1.5.1-SSJ_FEX Redacted.pdf

OFFICE OF ACQUISITION MANAGEMENT

ICE Acquisition Manual 3006.301-90

SOLE SOURCE JUSTIFICATION FOR SIMPLIFIED ACQUISITIONS

NOT EXCEEDING THE SIMPLIFIED ACQUISITON THRESHOLD

(INCLUDING BRAND-NAME)

- 1 -

J&A-24-0280

1. Agency and Contracting Activity.

The Department 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 the Cyber Crimes Center (C3) on a basis of other than full and open competition.

2. Nature and/or description of the item/service being procured and anticipated cost.

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

(b) Amount the current J&A is justifying (must be $250,000 or less): $90,000.00

(c) Brief Description: OAQ intends to procure, on a sole source basis, GetData Forensic

Explorer training and licensing for twenty four (24) slots. As part of the forensics training, it is required for certification purposes that the GetData FEX training be provided by the vendor to meet the requirement for certification. This will give the participants the same certification that existing Computer Forensic Agents (CFAs) hold to enable new HERO interns to assist the HSI CFAs with forensics analysis during investigations. This is one of the main forensics analysis tools used by HSI CFAs and without the proper training and certification, issues could arise later in court that could result in the dismissal of criminal prosecutions where training of new HERO participants assisting in the investigation is called into question. The vendor listed below is the only company that can provide the required Forensic Explorer software, including support services and licensing.

GetData 14 Village Circle Manhattan Beach, CA 90266

3. Sole Source Justification Rationale in accordance with FAR 13.106-1(b)(1)(i) and (ii).

(Check one and provide rationale below):

☒ Only one source reasonably available ☐ Urgent and compelling circumstances exists ☐ Exclusive licensing agreement exists ☐ Brand name - If the brand name requirement applies to a portion of the procurement, please identify that portion.

☐ Industrial Mobilization ☐ Other Rationale:

GetData Forensics USA is the sole manufactuer of Forensic Explorer (FEX), which meets the need of the ICE HSI law enforcement mission for forensic investigations and analysis in

SOLE SOURCE JUSTIFICATION FOR SIMPLIFIED ACQUISITIONS

NOT EXCEEDING THE SIMPLIFIED ACQUISITON THRESHOLD

- 2 -terms of providing a platform for a Computer Forensics Agent (CFA) to mount various hard disk drive sources. FEX has been validated by the HSI CFP as being compatible with all of examinations. FEX is the only software that can transpose these hard disk drive sources into virtual machines eliminating the need for expensive physical hardware disk caches or time consuming conversion processes.

As part of the forensics training, it is required for certification purposes that the GetData FEX training be provided by the vendor to meet the requirement for certification as they are the sole provider of all technical support and maintenance of this equipment. This will give the participants the same certification that existing CFAs hold to enable new HERO interns to assist the HSI CFAs with forensics analysis during investigations. This is one of the main forensics analysis tools used by HSI CFAs and without the proper training and certification, issues could arise later in court that could result in the dismissal of criminal prosecutions where training of new HERO participants assisting in the investigation is called into question. GetData is the only provider of the training.

4. The anticipated price will be determined fair and reasonable based on one or more of the price analysis techniques described below in accordance with FAR Part 13.106- 3(a)(2). (Check one and provide short description of action taken.)

☒ Market Research.

☒ Comparison of the proposed price with prices found reasonable on previous purchases.

☒ Current price List.

☐ Comparison with similar items in a related industry.

☐ Comparison to IGCE.

☐ Contracting Officer’s personal knowledge.

☐ Other.

Short description of how price was determined fair and reasonable:

Pricing was determined fair and reasonable by comparison to historical pricing and published pricing. Pricing for this requirement is a volume discount at $3750.00 per attendee, which is less than previous purchase orders for fewer attendees.

Quote Price: $3750.00 (per person for 5-day custom training and licensing)

Previous purhcases:

70CMSD23P00000050: $4,772.08 (per person for trainingand licensing) 70CMSD22P00000050: $4,772.08 (per person for trainingand licensing) 70CMSD22P00000016: $3,995.00 (per person for training and licensing) 70CMSD20P00000021: $3,295.00 (per person for training and licensing)

Published Pricing:

4-Day Training: $3,295.00

SOLE SOURCE JUSTIFICATION FOR SIMPLIFIED ACQUISITIONS

NOT EXCEEDING THE SIMPLIFIED ACQUISITON THRESHOLD

- 3 -

4-Day Training and Software Licensing: $3,995.00

The quote unit price for training and licensing is the same unit price as that of the previous purchase, 70CMSD23P00000050. The quote unit price is 16.3% ($777.08) higher than the published pricing. However, the published pricing is for a four (4) day training, whereas the custom training on the quote is for five (5) days.

5. Approval of the Contracting Officer:

Contracting Offier Date