Attachment 4 - Justification for Limiting Competition - Brand Name.pdf

CUI

Justification for Limiting Competition to Sole Source or Brand Name

Requiring Activity:

Specify the requiring activity requesting this action

Provide name, phone, email of EACH requiring activity POC who performed and/or evaluated market research for this requirement.

Description of Action: The requiring activity designated in block 1 requests a sole source brand name procurement

Requested vendor or manufacturer:

Estimated Total Dollar Value of Action (base plus all options):

Description of Supplies/Services:

Describe the services or the item to be acquired. If the action described is a modification to an existing contract, be sure to distinguish clearly between the work covered by the basic contract and the additional work to be obtained by the proposed modification.

Include quantities of supplies or the period of performance for services. Ensure all CLINs and associated estimates are accounted for in the appropriate year and total value.

For Actions without Options:

Period of Performance (POP): to OR Delivery Date

(insert required POP or delivery date – consider acquisition lead-time)

Value: $ Value: $ Value: $ Value: $ Value: $ Value: $ Total: $

Value: $

*For Actions with Options:

Base Period POP: to Option Period 1 POP: to Option Period 2 POP: to Option Period 3 POP: to Option Period 4 POP: to FAR Clause 52.217-8 option POP: to

(FAR 52.217-8 option is an extension of not to exceed 6 months, and billed at the last option period price. Usually used when follow-on contract cannot be awarded before the final option expires.)

NGIA-CDO (MCTC)

MSG Sean Lewis, sean.p.lewis.mil@army.mil, 515-727-3602 MSgt Jimmie Lasher, james.lasher.1@us.af.mil, 515-727-3605

Cellebrite

Cellebrite Mobile Forensics Fundamentals (CMFF) 2-day Cellebrite Certified Operator (CCO) 2- day

Both courses will be held back to back over a 4 day period at Camp Dodge Joint Maneuver Training Center to the same 20 student audience. This will be considered one class iteration. There shall be three iterations per option year.

27-Sep-2024 31-May-2025

1-Jun-20 31-May-2 1-Jun-20 31-May-2

Attachment 4

* Option quantities or performance periods are typically not allowed in justifications citing urgency. The total period of performance of a contract awarded using this authority may not exceed the time necessary to meet the requirements of the work to be performed and for the agency to enter into another contract for the required goods or services through the use of competitive procedures.

7. Authority Cited: Contracting will complete this block. Choose one of the statutory authorities permitting other than full and open competition. If there is more than one possible statutory authority that applies, choose the one that provides the strongest argument. Only one authority should be cited.

If follow-on to a contract that was awarded immediately prior and was not competed:

Previous contract number:

Authority cited on previous contract’s justification:

Actions to Increase Competition from previous contract’s justification:

Explain how those actions were completed OR if those actions were not completed, explain why:

(Attach a copy of the previous approved justification.)

NOTE: If the Government did not complete the planned actions to increase competition set forth in the prior J&A, the approval level of this J&A will be a level above the approval authority of the previous J&A IAW DFARS PGI 206.304(a)(S-70)(ii).

FAR 8.405-6(b)(1)

8. Rationale for limiting to brand name or sole source:

Provide the rationale for brand name or sole source, including consideration of the following:

a) If due to compatibility with existing systems or equipment, provide brands/models of the existing equipment.

b) If due to compatibility with existing systems or equipment indicate investment in the existing systems/equipment, to include dollars and man-hours, if applicable, that would be duplicated if this J&A is not approved (amount paid for existing systems/equipment, installation, and training; man-hours for training, etc.)

c) Unique functions, features, or capabilities of the requested product/service that cannot be met by another product/service.

d) Describe the mission impact if the J&A is not approved.

e) Any other information to support the justification for brand name/sole source.

9. Efforts to Obtain Competition: Describe efforts to ensure that offers are solicited from as many potential sources as is practicable.

10. Actions to Increase Competition: Include a statement of the actions taken, or to be taken, to increase competition before any subsequent acquisition of the supplies or services. If this J&A is for an end item or major item, describe action to increase competition for its spare/repair parts as well.

These are proprietary courses offered only by Cellebrite. Cellebrite is the primary cell phone extraction device used by the National Guard Counterdrug Program and these courses provide students with manufacture certification in the use of the devices.

This is not applicable as Cellebrite is the only source for their proprietary training.

Carasoft does sell seat vouchers to Cellebrite courses on GSA Advantage, but the actual course is still conducted by Cellebrite.

The Government will continue to verify the availability of Cellebrite training through authorized resellers, and post solicitations to the Government Point of Entry in order to maximize competition.

11. Market Research: Describe the type, extent and the results of the market research (FAR Part 10 and DFARS 210.001) conducted to identify all qualified sources. In accordance with AFARS 5110.002, market research must be meaningful, complete, and current (within 12 months).

Market research was conducted from to by

Check and describe the market research techniques used (see FAR Part 10), the sources contacted (company name, website, POC name and contact info), and the results. Include a listing of sources that responded to the market research and their qualifications, if applicable. Specifically address why another contractor identified through market research cannot meet the requirement.

NOTE: For J&As citing FAR 6.302-1, DFARS PGI 206.302-1(d) requires the Contracting Officer to post a request for information or a sources sought notice to the Government Point of Entry (GPE) and incorporate the results of this inquiry into the J&A.

12. Interested Sources: If applicable, include a listing of sources that expressed an interest in the acquisition.

To date, no other sources have written to express interest in the acquisition.

1-Oct-2023 31-Jan-2024

MCTC: MSG Sean Lewis, 1SG Jeremy Fehr, MSgt James Lasher, SGT Jacob Schuler

Organizational Contacts https://rcta.org https://nctc.counterdrug.org https://www.wrctc.org https://mctft.org Utilized google, yahoo, duckduckgo, for referencing “Cellebrite Training”

Cellebrite

14. Technical Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief. Only the most senior persons within the organization responsible for acquiring the supplies or services described in the justification (e.g. program manager, depot commander, or senior program engineer) and with specific knowledge of the individual requirement (commodity, technology, and/or function) shall sign the technical certifications.

Name: Signature:

Title:

15. Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief. Only the most senior persons within the organization responsible for acquiring the supplies or services described in the justification (e.g. program manager, depot commander, or senior program engineer) and with specific knowledge of the individual requirement (commodity, technology, and/or function) shall sign the requirements certifications.

Name: Signature:

Title:

Other Facts: Discuss any other facts supporting the use of other than full and open competition, such as the following:

W912LP-23-P-0042, awarded 09/27/2023, PoP ended 05/31/2024.

Brand Name Acquistions.

FAR 13.106-3(b)(3)(i)

Proprietary courses offered only by Cellebrite or authorized reseller.

N/A

N/A

N/A

MSG Sean P Lewis

Operations / Finance NCOIC

CPT Matthew Paulsen

MCTC OIC

Digitally signed by

LEWIS.SEAN.PATRICK.1293803

Date: 2024.02.12 14:28:35 -06'00'

PAULSEN.MATTHE

W.STEVEN.137431

Digitally signed by

PAULSEN.MATTHEW.STEVEN.

1374312991 Date: 2024.02.12 14:42:12 -06'00'