Social Media Bridge JA_Redacted.pdf

Requisition Number: DJF-20-4750-PR-0003549 Version 1.0 Page 1 of 4

FEDERAL BUREAU OF INVESTIGATION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN

COMPETITION

Justification for Other than Full and Open Competition In Accordance With

41 U.S.C. 3304(a)(1)

Requisition Number: DJF-20-4750-PR-0000819

Date: July 23, 2020

Estimated Contract Dollar Value:

1. Identification of the agency and contracting activity.

The U.S. Department of Justice, Federal Bureau of Investigation (FBI), Professional Services

Acquisition Unit (PSAU), has prepared this justification for other than full and open competition for Dataminr First Alert early alerting software on behalf of the Office of the Chief Information

Officer (OCIO), Enterprise License Agreement Management Unit.

2. The nature and/or description of the action being approved, i.e., sole source, limited competition, establishment of a new source, etc.

This action represents a bridge contract, issued on a sole-source basis to Dataminr for purposes of continuing existing, mission critical software support. The planned contract type is firm fixed price. The FBI currently procures Dataminr through Contract # DIF-17-1200-

P-0002894.

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

The requirement is to continue use of Dataminr's tool to avoid interruption during the current re-compete. The contract term will be a one-month base period plus four (4) one-month options, for a maximum period of five (5) months and approximately if all options are exercised. The OCIO manages the FBI's for Dataminr's capabilities on behalf of multiple FBI operational

This early notification enables FBI personnel to quickly respond

4. The statutory authority permitting other than full and open competition.

Requisition Number: DJF-20-4750-PR-0003549 Version 1.0 Page 2 of 4

The statutory authority permitting other than full and open competition is 41 U.S.C.3304(a)(1) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Demonstrate the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority.

For the reasons set forth below, Dataminr is uniquely positioned to continue providing early alerting services to the FBI until a new contract is awarded. The FBI anticipates awarding a new contract for a commercial-off-the-shelf (COTS) tool during the period of performance of this bridge. This solicitation, Request for Proposals (RFP) # 15F06720R0000063, was posted on beta.SAM.gov as a full and open competition. This solicitation is current undergoing the source selection process.

The FBI’s current Dataminr contract ends on August 31, 2020. Accordingly, to maintain critical early alerting support between August 31, 2020 and the new contract award, the FBI must execute a sole source bridge contract to the incumbent, Dataminr, for the following reasons:

• The FBI is unable to competitively select, award a contract, and perform all required security reviews for a potentially brand-new early alerting tool before August 31, 2020. All required security reviews for Dataminr are already complete under the current contract.

• Dataminr's tool has already been fully tested for compatibility with the FBI's current environment to ensure no break in critical .

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

This sole source justification and requirement will be publicized on beta.SAM.gov in accordance with FAR Subpart 5.2.

The FBI has already employed full and open competition procedures for a tool, soliciting as many sources as possible by posting RFP # 15F06720R0000063 on beta.SAM.gov. Accordingly, the FBI will not solicit additional sources for this short-term bridge contract to maintain services until the future contract is awarded. The FBI anticipates completing its evaluation, security reviews, and testing during the period of performance of this bridge.

7. The anticipated dollar value of the proposed acquisition, including options if applicable, and a determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The anticipated value of this bridge contract is approximately , if all options are exercised. The FBI Contracting Officer will assess Dataminr's bridge pricing for reasonableness based on a comparison with multiple years of historical pricing for the FBI's current Dataminr contract. Additionally, the FBI Contracting Officer will consider information gained from market research conducted as part of the acquisition planning process for the new

Requisition Number: DJF-20-4750-PR-0003549 Version 1.0 Page 3 of 4 requirement solicited via RFP # 15F06720R0000063. The Contracting Officer will negotiate any pricing terms that appear unreasonable based on market research and historical records.

8. A description of the market research conducted and the results.

As stated above in Section 7, as part of the acquisition planning process for the new requirement solicited via RFP # 15F06720R0000063, the FBI conducted extensive market research of existing . Based on responses to a Request for Information

(RFI) on beta.SAM.gov, the FBI decided to compete its long-term requirement via full and open competition on beta.SAM.gov.

For the bridge contract specifically, the FBI’s market research did not reveal any existing incumbent vendors with the requisite internal FBI security reviews and technical compatibility to ensure no break in service after August 31, 2020. Accordingly, despite the FBI’s extensive market research for the larger procurement, the FBI must rely on Dataminr, its existing vendor, for ongoing software support until a new contract is awarded.

9. Any other facts supporting the use of other than full and open competition.

For the reasons stated in Section 5, Dataminr is the only company that can maintain critical early alerting support for the FBI between August 31, 2020 (when the FBI’s current contract ends) and the time when a new tool is competitively awarded. If the FBI does not have

Dataminr’s services, its mission will be negatively impacted. The FBI relies on

Dataminr to provide notifications of real-time incidents and events,

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

As stated in Section 8, the FBI issued an RFI and an RFP for the FBI’s long-term requirement. The FBI is in the process of evaluating proposals in response to RFP #

15F06720R0000063. The FBI has not received written interest from additional vendors for the short-term bridge contract.

11. A statement of any actions the agency may take to remove or overcome any barriers to competition, if subsequent acquisitions are anticipated.

As stated above, the FBI has competitively solicited for a tool via RFP #

15F06720R0000063 posted on beta.SAM.gov. The proposed sole source bridge contract is only