CRM Sanitization JEFO Signed.pdf

U.S. Department of Justice Justice Management Division Procurement Services Staff Washington, DC 20530

Control Log No. JMD24JA-PSS0016 Page - 1 - of 2

Justification for an Exception to Fair Opportunity FAR Part 16.505(b)(2)(ii)(B)

1. Identification of the agency and the contracting activity.

This justification is submitted by the United States Department of Justice (herein after Department or DOJ), in accordance with the requirements of Federal Acquisition Regulation (FAR) 16.505(b)(2)(ii)(B). The requiring organization is the Criminal Division, Chief Information Officer. The contracting entity is the Justice Management Division, Procurement Services Staff.

2. Nature and/or description of the action being approved.

The Department intends to issue a task order award to Hewlett Packard Enterprise Company’s (HPE) National Aeronautics and Space Administration (NASA) Solution for Enterprise-Wide Procurement (SEWP) V Government Wide Acquisition Contract (GWAC) NNG15SC14B for equipment sanitization and removal/relocation services.

3. Description of the supplies or services required to meet the agency’s needs, including the estimated value.

To ensure its protection, the Criminal Division is required to ensure any type of storage or media equipment that has hosted sensitive data is properly sanitized prior to releasing said equipment to external parties. Due to the type of storage and interfaces used, the Criminal Division needs a contractor to perform the necessary sanitization of sensitive data from HPE equipment and storage media devices utilizing procedures that are compliant with IRS Media Sanitization Guidelines and NIST 800-88 standards. In addition, all equipment that has been sanitized needs to be removed from the current data center location due to pending closure of the site during the second quarter of fiscal year 2025.

The task order award is to support a single non-recurring service requirement for an total not to exceed value of $363,060.81.

4. Authority and supporting rationale including, if applicable, demonstration of the proposed contractor’s unique qualifications to provide the required supply or service.

The equipment is considered part of a proprietary solution with HPE as the original equipment manufacturer (OEM) of the hardware that requires sanitization. HPE is the only source that has the required access and technical capability to support this effort. In addition, there is a higher risk for damage to equipment if DOJ utilized third party resources that would not take the same precautions for packaging, packing and preservation as the OEM. For these reasons, HPE is determined to be the only one source capable of providing the services required at the level of quality required because the services are unique and highly specialized.

Subject: FAR Part 16.505(b)(2)(ii)(B) JEFO - HPE

Control Log No. JMD24JA-PSS0016 Page - 2 - of 2

5. Determination by the Contracting Officer that anticipated cost to Government will be fair and reasonable consistent with FAR 16.505.

The DOJ conducted market analysis for similar services available on the open market, GSA and NASA SEWP to ensure the proposed pricing is fair and reasonable. The services offered under the NASA SEWP V solution has been determined fair and reasonable. Given this, and the unique needs of the Department for sanitization of HPE’s equipment in the immediate future, the Contracting Officer has made the determined that a task order through NASA SEWP V represents the best value to the government.

6. Description of the market research conducted among schedule holders and the results, or a statement of the reason market research was not conducted.

In the early part of Fiscal Year 2024, the DOJ issued an RFI under NASA SEWP that included a Statement Of Objectives (SOO). Responses from the RFI presented that none of the respondents would be able to perform the sanitization at the required level based on the guidelines and standards presented that would ensure data security. There were also external events that delayed supporting sanitization needs by the Criminal Division.

7. Statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made.

This is a one-time service requirement with no subsequent acquisitions being planned or considered.

8. Certifications, Concurrence and Approvals.

Technical/Requirements Personnel Certification:

I certify that the information contained in this document for which I am responsible is accurate and complete to the best of my knowledge and belief.

Janusz Wasiolek, Chief Information Officer Department of Justice, Criminal Division

Contracting Officer Certification:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

K. Sakura Higa, Contract Officer Procurement Services Staff, Justice Management Division