JA6 (final) - Magnet Axiom Training (Other Than Full).pdf

Defense Threat Reduction Agency

8725 John J. Kingman Road, Stop 6201 Fort Belvoir, VA 22060-6201

23 June 2021

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Annual Magnet Forensics’ Axiom Training Passes

1. Description of Action The Defense Threat Reduction Agency (DTRA) contracting activity proposes the use of other than full and open competition to procure annual training passes for Magnet Forensics’ Axiom Software (Axiom).

2. Description of the Supplies Required Axiom is a complete investigation platform with the ability to recover, analyze, and report on data from mobile, computer, and cloud sources in one case file. Brand name specifications are applicable to this justification for annual training passes (Item #3AT02), as only Magnet Forensics, and its three (3) authorized resellers, are approved to distribute training passes for the Axiom software.

Security and Counterintelligence Division (OI-MSC), Counterintelligence Activities in Cyber Space (CICS) program originally purchased the Axiom software from Magnet Forensics USA, INC in FY19 using contract HDTRA119P0046. The OI-MSC, CICS program has since incorporated Axiom software into its suite of forensic capabilities and the annual training passes will maximize personnel knowledge and utilization of the software’s capabilities. Continued training is needed in order for DTRA personnel to effectively and efficiently utilize this critical Axiom software. Purchase of these annual training passes is therefore essential, allowing DTRA OI-MSC to make this training more readily available to OI-MSC personnel responsible for its use.

a. Period of Performance:

Base - 17 September 2021 – 16 September2022, $11,990.00 Option Year 1 – 17 September 2022 – 16 September 2023, $12,990.00 Option Year 2 – 17 September 2023 – 16 September 2024, $13,990.00 Option Year 3 – 17 September 2024 – 16 September 2025, $14,990.00 Option Year 4 – 17 September 2025 – 16 September 2026, $15,990.00

b. Total estimated cost of acquisition for base plus option years: $69,950.00

3. Statutory Authority The statutory authority for this action is FAR 6.302-1, Only One Responsible Source and specifically FAR 6.302-1(c). Application for brand-name descriptions.

4. Applicability of Authority As Axiom software is a brand name product of Magnet Forensics USA, INC, only they, or one of their authorized resellers (details in section 7), are permitted to provide pricing for the required annual Axiom training passes.

J&A for Other than Full and Open Competition Annual Magnet Axiom Training Passes

OI-MSC

5. Effort to Solicit Potential Sources A sources sought for Magnet Forensics’ Axiom training passes was posted for fifteen (15) days, from 18 May 2021 to 04 June 2021, on the Government Point of Entry (GPE) beta.SAM to ensure that there are no other vendor’s capable of fulfilling this requirement. No responses were received in reply to the sources sought.

The DTRA OI-MSC Division will continue to annually examine whether the Magnet Forensics’ Axiom software continues to fulfill the requirement for investigative software. Additionally, the CICS will research other products that may provide the same/similar services thereby permitting future opportunities for competitive acquisition via the Competition in Contracting Act (CICA) and FAR Part 13 competitive requirements (Maximum Practicable Competition per the Rule of 3).

6. Fair and Reasonable Costs The anticipated price to the Government for this contemplated contract action will be determined fair and reasonable based upon competition amongst Magnet Forensics and its authorized resellers who submit technically acceptable quotes. The proposed pricing will also be compared to historical costs and the Government’s Independent Estimate.

7. Market Research In addition to the sources sought request posted via GPE which received no responses, a review of supporting documentation from previous Axiom software purchases as well as further current market research, shows that similar products from other companies, cannot meet, nor can they be modified to meet, the Agency's need.

In conjunction with the original procurement of the Axiom software, four (4) Magnet Axiom training courses were purchased for $11,200. The annual training pass allows one (1) employee to take all nine (9) available courses, in-person, or online, over a 12-month period. An annual training pass costs $5,995.00 as compared to individual courses priced at $3,000.00/each.

Market research indicates that purchasing annual passes instead of individual classes will provide a cost savings and allow additional trainings during the pandemic while personnel are working from home. The training costs listed above are comparable to the cost of training on other OI- MSC contracts and in line with previous purchases of Axiom software training courses.

AL-ACB requested up-to-date sole source documentation on company letterhead, a list of authorized resellers as well as current pricing for the annual training pass. On the basis of the market research performed, Magnet Forensics, and its authorized resellers, are considered likely sources for the Axiom software annual training passes. All of these items were provided by Magnet Forensics USA, INC and will be filed at Tabs 1B “Sole Source Determination” and 1D “Market Research” of the OneNote file for this requirement (HDTRA1-21-R-0020). The projected pricing for an annual pass is in line with the Government’s independent estimate. The authorized resellers for Magnet Forensics’ Axiom software Training Passes are as follows:

Annual Magnet Axiom Training Passes

OI-MSC

1. Silver Line Tech, Contact: Kim Wagner, Phone: 703.403.4230, email:

kim@silverline.tech

2. Compsec, Contact: David Strauss, phone: 703.407.5187, email:

dstrauss@compsecinc.com

3. PCI Tec, Contact: Kristy Smallwood, phone: 540.635.4402 ext. 300, email:

ksmallwood@pcitec.com

8. Other Facts As the required commercial software or related services are not in the DoD inventory, and not on an ESA, the contracting officer may fulfill the requirement by other means.

9. Interested Sources

Magnet Forensics USA, INC and their three (3) authorized resellers: Silver Line Tech, Compsec, and PCI Tec.

10. Subsequent Actions AL-ACB will solicit quotes directly from Magnet Forensics USA, INC and their three (3) authorized resellers: Silver Line Tech, Compsec, and PCI Tec for a lowest price technically acceptable offer.

Annual Magnet Axiom Training Passes

OI-MSC

Technical Certification I certify that the data and information forming the basis for this justification are accurate and complete to the best of my knowledge and belief.

Stephanie D. Matthews-Smith Date Program Manager

General Counsel Coordination This justification is legally sufficient.

Steven Cullen Date Associate General Counsel

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

Russell V. Kelley, III Date Contracting Officer, AL-ACB Defense Threat Reduction Agency

24 June 2021