Attachment 2 - Justification and Approval.pdf

Kpler Licenses for the White House Situation Room (WHSR)

CUI

Page 2 of 5 Pages authorized reseller. The resultant purchase for the base period will be funded with Fiscal Year 2025 O&M funding will be provided by Military Interdepartmental Purchase Request (MIPR) number

The applicable North American Industrial Classification code is 518210 Computing Infrastructure Providers, Data Processing, Web Hosting, and Related Services.

3. DESCRIPTION OF SUPPLIES/SERVICES:

The purpose of this new contract action is to purchase a commercially available off-the-shelf (COTS), brand name specific Kpler custom bundle of intelligence data feed that includes 40+ commodities including Gas, Liquids, Petrochemicals, Dry and Energy transition data covering future of emissions and power reporting for 2 users. This bundle also includes the Maritime data feed (1 license) for up to 5 users including ship tracking, data services, fleet management for comprehensive insights. The Kpler data feed license for the Department of Defense (DoD) civilian will be accessed via an unclassified network.

This license will support intelligence gathering on the by providing the ability to track and identify global shipping activities in real-time including the ability to track vessels, observe vessel emissions, and track container shipments with predictive ETAs. The product will include delivery, support, and maintenance for each individual use license(s).

The licenses are provided with a 12-month period of performance from the date of delivery, with a requested date of delivery of 30 days after award. Four, one-year option periods shall be included in this contract action.

4. IDENTIFICATION OF STATUTORY AUTHORITY:

(a) Only one responsible source and no other supplies or services will satisfy agency requirements, 10 U.S.C. 3204(a)(1) (FAR 6.302-1/DFARS 206.302-1)

5. DEMONSTRATION OF CONTRACTOR’S UNIQUE QUALIFICATIONS

The essential feature(s) that are unique to the specific brand Kpler subscription include a broad data and analytics platform specializing in real-time shipping intelligence across a variety of commodities and their transportation channels. The platform is engineered to provide real-time tracking of data intelligence. Kpler processes and projects extensive data pertaining to commodity inventories, flows, and freight, encompassing over 40 different commodities, thereby offering broad industry coverage. Kpler's freight analytics provide detailed data on vessel movements and fleet performance. Users can analyze and track fleet performance for over 9,900 vessels and utilize tools like vessel matcher and freight calculator for voyage tracking.

Intelligence gathering and fleet information details are proving to be of critical nature in the current military environment where vessels may be targeted by enemy attacks. After conducting market research, the Government did not identify any other data solution with a combined on-

Kpler Licenses for the

Page 3 of 5 Pages premise capability than Kpler. There is no other platform currently on the market which is able to deliver real-time actionable intelligence from multiple proprietary resources. Kpler holds a unique mix of proprietary technology that is capable of consolidating and actively observing diverse data sources. Unlike other potential competitors, Kpler has proprietary coded machine learning capablities. For example, unlike other resources Kpler combines AIS signals, satellite imagery, port calls, and trade flows to provide unmatched accuracy and speed across global parameters. Their active collection from Marine traffic and Spire Maritime provides accurate and quality tracking of cargo ships and maritime tracing.

(a) Description of events.

(1) Active treats, military interventions to prevent attacks, and previous attacks on merchant and military shipping vessels made intelligence gathering on maritime activities important. Kpler is used by the and was shared as a relevant and accurate data source for information.

collaborated and initiated communications with Kpler to validate the requirement.

(2) The has been utilizing a demonstration version of Kpler since October of 2024.

The capabilities have been determined to provide valuable information on shipping intelligence.

(3) In October 2024, Kpler was contacted to obtain market research pricing for services.

(4) In November 2024, a Request for Information notice was sent via NASA SEWP,

(5) In December 2024, it was determined that SEWP was not a viable strategy and it was determined that an open market brand name sole source procurement would be pursued.

(b) Justification.

(1) Minimum Government requirements.

(a) Kpler intelligence data feed including 40+ commodities including Gas, Liquids, Petrochemicals, Dry and Energy transition data covering future of emissions and power reporting for 2 users. This must include the Maritime data feed (1 license) for up to 5 users including ship tracking, data services, fleet management for comprehensive insights.

(2) Proposed brand name sole source contractor.

(a) Kpler Inc.

(3) Discussion regarding cause of the sole source situation.

(a) This is a new requirement. Currently, no other competitor meets all the

Government’s needs. However, the Government will continue to search the marketplace, and alternative solutions will continually be researched to determine if alternative brand name or equivalent solutions exist.

(4) Impact.

Kpler Licenses for the

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(a) would have a gap and lack of intelligence should the resource not be procured. Without a Kpler subscription, there is a risk that the would be unable to determine the ship identity and manifest/contents of ships of concern. The information provides decisive information and details. If a vessel is attacked by a terrorist organization, it would be critical to know the shipping contents to assist and determine if there would be a potential ecological disaster.

6. CONTRACT OPPORTUNITIES ANNOUNCEMENT/POTENTIAL SOURCES:

The Government requested market research quotes in November of 2024 on National Aeronautics and Space Administration (NASA) Solutions for Enterprise-Wide Procurement (SEWP) V for specific Kpler service licenses that included data permissions pertaining to intelligence gathering needs. In addition, a combined synopsis solicitation for this requirement will be posted to the GPE.

7. DETERMINATION OF FAIR AND REASONABLE COST:

The contract will be competitively solicited and a price analysis will be conducted.

8. MARKET RESEARCH:

Based on current market research, dated October 2024 to November 2024 it has been determined that only the aforementioned Kpler can fully meet the Government’s need. This requirement is for proprietary products and/or product support and no competitor functional replacement products exist in the market at this time to meet the Government's need. The Government will continue to conduct market research to determine if there are changes in the marketplace that would enable future competitive actions; i.e., there are similar products and/or product support in the marketplace that provides the same functionality.

9. ANY OTHER SUPPORTING FACTS: Not applicable.

10. LISTING OF INTERESTED SOURCES:

1)

11. ACTIONS THE AGENCY MAY TAKE TO REMOVE OR OVERCOME BARRIERS

THAT LED TO THE EXCEPTION TO FULL AND OPEN COMPETITION:

(a) Procurement History. Not Applicable.

Kpler Licenses for the White House Situation Room (WHSR)

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TECHNICAL CERTIFICATION: I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief.

NAME: SIGNATURE/DATE:

TITLE/ORGANIZATION:

PHONE:

REQUIREMENTS CERTIFICATION: I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief.

NAME: SIGNATURE/DATE:

TITLE/ORGANIZATION:

CONTRACTING OFFICER CERTIFICATION: I certify that this justification is accurate and complete to the best of my knowledge and belief. Since this effort exceeds $250K but does not exceed $750K, this certification serves as APPROVAL.

NAME: Cayti Abbott SIGNATURE/DATE:

TITLE/ORGANIZATION: Contracting Officer/ PS63

ALL QUESTIONS REGARDING THIS JUSTIFICATION ARE TO BE REFERRED TO

Carol Craig Contract Specialist

Cayti Abbott Contracting Officer/ PS63