Tracking___OM_2017-13_Digital_Intelligence1_Redacted.pdf

FAR 13.106(b) SOLE SOURCE JUSTIFICATION FOR

ACQUISITIONS UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

Treasury Standard Form – 1009 (Rev 10/16)

Prescribed by Treasury: DTAP 1013.106(b)

A. FINDINGS.

1. Identification of the requesting and contracting activity.

Requiring Agency: IRS Criminal Investigation, Refund Crimes Contracting Activity: IRS Procurement

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

IRS-Criminal Investigation (IRS-CI) requires twenty-four (24) UltraKit + TD3 Forensic Imager (v4.1) Forensic hardware write blockers (USB3 IDE/SATA-R/O, SAS, USB 3.0, Card Reader, Firewire) & TD3 Kit with protocol modules.

These items are needed on or before 04/03/2017 in preparation for a class taking place in May of 2017. Given scheduling constraints, this class does not have the flexibility of being moved around and so these items must be delivered by 04/03/2017 at the latest.

2.b Name of the Vendor. Digital Intelligence 2.c Requisition No. V7V002MCF16

4.a Identification of the circumstances that preclude competition (Check the appropriate box that applies).

Urgency.

Exclusive licensing agreements.

Brand-name.

Industrial mobilization.

Other Only one responsible source

4.b Supporting information and facts (i.e. the details surrounding the requirement that supports the selection made in 4.a).

The required equipment is proprietary to the manufacturer, and there are not authorized resellers.

Only one company can provide the equipment.

The Treasury Computer Forensic Training Program (TCFTP) is a Joint DHS/Treasury Computer Forensics Training Program that consists of ICE, the US Secret Service (USSS) and IRS-CI.

The TCFTP Headquarters lab & training personnel from each of the agencies have been involved in reviewing & testing hardware write blockers, forensic bridges & drive duplicators. They have determined that the aforementioned kit is compatible with and will perform properly given the standard computer hardware & software configurations used in the forensic environment. They have experienced other brands/models that did not work with our hardware setup, which make them insufficient in our needs. These specific devices are an integral part of the course curriculum and training material. Lesson blocks and classroom exercises have been developed around these software products. It is additionally important that these brands/models be purchased for consistency, since the same equipment is issued nationwide to all other forensic examiners within the three participating agencies.

This specific brand meets the needs of the TCFTP and is readily available in the commercial marketplace.

Tracking # OM 2017-13

Treasury Standard Form – 1009 (Rev 10/16)

Prescribed by Treasury: DTAP 1013.106(b)

5. Any other information.

The program office searched part number availability on NASA SEWP and GSA Advantage.

The specified equipment was not available in either place. Digital Intelligence is a small business that holds Federal Supply Schedule (FSS) contract GS-35F-0681R, but this equipment has not been added to their FSS contract. The program office contacted the manufacturer and sole proprietor, Digital Intelligence, for a market research pricing and a sole proprietor letter, both of which are attached to this requisition.

B. Certifications and Approvals.

6.a Program Office Certification (Requiring Activity). I hereby certify that the supporting information and data provided and which form the basis for this justification are accurate and complete to the best of my knowledge and belief.

Name: Khristine Warrener Date: 12/07/2016

Signature:

6.b Small Business Specialist Determination (Contracting Activity) [applicable only if the vendor is not a small business]. I have reviewed this justification for an exception to competition, including any attached documentation, if applicable, and concur / do not concur with the findings.

Name: Date:

Signature:

6.c Contracting Officer Approval. In accordance with FAR 13.106-1(b)(1), as a warranted contracting officer, I hereby determine that the circumstances of the acquisition make only one source reasonably available for the reasons indicated above; therefore precluding competition and supporting the Government’s determination to solicit and award to the vendor stated herein.

Name: Christopher Bartels Date: 12/7/16

Signature:

Carla Griffin 12/07/2016

Christopher E. Bartels Digitally signed by Christopher E. Bartels DN: cn=Christopher E. Bartels, o=Midstates Office of Procurement, ou=AWSS, email=christopher.bartels@irs.gov, c=US Date: 2016.12.07 15:40:02 -06'00'

Carla D. Griffin Digitally signed by Carla D. Griffin DN: c=US, o=U.S. Government, ou=Department of the Treasury, ou=Internal Revenue Service, ou=People, serialNumber=337746, cn=Carla D. Griffin Date: 2016.12.07 16:20:31 -06'00'

FAR 13.106(b) SOLE SOURCE JUSTIFICATION FOR

ACQUISITIONS UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

Treasury Standard Form – 1009 (Rev 10/16)

Prescribed by Treasury: DTAP 1013.106(b)

Instructions for FAR 13.106(b) Sole Source Justification for Acquisitions under the Simplified Acquisition Threshold

A sole source justification is a stand-alone document. Simply copying and pasting information from a vendor’s website or marketing literature fails to support the use of such justification. The sole source justification shall be completed by the requiring activity to extent practical with assistance provided by the contracting office.

A. FINDINGS.

Section 1 Identification of the agency and the contracting activity. Provide the name of requiring agency and the name of the actual requiring activity (e.g. Treasury’s Washington, DC Office – Central IT Division). Provide the name of the contracting agency and the name of the actual contracting activity (e.g. Treasury’s West Virginia Office – Contracting Division for IT).

Section 2.a A description of the supplies or services required to meet the agency’s needs.

Provide a clear, concise description of the supplies or services to be procured. Include a statement regarding the delivery schedule and/or the period of performance, inclusive of all option periods and award terms. State the schedule and associated schedule category(ies) the supplies or services are being procured against. For supplies, include details such quantity and a brief description of the items (e.g. twelve (12) laptops).

For brand name, provide the name of the brand, model number and other specific details associated with the brand name item(s) being procured; name(s) of known sources that can provide the brand name.

Section 2.b Name of Vendor. Insert the name of vendor to whom the award will be made out to.

Information can be obtained from SAM.

Section 2.c Requisition Number. If known, include the requisition number.

Section 3 Estimated dollar value of the acquisition. Provide the estimated dollar value of the acquisition, inclusive of all options, award terms and any other monetary incentives. However, if brand name then this dollar value reflects the total estimated dollar value of the portion of the proposed acquisition, inclusive of all options, award terms and other monetary incentives, that is brand name, only.

Section 4.a Identification of the circumstances that preclude competition. Check the applicable circumstance of the contract action that deems only one source reasonably available (see FAR 13.106-1(b)).

Section 4.b Supporting information and facts (i.e. the details surrounding the requirement that supports the selection made in 4.a). The rationale for the sole source must be thoroughly explained within this section. Explain why the vendor is the only one that can provide the product or service if using only one source (e.g. urgency, industrial mobilization, a patent, copyright, proprietary data, or exclusive licensing agreement). If brand name, provide sufficient

Treasury Standard Form – 1009 (Rev 10/16)

Prescribed by Treasury: DTAP 1013.106(b) detail to describe the rationale for the brand name. For example, Why is this particular brand name needed? Why won’t another brand of product work? If urgency, explain what harm, monetary or schedule wise, (and include dollars that would be lost, time lost, etc.) that will result if an aware is not made to this vendor by a certain date.

Section 5 Additional information. Include, as applicable, any other information that might support this sole source justification.

B. Certifications and Approvals Section 6. Obtain the Requiring Activity’s, Small Business Specialist’s and Contracting Officer’s signatures as indicated. See DTAP 1004.7004(a) & (b).