JOFOC_Redacted.pdf

SOLE-SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN

COMMERCIAL ITEMS IN ACCORDANCE WITH FEDERAL ACQUISITION REGULATION

(FAR) 13.5

Pursuant to the Federal Acquisitions Regulation (FAR) Subparts 13.106-1(b)(2) and 13.501(a) and the Bureau of Prisons Acquisition Policy (BPAP) Subpart 6.304(c), the U.S Department of Justice, Federal Bureau of Prisons, has determined there is only one source reasonably available. The following is supporting documentation in accordance with FAR Subpart 13.501(a)(2)(ii).

1. Identification of the agency and the contracting activity.

U.S. Department of Justice, Federal Bureau of Prisons, Central

Office, Administration Division, Acquisitions Branch, Privatized Corrections Contracting.

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

This is a sole source, firm-fixed price base and four option year acquisition for Trend Micro, Deep Security – Enterprise Perpetual, Licenses and Trend Micro Professional Support Services procured in accordance with the Federal Acquisition Regulation (FAR) Subpart 13.5 Simplified Procedures for Certain Commercial Items.

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

The Bureau requirement includes the renewal of 1,300 existing Trend Micro, Deep Security – Enterprise Perpetual, Licenses and Trend Micro Professional Support Services to properly configure and provide day to day management of the installed solution along with the integration with other Security Operations Center (SOC) tools that are critical to Cyber Security Mission.

The renewal will provide the Bureau with 24X7 Technical Support, Product Updates, Weekly Threat Updates, and day to day management of the installed product suite. The estimated total dollar value of this procurement is $2,400,652.80 and is inclusive of the twelve-month base year, December 23, 2022 to December 22, 2023, and four twelve-month option years.

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

The statutory authority permitting other than full and open competition is 41 U.S.C. 1901, determined that the use of this authority is appropriate pursuant to FAR Subpart 13.501(a)(1), that the circumstances of this action deem only a single source is reasonably available.

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

Trend Micro owns the source code and proprietary rights to Deep Security, which is currently in production at the Bureau. Deep Security detects and protects against vulnerabilities, malware, and unauthorized change with the broadest hybrid security capabilities for mixed environment of virtual, physical, cloud and containers. Deep Security eliminates the cost of deploying multiple point solutions while achieving consistent security across physical, virtual, cloud, and container environments which is a unique capability.

XentIT LLC is a certified Professional Service Partner (PSP) of Trend Micro and actively provides deployments on Trend Micro’s behalf. Trend Micro provides PSP certification to companies after they’ve been trained and certified in all three specialization areas and has proven extensive experience in the deployment and management of Trend Micro Products. XentIT is the only U.S. based PSP that has expertise on all three specialized categories for Network Defense, Hybrid Cloud Security, and User Protection products.

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 Contracting Officer will publish the sole source award notice to the government point of entry, https://www.sam.gov, website in accordance with FAR Subparts 5.203(a) and 13.105(a).

The justification will be made publicly available within 14 days after contract award as required by FAR 13.501(a)(1)(iii).

A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable:

In determining the fair and reasonableness of this acquisition, the Contracting Officer conducted a price analysis utilizing GSA Advantage available pricing for Deep Security licensing.

XentIT’s Federal Supply Schedule (FSS) price of $180.91 is one of the lowest prices available, with the second lowest FSS price being $189.75. XentIT provided a discount off their GSA Schedule pricing for the Deep Security – Enterprise Perpetual Renewal Licensing, which results in a cost savings of per license, or for all 1,300 licenses in the base year.

The Trend Micro Professional Services, Subject Matter Expert (SME), is not available on GSA FSS, and XentIT is the only U.S.

based certified Trend Micro PSP with the required certifications. The Contracting Officer reviewed XentIT’s FSS price list for a comparable SME, $157.74 per hour, in which the proposed price for the SME is per hour, or a discount, which results in a cost savings of per hour, or for the base year.

With the market research completed in section eight of this justification and price analysis of FSS pricing for same/similar servicers, the Contracting Officer hereby determines that the anticipated cost to the Government is fair and reasonable.

A description of the market research conducted and the results or the reason market research was not conducted:

Market Research was conducted by searching NASA SEWP V, GSA Advantage, and GSA eLibrary for current contract/schedule holders who provide Trend Micro Deep Security Licensing as authorized resellers. Results were found for the licensing only and not professional support services. Trend Micro was contacted to verify which of their Professional Service Partner (PSPs) actively provide deployments of the Deep Security suite and are certified in all three specialized categories for Network Defense, Hybrid Cloud Security, and User Protection products. Trend Micro responded that XentIT is the only U.S.

based PSP that has expertise and certification on all three specialized categories for Network Defense, Hybrid Cloud Security, and User Protection products.

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

N/A.

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

XentIT, LLC 2138 Priest Bridge CT

STE 9

Crofton, MD 21114-2463

SAM UEI: NZXMNAFVCNL7

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

Trend Micro is the sole provider and source code owner of Deep Security. They determine and certify their Professional Service Partners (PSP) and specialization requirements. The Bureau contacted Trend Micro for a list of all PSP providers, with the required certifications, and XentIT was the sole U.S. based provider with the qualifications. For this reason, there are no additional actions the Bureau can take at this time which could remove barriers before the subsequent acquisition of this requirement. The Contracting Officer will continue to conduct market research to ascertain the availability of other sources for competition for future acquisitions.