04.03_SSJ 70CMSD21P00000067- Redacted.pdf

OFFICE OF ACQUISmON MANAGEMENT

ICE Acquisition Manual 3006.301-90

LAW ENFORCEMENT SENSITIVE- FOR OFFICIAL USE ONLY

SOLE SOURCE JUSTIFICATION: SIMPLIFIED PROCEDURES FOR CERTAIN

COMMERCIAL ITEMS EXCEEDING SAT, INCLUDING BRAND NAME

J&A-21-00105

U.S. Immigration and Customs Enforcement

Pursuant to the requirements under the authority of simplified procedmes for commercial items at 41 U.S.C. 1901 as implemented by Federal Acquisition Regulation (FAR) Subpa1t 13.501 and consistent with the content requirements of FAR 6.303-2.

1. Agency and Contracting Activity.

The Depai1ment of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), Office of Acquisition Management (OAQ), proposes to enter into a contract on behalf of Homeland Secmity Investigations (HSI) Division 4, Cyber Crimes Center (C3) on a basis of other than full and open competition.

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

(a) Type of action: Finn-Fixed Price. New Action.

(b) Amount the cmTent J&A is justifying: $397,235.00

(c) Brief Description: OAQ intends to procme, on a sole somce basis, fifty-three (53) Oxygen Forensics Detective Enterprise software licenses as pai1 of the Treasmy Computer Forensic Training Program (TCFTP) in suppo1i of the Human Exploitation Rescue Operative (HERO) prograin at HSI/C3. Oxygen Forensics is the only provider of the Oxygen Forensics Detective Ente1prise softwai·e. There are no authorized resellers or distributors for this software. This action is being taken pursuant to the authority of FAR

13.501. The vendor listed below is the only company that can provide the required Oxygen Forensics Detective Ente1prise software licenses that meets the requirements as set fo1ih by HSI/C3.

Oxygen Forensics, Inc.

909 N. Washington St. #300 Alexandria, VA 22314-5 510

3. Description of Supplies/Services. Describe the supplies or services to be acquired.

Provide the estimated total value (including options, if any).

The requirement is to provide fifty-three (53) Oxygen Forensics Detective Ente1prise

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LAW ENFORCEMENT SENSITIVE- FOR OFFICIAL USE ONLY

SOLE SOURCE JUSTIFICATION: SIMPLIFIED PROCEDURES FOR CERTAIN

COMMERCIAL ITEMS EXCEEDING SAT, INCLUDING BRAND NAME

The total estimated cost of the procmement is $397,235.00.

CLIN Description Period of Performance

0001 Oxygen 07/26/2021 Forensics 07/25/2022 Detective Enterprise Licenses

4. Identification of the authority.

QTY

53 each

Unit Price

$7,495.00

U.S. Immigration and Customs Enforcement

Total Amount $397,235.00

This action is being taken under the authority of Simplified Procedures for Commercial Items, 41 U.S.C. 1901 as implemented by FAR 13.501.

5. Demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the authority cited.

HSI/C3 delivers computer-based technical services to HSI components to support domestic and international investigations into cross-border crime. HSI/C3 is comprised of the Cyber Crimes Unit (CCU), the Child Ex loitation Investi ation Unit CE and the Com uter Forensics Unit CFU .

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LAW ENFORCEMENT SENSITIVE- FOR OFFICIAL USE ONLY

SOLE SOURCE JUSTIFICATION: SIMPLIFIED PROCEDURES FOR CERTAIN

COMMERCIAL ITEMS EXCEEDING SAT, INCLUDING BRAND NAME

U.S. Immigration and Customs

Enforcement

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

D OAQ has made_

IZI OAQ intends to make a redacted version of this justification publicly available pursuant to FAR 13.50l(a)( l )(iii) and 6.305(a) within 14 days of contract award.

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

The Contracting Officer anticipates that the pricing will be fair and reasonable. The CO will use techniques described at FAR 15 .404-1, such as comparison of pricing to the IGCE, reviewing price lists on GSA for similar software and suppo1i services , and reviewing prior acquisition hist01y by comparing pricing on similar/same requirements to ensure that the pricing is fair and reasonable.

8. Description of market research.

Market research was conducted

Oxygen Forensics is the onl fied features

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LAW ENFORCEMENT SENSITIVE- FOR OFFICIAL USE ONLY

SOLE SOURCE JUSTIFICATION: SIMPLIFIED PROCEDURES FOR CERTAIN

COMMERCIAL ITEMS EXCEEDING SAT, INCLUDING BRAND NAME

9. Any other facts supporting the justification.

Not Applicable.

U.S. Immigration and Customs

Enforcement

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

No other sources have provided, in writing, an interest in this acquisition.

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.

HSI/C3 will continue to monitor sources and meet with other Government agencies to detennine if new items/services or vendors are available that meet the technical requirements and mission.

12. DHS intends to post the requirement pursuant to FAR 13.501(a)(1)(iv) and 5.102(a)(6).

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LAW ENFORCEMENT SENSITIVE- FOR OFFICIAL USE ONLY

SOLE SOURCE JUSTIFICATION: SIMPLIFIED PROCEDURES FOR CERTAIN

COMMERCIAL ITEMS EXCEEDING SAT, INCLUDING BRAND NAME

13. Technical/Requirements Personnel Certification.

U.S. Immigration and Customs

Enforcement

I certify this requirement meets the Government's minimum need and that the suppo1iing data, which fonns a basis for this justification, is complete and accurate.

14. Contracting Officer's Certification.

I ce1iify 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.

Chris Trujillo Contracting Officer

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Digitally signed by

CHRISTOPHER H TRUJILLO

Date: 2021.05.1409:20:51 -05'00'