CELLHAWK_LSJ_MEMO_REDACTED_03JUN2024.pdf

Control No:

Version – February 2017

Memorandum for Record – Limiting Competition at or below the Simplified Acquisition Threshold

1. Contracting Activity: U.S. Army Contracting Command – New Jersey (ACC-NJ)

2. Description of Action:

Nature: New Requirement Follow-on Requirement

Contract Vehicle: Purchase Order Number: TBD Blanket Purchase Agreement (BPA) Number Order/BPA# against FSS Contract # Order # against Multiple Award IDIQ Contract Name or #

Order # against a single award IDC Contract

Modification # to existing PO/TO/DO/Call Order

Pricing/Contract Type: Fixed Price Time & Materials/Labor Hours Cost Reimbursable Hybrid

Funds: Operations & Maintenance, Army (OMA) Other Funds:

FY: 2024

Name of Proposed Contractor(s) and Address:

LeadsOnline 6900 Dallas Parkway, Suite 825 Plano, Texas 75024-4200

Brand Name Buy: Yes No

3. Description of Services or Supplies: This requirement is for 90 each Cellhawk user subscriptions and one each user training session for 10 users (provided on a virtual platform) per period. These licenses will enable Criminal Investigators, Intelligence Analysts, and Digital Forensic Examiners to analyze data gathered from cell phone provider search warrant returns. Included with the subscriptions shall be support which includes, but not limited to, support upgrades, patches and technical support.

CAO-24-0204

The period of performance is as follows:

Base Period: 21 June 2024 – 14 June 2025

Option Period 1: 15 June 2025 – 14 June 2026

Option Period 2: 15 June 2026 – 14 June 2027

Option Period 3: 15 June 2027 – 14 June 2028

Option Period 4: 15 June 2028 – 14 June 2029

The estimated value, inclusive of all options, is

4. Authority:

FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

And 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Reasons for Authority Cited: The Criminal Investigation Division (CID) has a specific need for software with the ability to analyze and map call detail records.

Through market research, it was determined that only Leadsonline CellHawk software can meet all of the technical requirements as required by CID. Specifically, CellHawk Cell Phone Mapping & Analysis service provides a web-based solution for analyzing and mapping call detail records, geofence returns and digital location evidence. The CellHawk service contains features and functionalities that are not available from any other supplier, distributor, or vendor including the following: The ability to upload, map & analyze PDF files from AT&T; display all cell sites from each cell phone carrier, not just the ones used by a cell phone; display Per Call Measurement Data as provided by certain Code Division Multiple Access cell phone carriers (e.g., Sprint Reveal Report, Verizon RTT Report and TruCall from T-Mobile); ability to animate calls from multiple phones concurrently; ability to initiate a reverse phone-look-up on any outside number;

and the ability to filter on multiple parameters based on date, time, direction, day of the week, time of the day, including and excluding a specific outside number.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 do not apply due to the $ threshold, apply and will be followed, or do not apply due to an exception at 5.202

Requirement to post justification in accordance with FAR 8.405-6(b)(3), FAR 13.105(c), or FAR 16.505(a)(4)(iii)(A)

Action is NOT a brand name restriction and is under $150K, no posting

Required.

Action is a brand name restriction, under $25K, no posting required Action is a brand name restriction, over $25K. It will be redacted and posted with the solicitation.

Action is a brand name restriction over $25K but will not be posted due to exception:

FAR 6.305(f) FAR 8.405-6(b)(3)(iii)(A) FAR 8.405-6(b)(3)(iii)(B) FAR 8.405-6(b)(3)(iii)(C) FAR 16.505(a)(4)(iii(C)

7. Market Research: Market research was performed from January 2024 through April 2024 by the CID Computer Crime Program Manager and ACC-NJ. This research included surveying Defense Criminal Investigative Organization members of the Defense Cyber Operations Panel, surveying the members of the International Association of Computer Investigation Specialist lists, and conducting internet searches. All research confirmed that Leadsonline Cellhawk software is the only product capable of meeting all CID requirements. Additionally, Leadsonline confirmed that there are currently no resellers available for this product.

In accordance with the Army Federal Acquisition Regulation Supplement 5139.101.90(a)(1) “The Army’s Computer Hardware, Enterprise Software and Solutions (CHESS) program, under the Program Executive Office Enterprise Information Systems, is the mandatory source for commercial IT hardware and software purchases…” CID obtained a CHESS statement of non-availability on 26 February 2024 and a CHESS Waiver on 16 April 2024.

8. Other Facts: None.

9. Technical/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.

10. Contracting Officer Certification/Approval: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon a price analysis of the vendor’s quote.

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source is in the best interest of the Government. Additionally, I approve this justification to limit competition subject to the availability of funds and provided that the services or supplies herein described have otherwise been authorized for acquisition.