Notice of Intent to Sole Source - LTE System UE Warranty

The National Institute of Standards and Technology (NIST) Acquisition Management Division intends to negotiate with Viavi Solution Inc., located in Germantown, Maryland on a sole source basis under the authority of FAR Subpart FAR 13.106-1(b)(1) for 4G/5G traffic generator hardware and software support services. Statutory authority for sole source is 41 U.S.C. 3304(a)(1), Only one responsible source. The statute is being implemented using simplified acquisition procedures under the authority of 41 U.S.C.

1901. The sole source determination is based on the Government’s market research which determined only Viavi Solution Inc. can provide the hardware and software support services that meet all the requirements of the attached draft statement of work. The 4G/5G traffic generator is a NIST-owned device. Viavi Solution Inc. is the original equipment manufacturer and does not authorize resellers or other vendors to support or license its products.

The hardware and software are proprietary and cannot be reliably nor legally serviced, nor warrantied, by other service providers. The NAICS Code is 541519—Other Computer Related Services, with a Size Standard of $34.0M. NIST anticipates negotiating and awarding a firm-fixed-price purchase order to Viavi Solution Inc. for this requirement.

Interested parties that can demonstrate they could satisfy the requirement listed above for NIST must clearly and unambiguously identify their capability to do so in writing on or before the response date for this notice. This notice of intent is not a solicitation. Information submitted in response to this notice will be used solely to determine whether competitive procedures could be used for this acquisition. If competitive procedures are not used it is estimated that an award will be issued by 6/30/2024.

Any questions regarding this notice must be submitted in writing via email to daniel.kent@nist.gov. All responses to this notice of intent must be submitted to daniel.kent@nist.gov no later than 5/31/2024 at 5:00 p.m. MST.