FY21_JFLOFO_IT_Forensics_W9M10022_wSigs.pdf

NATIONAL ACQUISITIONS SECTION

Justification for Limitation of Fair Opportunity

Pursuant to the Federal Acquisition Regulation (FAR) Subparts 13.106-1 (b)(1)(i) and 13.501(a)(1)(ii) and the Bureau of Prisons Acquisition Policy (BPAP) Subpart 6.304(a), the U.S.

Department of Justice (DOJ), Federal Bureau of Prisons (Bureau) has determined that a justification for sole source brand name item and/or service is warranted for this procurement action.

The following is supporting documentation in accordance with FAR Subpart 6.303-2.

1. Identification of the Agency and the Contracting activity:

U.S. Department of Justice, Bureau of Prisons, Central Office, Administration Division, Acquisitions Branch, National Acquisitions Section.

Requiring Office: Office of Information Technology (OIT), Advanced Systems Branch.

2. Nature and/or Description of Action being approved:

Pursuant to the Federal Acquisitions Regulation (FAR) Subparts 13.106-1(b)(1) and 13.501(a) and the Bureau of Prisons Acquisition Policy (BPAP) Subpart 6.304(a), the Federal Bureau of Prisons has determined there is only one source reasonably available. The Bureau intends to issue this task order pursuant to FAR 13.106-1(b)(1), which requires ordering activities to place orders on a competitive basis unless this requirement is waived on the basis of a justification. Pursuant to BPAP 6.304(a), approval of this justification is approved by the awarding contracting officer.

3. Description of Supplies/Services required to meet the Agency’s Needs including the estimated value:

The Bureau’s Correctional Services Branch has a requirement for the renewal of UFED 4PC ULTIMATE annual licensing, UFED Device Adapter 3 Kit, Pathfinder Enterprise Classic SW Renewal licensing, Premium Unlimited Package annual licensing, Premium iOS AFU Adapter licensing, Premium Unlimited iOS and Android licensing, and CAS unlock for the Premium Package licensing. The adapters and annual licensing maintenance and support provides all new software releases; licenses; system updates; program temporary fixes; and documentation updates related to Cellebrite’s forensic software required for the specific examination and analysis of contraband mobile devices.

The purchase order will incorporate a fixed firm-price and cover the performance period of October 1, 2020 through September 30, 2021 for all licenses and adapters except for the Pathfinder Enterprise Classic SW Renewal which has a performance period of November 20, 2020 through November 19, 2021. The software licensing and adapters are designed and developed by Cellebrite Inc., which is the only source available for the licensing and maintenance services required.

The requirement is not expected to exceed $159,585.00

4. An identification of the statutory authority permitting other than full and open competition:

Federal Acquisitions Regulation (FAR) Subparts 13.106- 1(b)(1) and 13.501(a) and utilizing the justification approvals from the Bureau of Prisons Acquisition Policy (BPAP) Subpart 6.304(a), the Federal Bureau of Prisons has determined there is only one source reasonably available.

The following is supporting documentation using the format at 6.303-2, modified to reflect that the procedures in FAR subpart 13.5 were used.

5. Determination that proposed Contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited:

This justification is being submitted for approval in accordance with FAR 13.501(a)(1)(ii), since there is only one responsible source and no other supplies or services will satisfy agency requirements. Cellebrite DI Ltd., acting through its United States-based subsidiary, Cellebrite Inc., is the sole manufacturer and developer of all Cellebrite products Cellebrite UFED Touch1 and Touch2, UFED Infield TK and UFED Infield Kiosk; Cellebrite Analytics Desktop, CMS, Cloud Analyzer, UFED4PC and Physical Analyzer; Cellebrite Analytics Enterprise, Cellebrite UFED Premium; and Cellebrite "UFDR" file.

The Bureau has a requirement for the acquisition of annual renewal of UFED 4PC ULTIMATE licensing, UFED Device Adapter 3 Kit, Pathfinder Enterprise Classic SW Renewal licensing, Premium Unlimited Package annual licensing, Premium iOS AFU Adapter licensing, Premium Unlimited iOS and Android licensing, and CAS unlock for the Premium Package licensing software from Cellebrite, Inc. The adapters and software used perform specific forensics examination of contraband mobile devices and to provide support to internal and external investigations, and to maintain maintenance and support, including upgrades to new versions, patches and fixes, phone support 24X7for software assistance. In this instance, there is only one source capable of providing annual licensing required for UFED 4PC ULTIMATE mobile forensics. Cellebrite, Inc. owns the proprietary rights and source code. Although Cellebrite, Inc. has granted reseller authority for these services/supplies to any other vendors found on NASA SEWP V, the UFED Device Adapter 3 (UDA3) Kit and Analytics Enterprise SW License Renewal is not on the authorized resale authority list currently.

Like many other forensics software on the market Cellebrite, Inc. provides support for limited forensics examination of mobile devices that includes the acquisition and interpretation of artifacts created. The BOP Forensics lab utilizes UFED 4PC ULTIMATE as well as many other popular forensics packages to augment the digital forensics examination of mobile devices. Currently there are no single solution for mobile forensics examinations since there are multiple cellular hardware and software vendors.

This is a known and well-established fact in the forensics community.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practical, including whether a notice was or will be publicized as required by Subpart 5.2 and if not, which exception under

5.202 applies:

The agency will periodically conduct Market Research to ensure that the best product and prices are being obtained to meet the minimum needs of the Government. Based on that Market Research, a determination will be made as to whether full and open competition is cost effective and beneficial in future acquisitions of this nature within the BOP.

Furthermore, the contracting officer will publish the notice to award a sole source contract on the Federal

Business Point of Entry (GPE) website, www.BETA-SAM.gov, in accordance with FAR Subparts 13.105(a) and 5.203(a).

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable:

Previous Market research was conducted which determined that the cost of software was within a reasonable and fair price range compared to other software of its nature.

8. A description of the market research conducted:

Previous Market research was conducted through NASA SEWP V which determined that Cellebrite, Inc. owns the proprietary rights and source code, and has granted some but not all reseller authority for these services/supplies to other vendors. Currently, the UFED Device Adapter 3 (UDA3) Kit and Analytics Enterprise SW License Renewal is not on the NASA SEWP V authorized resale authority list. The UFED 4PC ULTIMATE like many other forensics software on the market have support for limited forensics examination of mobile devices that includes the acquisition and interpretation of artifacts created. The BOP Forensics lab utilizes UFED 4PC ULTIMATE as well as many other popular forensics packages to augment the digital forensics examination of mobile devices. Currently there are no single solution for mobile forensics examinations since there are multiple cellular hardware and software vendors. This is a known and well-established fact in the forensics community.

9. Any other facts supporting the use of other than full and open competition: N/A

10. A listing of Sources, if any, that expressed, in writing, an interest in the acquisition:

Cellebrite, Inc.

11. A statement of actions, if any that were taken to remove or overcome any barriers to competition:

In this instance, there is only one source capable of providing the full Cellebrite analytics enterprise adapter and software licensing capabilities currently being used by the BOP in the Forensics Lab.

12. Technical and Requirements Certification: I hereby certify that the supporting data under my cognizance which are included in this justification for approval is accurate and complete to the best of my knowledge and belief.

Darnell Stewart Date Forensics Analyst

13. Contracting Officer’s Certification: I hereby certify this justification is made in good faith, the supporting data and information are accurate and complete to the best of my knowledge and belief.

Paul Brown Date Contracting Officer, National Acquisitions Section