JA_Brand_Name_Only.pdf

J&A Other Than Full and Open Competition J&A No.: FY15-0291

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Justification &Approval (J&A) Justification For Other Than Full And Open Competition

41 U.S.C. 3304

J&A No.: FY15-0291

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.3 and in accordance with the requirements of FAR 6.303-1, the justification for the use of the statutory authority under FAR Subpart 6.3 is justified by the following facts and rationale required under FAR 6.303-2 as follows:

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), United States Citizenship and Immigration Service (USCIS), Office of Information Technology (OIT), Office of Contracting has prepared this Limited-Sources Justification.

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

(a) Type of action: Firm-fixed price purchase order

(b) Amount: $144,530.00

(c) Type of funding: Operations and Maintenance funds

(d) Year of funding: FY 2015

(e) Other brief descriptive words and phrases: USCIS intends to procure on a brand name only Apple Computer laptops and desktops. The manufacturer owns the proprietary operating system required to develop an App for Apple devices.

3. Description of Supplies/Services.

DHS/USCIS intends to purchase approximately 48 Apple MacBook Pro Notebooks and 2 MacPro Desktops. The total estimated value of these computers is $144,530.00.

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

The statutory authority permitting other than full and open competition is 41 U.S.C.

3304(a)(1) pursuant to FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

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5. Demonstration that the nature of the acquisition require use of the authority cited.

Only one manufacture is capable of providing the Mac Pro and MacBook Pro because they are unique or highly specialized. This brand name specification must be used because:

• The Agency has a need to develop applications for the use of the general public.

As part of that process, USCIS will need to engage in mobile iOS app development (the operating system used on iPads and iPhones). Development in iOS using Objective-C and/or Swift (Apple programming languages) can only take place using an Apple development environment on a Mac. This is because the iOS environment is a closed proprietary platform and Apple does not license development under any other environment.

• As the Apple OS X is a proprietary operating system that is only licensed to run on the Apple proprietary hardware, there are no other products that can meet or be modified to meet the agency’s needs.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

USCIS intends to post a combined synopsis/solicitation on FedBizOpps IAW FAR 12.6.

This justification will posted as an attachment to the solicitation and publically available pursuant to FAR 6.305 on FedBizOpps on or about 8/11/2015.

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

The contracting officer determines that the anticipated price(s) will be fair and reasonable based on price competition.

8. Description of market research.

Market Research was conducted to determine if another manufacturer’s product could be utilized to develop the Apple App. Based on the results of this research it was determined the App could only developed on a computer using the Apple operating system. It was further determined there to be multiple Apple resellers from which the Government can obtain the laptops and desktops from.

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

There no other known specifications or technical information that would meet the requirements of the Government. The Apple operating system is proprietary and not openly available like operating systems from other manufacturers.

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

The combined synopsis/solicitation will be issued on FedBizOpps on or about 8/11/2015.

The vendor list will be developed from the responses to the solicitation.

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 supplies or services required.

The Government will continue to monitor the market for available products that will allow Apple App development on other platforms. At this time the Government does not anticipate a follow on order.

12. Contracting Officer’s Certification. I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Contracting Officer Date