Justification_for_Other_than_Full_and_Open_Competition_SiForce_unsigned.pdf

FEDERAL BUREAU OF INVESTIGATION

FINANCE DIVISION | PROCUREMENT SECTION

JUSTIFICATION AND APPROVAL (J&A) FOR OTHER THAN FULL AND

OPEN COMPETITION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION IN ACCORDANCE WITH 41 U.S.C. 3304 (A)

Requisition Number: SHOP-PR-23-000423

Date: July 2023

Estimated Contract Dollar Value: $22,000

1. Identification of the agency and contracting activity.

The U.S. Department of Justice, Federal Bureau of Investigation (FBI), National Acquisition

Programs Unit, has prepared this justification for other than full and open competition for Silicon

Forensics Workstations on behalf of the the Washington Field Office.

2. The nature and/or description of the action being approved, i.e., sole source, limited competition, establishment of a new source, etc.

It is the intent of the Washington Field Office and Finance Division, to purchase three SiForce

X Silicon Forensics workstations to process digital evidence. Market Research indicated that while SiForce has authorized resellers, since SiForce is the manufacturer and a small business, they have the best pricing for their machines.

3. A description of the supplies or services required to meet the agency’s needs.

The requirement is to purchase three SiForce X forensic workstations. This will allow the

Washington Field Office to accomplish its mission of processing and storing digital evidence allowing quick access to stored data.

4. 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. 3304 (a)(1) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1entitled, “Only One

Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

5. Demonstrate the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority.

Silicon Forensics is uniquely qualified to provide these services to the Washington Field Office based upon the following:

Silicon Forensics has the expertise and hardware to build the three requested SiForce X forensic workstations. These workstations have a unique combination of processing power, RAM, storage, cooling, and forensic tools needed to process digital evidence that are not part of a standard computer workstation configuration. The processing and storage of digital evidence on these computers is necessary for the quick review needed to meet criminal discovery and other trial deadlines. Based on the pace of the court system, the government requests the immediate purchase of the above-listed items to allow for the lead-time required to build them.

The Washington Field Office conducted market research on both GSA Advantage as well as the open market. WFO concluded that competitors’ machines did not have the required processing time. While processing times are not the only factor when choosing a forensic workstation. An open source market survey was conducted to identify other vendors. Several vendors were identified which could meet processing times, however these machines were not designed for the digital forensic environment required for a standalone machine. These machines lacked the on board storage and the associated flexibility for the processing and reviewing of large and complex data sets. These machines, almost universally, did not provide write blocking as a standard. Write blocking is required for digital forensics to ensure the original evidence is not altered in any way.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, 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 Washington Field Office conduted market research on GSA Advantage as well as the open market

7. The anticipated dollar value of the proposed acquisition, including options if applicable, and a determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The estimated contract value is $22,000

8. A description of the market research conducted and the results.

The Washington Field Office conducted market research on both GSA Advantage as well as the open market. Other manufacturers could not meet the technical requirements.

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

https://www.acquisition.gov/far/html/Subpart%205_2.html#wp1107980 https://www.acquisition.gov/far/html/Subpart%205_2.html#wp1107990

N/A

10. A listing of any sources that expressed a written interest in the acquisition.

N/A

11. A statement of any actions the agency may take to remove or overcome any barriers to competition, if subsequent acquisitions are anticipated.

At present no other acquisitions are anticipated. Should additional acquisitions be necessary, a new open source market survey will be conducted to determine if any additional vendors are available. Additionally, vendors already identified will be reviewed to determine if their product has been updated to meet the required specifications.

Reviews and Approvals ($15,000,000 to $75,000,000)

Requestor:

I certify that the facts and representations under my cognizance, which are included in this justification and which form a basis for this justification, are complete and accurate.

Signature Date

Contracting Officer:

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

Signature Date

Reviewed by:

Unit Chief/Team Supervisor:

Signature Date

Office of General Counsel:

Signature Date

Approved by:

Competition Advocate:

Signature Date

Approved by:

Head of Contract Activity:

Signature Date

Reviews and Approvals (Exceeding $75,000,000)

Requestor:

I certify that the facts and representations under my cognizance, which are included in this justification and which form a basis for this justification, are complete and accurate.

Signature Date

Contracting Officer:

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

Signature Date

Reviewed by:

Unit Chief/Team Supervisor:

Signature Date

Office of General Counsel:

Signature Date

Approved by:

Competition Advocate:

Signature Date

Approved by:

Head of Contract Activity:

Signature Date

Approved by Senior Procurement Executive:

Signature Date