(D) Minimum Guarantee

5. Reasons for Authority Cited: In order to perform calibrations to include alignment of Keysight TMDE the use of TME software is required. The TME software from Keysight Technologies is used to support approximately 40,000 pieces of Test and Measuring Equipment ranging from network analyzers and spectrum analyzers, to signal generators and microwave measuring receivers. These test instruments are tested for accuracy and precision to ensure quality during all applications.

The requirements for this software is found in TMDE applications with all Army aircraft, all air defense artillery, and all unmanned aerial vehicles (UAV's). Examples include but are not limited to the following Fire Finder Radar, Sentinel Radar, Patriot Air Defense, SINCGARS, Shadow UAS, and Apache Blackhawk. If this application is not procured, the test maintenance diagnosis equipment used to maintain the Apache, Blackhawk, Radar Systems, Air Defense Systems, and numerous other weapon systems will be negatively impacted, potentially resulting in decreased readiness because the grounding or non-mission capable statue of these systems.

This software was historically purchased on an annual renewal basis, and market research has consistently determined Keysight, as the only capable source to provide this software. USATA is transitioning to perpetual licensing which will eliminate the requirement for an annual renewal.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 do not apply due to the $ threshold, apply and will be followed, or do not apply due to an exception at

5.202(a)(13)(ii)_.

Requirement to post justification in accordance with FAR 8.405-6(b)(3), FAR 13.105(c), or FAR 16.505(a)(4)(iii)(A)

Action is NOT a brand name restriction and is under $150K, no posting required Action is a brand name restriction, under $25K, no posting required Action is a brand name restriction, over $25K. It will be redacted and posted with the solicitation.

Action is a brand name restriction over $25K but will not be posted due to exception:

FAR 6.305(f) FAR 8.405-6(b)(3)(iii)(A) FAR 8.405-6(b)(3)(iii)(B) FAR 8.405-6(b)(3)(iii)(C) FAR 16.505(a)(4)(iii(C)

8. Other Facts: N/A

9. Technical/Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

10. Contracting Officer Certification/Approval:

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon price analysis.

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source is in the best interest of the Government. Additionally, I approve this justification to limit competition subject to the availability of funds and provided that the services or supplies herein described have otherwise been authorized for acquisition.