REDACTED Approved JOFOC VTO -Data Recovery_Redacted.pdf

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Justification and Approval for Other than Full and Open Competition

Control #: ATF-21-0002 ARQ # DJA-21-ASOD-PR-0039 Page 1 of 4

1. Contracting Activity:

Office of Management Property, Acquisition and Safety Division 99 New York Avenue NE, 3.S-151 Washington, DC 20226 Contracting Officer: Stacy Parran Email: stacy.parran@atf.gov

Requesting Office:

2. Nature/Description of Action being approved, i.e., sole source, limited competition, establishment of a new source, etc:

This Justification for Other than Full and Open Competition (JOFOC) authorizes and approves the issuance of a sole source, urgent and compelling, firm-fixed price purchase order for services in the recovery, extraction and analysis of video data from two (2) fire-damaged digital video recorders (DVR) from closed-circuit security systems. The DVR’s were recovered at during recent civil unrest, and arson is suspected in both cases. The advancement of the criminal cases hinges on the data recovered from the DVR’s hard drives.

3. Description of Supplies/Services and estimated value, including options:

has a requirement to use the services of a digital forensics firm for the recovery, extraction and analysis of video data from four (4) fire-damaged hard drives needed for evidentiary purposes in an ongoing criminal investigation.

Total Estimated Dollar Value of Acquisition: $39,400

Period of Performance is 11/1/20 through 11/30/2020 mailto:stacy.parran@atf.gov

Control #: ATF-21-0002 ARQ # DJA-21-ASOD-PR-0039 Page 2 of 4

Proposed Contractor:

VTO, Inc.

325 Interlocken Parkway, Bldg. C Broomfield, CO 80021

4. Statutory Authority Cited and Reason for this Authority:

Please select one:

[ ] 41 USC 253 (c)(1), Only One Responsible Source and No Other Supplies or

Services Will Satisfy Agency Requirements, FAR 6.302-1

[X] 41 USC 253 (c)(2), Unusual and Compelling Urgency, FAR 6.302-2

[ ] 41 USC 253 (c)(3), Industrial Mobilization, FAR 6.302-3

[ ] 41 USC 253 (c)(4), International Agreement, FAR 6.302-4

[ ] 41 USC 253 (c)(5), Authorized or Required by Statute, FAR 6.302-5

[ ] 41 USC 253 (c)(6), National Security, FAR 6.302-6

[ ] 41. USC 253(c)(7). Public Interest, FAR 6.302-7

5. Demonstration of Contractor’s Unique Qualifications or Nature of the Acquisition that Requires use of Authority Cited:

The data extracted from the DVR’s is the crucial next step in securing the evidence needed in the arson investigations. Due to the fire damage of the hard drives inside the DVR, the was unable to recover the data on-scene. The drives were examined by a and they too were unsuccessful. The drives were then provided to a digital forensics firm contracted by ATF, who are often able to retrieve data, but they too found the damage to the drives too severe. The drives were then shipped to VTO Labs for an initial analysis, and they have confirmed they can recover the data.

VTO Labs has advanced forensic processes and procedures capable of retrieving data from severely damaged drives. ATF has used their services in two previous arson cases and due to the success of their data recovery, the video evidence resulted in positively identifying the suspect. In both of these cases, and a digital forensic firm were unable to retrieve data where VTO Labs was successful.

Control #: ATF-21-0002 ARQ # DJA-21-ASOD-PR-0039 Page 3 of 4

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

Offers were not solicited for this acquisition due to exigent circumstances related to the time constraints involved in recovering the data. The swift conclusion of this criminal investigation is contingent upon the results of the DVR footage identifying the arsonist.

Since time is of the essence to solidify this case, would like to secure this services of VTO Labs as they have proved to be successful and expeditious in previous cases.

Additionally, in order to receive accurate quotations from other vendors, they will need to receive and run diagnostics on the hard drives to evaluate if they are able to retrieve the data. Due to the fragile state of the fire-damaged hard drives, further shipping and evaluation could result in the permanent damage of the drives and the data deemed unrecoverable.

In accordance with Subpart FAR 5.202 (2), a Notice of Intent and JOFOC will be posted via the Beta Sam website.

7. Determination by the Contracting Officer that the anticipated Dollar Value, including options demonstrates of fair and reasonable cost:

The contracting officer reviewed the pricing for the same services of previous invoices on

) submitted by VTO. In accordance with (FAR) 13.106-3(a) (iii), the Contracting Officer (CO) has determined that the stated prices proposed by VTO Labs is fair and reasonable.

8. Market Research:

In accordance with FAR 5.202(a)(2) the unusual and compelling urgency of this action precludes market research due to exigent circumstances. Restricting competition for this acquisition is necessary in order to swiftly recover the data needed to proceed with the criminal investigation and to limit the exposure of the fire-damaged hard drives to further shipping and evaluation damage.

9. Additional Supporting Facts:

a) Explanation of why technical data packages, specifications, engineering descriptions, statements of work or purchase descriptions suitable for full and open competition have not been developed or are not available: N/A

b) If FAR 6.302-1 is cited for follow-on, state the estimate of cost to the Government that would be duplicated and how the estimate was derived. In addition, state the data, Control #: ATF-21-0002 ARQ # DJA-21-ASOD-PR-0039 Page 4 of 4 estimated cost, or other rationale as to the extent and nature of the harm to the Government: N/A

c) If FAR 6.302-2 is cited, estimated cost or other rationale as to the extent and nature of harm to the Government: N/A

10. Listing of Sources that expressed a written interest in this acquisition:

None

11. Actions Taken to Remove or Overcome any Barriers to Competition:

The Bureau makes every effort to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required. The Acquisitions Branch will continue to utilize bidding websites as well as other competitive procedures to promote competition to the maximum extent practicable.

The Requesting Office will continue to research the marketplace and communicate with other agencies to determine if similar products and /or services can meet its needs in the future to remedy the restricted competition on future requirements of this technical nature.

Certifications:

TECHNICAL AND REQUIREMENTS CERTIFICATION:

I certify that the facts and representations under my cognizance which are included in this justification are complete and accurate.

Technical Representative Date

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

Contracting Officer Date

In accordance with FAR 5.202(a)(2) the unusual and compelling urgency of this action precludes market research due to exigent circumstances. Restricting competition for this acquisition is necessary in order to swiftly recover the data needed to proce...