Attachment B_Brand Name Justification.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION

(OVERSEAS CONTRACTING ACTIVITIES)

1. I recommend that the Office of Acquisition Management use other than full and open competition for the acquisition of 125 total Apple iPhone 16s for (PTC) Program of Technical Cooperation at the U.S Embassy in Riyadh, Kingdom of Saudi Arabia.

This is a brand-name acquisition. The estimated cost is $174,592.50.

2. Nature and/or description of the action being approved.

This action is for the procurement of 125 total Apple 16 model iPhones for (PTC) Program of Technical Cooperation located in Riyadh, Kingdom of Saudi Arabia.

Specification/Model: iPhone 16 Pro

Model: A3293, GB: 256GB

Color: Desert Titanium Device Identifier: MYNK3QN/A

The request for Apple iPhone 16 models exclusively is based on this program’s current mobile device management (MDM) and conditional access policies, which are specifically tuned and optimized for Apple devices.

3. A description of the supplies or services required to meet the agency’s needs.

Currently, there is a need to purchase 125 total Apple 16s iPhones. The iPhones being procured will act as direct replacements for our existing iPhone 11 models, ensuring a seamless transition.

Switching to a different mobile platform would require a complete overhaul of the MDM setup, reconfiguration of conditional access policies, and additional training for users and administrators, which would lead to increased costs, delays, and potential security gaps during implementation.

By continuing with iPhones, we can maintain our current high standards of security and compliance, while minimizing operational disruptions.

4. An identification of the statutory authority permitting other than full and open competition.

41 USC 3304 as implemented through FAR 13.501 (a): Brand Name.

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited (for sole source acquisitions; also required for unusual and compelling urgency where more than one offer will not be solicited).

Only Apple devices can utilize the current MDM setup.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable. The description should include whether a SAM.gov notice was or will be publicized, as required by FAR 5.2, and if not, which exception under FAR

5.202 applies (e.g., blanket waiver provided in DOSAR 605.202-70).

A notice will be posted in SAM.gov. See FAR 5.102(a)(6) for the requirement to post the brand name justification.

7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable

Fair and reasonable pricing will be determined by the Independent Government Cost Estimate (IGCE) and competition.

8. A description of the market survey conducted and the results or a statement of the reasons a market survey was not conducted.

A formal market survey was not conducted; market research was conducted to identify anticipated costs of the designated model of Apple iPhones. No other brand can meet the current conditional access policies and specialized technical requirements.

9. Any other facts supporting the use of other than full and open competition.

None.

10. A listing of sources, if any, that expressed, in writing, an interest in the acquisition.

None.

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 required.

None.

CERTIFICATIONS

I certify that this justification is accurate and contains complete data necessary to support the recommendation for other than full and open competition.

__01\26\2025_____ ________________________________ Date Name:

Title:

Requirements Office:

APPROVALS

Date Name: Nicolas A. Wilhelm

Contracting Officer

A/GA/AMD/RPSO

Date Name: David D. Machen

Branch Chief

A/GA/AMD/RPSO