SMS Brand Name Justification_Redacted.pdf

BNJ MRM007

Digital Forensic Software Maintenance and Support (SMS) subscription renewals

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

BRAND NAME FAR 16.505(a)(4)(i)

1. AGENCY AND CONTRACTING ACTIVITY:

The Department of Homeland Security (DHS), United States Coast Guard (USCG), C5ISC Contracting and Procurement, Operations Systems Center (CG-9142), located at 408 Coast Guard Drive, Kearneysville, WV 25430 prepared this justification for an exception to fair opportunity.

2. NATURE/DESCRIPTION OF THE ACTION:

The USCG intends to award a task order under the brand name exception to fair opportunity for the brand names listed in Table 1 in order to continue annual Software Maintenance and Support (SMS) subscription renewals for the current inventory of the USCG’s Digital Forensic Tool Suite (DFTS) pursuant to FAR 16.505(a)(4), restricting competition to items peculiar to one manufacturer. This will be a firm-fixed price task order competed among the authorized National Aeronautics and Space Administration (NASA) Solutions for Enterprise-Wide Procurement (SEWP) Government-Wide Acquisition Contract (GWAC) authorized brand name resellers

3. DESCRIPTION OF SUPPLIES/SERVICES:

The requirement is to provide annual SMS subscription renewals for the current inventory of digital forensics tools managed by the USCG’s DFTS Program Office currently within CG-26. Each respective SMS subscription is unique to that tool’s Original Equipment Manufacturer (OEM) and cannot be provided by anyone but the respective OEM. Additionally, the product names listed in Table 1 are interrelated and/or complementary are used by the Digital Forensics (DF) examiner to provide a higher-level of capability than that of a single product can provide during a mission as shown by the following.

For example, a USCG Pacific Area Cutter intercepts an unflagged private vessel somewhere off the coast of southern California. The vessel’s identification and configuration creates sufficient suspicion to warrant a review of Search and Rescue (SAR) and Watch List information. The review yields indicators that warrant intercepting the private vessel. Once stopped, the behavior of the crew on the vessel concerns the Coast Guard personnel, and boarding and search continue to reveal further support for their suspicions. The Document and Media Exploitation (DOMEX)-trained personnel on the boarding team follow standard procedures for data collection of all electronic devices discovered. Data that can easily be seen are collected.

Additionally, a couple of crew members voluntarily allow Coast Guard personnel to examine their personal cell phones. Initial onboard collection and analysis capabilities yield sufficient information to enable the USCG Cutter to identify connections to drug cartel activities, allowing the Cutter to detain the ship and crew.

Electronic media (e.g., crew members’ cell phones, GPS devices, radios) are seized for more advanced collection and analysis.

The collected raw data are immediately and securely transferred to the Tier II DOMEX laboratory assigned for that region; this Tier II laboratory is in Alameda to better support Pacific operations. Likewise, in accordance with evidentiary handling procedures, the seized electronic devices are sent to the Coast Guard’s Tier II Alameda laboratory. The Tier II laboratory, using superior forensics and analysis tools, confirms that the intercepted vehicle was, in fact, part of a large drug cartel currently being investigated by the Federal Bureau of Investigation (FBI) and other law enforcement organizations. After more advanced DOMEX collection and analyses are performed, tactical reports are produced to explain the advanced DOMEX set of capabilities, when taken as a whole they provide the full spectrum of digital forensic analysis required to satisfy the USCG’s DFTS mission.

Due to the proprietary requirements of the USCG DFTS, the contracting strategy which will provide the Government best value is competing the brand name annual SMS subscription renewals requirement using the NASA SEWP contracting vehicle.

5. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED

COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE:

The Contracting Officer determines that the anticipated cost will be fair and reasonable based on competition on NASA SEWP V. The Contracting Officer will seek additional price reductions before placing the order. The Contracting Officer will also perform a price analysis technique to determine that the price at the time of award represents the overall best value for the Government and is fair and reasonable.

6. STATEMENT OF ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE OR

OVERCOME ANY BARRIERS TO COMPETITION BEFORE ANY SUBSEQUENT

ACQUISITIONS FOR SUPPLIES OR SERVICES:

Currently, the brand name license renewals for the digital forensics tools listed in Section 3 are proprietary and are on the United States Coast Guard network. The availability of multiple vendors that can provide this requirements ensures competition.

7. CONTRACTING OFFICER’S CERTIFICATION.

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Contracting Officer

8. TECHNICAL/REQUIREMENTS PERSONNEL CERTIFICATION.

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

Technical Representative

Approval:

Command Procuring Activity Competition Advocate (CPACA)