Justification and Approval for Other Than Full and Open Competition_Cellebrite Training Wallet.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

10 U.S.C. § 3204

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.3, the following facts and rationale justify the use of such authority:

1. Agency and Contracting Activity.

The Department of Homeland Security, United States Coast Guard (USCG), Office of Specialized Capabilities DOMEX Program (CG-7213) prepared this justification for other than full and open competition.

2. Nature and/or Description of the Action being Approved. Address the following:

(a) Nature of the action: USCG intends to procure Cellebrite training vouchers on a sole source basis.

The United States Coast Guard’s maritime law enforcement mission, Regulatory, Defense and Coast Guard Investigative Service (CGIS) require utilization of commercial digital Forensic / Document and Media Exploitation (DOMEX) systems to carry out their missions. The current system in use is the Cellebrite Universal Forensic Extraction Device

(UFED).

Cellebrite’s Global Training Division is the only entity authorized to provide and deliver both instructor-led, and online formats of training resulting in Cellebrite’s official certifications (Cellebrite Certified Operator (CCO), Cellebrite Certified Physical Analyst (CCPA), Cellebrite Advanced Smartphone Analysis (CASA)). Cellebrite is the sole entities that certifies users in the operation of the Cellebrite technology. These POIs delivered by Cellebrite, enables practitioners to access and complete a strategic series of knowledge and skill-sets development courses ensuring mission success.

Additionally, completing a designated POI series qualifies the student participant to test and earn highly useful certifications only available from Cellebrite and only applicable to Cellebrite’s proprietary system currently utilized by the USCG.

(b) Name and address of the contractor: _

Cellebrite Inc, 8065 Leesburg Pike, Suite T3-302, Vienna, VA 22183

(c) Type of action: Firm Fixed-Price Contract

(d) Estimated total value (including options): Provide breakdown as shown below:

Product Qty Unit Price Total

CCME Training Vouchers

$9,200

$9,200

CCME Exams 1 $400 $400

10% Inflation 1 $920 $920

Total $10,520

Note: This is a new service request for Cellebrite Training Services.

(e) Type of funding: CG-7213 Programmatic Funds

(f) Year of funding: Fiscal Year 2025

(g) Background information about the requirement: CG-7213 is the Program Manager of the United States Coast Guard’s Document and Media Exploitation (DOMEX)/Digital Forensics (DF) program. The USCG DOMEX program utilizes both commercial off the shelf (COT) and proprietary, sole source software and hardware to execute USCG DOMEX operations and meet tactical level, unit requirements. The USCG DOMEX/DF Program operates a variety of commercial-off-the-shelf (COTS) software as well as proprietary, sole source, software and hardware to perform the function of DOMEX/DF in support of its statutory missions. These functions include, but are not limited to, the acquisition and analysis of data lawfully obtained through mobile devices. Digital device technology and Digital Forensic/Intelligence best practices are among the most rapidly evolving disciplines faced by investigators today. To effectively gather reliable evidence, investigators need current relevant instruction consistent with the current state of technology and forensic best practice. There is little static state with this type of skill set and the longevity of an instructor’s transferable knowledge base. Digital forensics techniques and practices quickly become outdated unless the person is continually updating and increasing their knowledge through immersion in the subject matter, evolutions of technology, and personal educational development.

3. Description of Supplies/Services.

The United States Coast Guard (USCG) Office of Specialized Capabilities Document and Media Exploitation (DOMEX) (CG-7213) is seeking to procure training vouchers for Cellebrite’s proprietary two-week(s) Certified Mobile Examiner (CCME) Course to advance and sustain tradecraft of USCG Digital Forensics Experts (DFE) within the DOMEX Program. This certification and/or competency focusing on mobile forensics is solely developed, engineered, instructed, demonstrated, and authorized through Cellebrite training services.

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

The statutory authority permitting other than full and open competition is 10 U.S.C. § 2304(c)(1) implemented by the FAR Subpart 6.302-1 entitled, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. ”In accordance with FAR 6.302-1(b)(1)(ii), the USCG has a reasonable basis to conclude that the agency’s minimum needs can only be satisfied by the one source.

Cellebrite’s Global Training Division is the only entity authorized to provide and deliver both instructor-led, and online formats of training resulting in Cellebrite’s official certifications (CCO, CCPA, CASA). Cellebrite is the sole entities that certifies users in the operation of the Cellebrite technology. Cellebrite has previously tried unsuccessfully to extend the training offering through third party trainers.

Comparative student participant feedback revealed below standard users’ experiences. Analysis of the feedback determined the best student participant experiences were achieved when the instruction was delivered by full time, fully immersed instructors. Additionally, instructions needed to provide reliable, repeatable, and standardized instructional materials for each Program of Instruction (POI). These POIs delivered by Cellebrite developed and qualified instructors, enable practitioners to access and complete a strategic series of knowledge and skill development courses. Completing a designated POI series qualifies the student participant to test and earn highly useful certifications only available from Cellebrite and only applicable to Cellebrite’s proprietary system currently utilized by the

USCG.

This procurement integrates Cellebrite training into a needed opportunity to ensure USCG DFEs have access to Cellebrite training opportunities. We currently use Cellebrite forensic systems but have no centralized management for DFEs to attend required training. No other service provider can provide training on Cellebrite systems, other than Cellebrite. If the J & A is not approved, one of the main missions of the DOMEX program will be 100% Not-Mission-Capable. Industry provided Cellebrite training is required to maintain proficiency on the Cellebrite forensic systems from currently in use.

5. Identification of Exception to the Buy American Act. (Section is required to be completed when the J&A includes the exception listed under FAR 25.103(b)(2) or FAR 25.202(a)(2)). Identify the nonavailability exception listed under FAR 25.103(b) or FAR 25.202(a)(2).

N/A.

6. Demonstration that the Proposed Contractor’s Unique Qualifications or the Nature of the Acquisition Require Use of the Authority Cited. The proposed contractor’s, Cellebrite, unique qualifications include proprietary training that enables USCG DFE to extract data from locked android vendor devices including Samsung, LG, Huawei, Motorola, Sony, Google, and iOS devices such as iPhones, iPads and iPods in a manner by which is forensically sound for the purpose of Criminal Investigations using the Cellebrite system. Cellebrite training courses are needed to train DFEs to industry standard. Only brand name Cellebrite can be used to support the current infrastructure. Potential vendors must be authorized and certified to maintain and service this brand specific software. This USCG DOMEX training is authorized in accordance with CG-721.

(a) Cellebrite Inc. is the sole source for Cellebrite Training Services Basic

Wallet item (CTSW). Every USCG DFE has a requirement to attend multiple Cellebrite training courses a year. This resolves oversight and management of this unique requirement.

(b) Cellebrite Inc is a proprietary product that acquires data from locked android and iOS devices, including GPS and handheld satellite phones.

Cellebrite software is currently integrated into the Coast Guards DF/DOMEX program. The USCG currently uses Cellebrite and this is a renewal of the annual maintenance subscription. For any other source to perform this requirement would demand considerable start-up cost to include purchasing a complete infrastructure replacement with a significant increase in cost. This involves purchasing and configuring the new equipment, implementation, and training.

Other companies can conduct extractions on Android devices, but not iOS devices and vice versa. If another contractor would provide new software licenses, one of the main missions of the DOMEX program will not be completed. Cell phone extractions are pivotal to criminal investigations and are necessary to maintain evidence of a crime.

(c)

7. Description of Efforts Made to Ensure that Offers are Solicited from as Many

Potential Sources as is Practicable.

(a)

(b) On December 20, 2024, the Contracting Officer posted a Notice of Intent to Sole Source

Contracting Opportunities website; this announcement was posted in effort to ensure that proposals could be solicited from as many potential sources as is practicable.

As required by 10 U.S.C. 2304(l), this justification shall be made publicly available within fourteen (14) days after contract award and remain posted for a minimum of thirty (30)days.

8. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable. The contracting officer determines that the anticipated price(s) will be fair and reasonable based on market research historical pricing, published price lists and comparison with pricing provided to other government customers. and contract quotes from Cellebrite Inc. The services software and hardware required from Cellebrite are proprietary and are in alignment with current forensic practices, system and training used by the Coast Guard.

9. Description of Market Research.

(a) The USCG reviewed current and past contract data for terms, possible sources, and pricing. This information lead to the development of the USCG’s Independent Government Cost Estimate (IGCE) and the determination that only one source can perform this effort.

(b) On December 20, 2024, the Contracting Officer published an Intent to Sole Source, through the Contracting Opportunities website www.beta.sam.gov, requesting capabilities from sources within the commercial market.

(c) Example: Quotes were obtained from Cellebrite Inc for services. The internet was searched for a list of service providers, but no other vendor can provide the necessary training to support this contract request. The forensic training solutions needed are proprietary to Cellebrite. USCG intends to procure a brand name specification for CTSW training. Cellebrite is a proprietary software that enables data from locked android vendor devices including Samsung, LG, Huawei, Motorola, Sony, Google, and iOS devices such as iPhones, iPads and iPods in a manner by which is forensically sound for the purpose of Criminal Investigations. This training is internally developed and distributed/sold only by Cellebrite Inc. Only Cellebrite can train to the necessary standards to certify USCG DFEs to legally acquire evidence from seized mobile devices. Potential vendors must be authorized and certified to maintain and service this brand specific software. This is USCG DOMEX Training is authorized in accordance with CG-721.

(a) (Section is required to be completed when the J&A includes the exception listed under FAR 25.103(b)(2) or FAR 25.202(a)(2)). The USCG has procured mobile forensic support from Cellebrite Inc. for over 20 years. Coast Guard forensic examiners are familiar with the use and operation of Cellebrite Forensic tools and require access to variety of Cellebrite training through the establishment of a centrally managed CTSW.

This training is proprietary to Cellebrite. No other company can provide mobile forensic training needed to support this mission.

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

(a) Cellebrite Inc provides proprietary forensic CTSW training solutions required by the

Coast Guard. No other mobile forensic provider can provide these same services.

Cellebrite is the industry leader for mobile forensics.

11. A Listing of the Sources, if Any, that Expressed, in Writing, an Interest in the Acquisition. N/A

12. 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. N/A

The Coast Guard is requiring the establishment of a centralized way to manage Coast Guard DFE access to a variety (over 40) of Cellebrite Digital Intelligence and Forensic Courses through the establishment of a CTSW. Not having training services will have a negative effect on our ability to carry out digital forensic support to the Coast Guard.

The government will continue to research additional methods for future acquisitions to promote competition.

13. Contracting Officer’s Certification.

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 Date Contracting Officer

14. Technical/Requirements Personnel Certification.

I certify that this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for the justification, is accurate and complete.

Name Date Technical Representative/COR

RECOMMENDED FOR APPROVAL OR APPROVAL – UPDATE THIS SECTION SO

THAT THE FINAL APPROVER HAS THE APPROVAL HEADING ABOVE THEIR

SIGNATURE AND THE OTHER APPROVAL PARTIES HAVE RECOMMENDED

FOR APPROVAL HEADING ABOVE THAT CHAIN (IF APPLICABLE):

Name Date Contracting Officer