NOI0003071_Justification.pdf

FEDERAL BUREAU OF INVESTIGATION

FINANCE and FACILITIES 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)(1) Requisition Number: DJF-23-1800-PR-0003071

Date: 4/18/2023

Estimated Contract Dollar Value: $XXXXX

1. Identification of the agency and contracting activity.

The U.S. Department of Justice, Federal Bureau of Investigation (FBI), National Acquisition Programs Unit (NAPU), has prepared this justification for other than full and open competition for RAID Maintenance Renewal on behalf of the Secure Technologies Exploitation Unit (STXU), Operational Collections and Exploitation Sections (OCXS), Operational Technology Division (OTD).

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

A one-time, sole source, firm-fixed price purchase order will be awarded to RAID Incorporated (Andover, MD) for the purpose of procuring renewal support services for storage array maintenance.

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

The requirement is to renew the support services for two (2) RAID Inc. ARI-109 16Gb FC Dual Controllers with three parts, and (1) RAID NVMe Storage System at an estimated cost of $XXXXX for a twelve month period of performance beginning 9/28/2023 through 9/27/2024.

This support service renewal will enable the STXU to accomplish its mission of processing large volumes of evidentiary “untrusted data.”

4. The statutory authority permitting other than full and open competition.

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

3304(a)(1) as implemented by the Federal Acquisition Regulation (FAR) 6.302-1 “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.

The STXU is responsible for collecting, preserving, examining, and presenting stored digital information obtained from computers and other electronic devices for the FBI. Demand for STXU Cryptanalytic services has grown significantly due to the increasing prevalence of encryption use in computers and digital media in society and case work. Not only are more and more computers, tablets, smart phones, advanced gaming systems, and other devices becoming more popular, but the storage capacity of each device has grown exponentially creating more computing demands on STXU forensic and analyst workstations. The ever increasing amounts of data being seized and examined by the FBI’s digital forensic community has led to the requirement for a system capable of processing large volumes of evidentiary “untrusted data”.

The Forensic Analysis Unit’s (FAU) has deployed the Examiner Network (ExNet) for this purpose. STXU joined this network in fiscal year 2014, making STXU subject to ExNet standardization. The Forensic Networks Program (FNP) has evaluated several different storage solutions and found that RAID Inc. products have consistently been the best performer in tests conducted locally at OTD, and at other ExNet sites. RAID Inc. products have been used regularly in the ExNet and OpWAN environments since 2003. Currently, the FBI has deployed over 300 instances of this technology across ExNet and Cyber Division’s Operational Wide Area Network (OPWAN) making RAID Inc. AR-100 and 300 series the “Standard Product” for ExNet and OPWAN. Adding any other brand or technology will require reengineering of STXU’s storage network, and the cost of implementing a new technology far exceeds the Unit’s current funding abilities. RAID Inc. storage can be centrally managed and monitored, but only when paired with items from the same company. Similar equipment from other companies is not capable of being centrally managed with our existing equipment, causing increased administrative workload and increases the risk of misconfiguration.

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 FNP Program Manager’s and forensic examiners are specially trained experts in the niche field of collection and processing of stored digital (electronic) evidence. These personnel routinely read journals, attend conferences, and interface with peers throughout this specialized industry. These personnel are aware of and have evaluated the merit of numerous software and hardware storage solutions for this niche industry. As a regular practice, the FNP interfaces with many vendors and suppliers to keep abreast of new offerings and promotions. The current maintenance agreement prohibits the addition of non-RAID Inc. systems to the existing Xanadu arrays and adding non-RAID Inc. branded appliances to the existing arrays would void the warranties. The AR100 model is a direct replacement to the now discontinued Xanadu. This requisition will fund the acquisition of the maintenance support services renewal for two (2) RAID AR-109 Dual Controllers with three parts and NVMe storage system.

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

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 anticipated dollar amount of the proposed acquisition is $ XXXXX. The Contracting Officer shall use one of the appropriate proposal analysis techniques provided in FAR 15.402(a)(1) to determine the proposed cost to the Government will be fair and reasonable.

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

The STXU engineers periodically query the marketplace for cost comparisons, reviews previous year costs and reviews previously proposed prices to ensure costs are fair and reasonable to both the buyer and seller. In particular, the STXU engineers strive to ensure costs are near fair market value to those of informed buyers and sellers under similar competitive market conditions for deliverables with similar product, quality, and quantity requirements. All costs are realistic in terms of the seller being able to satisfy the terms and conditions of the contract. RAID Inc.

products are available on the open market and the pricing was obtained from trusted sources.

The STXU’s engineers routinely attend conferences and read industry journals. The STXU Program Managers regularly evaluate forensic software and hardware, identifying the best solution in many different tested forensic environments. The STXU’s Program Managers have found that the RAID Inc. products have consistently been the best performer. The other devices have been found to exhibit slower data transfer speeds as well as reduced reliability.

Additionally, other similar products have been evaluated at vendor locations and have been inadequate.

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

The RAID Inc. AR-100 Series is part of the CARTSAN/ExNet/OpWAN Standard Products List (SPL).

If the ARI-109 16Gb FC Dual Controller and NVMe storage system maintenance is procured from a different vendor, RAID Inc. will not be able to support the FBI, due to potential firmware, and/or, dissimilar related issues related to incompatibilities.

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

Since the procurement was not advertised, no other companies have expressed an interest either orally or in writing.

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

The Government will continue to research the market to obtain as many available sources as required in accordance with the FAR to ensure that there are other vendors out there that can satisfy this requirement. In addition, the customer will do due diligence in ensuring that barriers to competition are avoided to ensure we obtain the best value for the government.