JOFOC.pdf

SOLE SOURCE JUSTIFICATION FOR SIMPLFIED ACQUISITIONS

FAR Part 13.106-1

1. Identification of the agency and the contracting activity:

In accordance with Federal Acquisition Regulation (FAR) 13.106-1 and in accordance with 41 U.S.C. 1901, the Office of Acquisition Management proposes to award a purchase order on the basis of other than full and open competition for the procurement of Cellebrite UFED 4 PC Ultimate software for cyber investigations on behalf of the Office of Africa and Middle East Programs, Bureau of International Narcotics and Law Enforcement Affairs, U.S. Embassy Accra, Ghana. The procurement request also covers Brand Name or Equivalent items for full and open competition.

2. The nature and/or description of the action being approved.

Firm-Fixed-Price (FFP) contract for procurement of Cellebrite UFED 4 PC Ultimate software for donation to the Ghana Police Service to conduct cybercriminal investigations in partnership with U.S. law enforcement agencies such as FBI.

3. A description of the supplies or services required to meet the Department’s needs.

The Department requires technologically advanced cyber investigative equipment to support the Ghana Police Service’s cyber investigative unit, who will work in partnership with U.S. law enforcement. The procurement includes software to perform this specialized type of investigative work.

The cyber investigative software shall be delivered to U.S. Embassy Accra for later donation to the Ghana Police Service through INL’s standardized Property Transfer Document. This will allow INL to accomplish its foreign assistance mission in Ghana to build the capacity of law enforcement to combat transnational organized crime, such as cybercrime that directly affects Americans.

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

41 U.S.C. 1901 and FAR 13.106-1(b)(1)(ii) Brand name Acquisition

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

The Cellebrite UFED 4 PC Ultimate is used to conduct physical extraction and decoding while bypassing pattern lock / password / PIN from several devices. This imaging tool is not sold on the open market. However, U.S. law enforcement agencies (FBI, DEA) require particularly this tool to perform their work and to stay current with cybercrime activities.

The Cellebrite UFED 4 PC Ultimate is required for this procurement in order to maintain compatibility with existing equipment already in use by the Ghana Police Service and to allow interface and compatibility with U.S. law enforcement agencies who use this software so there is continued international cooperation on cybercriminal investigations.

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

The JOFOC will be posted with the solicitation.

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

Fair and reasonable price will be determined by competition.

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

The Cellebrite UFED 4 PC is not sold on the open market to prevent this technology/capability falling into the hands of criminals. U.S. law enforcement colleagues (FBI, DEA) who conduct cyber investigations indicate these particular items are required to stay up-to-date with the ever-advancing field of cybercrime. Post obtained a quotation from Digital Intelligence Inc. for the Cellebrite UFED 4 PC from whom the Ghanaian Forensic Examiners have obtained the equipment in the past.

Market research indicated that this particular brand name software is required to meet the program needs because it is the only software that is interoperable with the existing technology utilized by Ghanaian and U.S. law enforcement. No other brand names of software will meet the Department’s needs.

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

Because the Ghana Police Service’s cyber investigative unit will be partnering with U.S.

law enforcement (e.g. FBI), this item must be compatible with the technology used by U.S.

law enforcement.

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

N/A

11. A statement of any actions the agency will take to remove or overcome any future barriers to competition before any subsequent acquisition for the supplies or services required. Include a statement that this J&A for other than full and open competition will be published on FedBizOpps in accordance with FAR Section 6.305 within 14 days of award (or within 30 days if the J&A is for unusual and compelling urgency.)

None

CERTIFICATIONS

TECHNICAL AND REQUIREMENTS CERTIFICATION AQM QA Plan I certify that this justification is accurate and contains complete data necessary to support the recommendation for other than full and open competition.

SIGNATURE:

[original signed] Huber Parsons Date Program Officer

INL/AME

CONTRACTING OFFICER CERTIFICATION AQM QA Plan I certify that this submission is accurate to the best of my knowledge, and that it contains complete information necessary to enable other officials to make an informed recommendation for approval or disapproval.

SIGNATURE:

[original signed] David A. Cubitt Date Contracting Officer Office of Acquisition Management

(A/LM/AQM – RPSO-FR)

APPROVALS

SIGNATURE:

[original signed] Kenneth Mamba Date Branch Chief

RPSO