PR20132901 - FY22 SSJ FINAL_Redacted.pdf

OPOAM 3013.501(a)(1)(ii)

Sole Source Justification (SSJ) FAR subpart 13.5, including Brand Name

Sole Source Justification for Simplified Acquisitions exceeding the SAT including brand name

SSJ No.: PR20132901

Rev. 4/2022

SSJ No.: PR20132901

Date: 08-23-2022 PR Number: 20132901

Pursuant to the requirements at 41 U.S.C. 1901 or the authority of 41 U.S.C. 1903 Special emergency authority as implemented by Federal Acquisition Regulation (FAR) subpart 13.5 and consistent with the content requirements of FAR 6.303-2.

1. Agency and Contracting Activity. Identification of the agency and the contracting activity, and specific identification of the document as a “sole source justification.”

The Customs and Border Protection (CBP), United States Border Patrol (USBP), Law

Enforcement Operations Directorate (LEOD), Intelligence Division located in Washington, DC is seeking to mitigate a critical gap in its Digital Forensic (DF) program requirement for an Enterprise Collection, Storage, and Case Management and Analysis software capability by awarding a sole source purchase order. Contracting Office: CBP, Office of Acquisition, Procurement Directorate, Border Enforcement Contracting Division, Eastern Branch.

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

CBP/USBP/LEOD anticipates awarding a sole source purchase order to Pen-Link LTD, 5944

Vandervoort Dr., Lincoln, Nebraska 68516 without seeking competition for installation, licenses, and maintenance services for proprietary software. This action is being taken pursuant to FAR subpart 13.5. Pen- Link LTD is the only vender able to provide the required license and proprietary software required to support the agency needs.

3. Description of Supplies/Services. Describe the supplies or services to be acquired.

Provide the estimated total value (including options, if any).

The requirement is to provide PenLink, LTD’s PenLink PLX software, network user licenses, database support, maintenance and systems engineering services, and training for end-users .

PenLink, LTD’s PenLink PLX provides an enterprise grade software and user licensing solution to manage the collection and analysis of meta data from digital forensic examination as well as support the collection of case-related telecommunications information received from such providers pursuant to a subpoena or search warrant. PenLink LTD has developed industry relationships with telecommunications and network providers to read, process, and store digital data with the capability to rapidly develop and integrate solutions into its proprietary software to address collection of data from new products or applications developed by telecommunications/software companies. The solution package will consist of software, network user licenses, database support, maintenance and systems engineering services, and training for end-users.

Period of performance: 12 months (one year) following date of award.

FAR subpart 13.5, including Brand Name

Sole Source Justification for Simplified Acquisitions exceeding the SAT including brand name

SSJ No.: PR20132901

PenLink LTD is uniquely qualified to meet USBP’s operational requirements related to its digital forensics program and other use cases that PenLink can support. In addition, the

PenLink software is utilized by other law enforcement entities within as well as outside the department. The use of PenLink software by other entities allows for sharing of data across organizations that potentially provides substantial benefits for criminal network identification and deconfliction during law enforcement operations.

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

A notice will be publicized in a government point of entry, as required by FAR 6.305(a) and

FAR 13.501(a)(1)(iii).

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 prior acquisition history of the software purchased previously by CBP.

An IGCE was prepared by the Program Office with assistance from the Office of

Acquisition, and pricing will be compared to the IGCE.

8. Description of market research.

CBP attended vendor demonstrations during research of market sources and interviewed subject matter experts from digital forensics industry. The team evaluated companies with software and tools that offered data analytics solutions suited to USBP digital forensic program’s operational requirements. Thirteen (13) products were evaluated and considered in the Market Research Report.

The team also assessed all current CBP IT systems in the inventory, and none in the current

CBP inventory could be identified to meet all of USBP DF/DOMEX requirements.

In summary, the market research revealed that only PenLink’s PLX application and related engineering and other services can support this requirement to successfully deploy and maintain the proprietary software.

9. Any other facts supporting the justification.

This requirement is intended to renew licenses of the existing proprietary software designed by PenLink LTD that is currently in use at an enterprise level. If PenLink LTD does not provide the enterprise solution needed, a new contractor would have to duplicate the same capabilities of the existing software in order to complete the task. The estimated cost for custom development work is a year, over a 2-3 year period of performance to stand- up any new system.

FAR subpart 13.5, including Brand Name

Sole Source Justification for Simplified Acquisitions exceeding the SAT including brand name

SSJ No.: PR20132901

A CBP customized development solution equal to all of the functionality and adaptability of

PLX is unsustainable and highly cost prohibitive.

10. A listing of the sources, if any that expressed, in writing, an interest in the acquisition.

None.

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.

As CBP develops new requirements for additional or replacement Digital Forensic (DF) enterprise software solutions, CBP intends to conduct appropriate market research to ensure competition is fostered to the maximum extent possible

12. DHS intends to post the requirement pursuant to FAR 13.501(a)(1)(iii) and 6.305(a).

13. Technical/Requirements Personnel Certification. I certify this requirement meets the

Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

Jason J. Miller

Technical Representative/COR

08-23-2022

Date

14. Contracting Officer Certification and Approval*

Digitally signed by AGN ESZKA FRYS

D e: 2022.08.25 18:32:19 -04'00' AGNIESZKA FRYS 8/25/2022

Contracting Officer: Not exceeding $750K Date