Redacted J A.pdf

JUSTIFICATION AND APPROVAL (J&A)

FOR OTHER THAN FULL AND OPEN COMPETITION

FAR Part 6.3

1. Identification of the agency and the contracting activity:

The Department of State Office of Acquisition Management is conducting this acquisition for other than full and open competition with Dataminr, Inc. to support the continued use of Dataminr’s First Alert product via an enterprise license to deliver real-time news alerts for first response and enable DOS personnel to respond in real time to events critical to the execution of DOS missions. The total estimated cost is $XXX.

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

This is a new sole source procurement to establish a First Alert enterprise license via a

Firm Fixed Price (FFP) IDIQ with Dataminr, Inc. for one base period of twelve (12) months and two option periods of twelve (12) months each, if exercised. The IDIQ will be administered by the DOS Bureau of Information Resource Management (IRM).

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

DOS engages in a broad range of critical missions throughout the world supporting U.S.

international relations, diplomatic and security interests. To support these missions, DOS requires a single, proven commercial-off-the-shelf (COTS) real-time news and alerting software tool utilizing publicly available information (PAI) to enable DOS personnel to respond in real time. The Department must remain ahead of constantly evolving global and domestic events to maintain mission-critical awareness and help support strategic decision making.

As further described below, DOS has determined that Dataminr’s First Alert product is the only product that can fully satisfy all of the Department’s most critical requirements, and is therefore seeking to establish an enterprise license for use of First Alert to ensure access to this unique and mission-critical capability. The total estimated cost is $XXX.

To maintain maximum visibility into evolving global critical events impacting DOS missions, the product must meet the following information and data source requirements:

The product must include among its integrated data sources, verified Twitter

Official Partner Program-level access to process 100% of public tweets in real time to support diplomatic security and crisis management use cases.

The product must also incorporate and integrate reputable and verifiable local news/information sources and "on-the-ground" social media sources as a means of identifying and validating relevant alerts, particularly in international locations or regions with limited access to, or usage of, Twitter.

To enhance the accuracy and breadth of alerts in real time, the product must also effectively triage source data for importance and/or urgency and recognize patterns or anomalies using AI/machine learning.

The Department’s unique global scope of operations drives several additional critical requirements for the product:

The product must effectively alert, notify and visualize information for users through both a desktop tool and a mobile application that provides substantially the same features and functionality as the desktop tool.

To remain agile and adaptable to constantly changing circumstances, DOS administrators and users must have the ability to directly customize news alerts and views based on specific geographic areas, event types and urgency level.

Administrators and users must have the ability to alter the display and dissemination of information and alerts based on specific geographic areas, event types and urgency level without significant vendor involvement.

The product must provide the ability to visualize the event location of alerts and notify users who may be impacted by those real-time events.

The broad range of diplomatic and security-focused missions supported by DOS drives additional unique requirements:

DOS requires a product with proven experience in applying AI technology to global risk and emergency real-time event detection and dissemination requirements.

The product must have one or more approved use cases supporting diplomatic security and crisis management requirements.

The product must include modifications, safeguards and restrictions that prevent any use for surveillance purposes

First Alert has been supporting critical DOS missions since 2018. Historically, First Alert was purchased at a smaller scale in 2018 under order number 19AQMM18P2724 and renewed in 2019 under order number 19AQMM191217. This procurement will ensure continuity by renewing these ongoing requirements, as well as support potential future requirements across the Department.

4. An identification of the statutory authority permitting other than full and open competition. This acquisition is conducted under the authority of 41 U.S.C. 3304, as implemented by FAR 6.3 and substantiated by the following:

☒ FAR 6.302-1 – Only one responsible source and no other supplies or services will satisfy agency requirements.

See supporting information in Section 5 and Section 10.

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the action require use of the authority cited.

DOS has multiple Bureaus and organizations currently utilizing Dataminr’s First Alert software and has identified a continued and growing need for real-time news alerting capability critical to the execution of DOS missions around the world.

The Department has conducted extensive market research covering over 30 potential suppliers. Sources included information submitted by industry in response to a 2018 RFI

(#19AQMM18N0079) issued by the Department, extensive research of company websites and third-party sources, and testing/review of select products by core DOS customers and subject matter experts. As a result of these efforts, DOS has concluded that

Dataminr is the only vendor that can fully satisfy all of the Department’s most critical requirements.

Dataminr’s First Alert is uniquely qualified to meet the requirements outlined in Section

3 based upon the following:

Dataminr is one of only XX vendors with Twitter Official Data Partner Program-level certification. This level of partnership allows Dataminr to process 100% of publicly available tweets in real time, maximizing the source data used to identify critical alerts for the Department. Other products that do not have this level of

Twitter partnership are only able to access and analyze a subset of all publicly available tweets at any given time. The ability to process 100% of available tweets enables Dataminr to identify, in real time, both known and unknown events critical to the Department more effectively than other products.

Of the XX Twitter Official Data Partner Program vendors, only Dataminr provides a product built specifically for the public sector market, with proven experience in applying AI technology to global risk and emergency real-time event detection use cases, as well as core diplomatic security and crisis management use cases critical to DOS missions. This critical experience allows

Dataminr to meet core DOS requirements while ensuring compliance with the terms of service and data use policies of all third party PAI data sources that are used to create news alerts. In addition, First Alert includes product modifications, safeguards and restrictions that prevent any use for surveillance purposes

Dataminr’s First Alert is a commercially proven COTS product that effectively alerts users through both a desktop platform and a robust mobile application that has been approved for use on DOS mobile devices. DOS review of mobile alerting capabilities of other products has identified First Alert as having superior mobile alerting capabilities critical to supporting the global footprint of DOS personnel.

First Alert meets all DOS requirements for customization, configuration and management by DOS users and administrators while many alternative products require more significant vendor involvement in these activities.

Dataminr’s First Alert is currently in use by XX at the Department and has proven to be a highly valuable resource. Continued use of this service has been deemed a critical requirement for continued mission support.

XXX.

6. A description of efforts to ensure that offers were solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies.

DOS has conducted significant market research (as described more fully in Sections 5 &

8) in an effort to identify other companies that might have the capability to provide the support currently available through Dataminr’s First Alert product. The Department aggregated sources from information submitted by industry in response to a 2018 RFI

(#19AQMM18N0079) issued by the Department, testing/review of select products by core

DOS customers and subject matter experts, and extensive research of vendor capabilities through company websites and third-party resources. Additionally, the market research included evaluation of information provided by vendors that have expressed a written interest in related acquisitions or have submitted unsolicited capabilities statements over the last two years. After careful consideration, DOS determined that no other vendors are able to fully meet all of the Department’s most critical requirements. Justification will be posted to Contract Opportunities at beta.SAM.gov for public viewing in accordance with

FAR 5.2.

7. A determination by the ordering activity Contracting Officer that the anticipated cost to the Government is fair and reasonable.

The Contracting Office determines that the anticipated price(s) will be fair and reasonable based on actual historical data and market research. By signing the justification the

Contracting Officer makes a determination that the cost/price to the Government are expected to be fair and reasonable.

The Government used data from previous agreements for this capability along with market research to establish an independent government cost estimate (IGCE). The Contracting

Officer will use the IGCE and other price analysis methods pursuant to FAR 15.404-1 in order to ensure that the negotiated price will be fair and reasonable. Certified cost or pricing data will not be required since this acquisition is for commercial items, however, the

Government reserves the right to request "Data other than certified cost and pricing data" to determine the price is fair and reasonable.

8. A description of the market survey conducted (see Part 10) and the results or a statement of the reasons a market survey was not conducted.

DOS conducted extensive market research of top real-time news alerting products and has concluded that Dataminr is the only vendor that can fully meet all of the

Department’s most critical requirements. Over the last two years, over 30 vendors have submitted capabilities information through a 2018 RFI (#19AQMM18N0079) or via submittal of unsolicited capabilities statements to the Department. The Department has evaluated these submissions and has recently conducted extensive market research covering over 30 potential suppliers to develop an updated understanding of the market for this capability. In addition, the government consulted XXX DOS customers and subject matter experts to understand their experience testing/reviewing select alternative or complimentary products.

These efforts determined that all vendors other than Dataminr are not able to fully meet

DOS requirements. The following requirements served as limitations for a majority of vendors:

XX% of the vendors offered solutions involving some level of custom product development that would be unique to DOS rather than a single, integrated, commercially-proven COTS product.

XX% of vendors cannot offer visualization and user alerting capabilities through both a desktop tool and a sufficiently robust mobile application that provides substantially the same features and functionality as the desktop tool.

Only XX vendors are certified as Twitter Official Data Partner Program vendors with access to 100% of available Twitter data to enable complete processing of the full stream of publicly available tweets in real time.

Of theseOfficial Twitter Partners, XX do not provide a product built specifically for the public sector market and lack proven experience in applying AI technology to global risk and emergency real-time event detection use cases, as well as XX diplomatic security and crisis management use cases critical to DOS missions.

As a result of these findings, DOS has concluded that Dataminr is the only vendor that can fully satisfy all of the Department’s most critical requirements. The Department will continue to review the marketplace on an ongoing basis and periodically request updated information from industry as the market for this technology continues to evolve over time.

9. Any other facts supporting the use of this justification.

The security-focused organizations at the Department have a substantial deployment of

Dataminr products and services, and these products are integrated into the Department's systems processes, and information workflows in a highly complex manner. The

Department must maintain full and continuous awareness of critical events that impact U.S international relations and security interests around the globe. Often the events impacting these missions are continuously evolving in real time. The Department must retain access to best-in-class alerting capabilities to effectively support these missions. Failure to maintain access to the most robust capabilities available in the market could result in significant mission impacts that may directly affect the safety and security of DOS facilities and personnel around the globe.

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

Over the last two years, over 30 vendors have submitted capabilities information through the 2018 RFI (#19AQMM18N0079) or via submittal of unsolicited capabilities statements to the Department. DOS has evaluated these submissions and has recently conducted extensive market research covering over 30 potential suppliers to develop an updated understanding of the market for this capability. In addition, the government consulted DOS customers and subject matter experts to understand their experience testing/reviewing select alternative or complimentary products. As a result of these collective efforts, DOS has concluded that Dataminr is the only vendor that can fully satisfy all of the Department’s most critical requirements.

XX.

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 the supplies or services required.

The nature of this acquisition prevents the DOS from considering, at this time, products made by any company other than Dataminr. IRM and AQM will continue to work with

DOS customers to continue their ongoing evaluation of new products made by other IT manufacturers that could potentially supplement or possibly replace existing Dataminr-based systems in the future. This J&A for other than full and open competition will be published on beta.SAM.gov under Contract Opportunities in accordance with FAR Section

6.302-1.