6b- Fully Approved Justification_Approval Above SAT_MSAB Tools REDACTED.pdf

U.S. Customs and Border Protection Justification and Approval For Other Than Full and Open Competition

For contracts or orders above the Simplified Acquisition Threshold (SAT)

JUSTIFICATION & APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

PR Number: 20117961

1. Agency and Contracting Activity.

The U.S. Customs & Border Protection (CBP) Mission Support Contracting Division- West, on behalf of the CBP Laboratories and Scientific Services (LSS) Interdiction Technology Branch (ITB), submits this Justification and Approval (J&A) to procure technology and technical support services to support CBP’s digital forensic mission.

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

The equipment and services to be acquired includes digital forensic tools and software licenses, while the technical support services include software modifications and integrations, as well as training and project management support. This J&A action is to procure equipment and services from MSAB Incorporated, 2001 Jefferson Davis Hwy, Ste 801, Arlington, VA 22202-3612, the only authorized distributor of MSAB equipment & services, as well as Berla equipment and licenses.

3. Description of Supplies/Services.

Task 1- Train-the-Trainer (T3) Training of CBP Employees- The Contractor shall develop a Train-the-Trainer (T3) training course that will support deployment of the MSAB Enterprise Ecosystem by CBP’s operational components utilizing MSAB’s XRY tool for digital forensic data acquisition of mobile devices. The T3 training shall be developed to enable a CBP trainer to provide independent instruction to a trainee (with no background in digital forensics), so that the trainee is capable of forensically extracting the data from mobile devices supported by MSAB. This tasking shall include the development of training materials such as an instructor power point presentation(s), an instructor guide and student/user guide.

Task 2- Software Modifications – OFO Workflow Updates- The Contractor shall make custom updates to the MSAB workflow that is distributed to all the field units owned by CBP and provide ruggedized MSAB Multi SIM card reader peripheral. The Contractor shall implement the modified software on existing CBP resources and facilitate a Go Live roll out of the updated custom workflow.

Task 3- Border Patrol Workflow Project- As part of LSS’ collaborative effort with USBP, CBP will be piloting MSAB software & equipment in USBP’s operational space for the first time. With USBP’s operations differing from OFO, a separate custom workflow will require modifications, followed by the subsequent

Version 2.0 March 2018 update to CBP owned equipment. The Contractor shall develop a custom workflow, leveraging the feedback from the OFO workflow effort but in accordance with USBP’s needs.

Task 4- MSAB XRY Office Logical /Physical Version Renewal & Deployment- The Contractor shall provide and deploy renewal licenses keys for the XRY Office Logical/ Physical version, to support existing CBP equipment. The XRY system is a mobile device information extraction software tool used by LSS as part of their forensic analysis of mobile devices and the information contained therein.

Task 5- MSAB XRY Office Logical Version- The Contractor shall provide the MSAB Office Version XRY Logical tool to be used by LSS.

LSS is procuring additional systems for use by CBP/LSS digital personnel.

Task 6- Berla iVe License Renewal- The Contractor shall provide five (5) iVe Vehicle Forensic license renewals that are one (1) year in duration. The license renewals provide CBP with manufacturer support and updates to keep the systems running in accordance with original equipment manufacturer specifications.

Task 7- Berla iVe Kit- The Contractor shall provide five (5) iVe Vehicle Forensic Kits. iVe Vehicle Forensic Kits are used by LSS digital personnel to extract data from vehicle infotainment systems.

Task 8- Berla iVE Training- The Contractor shall provide five training seats for Berla iVe Certification Training for CBP Personnel. Certification training is necessary in order to ensure CBP personnel are qualified and properly using the forensic equipment while conducting investigations.

The total estimated cost of this acquisition is $456,073.00. The anticipated period of performance is June 1, 2020 through February 28, 2021.

4. Identification of Statutory Authority Permitting Other Than Full and Open

Competition.

In accordance with FAR 13.501(a), acquisitions conducted under simplified acquisition procedures are exempt from the requirements in Part 6. Additionally, in accordance with FAR 13.501(a)(ii), the Contracting Officer has prepared this justification, modified to reflect that the procedures used in FAR subpart 13.5 were used in accordance with 41 U.S.C 1901. This J&A is consistent with the content requirements of FAR 6.303-2, modified to reflect only one responsible source and no other supplies or services will satisfy agency requirements per FAR 6.302-1.

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

Task 1- Train-the-Trainer (T3) Training of CBP Employees LSS requires a T3 training program that will support the deployment of the MSAB Enterprise Ecosystem used by CBP’s operational components utilizing MSAB’s XRY tool. As the equipment and software is proprietary to MSAB, only MSAB has the capability to perform the training required to meet CBP’s mission and ensure personnel are sufficiently trained on the systems to certify CBP employees use on enforcement actions.

Task 2- Software Modifications – OFO Workflow Updates CBP requires custom updates to the MSAB workflow system distributed to all the field units owned by CBP. As the equipment and software is proprietary to MSAB, only MSAB has the capability to perform the customization work required to meet CBP’s mission. No other contractor has the authority to modify the systems without compromising the integrity of the system for use in CBP enforcement actions.

Task 3- Border Patrol Workflow Project CBP is deploying CBP-owned MSAB-manufactured equipment and software into the field with United States Border Patrol through a pilot program. This equipment and integrated software will require modifications and workflow updates to meet USBP operational requirements. As the equipment and software is proprietary to MSAB, only MSAB has the capability to perform the customization work required to meet USBP’s mission. No other contractor has the authority to modify the systems without compromising the integrity of the system for use in CBP enforcement actions.

Task 4- MSAB XRY Office Logical /Physical Version Renewal & Deployment MSAB is the only authorized seller of their self-manufactured equipment and software. The license renewal is only offered through MSAB and cannot be obtained through other authorized sources.

Task 5- MSAB XRY Office Logical Version LSS has many different types of mobile forensic extraction devices, MSAB is just one (1) of many. In forensic casework, LSS is obligated to use multiple forensic tools to ensure/validate the results for enforcement proceedings. Therefore, while there are several tools available that are similar to the XRY Office Logical, LSS needs to procure this specific kit to ensure a single brand or model is not widespread amongst the LSS labs.

Task 6- Berla iVe License Renewal MSAB is the only authorized re-seller of Berla-manufactured equipment and developed software. The license renewal is only offered through MSAB and cannot be obtained through other authorized sources.

Task 7- Berla iVe Kit The iVe kit is the only tool currently available in the commercial marketplace that can extract information from a vehicle’s infotainment system. This extracted information is critical in CBP investigations as it can provide evidence regarding the vehicle’s use, but also information obtained through mobile devices paired with the infotainment system.

Task 8- Berla iVE Training

As the Berla iVe is proprietary to Berla, and MSAB is the only authorized reseller of Berla equipment and services, to include training. As such, MSAB is the only source available.

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

Market research was conducted and documented in accordance with FAR Part 10. No additional sources for the required services and supplies were available. The notification of the Government’s intent to procure the required supplies and services was posted through an Acquisition Procurement Forecast System (APFS) notification, and the Government received no additional responses from potential sources. APFS # P2020050277.

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(s) will be fair and reasonable based on a variety of sources. In regards to license renewals, equipment purchases, and training services (Tasks 1,4,5,6,7 & 8), the Contracting Officer will be able to compare the quoted prices to previous purchases made CBP and other Federal agencies with investigation missions through researching the Federal Procurement Data System (FPDS). For the tasks requiring modification to current systems (Tasks 2 & 3), the Contracting Officer will be able to compare the quoted prices to the Independent Government Estimate (IGE) which was developed using estimated labor categories and labor rates.

8. Description of Market Research.

The internet was searched for a list of contractors that could provide the software or compatible software that would work with MSAB systems. The market research showed that only MSAB could provide the tools, license renewals and modifications and there are no other distributors but the manufacturer.

MSAB, a Swedish company with offices in United States and Europe, is the sole proprietor, developer, and manufacturer of the MSAB Mobile Forensic Ecosystem and does not sell their hardware, software, or license renewals through any First Source, GSA, or other open market reseller. All platforms and licenses within the MSAB Mobile Forensic Ecosystem are proprietary. MSAB only sells their products direct through their internal sales department and cannot be procured by third-party resellers such as other small businesses.

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

No other facts supporting the Use of Other Than Full & Open Competition other than those previously stated.

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

Acquisition.

An APFS record was published for this requirement and no source expressed in writing an interest in this acquisition. APFS # P2020050277.

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.

No actions have been taken to remove or overcome barriers to competition before any subsequent acquisition for supplies or services required. As the equipment currently on station is MSAB or Berla-manufactured equipment, only those contractors are capable of providing the necessary licenses, certification training, and software modifications necessary to meet mission requirements.

12. Posting Requirement.

In accordance with FAR 13.501(a)(1)(iii), CBP will post this requirement on FedBizOpps pursuant to FAR 6.305(a).

► J&A CERTIFICATIONS

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.

Melanie A. Glass Forensic Program Manager

Laboratories and Scientific Services U.S. Customs and Border Protection

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.

Calynda C. Baines

Contracting Officer Mission Support Contracting Division- West U.S. Customs & Border Protection

MELANIE A

GLASS

Digitally signed by MELANIE A

GLASS

Date: 2020.05.01 10:02:37 -04'00'

CALYNDA C BAINES

Digitally signed by CALYNDA C

BAINES

Date: 2020.05.01 13:31:31 -04'00'

* In accordance with FAR 6.304(a)(1), CO certification of a J&A for a requirement not exceeding $700,000 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.

Luz I Jorge Small Business Specialist U.S. Customs & Border Protection

LUZ I JORGE Digitally signed by LUZ I JORGE Date: 2020.05.04 13:50:36 -07'00'