LSJ.pdf

Attachment 4

Exception to Fair Opportunity – Brand Name

“Source Selection Information – see FAR 2.101 and 3.104”

1. Identification of the agency and contracting activity.

a. Federal agency and contracting activity. DHHS/National Institutes of Health [NIH]/National Institute of Allergy & Infectious Diseases [NIAID]/Acquisitions Management Operations Branch [AMOB]

b. Sponsoring organization. National Institute of Allergy and Infectious Diseases [NIAID], Office of the Director [OD], Office of Science Management and Operations [OSMO], Office of Cyber Infrastructure and Computational Biology [OCICB], Customer Services Branch [CSB].

c. Project Officer Information.

Project Officer Name. Maggie Chan

Mailing address. 5601 Fishers Lane, Room 6E53, Rockville, MD 20852

E-mail address. maggie.chan@nih.gov

Telephone number. (240) 400-0656

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

a. Acquisition purpose and objectives. This Justification and Approval (J&A) on a brand name only basis is for Apple and Hewlett-Packard (HP) computers and laptops listed in the attached Bill of Materials (BOM). These Apple and HP computers will supply NIAID staff with laptop and desktop equipment through NIAID's Centralized Computer Acquisition, Configuration and Distribution Program. The program was established in July 2008 under a directive by the NIAID Executive Committee to ensure that the proper security configurations were implemented as per the United States Government Configuration Baseline (USGCB) initiative within the Federal Desktop Core Configuration (FDCC). The program streamlines computer purchases, improves property management, and provides a standard configuration for NIAID computer hardware thus reducing the number of custom computer hardware configurations being supported. This program is managed by the Customer Services Branch (CSB) of the Office of Cyber Infrastructure and Computational Biology (OCICB). CSB provides technical and tactical cyber technologies (CT) management and intramural support for biomedical research programs in NIAID. CSB delivers CT infrastructure to facilitate electronic communication within NIAID through global scientific and clinical data exchange. CSB provides a framework for automated information sharing and collaboration.

b. Project background. This firm-fixed price, requirement for Apple and HP computers will be used for end-of-life (EOL) replacements for new NIAID staff, remote access or mission- specific purposes. The required Apple and HP computers are tested, proven and accepted configurations by NIAID's Centralized Computer Acquisition, Configuration and Distribution Program. NIAID has limited its standard configuration models to a total of 10 separate configurations in order to best provide for the scientific and administrative requirements of NIAID's mission. Previous purchases within the last 12 months for similar requirements were procured through NITAAC CIO-CS strategic sourcing vehicle (NIH Information Technology GWAC).

The most recent order was awarded to CDW Government on March 9, 2016 in the amount of $630875.36. Orders within the last 12 months were limited competition awards under a Justification for Exception to Fair Opportunity for brand name (FAR 16.505(b) (2) (i) (B). Opportunity was given to all eligible contract holders.

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

a. Project title. Computer Replacements NIAID Centralized Computer Acquisition, Configuration and Distribution Program.

b. Project description. Reference attached Bill of Materials (BOM).

Requirement type.

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

Type of action.

New requirement Follow-on Other (specify): ______________________

Proposed contract/order type.

Firm-fixed-price Time and materials Indefinite delivery (specify whether indefinite quantity, Definite quantity, or requirements): ___________ Other (specify): ______________________

Acquisition identification number. AMBIS #1802030

c. Total estimated dollar value and performance/delivery period. 08/12/2016 - 08/11/2017

Total Dollar Amount: $195,817.97

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

This acquisition is conducted under the authority of 41 United States Code (U.S.C.)

§4106(c) as set forth in Federal Acquisition Regulation (FAR) 16.505(b) (2) (i) (B).

Brand name justification. The Apple and HP computers are brand name products, each particular to one manufacturer.

5. Demonstration of the proposed contractor(s) unique qualifications to provide the required supply or service.

a. Name and address of the proposed contractor(s). Acquisition will be limited to NITAAC CIO-CS Apple and HP Value-Added Resellers (VAR) and Original Equipment Manufacturers (OEMs) contract holders.

b. Nature of the acquisition and proposed contractor(s) unique qualifications. The Program and Contracting Offices have determined that only Apple and HP brands and no other brands or services will satisfy agency requirements. Market research indicates other companies similar products are lacking the particular feature, do not meet, or cannot be modified to meet the agency's needs. The Apple and HP brand computer configurations for this requirement have been tested, proven and accepted as NIAID standard configuration models for NIAID's Centralized Computer Acquisition, Configuration and Distribution Program. Deviating from the current tested, proven and accepted configurations by changing name brand or any components introduces the likely potential for a minimum increased time to deploy and at maximum the risk of not being able to deploy at all a given model of computer. New models require additional time to acquire potential software such as drivers and other model-centric applications (for example, power management), incorporate these into the imaging model, and testing and verification of performance. The time it takes to do these things varies with manufacturer, model, and compatibility with NIAID configuration requirements. Therefore, it is not feasible to quantify the potential time and resources invested in this scenario. Additional consideration should also be given to the fact that models requiring substantial deviation in configuration from standards present potential long term challenges in supportability such as driver updates, software compatibility, and general technician support time among others. The products identified by brand name herein have been determined to be the only items that meet the Agency's requirements as approved lifecycle equipment replacement. Approved NIAID configurations must meet several requirements and considerations including, but not limited to: how the machine is engineered; an enterprise edition machine with proven hardware; runs approved operating system and/or Apple OS; complies with accessibility requirements subject to Section 508 of the Rehabilitation Act of 1973;

and supports Federal green initiatives (EPEAT®).

6. Description of the efforts made to ensure that offers are solicited from as many potential sources as practicable. Indicate whether a FedBizOpps notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies.

FedBizOpps notice will not be publicized under exception FAR 5.202(a) (6). Quotes will be obtained from NITAAC CIO-CS RFQ system to eligible contract holders to review and respond. Market research indicates that multiple CIO-CS contract holders are able to meet this requirement. This Brand Name justification will be published with the solicitation.

7. Description of the market research conducted among schedule holders and the results, or a statement of the reasons market research was not conducted. NITAAC/CIO-CS has already determined the prices of supplies and fixed-price services, and rates for services offered at hourly rates, under the IDIQ contracts to be fair and reasonable. It is anticipated that NIAID will give opportunity under NITAAC CIO-CS to all eligible contract holders. Based on the aforementioned, there is no reason to believe the proposed price will not be fair and reasonable to the government. A final determination by the Contracting Officer will be conducted prior to award of this contract.

8. Description of the market research conducted (see FAR Part; 10) and the results, or a statement of the reasons market research was not conducted. Market research was conducted in accordance with FAR Part 10. The Program Office conducted the initial market research by reviewing pricing on the desired equipment from CDW-G. The Purchasing Agent reviewed the mandatory priorities in accordance with FAR Subpart 8.002(a) (1) Priorities for Use of Government Supply Sources and determined that none of the mandatory Government sources could satisfy this requirement. The purchasing agent also reviewed the NITAAC CIO-CS contract and the GSA Federal Supply Schedule 70. The NITAAC CIO-CS contract was given first consideration since it is an HHS strategic sourcing vehicle for the purchase of IT Peripherals and it was determined there is adequate competition under the CIO-CS to provide the products listed in the Bill of Materials (BOM).

9. Any other facts supporting the use of other than full and open competition. Limiting the standard configuration computer, that NIAID purchases, to a few models, helps control IT technologies including the engineering of hardware and software as well as reducing training. By controlling IT technologies through standardization you can reduce the Total Cost of Ownership (TCO) or the financial impact of deploying an information technology product over its life cycle.

10. Listing of sources, if any, that expressed, in writing, an interest in the acquisition. Not applicable.

11. Statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the required supplies or services. It is the policy of NIAID to promote the use of competitive procedures whenever and wherever possible. In an effort to remove or overcome barriers to competition in the future, the market will be scanned frequently for new companies and products that could satisfy the Government's requirement. The CSB staff meets regularly with equipment manufacturers and vendors and attends manufacturer and industry training to keep current on technology. Vendor and trade magazines are scanned for new, open technologies that can satisfy future infrastructure requirements. The agency will continually re-evaluate the brand name equipment currently being used and will research for the manufacturers and products that will be in the Government's best interest as best value for future replacement equipment at the agency's site and at sites the agency supports. The current situation requires Apple and HP computers as they are brands currently authorized to satisfy agency requirements. Since there is a continual re-evaluation to brand names currently being used by the agency for the present equipment, if/when alternatives become available, they will be evaluated for use.