Redacted JA for Hardrive Destroyer.pdf

Justification for Other than Full and Open Competition – FAR Part 13 Acquisitions under the SAT

MEMORANDUM TO THE FILE

Subj: JUSTIFICATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

FOR A FAR PART 13 ACQUISITION UNDER THE SIMPLIFIED ACQUISITION

THRESHOLD

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)(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:

The Marine Corps Cyberspace Operations Center (MCCOG) has a requirement to initiate a new contract for a

Hard Drive Destroyer Degausser DX8. The Hard Drive Destroyer DX8 230V is listed in the Evaluated

Products List (EPL) of the National Security Agency/Central Security Service (NSA/CSS) certified equipment, which meets DoD Policy 1-52 Classified National Security Information specifications for physical destruction of classified material thoroughly destroying hard drives.

MCCOG currently utilizes the LM-1 Degausser for purging and completely sanitizing classified/sensitive data information for longitudinal (1) and perpendicular (p) media data from all magnetic devices, including cell phones, laptops, desktops, and network hard drives, LTO and DLT Tapes. The LM-1 Degausser procured under Contract No.GS-35F-0535T; Order No. M00264-17-F-0058 and awarded 07 April 2017. The Data

Security Inc. Hard Drive Destroyer DX8 works in concert with MCCOG’s LM-1 Degausser, which is existing. The two together form a seamless duo function that works as one to permanently erase data and physically damage hard disk drives with the push of one button.

The total estimated value of this requirement is XXXXXX

Brand Name Data Security, Inc. as follows:

Manufacturer Manufacturer

Part No.

Name and Description Quantity

Data Security, Inc.

971-0010 DX-8 Disk Drive Destruction, 230V, includes 1 year of maintenance

Data Security, Inc.

971-1100 DX-8 High Volume System Chute, includes 1 year of maintenance

Data Security, Inc.

971-1126 Domer 6’ Cleated Conveyor, 120V, includes 1 year of maintenance

Data Security, Inc.

971-1150 DX-8 Cleated Conveyor Discharge Chute includes 1 year of maintenance

Data Security, Inc.

999-9110 Option Year 1 Maintenance/Warranty 1

Data Security, 999-9110 Option Year 2 Maintenance/Warranty 1

V 1.3 (28 June 2018)

Inc.

Data Security, Inc.

999-9110 Option Year 3 Maintenance/Warranty 1

Data Security Inc., 999-9110 Option Year 4 Maintenance/Warranty 1

Manufacturer: Data Security, Incorporated

Manufacturer POC and Phone Number: Sales: 800-225-7554 or 402-434-5959

Manufacturer Address: 300 South 7th Street, Lincoln, NE 68508 Manufacturer’s Dealer/Representative: Data Security, Inc.

The required delivery/performance start date is date of award.

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

BASED ON THE FOLLOWING (select all that apply):

A. ONLY ONE RESPONSIBLE SOURCE (select all that apply):

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

Solely the requested vendor, Data Security Incorporated, manufactures the product.

Due to the history of purchasing similar devices from other manufactures, the command has found those items to be insufficient and do not meet our standards.

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.

B. X_ BRAND NAME

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

The procurement of Data Security, Inc.’s DX-8 Hard Drive Destroyer will increase the efficiency and productivity of data destruction when combined with MCCOG’s LM-1

Degausser.

Pursuing other brand name destroyers would not be cost-effective, as other destroyers would not work in conjunction with MCCOG’s LM-1 Degausser; thus, it would result in a decrease of efficiency and productivity while increasing manpower and costs to MCCOG.

The DX8 and LM-1 are manufactured by Data Security Inc. From history with Destroyers, using the same company will allow MCCOG to utilize a seamless duo function and save MCCOG time and effort; hence, resulting in a cost savings of manpower. Based on market research Data

Security, Inc. pricing proves to be competitive and is considered fair and reasonable as directed from FAR 13.106-3(b)(1).

The new ability for an all-in-one combo duo of the DX-8 and LM-1 as being compatible can puts

MCCOG in compliance with NSA regulations on the proper method of destruction and degaussing of hard drives.

C. URGENT AND COMPELLING.

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:

4. If appropriate, include any additional pertinent information.

IV. CERTIFICATIONS:

A. Technical / Requirements Certification: 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.

XXXXXXXXXXXXX

Signature Name (Printed) / Phone # Date

B. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

XXXXXXXXXXXX

Signature Name (Printed) / Phone # Date