JA_ Cellebrite KO signed_Redacted.pdf

NGIL-PFO-PC 22 June 2020

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND

OPEN COMPETITION-BRAND SPECIFIC

Supply: Counterdrug Task Force (CDTF) Cellebrite License Renewal

Authority: 10 U.S.C. 2304(c)(1) as implemented by FAR Part 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements—6.302-1(c) Application for brand name descriptions.

Amount:

1. Contracting Activity: Illinois Army National Guard United States Propertyand Fiscal Office (USPFO), 1301 N. MacArthur Blvd, Springfield, IL 62702.

2. Description of the Action: A single Firm Fixed Price (FFP) purchase order is anticipated to be awarded to the business concern through the procedures of Federal Acquisition Regulation (FAR) part 13. This new firm fixed priced delivery orderwill be solicited as a small business set aside as an other than full and open competition-brand specific requirement. Cellebrite licenses will be procured using FY 20 O&M funds. The quotations shall be evaluated on the basis of Lowest Price Technically Acceptable (LPTA).

3. Description of Supplies/Services: The Cellebrite UFED Touch 2 device is a forensic device which allows counterdrug investigators to extract, decode, and organize encrypted data from password protected electronic devices. The extracted data is then used in developing counterdrug cases and presented as evidence in court. Illinois National Guard Counterdrug Task Force currently have 35 but is only operating 30 UFED Touch 2 devices in order to assist local law enforcement agencies. The licenses for the current devices expire on 31 July 2020, and the Task Force is requesting 27 UFED Touch 2 Licenses for the devices so they can continue counterdrug operational support into FY21.

4. Authority Cited: 10 U.S.C. 2304(c)(1) as implemented by FAR Part 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements—6.302-1(c) Application for brand name descriptions.

5. Reason for Authority Cited: As described in FAR 6.302-1(c), Application for brand name descriptions, and acquisition or portion of an acquisition that uses a brand-name description or other purchase description to specify a particular brand-name, product, or feature of a product, peculiar to one manufacture does not provide for full and open competition, regardless of the number of sources solicited; and shall be justified and approved in accordance with FAR 6.303 and 6.304.

The Illinois Counterdrug Task Force currently uses 30 Cellebrite UFED Touch 2 Devices in support of law enforcement agencies throughout Illinois. UFED Touch 2 Devices require annual license renewals in order to operate. Cellebrite licenses are proprietary to

Cellebrite Inc. and cannot be substituted with other off the shelf licenses created by 3rd party vendors.

Costs: The acquisition of Cellebrite UFED Touch 2 licenses will allow the continued use of the current equipment that is owned by the Illinois National Guard. Cost savings are expected by purchasing license renewals as opposed to acquiring new equipment and licenses. License renewal reduces costs (annual license cost is approximately $3700 per device) compared with purchasing new devices (device purchase price is approximately $13,000 per device). Additionally, purchasing a different device will increase costs due to the need for additional training for the device users located in the 27 different statewide locations.

Time: Time will be saved by renewing current UFED Touch 2 Licenses as it will avoid the need of executing a supply contract for new devices in addition to the resources required to field new equipment to end users. License renewals can be performed remotely without the need to physically install the license on each device.

6. Efforts to Obtain Competition: Competition will be limited to Cellebrite Inc. and authorized resellers of Cellebrite Licenses. Cellebrite Inc. has several authorized resellers that can provide the services required in this contract. This justification and approval will be posted with the RFQ IAW FAR 6.305 Availability of the Justification. IAW FAR 5.202-(a)13 a synopsis is not required if the proposed contract action is under the Simplified Acquisition Threshold.

7. Actions to Increase Competition: Illinois National Guard Counterdrug Task Force has conducted market research to identify authorized resellers of official Cellebrite UFED Touch 2 Licenses.

8. Market Research: Market research was conducted by identifying authorized resellers of UFED Touch 2 Licenses and obtaining estimates.