att-06a_jefo_apple_Redacted.pdf

Public Health Service

TRAC Generated Memo

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health National Heart Lung and Blood Institute

Date: 04/15/2019 From:

Subject: JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY - APPLE

Please review and approve the Apple JEFO for NHLBI Lifecycle Refresh – Laptops, Desktops, and Peripherals. The Statement of Need is also attached.

Note: The DELL JEFO will be routed via email for signature because it requires HCA and Competition Advocate approval as well.

Approved Approved With Comments

Disapproved Complete Complete With Comments

In Progress In Progress With Comments

Attachments: att-01_son.docx att-06a_jefo_apple.doc

Cc:

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History Log

# Name & D/O/C

Instructions Action Needed

Action Status

Received Due Date Completed Comments

4 tman, 3 in, Ty

1 rsons, Request Details TRAC ID Number: 18572 Initiator: (OM/OA) Request Type: Contracts Request Sub-Type: Other Date Request Received: 04/15/2019 Request Due Date: 04/19/2019 Requested By: NHLBI Division/Office/Center Division/Office/Center: OM_OA Requester Name:

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NHLBI Lifecycle Refresh – Laptops, Desktops, and Peripherals Attachment 6a – JEFO - Apple

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

1. Requisition Organization:

a. Contracting Activity:

National Heart, Lung, and Blood Institute, Office of Acquisitions

b. Requesting Office: Information Technology and Applications Center

(ITAC)

c. Project Officer:

2. Nature and/or description of the action being approved. This acquisition is for replacing Apple Mac laptops and associated docking stations, monitors and related IT equipment over four years old.

3. Description of the Requirement:

a. Project title. NHLBI Lifecycle Refresh – Laptops, Desktops, and

Peripherals

b. Acquisition purpose and objectives.

As part of its annual lifecycle refresh, NHLBI requires Apple MacBook Pros and Apple Mac Pros for use with previously purchased Apple Mac equipment.

c. Project background.

The Information Technology and Applications Center (ITAC) directs and implements a broad range of business, research, and clinical informatics programs in support of the biomedical research mission of the NHLBI. It articulates the NHLBI information technology (IT) strategic plan, forecasts future needs, sets, and implements NHLBI IT policies and procedures.

The ITAC defines and executes IT management methodologies, encompassing strategic planning, complex organizational structures, technical project management, and business process modeling and re-engineering.

ITAC plans, monitors, and enforces information and systems security, it also engineers and oversees the day to day operation of the NHLBI information technology and data infrastructures -- including software, servers, storage, networks, databases, websites, and computing and mobile devices. The ITAC Manages IT acquisitions and the associated IT budget for the Institute -- including the Capital Planning and Investment Control process for all the NHLBI IT investments.

The ITAC guides and supports the NHLBI administrative and scientific staff in the development and effective use of IT applications and services, it collaborates with other NHLBI Divisions, Offices, and Centers to identify

IT needs, and to evaluate and implement IT solutions to meet those needs; and it studies, evaluates, and tests new technologies, hardware, software, and information systems.

As part of the mission to provide IT equipment to personnel within NHLBI, ITAC operates an annual Lifecycle Refresh of laptops and computer equipment. In order to support the mission of NHLBI, ITAC supports both Microsoft Windows and Apple Mac operating systems (OS) for its laptop/desktop environment. The MacOS operating system uniquely supports a variety of software that is used in the Institute for scientific computing.

d. Project description. See Attachment 1: Statement of Need

e. Requirement type.

Support services (non-research & development) Supplies/equipment X Information technology (IT) Other (specify): ____________________

f. Type of action.

X New requirement Follow-on Other (specify): ______________________

g. Proposed order type.

X Firm-fixed-price Time and materials Indefinite delivery (specify whether indefinite quantity, definite quantity, or requirements): ___________ Cost Reimbursement: ___________ Other (specify): ________________

h. Acquisition identification number.

CAMS Solicitation #: 75N92019Q0060

i. Total estimated dollar value and performance/delivery period.

Base Amount $6,851.67 Option for Increased Quantity $101,090.13 Total Estimated Dollar Value $107,941.80

Period of Performance: Product shall be delivered within 30 days of contract award.

4. Market Research.

Market Research was conducted by the Government in accordance with the Federal Acquisition Regulations (FAR) Part 10 – Market Research, and it has been determined that Apple, Inc., 1 Infinite Loop Way, Cupertino, CA, is the only equipment and/or supplies with the minimum requirements that are essential to the Government. The market research was performed via the GSA Hallway, CIO-CS, and NASA SEWP V GWAC websites.

See Attachment #10 Market Research See Attachment #5 Potential Sources

5. Identification of the justification rationale [see 16.505(b)(2)] for exceptions to the fair opportunity process.

a. Items Peculiar to one Manufacturer (brand-name). FAR Subpart 16.505(a)(4) Items peculiar to one manufacturer (brand-name).

Apple’s macOS, which is proprietary to Apple and not available as a stand-alone install on non-Apple equipment, is unique in that it operates in a UNIX-like environment. Many scientific computing software tools used by the scientists in NHLBI are only available for UNIX or UNIX-like operating systems. Since Apple’s macOS is based on a variant of UNIX, the Apple MacBook Pro and Mac Pro provide a uniquely appropriate laptop and desktop platform for performing scientific computing.

While using such scientific computing tools within NHLBI is essential, the Institute is also concerned with maintaining a good security posture. The Apple MacBook Pro and Mac Pro have the ability to: 1) be centrally managed and patched, 2) fully support two factor authentication, and 3) fully support running a Virtual Private Network (VPN). This provides the ability to access a scientific computing platform that the NHLBI needs from a laptop or desktop environment, and does so with a security posture equal or better to Windows-based PCs.

6. Determination by the Contracting Officer that the anticipated cost to be fair and reasonable.

The products needed to meet the requirement are provided in the NASA SEWP V GWAC. The Contracting Officer understands that the NASA SEWP V Program Contracting Officer has negotiated fair and reasonable prices offered by the contract holders.

7. Any other facts supporting the justification.

None.

8. Statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made.

a. Removal of barriers to competition.

The requirement can be met by multiple resellers of Apple Mac laptops and desktops.

b. Listing of sources, if any, that expressed an interest, in writing, in the acquisition.

None.

9. Program office certification.

CERTIFICATION: This is to certify that the portions of this justification that have been developed by the undersigned program office personnel, including supporting information and/or data verifying the Government’s minimum needs or requirements, or other rationale for an exception to fair opportunity, are accurate and complete.

Official Name & Title Signature

Project Manager

SEE TRAC APPROVAL

Project Manager’s Immediate Supervisor

SEE TRAC APPROVAL

Head of the Sponsoring Program Office

SEE TRAC APPROVAL

10. Contracting Officer Certification and Approval Signature(s).

CERTIFICATION: This is to certify that the justification for the proposed acquisition has been reviewed and that to the best of my knowledge and belief the information and/or data provided to support the rationale and recommendation for approval is accurate and complete.

Official Name & Title Signature

Contracting Officer SEE TRAC APPROVAL

Section Chief

SEE TRAC APPROVAL