Brand Name Justification SOL.doc

U.S. DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

BRAND NAME JUSTIFICATION

SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS

AUTHORITY: FAR 13.501(a)(1)(ii)

PR/SOL/CONTRACT # 140A2321Q0074

Control # 21-0032

1. Identification of the agency and the contracting activity, and specific identification of the document as a “Brand Name Justification.”

Contracting Activity: This document is a justification for other than full and open competition for the Department of the Interior, Bureau of Indian Education (BIE), Indian Education Acquisition Office.

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

Requirement: X New Modification to existing order Follow-on Requirement Pricing: X Firm-Fixed Price Other _____________ Time & Materials

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

· The BIE has a requirement to fulfill recurring iPad needs for its schools and offices. It is estimated that as many as 8,000 total iPad tablets may be needed in a variety of configurations and models over the life of this contract. The quantities stated herein are best estimates only. The exact quantities needed are unknown and may vary.

· The objective is to award multiple Indefinite Delivery Indefinite Quantity (IDIQ) contracts to purchase new Brand Name Only Apple iPad Tablets and Accessories that complies with the Buy Indian Act. This acquisition will provide a standard method for all of Bureau of Indian Education to purchase new tablets in limited quantities or as part of a uniform lifecycle replacement.

· The anticipated period of performance: Date of Award – December 31,2021 with four option years.

The estimated value of the proposed action is for $7,00,000.00 over a base year plus four (4) one (1) year options.

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

FAR 13.501(a)(1)(ii)

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

· Apple offers 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. Due to the COVID pandemic, the BIE is transitioning more to virtual learning for our school curriculums. As a result, schools within the BIE has purchased Apple products for our students. Necessarily, the organization has considerable investments in IT support processes, technical knowledge, abilities and operational tools associated with Apple products. Therefore, proposed offers for endpoint equipment must be Apple brand.

· In an attempt to maximize competition and increase actions awarded to Indian Economic Enterprises (IEEs) within Indian Country, the agency has identified at least seventeen (17) Indian Small Business Economic Enterprise (ISBEE) authorized resellers who have the unique capability to provide new Apple products from Original Equipment Manufacturer (OEM) that will be proposed under the issued solicitation. These ISBEE authorized resellers will ensure all products are genuine and eligible for any OEM warranties, maintenance agreements and licensing as offered. Further, they have the capability to simultaneously deliver large volumes of products to multiple locations, nationwide.

· Failure to limit the technical specifications to the Apple Band Name Only as provided herein would have a detrimental effect on the entire BIA OIMT and BIE. Previous testing and configuration of other than Apple brand products 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. Purchasing any product other than those requested jeopardizes the BIE’s school ability to provide adequate virtual classes which will be detrimental to the students’ and schools’ academic curriculum.

6. A description of efforts made to ensure that offers are 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.

· Market research was conducted. According to the Government’s vetted Apple Authorized Reseller list, there are a total of seventeen (17) Native American ISBEE authorized resellers of Apple products.

· Based on the results of the market research herein, there is a reasonable expectation that quotes will be received from at least two (2) responsible ISBEE vendors at a fair and reasonable price.

· Extent of Competition: This procurement will be Set Aside 100% for ISBEEs.

· Pursuant to FAR 13.501(a)(iv), this justification shall be posted with the solicitation (see 5.102(a)(6)).

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

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. The contracting officer determines that the anticipated price(s) will be fair and reasonable based on competitive quotations received in response to the issued solicitation.

8. A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

· Refer back to Section 6 above.

9. Any other facts supporting the use of justification of other than full and open competition, such as: None.

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

Apple Approved Authorized Reseller list

Aetos Systems INC.

All Native Group

All Point Logistic LLC Alutiiq Information Management AMG Company INC.

BCW Group LLC

Bighorse Resource Group

Cherokee Federal

Computer Solution

Copper River

Eagle Medical Service LLC

NAIS (Native American Industrial Solutions

Navajo in Sight Technologies

Nova Corporation

Odin International

Osage (AKA Tallgrass) Regency Consultants

11. A statement of any 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.

The apple product IOS meets and is the standardization for all of Indian Affairs Government Furnished tablets. The Government will consider expanding to other brands in the future if and or when current circumstances change.