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Notice Type: Notice of Contract Action – Oscilloscope and Spectrum Analyzer Calibrations – Keysight Technologies

DISCLAIMER AND NOTICE: This is a courtesy Notice of Contract Action only and does not constitute a commitment, implied or otherwise, that AFTC/PZZG, will take procurement action in this matter. This is NOT a request for proposals, applications, proposal abstracts, or quotation. This courtesy Notice of Contract Action only shall not be construed as an obligation on the part of the Government. Further, the Government will NOT be responsible nor reimburse any submitters of information for any cost incurred in furnishing this information. The Government reserves the right to use information provided by respondents for any purpose deemed necessary and legally appropriate. Any organization responding to this notice should ensure that its response is complete and sufficiently detailed. Information provided will be used to assess tradeoffs and alternatives available for the potential requirement. Respondents are advised that the Government is under no obligation to provide feedback to respondents with respect to any information submitted.

Justification, Statutory Authority: FAR 13.501(a) – 41 USC 1901- Only one responsible source and no other supplies or services will satisfy agency requirements.

Contract Award Date: TBD

Contract Award Number: TBD

Synopsis:

This is a Sole Source synopsis published for informational purposes only.

The United States Air Force Test Center/Directorate of Contracting (AFTC/PZZG), Edwards AFB, CA intends to issue a sole source contract to Keysight technologies for the Oscilloscope and Spectrum Analyzer Calibrations requirement.

The contract will be executed by means of other than full and open competition, as the manufacturer, Keysight Technologies, is the only known vendor able to provide this service, as this is proprietary in nature. Potentially going through another vendor will put this equipment at risk since there are no authorized Keysight calibration or repair resellers. Servicing this equipment by an unauthorized vendor could possibly degrade the integrity of the system as the electronic test and measurement instruments are highly technical and very sensitive. The Government Support Specialist of Keysight Technologies stated via email that they do not currently have any authorized 3rd parties for calibration or repair. In addition, a Sole Source Letter was provided on 31 March 2023 stating that service performed by parties other than a Keysight Authorized Support Provider could invalidate Keysight warranties and the terms of the contract proposal. While Keysight Technologies, Inc. cannot submit that they are the only vendor who can supply repair and maintenance services, they can make sole source claims on the following:

• Keysight is the sole source for factory-recommended replacement parts

• Keysight is the sole source provider of Keysight's Proprietary software updates

• Keysight is the sole source provider of Keysight Factory Authorized training for Keysight Factory Authorized service representatives

• Keysight is sole source for proprietary factory recommended upgrades and service notes

• Keysight is the sole source contact for factory authorized escalation services to resolve difficult problems. This includes escalation to Keysight's factory for expertise and possibly include replacement of an instrument, if deemed necessary by Keysight.

Additionally, Keysight has been identified as an efficient and reliable provider of similar services for Oscilloscope Calibration requirements, with the most recent award being FA930223P0033, awarded 1 May 2023 also as a single source award to Keysight Technologies. The Government does not perceive the benefits as outweighing the duplication costs which would result from a new source for this requirement. Keysight, as the proprietary manufacturer, has the ability to meet mission schedules and most importantly, mission requirements and specifications for the unique calibration services necessary.

The authority permitting other than full and open competition is 41 USC 1901 - FAR 13.501(a) Supplies may be deemed to be available only from the original source in the case of a follow-on contract for the continued development or production of a major system or highly specialized equipment, including major components thereof, when it is likely that award to any other source would result in-

1. Substantial duplication of cost to the Government that is not expected to be recovered through competition; or


2. Unacceptable delays in fulfilling the agency's requirements.

It is recommended to obtain a solution to this requirement from Keysight Technologies. This requirement is to proceed as a single source acquisition due to the need for continuity with the current proprietary equipment and manufacturing performed by Keysight Technologies, who was considered technically acceptable to meet the government requirement. As a result, it has been determined to be in the best interest of the Government to proceed with a single source acquisition to Keysight Technologies, the proprietary vendor for this Oscilloscope and Spectrum Analyzer Calibration requirement.

Contractors must be registered in System for Award (SAM) at www.sam.gov

Please submit all questions, comments and feedback regarding this notice via e-mail to the following Points of Contact by the deadline of 12:00 pm PDT on 18 April 2024:

• Mr. Adam R. Confer, Contracting Officer, Email: adam.confer.2@us.af.mil


• Ms. Suzanna Kussman, Contract Specialist, Email: suzanna.kussman@us.af.mil

No telephone responses will be accepted. Any information submitted by respondents to this Notice of Contract Action is strictly voluntary. To the maximum extent possible, please submit non-proprietary information. Any proprietary information submitted should be identified as such and will be properly protected from disclosure. No classified information shall be submitted. Any response submitted by respondents to this Notice of Contract Action constitutes consent for that submission to be reviewed by Government personnel.

The Air Force Test Center has appointed an Ombudsman to consider and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. Concerned parties should address their concerns, issues, disagreements, and/or recommendations to the Contracting Officer for resolution prior to consulting the Ombudsman. Additionally, Air Force Federal Acquisition Regulation (AFFARS) 5352.201-9101 – Ombudsman, will be included in any potential solicitation and contract for this acquisition. The AFTC Ombudsman contact information is as follows: Air Force Test Center Vice Commander 1 South Rosamond Blvd, Edwards AFB, CA 93524-3784. Phone Number (661) 277-2810, Facsimile Number (661) 277-7593, Email: aftc.workflow@us.af.mil.

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