Brand_Name_Justification.pdf

Department of the Interior Bureau of Indian Affairs / Bureau of Indian Education

BIE Business Support Center

JUSTIFICATION for OTHER than FULL and OPEN COMPETITION

(JOFOC)

Prepared in accordance with the requirements at FAR 6.303-2

REGULATORY GUIDANCE

In accordance with FAR 6.303-1(a), a contracting officer shall not commence negotiations for a sole source contract, commence negotiations for a contract resulting from an unsolicited proposal, or award any other contract without providing for full and open competition unless the contracting officer has done the following:

1. Justified the use of such action in writing, if required (see FAR 6.302);

2. Certified the accuracy and completeness of any justification required;

3. Obtain the necessary approval as required by FAR 6.304.

Pursuant to this regulatory guidance, this justification has been prepared and satisfies each of the above mandated actions, and contains sufficient facts and rationale to justify the use of the specific authority cited herein.

CONTENTS OF THE JOFOC (in accordance with FAR 6.303-2)

(1) This JOFOC is in support of the Bureau of Indian Affairs (BIA), Office of Information

Management Technology (OIMT). The contracting activity is the BIA Central Office, A16.

(2) BIA is issuing a competitive Indian Small Business Economic Enterprise (ISBEE) set-aside, intended to result in a firm-fixed Indefinite Delivery – Indefinite Quantity (IDIQ) contract (or contracts). BIA is seeking a Brand Name Only approval to limit the specifications to Dell and Hewlett Packard (HP) products, as identified in the specifications.

(3) BIA will be purchasing laptop computers, desktop computers, and printers. The estimated value for the ordering period of the contract is $60,000,000.00.

(4) The statutory authority permitting other than full and open competition is FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. The brand name products covered by this JOFOC will be Dell computers and HP printers.

(5) Dell and HP offer unique compatibility with the requirements of the Government. These requirements are provided as technical specifications and contain key hardware and functional components for standard configurations. More than 85% of personal computers (PC) in the IA enterprise consists of Dell laptops and desktop computers.

Necessarily, the organization has considerable investments in IT support processes, technical knowledge, abilities and operational tools associated with this equipment. The same is true for HP network printers that are in use. Therefore, proposed offers for endpoint equipment must be Dell brand and network printers must be Hewlett Packard brand.

Department of the Interior Bureau of Indian Affairs / Bureau of Indian Education

BIE Business Support Center

(6) This JOFOC will be posted to the Government Point of Entry (GPE), AKA www.beta.sam.gov, when the solicitation is posted in accordance with FAR 6.305(c). All ISBEE vendors capable of providing the equipment specified in the solicitation will be eligible for award.

(7) ISBEE vendors have routinely been providing this IT equipment to BIA via individual purchase orders at fair and reasonable prices. The anticipated cost to the Government for this IDIQ will also be fair and reasonable, based on the sheer quantity and competitive environment of the acquisition.

(8) A Request for Information (RFI) posted by BIA to www.fbo.gov in September 2018 identified multiple ISBEE sources for the purchase of this equipment.

(9) Any other facts supporting the use of other than full and open competition:

(i) In order to fully support Homeland Security Presidential Directive 12 - Policy for a Common Identification Standard for Federal Employees and Contractors, the use of Dell branded computers and peripherals in conjunction with HP brand name printers have been determined essential by OIMT.

(ii) N/A

(iii) Failure to limit the technical specifications to those brands listed herein would have a detrimental effect on the entire BIA OIMT. Previous testing and configuration of other than Dell branded computers and peripherals has been determined to be problematic, with outstanding unresolved challenges in which OIMT has been unable to resolve after applying rigorous troubleshooting, including extensive escalation through past vendors’ technical support.

(10) There were 5 ISBEE vendors that responded to the RFI:

Chenega Technical Innovations, LLC Delaware Resource Group of Oklahoma, LLC Eagle Harbor Solutions Flatwater Solutions Company Puyenpa Services, LLC

(11) The specifications for IT Equipment will be reviewed each year at the time of option exercise to determine if there are any actions, if any, the agency may take to cease requiring Brand Name items.

PREPARED BY:

Adam Lowery Senior Contract Specialist Bureau of Indian Affairs