Brand_Name_for_posting.pdf

BRAND NAME JUSTIFICATION

1. IDENTIFICATION OF AGENCY AND CONTRACTING ACTIVITY:

Requiring Agency: Federal Trade Commission (FTC)

Office of the Chief Information Officer (OCIO)

600 Pennsylvania Ave, NW

Washington, DC 20580

Ordering Activity: Federal Trade Commission (FTC)

Acquisitions Branch

600 Pennsylvania Ave, NW

Washington, DC 20580

2. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED

The nature of this procurement is to acquire brand name trade in from UFED Touch1 to

UFED4PC with Kit brand device.

The Financial Management Office/Acquisition Branch (FMO) intends to establish a contract to support the procurement of trade in from UFED Touch1 to UFED4PC with Kit for the Office of the Chief Information Officer (OCIO).

The acquisition is being conducted via open market and will result in a single Firm, Fixed Price

(FFP) Delivery Order (DO) for the FTC from UFED Touch1 to UFED4PC with Kit. No period of performance applies for this delivery order.

Due to the circumstances described below, request the following be acquired by restricting competition based on brand name product particular to one manufacturer. The requirement for purchase of trade in from UFED Touch1 to UFED4PC with Kit is particular to one manufacturer.

3. A DESCRIPTION OF THE SUPPLIES OR SERVICES REQUIRED TO MEET THE

AGENCY'S NEEDS:

The Office of the CIO is requesting a one-time purchase of the trade in from UFED Touch1 to

UFED4PC with Kit for the Bureau of Consumer Protection (BCP).

The Bureau of Consumer Protection’s (BCP) current UFED Touch1 device is reaching its end of life on June 30, 2018. Due to this, the device will no longer be supported by Cellebrite and will not receive updates that are critical to BCP’s continued investigative work with mobile devices.

Consequently, BCP must acquire a new compatible device.

Cellebrite is offering their new compatible product (UFED4PC), which will again enable BCP to receive current updates and complete BCP’s mission. Cellebrite offers a reduced cost acquisition through a trade-in of BCP’s current UFED Touch1 device.

UFED4PC is Cellebrite’s newest device-based mobile forensic solution. It is based on the same trusted UFED technology used by BCP, enabling BCP to perform extraction, decoding, analysis and reporting on a single platform. It performs physical, logical, file system and password extraction of all data from the widest range of devices including legacy and feature phones, smartphones, portable GPS devices, and tablets. UFED4PC runs on BCP’s existing hardware alongside other BCP third-party device.

Due to the above, BCP does not want to incur the additional costs, licensing issues, learning curve, incompatibilities and delays associated with acquiring any other replacement technology.

The estimated dollar amount for this procurement is $6,000.00 (see attached supporting documents Q-44398 - Federal Trade Commission).

4. THE AUTHORITY AND SUPPORTING RATIONAL AND, IF APPLICABLE, A

DEMONSTRATION OF THE PROPOSED CONTRACTOR'S UNIQUE

QUALIFICATIONS TO PROVIDE THE REQUIRED SUPPLY OR SERVICE:

As defined in FAR 6.302, the required device and services in this procurement are peculiar to one brand name. The FTC is purchasing new device to replace previous device, and per the market research, only UFED4PC with Kit will do. No other device is compatible with the FTC’s current needs.

UFED4PC with Kit is produced by Cellebrite Inc. and as of the time of this brand name justification, it is unclear if any authorized resellers exist. However any offeror can only provide the UFED4PC with Kit because there is no other system that is compatible with the FTC’s needs.

This is not a technology refresh, it is a fully compatible replacement for existing equipment and licenses.

5. A DETERMINATION BY THE ORDERING ACTIVITY CONTRACTING OFFICER

THAT THE ORDER REPRESENTS THE BEST VALUE.

The Contacting Officer (CO) has determined that this acquisition represents the best value and will provide the lowest overall cost to meet the Federal Government’s needs.

This acquisition will be competed via full and open competition on Fed Biz Opps (FBO). The procurement is 100% brand name set aside. Based on the market research conducted, it is anticipated adequate competition is available. Therefore the contracting activity will post the requirement on FBO, seeking competitive quotations. Using the procedures in FAR 16.2, the

CO has concluded the anticipated order will represents the best value.

6. A DESCRIPTION OFTHE MARKET RESEARCH CONDUCTED AMONG SCHEDULE

HOLDERS AND THE RESULTS OR A STATEMENT OF THE REASON MARKET

RESEARCH WAS NOT CONDUCTED.

In accordance with FAR 10.002, market research was conducted for the initial Cellebrite purchases by technical representatives of OCIO to determine the availability of the functionality required to meet the Federal Government’s needs. This procurement is for a replacement/upgrade only and no market research was conducted at this time. The FTC viewed other contract vehicles to determine if there is more than one source that offers the product.

Migrating to another Brand Name source would cause the Federal Government to incur significant expenses and inefficiencies in conducting its activities. The Federal Government would suffer if the replacement was not acquired because it would not be able to get product updates/upgrades if it ran into a problem and would not have technical support. Typically, this tool would be used in conjunction with a matter being litigated by the Federal Government and if the Federal Government ran into problems, it would not be able to get the data necessary for the litigation

It is determined that trade in from UFED Touch1 to UFED4PC with Kit be used in order to maintain full compatibility and continuity of services with the Federal Government.

7. ANY OTHER FACTS SUPPORTING THE JUSTIFICATION.

N/A

8. A 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.

In accordance with FAR 6.3 this Limited Sources Justification will be posted to FBO at https://www.fbo.gov/index). Any response to the Limited Sources Justification will be noted and considered for use in future procurements similar to this one.

There will be no barriers to future competition. Any future requirements will be evaluated on their own merit and, to the maximum extent practicable, shall be procured using full and open competition.

9. CERTIFICATIONS AND APPROVALS:

Pursuant to FAR 6.3 "Approval of the Justification," the following approvals are provided:

Procuring Contracting Officer Certification:

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

DATE

Contracting Officer

9/7/18 https://www.fbo.gov/index