20110920_-_USBP_Digital_Forensic_Software_-_Sole_Source_JA_-_Final_SIGNED_Redacted.pdf

U.S. Customs and Border Protection Sole Source Justification and Approval

USBP Digital Forensic (DF) Enterprise Collection and Analysis System

Version 4.0 July 2019

SOLE SOURCE JUSTIFICATION AND APPROVAL

UNDER FAR SUBPART 13.5 PROCEDURES IN ACCORDANCE WITH 41 U.S.C. 1901

1. Agency and Contracting Activity.

The Customs and Border Protection (CBP), United States Border Patrol (USBP), Law enforcement Operations Directorate (LEOD), Intelligence Division located in Washington, DC is looking to mitigate a critical gap in its Digital Forensic (DF) program requirement for an Enterprise Collection, Storage, and Analysis capability.

Contracting Office: CBP, Office of Acquisition, Procurement Directorate, Border Enforcement Contracting Division, Pacific Branch.

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

CBP, USBP proposes to enter into a contract on a basis other than full and open competition.

CBP, USBP has a requirement on a sole source basis to upgrade software and consolidate user licenses across USBP through an enterprise deployment of Penlink PLX at an estimated cost of $466,255. This requirement addresses a critical gap using non-developmental, off the shelf Information Technology enterprise software for use by USBP in support of digital forensic capability to detect evidence and contraband that may otherwise be undetectable.

PENLiNK LTD 5944 Vandervoort Dr.

Lincoln, Nebraska 68516

3. Description of Supplies/Services.

PENLINK, Ltd provides software and user licensing to an enterprise grade deployment

. PENLINK LTD

has developed industry relationships with telecommunications and network providers to rapidly develop and integrate solutions to address collection of data from new product or applications developed by telecommunications/software companies. The solution package during will consist of software, 55 network user license, training and technical installation and maintenance and engineering support.

Period Unit Price Total Base Period $ 466,255.00

USBP Digital Forensic (DF) Enterprise Collection and Analysis System

Version 4.0 July 2019

4. Identification of Statutory Authority Permitting Sole Source Acquisition.

The statutory authority permitting this sole source acquisition is 41 U.S.C. 1901 (Simplified Acquisition Procedures). The procedures in FAR subpart 13.5 are being used in accordance with FAR 13.501(a)(1)(ii). There is only one source reasonably available for all of the requirements as outlined below in Section 5.

5. Demonstration That the Nature of the Acquisition Requires Use of the Authority Cited.

This requirement is to expand and provide an enterprise grade solution to existing standalone software used by USBP Sectors during DF/DOMEX operation to mitigate critical gaps. The existing software utilized by USBP is proprietary and only Penlink LTD may make the modifications. Sectors currently use standalone versions of Penlink for their digital forensics and case related telecommunications collection. Using any other source for an enterprise solution at this time will result in substantial duplication of costs and unacceptable delays, including the mitigation of urgent operational, policy and legal requirements for introducing new software solutions. Market research revealed only two companies which could potentially meet the USBP requirements f

. Of the two companies, PENLINK Ltd’s PLX solution meets all of the functionality requirements

. USBP also assessed both company’s capability for rapid development of solutions to support collection of new data

. The results indicated that although both and PENLINK provided similar capabilities during the initial review, PENLINK PLX was farther advanced in its abilities to read and ingest metadata from third party digital forensic examination tools and offered more functionality when examined against all of USBP use cases. In comparison, we noted that the solution were more concentrated in live voice/data intercepts and not necessarily in digital forensic collections and analysis. This makes PENLINK Ltd uniquely qualified in meeting USBP’s operational requirements related to its digital forensics program and other uses cases that Penlink can support.

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

The action will be posted to the Government Point of Entry for review by Industry. All potential providers will be invited to provide a solution that may meet future needs for this requirement.

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

The Contracting Officer has determined that the anticipated price will be fair and reasonable based on existing and historical pricing for current standalone solutions.

USBP Digital Forensic (DF) Enterprise Collection and Analysis System

Version 4.0 July 2019

8. Description of Market Research.

The team attended vendor demonstration based on open search research of market sources.

The team evaluated companies with software and tools offering data analytics solution based on USBP digital forensic program operational requirements. Two final companies were identified to further determine if their solutions will meet USBP requirements. Of the two companies, PENLINK Ltd’s PLX solution was able to meet all of the functionality requirements we examined related to USBP DF program and interoperability with third party DF extraction tools.

Research conducted identified two companies that will mitigate critical USBP gap in its Digital Forensic (DF) program requirement for an Enterprise Collection, Storage, and Analysis Tool. Of the two companies, PENLINK Ltd’s PLX solution meets all of the functionality requirements examined related to USBP DF program and interoperability with third party DF extraction tools. The results indicated that although both and PENLINK provided similar capabilities at first review, PENLINK PLX was farther advanced in its abilities to .

9. Any Other Facts Supporting the Use of Other Than Full and Open Competition.

The requirement is for modification of an existing software package designed by Penlink LTD . If Penlink LTD does not provide the enterprise solution, a new contractor would have to duplicate the same capabilities of the existing software in order to complete the task. The estimated cost for development work is $1 - $2 million a year, over a 2-3 year period of performance to stand-up any new system.

In addition, continued development work is anticipated throughout the life cycle. This developmental work is often completed at no-cost by PENLINK, when it benefits PENLINK’s customer base across local, state and federal law-enforcement operations. This makes the PENLINK solution extremely cost-effective for the long term, and is a benefit provided to all customers, not just USBP. Technology is constantly evolving and the need to maintain an up to date enterprise grade solution capable of keeping up with new collection and analytical capability to examine different types of phone and computer derived artifacts (meta data) must be highly interoperable to new digital platforms and phone based applications. PENLINK Ltd is the only company that can meet all of USBP digital forensic program requirements, is highly interoperable with third party digital forensic extraction tool developers, and maintains the ability to integrate new data formats from any telecommunications provider. This field is highly specialized and dynamic. A CBP

USBP Digital Forensic (DF) Enterprise Collection and Analysis System

Version 4.0 July 2019 customized development solution equal to all the functionality and adaptability of PLX is unsustainable and highly cost prohibitive.

10. A Listing of the Sources, if Any That Expressed, in Writing, an Interest in the Acquisition.

N/A

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.

There are no known barriers to competition based on USBP requirements. USBP requirements are responsive to industry standards and new product development. This field is highly specialized and any company can chose to develop same capability solutions.

12. Posting Requirement.

CBP will post this justification on the Government Point of Entry (GPE) pursuant to FAR 13.501(a)(1)(iii) and FAR 6.305. A notice of intent to sole source will also be posted to the GPE in accordance with FAR 5.101(a)(1).

13. REQUISITION/PROGRAM OFFICE CERTIFICATION

I certify that the foregoing justification is accurate, meets the Government’s minimum needs and contains complete information necessary to support the action described in this document and the authority cited.

Office:

Name: (Print):

Signature: __________ _ Date: _ S

J

USBP Digital Forensic (DF) Enterprise Collection and Analysis System

Version 4.0 July 2019

14. CONTRACTING OFFICER CERTIFICATION/APPROVAL*

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.

Name (Print): Frank S. Duarte Contracting Officer

Signature: ________________ _ Date:

* In accordance with FAR 6.304(a)(1), CO certification of a J&A for a requirement not exceeding shall constitute approval of the J&A.

15. SMALL BUSINESS SPECIALIST CERTIFICATION (Per HSAM 3019.501 - Above the SAT)

I certify that I have conducted a search for small businesses and other socio-economic concerns capable of participating in this acquisition.

If any were found, a list is attached.

Name (Print): As assigned.

CBP Small Business Specialist

Signature: _ Date:

&A APPROVALS

16. COMPETITION ADVOCATE (Per FAR 6.304(a)(2) - )

Approved Disapproved

Name (Print): ________________________ Competition Advocate

Signature: ___________________________ Date: _____________

17. HEAD OF CONTRACTING ACTIVITY (Per FAR 6.304(a)(3) -

Approved Disapproved

Name (Print): _______________________ Head of the Contracting Activity

Frank S. Duarte Digitally signed by Frank S. Duarte

USBP Digital Forensic (DF) Enterprise Collection and Analysis System

Version 4.0 July 2019

Signature: __________________________ Date: _____________

18. DHS CHIEF PROCUREMENT OFFICER (Per FAR 6.304(a)(4) -

Approved Disapproved

Name (Print): _______________________ DHS Chief Procurement Officer

Signature: __________________________ Date: _____________

19. DHS SECRETARY (any determination and justification for a contract awarded under FAR 6.302-7, Public Interest, regardless of dollar amount)

Approved Disapproved

Name (Print): _______________________ DHS Secretary

Signature: __________________________ Date: _____________