Justification Approval -Name Brand Berla_APPROVED.pdf

U.S. Customs and Border Protection

Justification and Approval for Other Than Full and Open Competition

For contracts or orders above the Simplified Acquisition Threshold (SAT)

Version 3.0 November 2020

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

1. Agency and Contracting Activity.

The U.S. Customs & Border Protection (CBP) Mission Support Contracting Division- West, on behalf of the CBP Laboratories and Scientific Services (LSS) Interdiction Technology

Branch (ITB), submits this Justification and Approval (J&A) for brand name supplies and services to procure technology, license renewals, and training support services to support

CBP’s digital forensic mission. Through this procurement action, LSS proposes to enter into a contract on a basis of other than full and open competition.

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

This J&A action is to procure equipment and services for Berla branded equipment, license renewal, and training. The equipment and services to be acquired includes the Berla iVe

Toolkit, Berla iVe Toolkit software licenses, and Berla training support services.

3. Description of Supplies/Services.

This acquisition is intended to secure a 5-year indefinite delivery, indefinite quantity (IDIQ) contract that would support CBP’s expanding portfolio of Berla digital forensic tools. This

IDIQ contract would support the acquisition of new Berla tools, license renewals for the kits currently in CBP’s inventory (along with any future equipment acquisitions), and training to support CBP's digital forensic mission. This would support LSS, as well as Office of Field

Operations (OFO) and U.S. Border Patrol (USBP). The estimated total value of the IDIQ contract (including options) is $1.3 million.

Period Total

Base Period 12 months $ 293,700.00

Option Period 1 12 months $ 372,536.25

Option Period 2 12 months $ 214,961.63

Option Period 3 12 months $ 216,639.81

Option Period 4 12 months $ 235,931.80

Total $1,333,769.49

4. Identification of Statutory Authority Permitting Other Than Full and Open

Competition.

The statutory authority permitting other than full and open competition is 41 U.S.C.

253(c)(1) implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1 entitled, “Only One Responsible Source and No Other Supplies or Services Will Satisfy

Agency Requirements.” For this particular acquisition, the relevant FAR citation is 6.302-

1(c) Application for brand-name descriptions.

5. Demonstration That the Nature of the Acquisition Requires Use of the Authority Cited.

Name brand Berla, specifically the Berla iVe Toolkit and supporting licenses and training support, is the only available solution on the market capable of meeting the CBP requirements identified below. The equipment, licenses, and training services outlined in the

Statement of Work can only be acquired through Berla-branded equipment and services for the following reasons:

• Berla-branded equipment is the only solution on the market capable of meeting CBP’s minimum requirements for a CBP Technical Reference Model (TRM) approved tool capable of exploiting vehicle infotainment systems;

• Berla-branded equipment is the only solution on the market capable of interfacing and extracting critical data/evidence from vehicles infotainment systems;

• Berla-branded equipment is the only solution on the market capable of parsing data, recovering deleted information, and viewing raw file systems; and

• Berla-branded equipment is the only solution on the market containing analysis and reporting tools that include mapping, data export, search, and timeline analysis.

In addition to the above, since 2018, CBP has invested over $500k, over a third of the anticipated value of this five-year requirement, fielding and training personnel on Berla systems to perform digital vehicle forensic analyses. Before CBP’s specific investment DHS

Science & Technology (S&T) funded a multi-year cooperative research and development initiative of the Berla tool to match CBP’s requirements. Pursuing an alternative tool would undermine both CBP’s and DHS S&T’s investment and likely result in a similar new investment (both monetarily and in time). Berla Corp. is the sole proprietor, developer, and manufacturer of Berla iVe Vehicle Forensic kits.

Should CBP be unable to secure Berla brand specific license renewals and certified training services, continuity of operations will be disrupted and personnel will be unable to operate equipment to support law enforcement activities.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

Market research was conducted and documented in accordance with FAR Part 10. Through market research, CBP digital forensic subject matter experts (SMEs) engaged with multiple industry partners to determine what available solutions would satisfy mission needs. This engagement included sharing capability gaps with industry that presented an opportunity to develop/produce solutions that would satisfy CBP’s requirements and reduce some barriers to competition. It was determined that no other brands can support CBP’s digital forensic mission. Attributed to the law enforcement sensitive nature of this investment, a notice of intent through APFS has not been published.

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

The Contracting Officer has determined that the anticipated price(s) will be fair and reasonable based on historic pricing. Regarding license renewals, equipment purchases, and training services, the Contracting Officer will be able to compare quoted prices to previous purchases made by CBP and other Federal agencies with investigation missions.

8. Description of Market Research.

LSS has the advantage of possessing and assessing competitors’ products in its portfolio of digital forensic tools and being able to ascertain the capabilities of non-Berla tools. When compared to the Berla product, digital forensic hardware options offered by competitors are limited in their capabilities and do not meet CBP’s requirements. Market research showed that only Berla Corporation manufactures the tools that would support CBP’s mission.

Market research also showed that other than the manufacturer (Berla), MSAB, Inc. is an authorized distributor of Berla-manufactured products. Market research has shown available sources is limited to these two companies.

9. Any Other Facts Supporting the Use of Other Than Full and Open Competition.

No other facts supporting the Use of Other Than Full & Open Competition other than those previously stated.

10. A Listing of the Sources, if Any That Expressed, in Writing, an Interest in the

Acquisition.

No source expressed in writing an interest in this acquisition.

11. A Statement of the Actions, if Any, the Agency May Take to Remove or Overcome Any

Barriers to Competition Before Any Subsequent Acquisition for Supplies or Services

Required.

Through market research and past cooperative research and development efforts, CBP digital forensic SMEs, along with DHS S&T have engaged with industry to determine what available solutions would satisfy mission needs. This engagement included sharing capability gaps with industry that presented an opportunity to develop/produce solutions that would satisfy CBP’s requirements and reduce some barriers to competition.

12. Posting Requirement.

CBP will post this requirement on FedBizOpps pursuant to FAR 6.305.

► J&A CERTIFICATIONS

13. REQUISITION/PROGRAM OFFICE CERTIFICATION

I certify that the foregoing justification is accurate, meets the Government’s minimum needs and contains complete information necessary to support the action described in this document and the authority cited.

Office: Laboratories and Scientific Services

Name: (Print): Melanie Glass

Title: Forensic Program Manager-Digital

Signature: _______________________________

14. CONTRACTING OFFICER CERTIFICATION/APPROVAL*

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Jared A. Tritle

Contracting Officer

Mission Support Contracting Division- West

Signature: ________________________________

* In accordance with FAR 6.304(a)(1), CO certification of a J&A for a requirement not exceeding $750,000 shall constitute approval of the J&A.

► J&A APPROVALS

15. COMPETITION ADVOCATE (Per FAR 6.304(a)(2) - Over $750,000 to $15M)

Approved Disapproved

Richard Gunderson, Competition Advocate

Director of Industry Partnership and Outreach

Signature: ___________________________