Attachment_2_Brand_Name_Only_Justification.pdf

Requirement Title / Name:

Purchase Request Number:

Originating Office (Customer):

Division / Unit / Branch:

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

This is a justification for other than full and open competition.

Agency:

IA Acquisition Office:

Nature and/or description of the action being approved:

A description of the supplies or services required to meet the agency’s needs (including the estimated value):

IGE:

An Identification of the statutory authority permitting other than full and open competition:

AUTHORITY:

A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

Graykey Forensic Software License

44007860

Marcelino Toersbijns, Unit Chief Office of Justice Services(OJS)/Missing and Murdered Unit(MMU)

Bureau of Indian Affairs

A16 Central Office - Services & Supplies

FAR 13.501(a)

This is a brand name only justification for the Graykey Mobile Premier forensic software and reader device.

This system will assist the MMU to perform forensic extractions of digital media (mobile devices).

A written solicitation will be issued via SAM.gov in accordance with FAR 12.603(a) as an 100% set aside for Indian Small Business Economic Enterprise (ISBEE) vendors. This procedure combines the synopsis required by 5.203 and the issuance of the solicitation into a single document.

New

Firm-Fixed Price

JA25-00128

Forensic software and reader device: Graykey Mobile Premier with Unlimited iOS and Android Extractions and a Graykey unit that allows the Special Investigation Division and Missing and Murdered Unit to extract ESI (Electronically Stored Information) from seized/recovered mobile devices, tablets, hard drives, USB devices, etc.

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

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. This determination is based on the following:

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

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

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

11. A statement of any actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

Competitive quotes and commercially published price list.

A search on the Native American Businesses in SAM.gov with the NAICS 513210 it was determined that 77 IEEs vendors could potentially fulfill this requirement. A search on the Federal Procurement Data System (FPDS) shows several small business resellers that can provide the Graykey product.

It has been determined there is adequate competition available for this effort. See file (A14-Market Research).

Full and open competition is not feasible for the acquisition of forensic software due to the absence of suitable technical data packages, specifications, or statements of work that are necessary for a comprehensive solution. The proprietary technology and unique functionalities inherent in the brand-name software are critical for our operations, making it impractical to develop standardized specifications at a reasonable cost. Additionally, the complexity and specialized nature of forensic investigations require tools that are specifically tailored to the needs of our agency, and no equivalent alternatives exist that can meet these requirements. Pursuing full and open competition would likely lead to significant delays in obtaining the required software, disrupt critical investigative services, and create inefficiencies in ongoing operations, ultimately resulting in costs that far exceed any potential benefits. Therefore, this justification supports the use of other than full and open competition for acquiring the necessary forensic software.

This product is commercially available and the research shows two or more IEEs could fulfill this requirement.

We will work closely with the customer to explore whether alternative models from other manufacturers could be considered, especially if replacing the entire stock of equipment can be accomplished through a single procurement.