JOFOC.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN

COMPETITION

FAR6.303-2

1. Identification of the agency and the contracting activity, and specific identification of the document as a "Justification for other than full and open competition."

The Bureau of International Narcotics and Law Enforcement Affairs' section in the Republic of Panama (INL ), proposes to enter into a contract on a basis of other than full and open competition for telephones, using a "brand name description". INL is responsible for the development, supervision, coordination, and implementation of international narcotics control assistance activities and international criminal justice issues for the U.S. Department of State (DOS). INL's Office in Panama City, Panama provides policy guidance and develops, executes, and monitors programs to address the full range of issues as they relate to rule of law and justice in Panama.

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

This action supports a simplified acquisition for a "brand name" product (Apple cell phones, with contract value of less than $24k) to meet INL essential mission requirements. The effective period of this JOFOC is 36 months from date of approval, in order to allow for additional purchases needed for new personnel, and for scheduled and unscheduled life-cycle replacements of existing phones. The US Embassy cellphone contract is managed by the GSO procurement section through a different/separate contracting action. All agencies and US Embassy offices seeking participation in the voice/data services contract must purchase their cellphones and incorporate the equipment with the GSO selected service provider. Phones procured

. through this JOFOC meet technical specifications for incorporation into the existing voice/data services contract.

3. A description of the supplies or services required to meet the agency's needs (including the total estimated value).

INL-Panama has determined that, based on a thorough review of mission requirements, and market research, only one specified manufacturer of equipment (Apple) will satisfy the section's needs for cellphones. This justification is for "Apple" branded cellphones, and not/not for a specific model or series, in order to allow the Office Director to approve the procurement of programs' specific phone features such as size, etc. Initial purchase is for 1 0 phones, with the potential to acquire an additional 10 phones over the next 36 months to meet organizational growth and life-cycle replacements. Total acquisition is estimated at less than $24,000 over the 36 month period.

4. The statutory authority permitting other than full and open competition.

The statutory authority permitting other than full and open competition on the basis of"brand name" is FAR 6.302-1(c) (1). "Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements."

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

"Apple" phones provide a unique and exclusive technical characteristic that meets INL security requirements. "Apple" is the only manufacturer that controls the entire security-chain, including software, firmware, hardware, and user applications. This control of the total cellphone's environment and Operating System affords user a higher degree of security and reduces vulnerabilities; which is consistent with INL's requirements. Other phones manufacturers only manufacture the phone, and depend on third party providers (i.e.

Android) to develop the Operating System and security patches, creating an unstandardized environment where not all models and brands of cell phones are approved by manufacturers to use latest versions of Operating Systems and latest security patches. Therefore, other sources do not/not meet INL mission requirements. Selecting "Apple" brand cell phones is consistent with the decisions of a myriad of US Federal agencies, including the Department of State and "Apple" is the only provider that will satisfy the requirement. This procurement action is not/not affected by lack of advance planning, issues concerning funding availability, or the expiration of funds.

6. A description of efforts to ensure that offers were solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies.

Due to size/price/cost (<$15k) there is no requirement for public solicitation, but the procurement action will include the applicable number of price estimates and quotes to validate pursuit of best cost/value. This "Brand Name" product is available from multiple commercial vendors that will be afforded the opportunity to compete to fulfill potential orders. The INL-Panama procurement team will ensure that, in collaboration with GSO section, offers are solicited from as many potential sources as possible. As required by F ARs, the acquisition will contain brand name specifications and the Contracting Officer will include with the solicitation the justification or required documentation.

7. A determination by the contracting officer that the anticipated cost (including the cost of options) to the Government will be fair and reasonable.

The Contracting Officer determines that the anticipated price(s) will be fair and reasonable based on offerings from multiple local and US vendors, including GSA pre-negotiated pricing. This transparency and high volume of "brand name" product offerors, allows for determination of fair and reasonable pricing before negotiations start.

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.

During the market research phase, the requestor analyzed product/service information on the technical capabilities of the product and prices/costs within the marketplace to satisfy agency needs. Research included, but was not limited to, internet searches, interviews with IT professionals, and evaluation of current and approved US Embassy cellphones.

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

This action is consistent with the Department of State's Bureau of Information Resource Management migration to "Apple" products for use in the OpenNet environment.

10. A listing of any sources that expressed a written interest in the acquisition.

N/A

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

INL will comply with the Department of State's Bureau ofinformation Resource Management efforts to overcome any barriers to competition, before any subsequent acquisition.

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Certification

Req uisitioner:

I certify that the facts and representations under my cognizance, which are included in this justification and which form a basis for this justification, are complete and accurate.

~~ <~V Contracting Officer:

#J_gr Date

I certify that this justification is accurate and complete to the best of my knowledg d belief.

~ ~ate Program Official (or designee):

I certify that the facts and representations under my cognizance, which are included in this justification and which form a basis for this justification, are complete and accurate.

;£,~ 7-1-t{, (Rhonda Slusher) Date

Competition Advocate (if> $650,000 but not exceeding $12.5 million):

Not Applicable.

Head of Contract Activity (> $12.5 million but not exceeding $85.5 million):

Not Applicable.

Senior Procurement Executive (if over $85.5 million):

Not Applicable.