LAFO- PenLink Justification for Limited Competition Penlink 12.01.2024.pdf

FEDERAL BUREAU OF INVESTIGATION

JUSTIFICATION FOR LIMITED

COMPETITION/SIMPLIFIED ACQUISITION

JUSTIFICATION AND APPROVAL FOR

ACQUISITIONS UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

In accordance with Federal Acquisition Regulation 13.106-1(b)(1), I hereby determine that the Pen-Link license service listed on SHOP-PR-25-000341 is available from only one source, and competition is precluded as there are no substitutes available.

1. This acquisition is restricted to the following manufacture:

Company: Pen-Link, Ltd Company Address: 5936 VanDervoort Drive, Lincoln, NE 68516-2305 Company Point of Contact: Ryan Blahak; and Phone Number: (402) 420-9656

2. The Pen-Link and Cell Phone Forensics site licenses are estimated to cost $31,279.05 and are required to be performed by 12/01/2024.

The digital forensic license is a proprietary product only available through its developer.

This service is vital to the Telephone Toll Analysis Team, as it allows for production of frequency reports, common call reports, and facilitates creation of all the necessary data output to generate toll record products. This program enhances the investigative functions of Title IIIs and complies with FBI policy regarding the entry of pen register information.

3. Specific characteristics of the Pen-Link services that limit the availability to a sole source are mentioned above. Only this suggested source can furnish the requirements, to the exclusion of other sources, because this is a proprietary product with no known comparative product on the market. Pen-Link Ltd. maintains exclusive rights to their products, and therefore it cannot be purchased from other sources. This software has been used for several years and determined to be the only one available to adequately meet investigators need.

4. Check and fill in all that are applicable:

x The material or service must be compatible in all aspects (form, fit, and function) with existing systems presently installed. The current service licenses of PLX software licenses subscription for telephone & cellphone forensics, and search warrant will be coordinate, connect, and interface with the existing system by renewal one year service with 6 user licenses of PLX telephone, cellphone software licenses, and annual training subscription via webinar.

� A patent, copyright, proprietary data, or licensing agreement limits competition. The proprietary data are described as follows:

Allows for the collection of pen register data from Title III investigations in accordance with FBI policy. The software allows the production of specialized reports and output products vital to the analysis of telephone records.

� These are "direct replacement" parts/components for existing equipment.

x Other information to support and choose of Pen-Link:

JRIC LA-HIDTA conducted a survey and received references from federal agencies, and local law enforcement, such as DEA, Los Angeles Sheriff Dept., LAPD, prior to the purchase of Pen-Link software license & maintenance several years ago. Pen-Link license & maintenance has met our mission at the Fusion Center in West Coast Regional Center, and JRIC LA-HIDTA would like to continue to be granted the renewal of license & maintenance to Pen-Link, Ltd. who is the only sole source. By using the same vendor as in the past, it ensures continuity, security and privacy. Pen-Link maintains a valid registration on Sam.gov.

Justification for IT Accessibility per Section 508

With the purchasing of 1 year renewal licenses & maintenance service, Pen-Link, Ltd., Inc.

will ensure maintenance and upgrades service of Pen-Link software will not reduce the original level of conformance with the applicable Revised 508 Standards at the of contract award. This renewal contract service will provide disabled contractors & employees to access to information comparable to the access available to others.

CERTIFICATION

Requestor:

I certify that the facts and representations under my cognizance, which are included in this justification and which form a basis for this justification, are complete and accurate.

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Signature Date

Contracting Officer:

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

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Signature Date