A1 - Sole Source Determination- signed.pdf

Determination that Only One Source is Reasonably Available (Including Brand Name) – FAR Part 13 Acquisitions under the SAT

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MEMORANDUM TO THE FILE

I. BACKGROUND:

1. FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contracting Officers may solicit from one source if the Contracting Officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

2. As required by FAR 13.106-3(b)(3)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement (or portion of the requirement to be sole-sourced) is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

CISEN-SDN (Software Defined Network) is a dynamic, flexible solution that supports various network configurations and answers diverse implementation requirements. Agnostic in nature, the SDN networks can be configured as an end-to-end Post Quantum Cryptography (PQC) environment or a fusion PQC environment compatible with standard encryption protocols found in most commercially available hardware.

The Iron Edge Gateway is ingeniously designed as a plug-and-play solution, ensuring seamless integration into any network environment. This feature provides a reliable and secure connection, making it exceptionally user-friendly and easy to use.

Universal Compatibility: The IEG works with any ISP connectivity, including cellular, satellite, fiber, cable, and SDWAN, ensuring seamless integration.

Advanced Connectivity: It connects via WAN to the ISP modem LAN interface, acts as a DHCP server, supports two WAN interfaces, and allows multiple ISPs for fail-over.

Unparalleled Security: The IEG uses CISEN SDN PQC with post-quantum cryptography, ensuring unmatched protection for data in transit and at rest through multiple encryption protocols.

Robust Encryption: Encapsulated with Kyber 1024 Level 5, FIPS 203, LM-KEM cryptography, recognized by NIST and NSA.

Controlled by: DON, USMC, I&L HCA Controlled by: 1MLG ECP CUI Category(ies): PROCURE Limited Dissemination Control: DL ONLY POC: GySgt Taca, Bruce, (760)763-1165

Determination that Only One Source is Reasonably Available (Including Brand Name) – FAR Part 13 Acquisitions under the SAT

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It obfuscates the public IP, directs traffic over CISEN SDN, and shields the network against analytics and POL, ensuring data safety.

The IEG servers and CISEN SDN PQC infrastructure are maintained with the highest security layers via a managed attribution mechanism.

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION IS BASED ON THE FOLLOWING

1. _X_ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

The Iron Edge Gateway (CISEN appliance) incorporates the patented CISEN-SDN technology, protected under U.S. Patent No. US12101297B2.

Full details are available here: U.S. Patent US12101297B2. This intellectual property protection restricts competition when procuring the Iron Edge Gateway in the open market.

Sole Source Justification Note:

Cyber Intell Solution, LLC is the only source capable of supplying the Iron Edge Gateway (CISEN appliance) as it is proprietary, patented technology not licensed to any third-party vendors or distributors. No other commercial product can provide identical functionality, security framework, or integration of CISEN-SDN capabilities. As a result, procurement must be made directly from Cyber Intell Solution, LLC.

Patent Protection Guarantee- This technology, including the randomized attribution mechanism and the CISEN SDN PQC integration, is protected under US Patent Application 20230412583 A1. Exclusive patent rights prevent other vendors from offering a functionally equivalent solution with this combination of randomized, end-to-end post-quantum encrypted, obfuscated networking

2. ___ EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

3. ___ OTHER REASONS.

Item required must be a brand name, product, or feature of a product, particular to one manufacturer.

Determination that Only One Source is Reasonably Available (Including Brand Name) – FAR Part 13 Acquisitions under the SAT

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___ The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals. Urgent requirements are supplies or services that will result in a work stoppage, or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

1. Date on which the requirement was first identified:

2. Required delivery date/period of performance:

3. Explanation of why delivery/commencement of services by the date mentioned above is required:

V. CERTIFICATIONS:

I certify that the facts and representation under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.

____________________ Hipolito Ozuna /858-644-9544 08/18/20205 Signature Name (Printed) / Phone # Date

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

____________________ Oshane R. Francis / (760)763-1165 08/27/20205 Signature Name (Printed) / Phone # Date Si t

Determination that Only One Source is Reasonably Available (Including Brand Name) – FAR Part 13 Acquisitions under the SAT

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MCFCS Personnel

LB Personnel

Procurement Team Personnel (to include but not limited to: Legal, Customers/Requirements Owners, Source Selection Personnel, Small Business Representatives)

Any other individual designated by the KO