J_and_A_DigitalStakeOut.pdf

Control No:

Version – MARCH 2018 FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Program/Equipment: The U.S. Army Criminal Investigation Command has a requirement for DigitalStakeOut, Inc.’s Social Media Threat Analytics Software.

Authority: 10 U.S.C. 2304(c)(1) as implemented by FAR Part 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

Amount: Total estimated value of $576,331.00, inclusive of a 12-month base period with one 12-month option period.

Prepared by: James J. Martin DSN: 562-6653 Contract Specialist Date: 06 September 2018 Email: james.j.martin3.civ@mail.mil

Contracting Officer: Jake R. Perrotta DSN: 562-2703 Contracting Officer Date: 06 September 2018 Email: jake.r.perrotta.civ@mail.mil

Technical Representative: David E. Willis DSN: 240-4309 Supervisory Criminal Date: 06 September 2018 Intelligence Analyst, USACIDC Email: david.e.willis.civ@mail.mil

Requirements Representative: Gregory N. Norman DSN: 240-4475 Computer Crime Date: 06 September 2018 Program Manager, USACIDC Email: gregory.n.norman.civ@mail.mil

Reviews: I have reviewed this justification and find it adequate to support other than full and open competition.

Program Manager:

Typed Name: Gregory N. Norman Program Manager, USACIDC

DSN: 240-4475

Signature: //signed// Date: 06 September 2018

Group Manager:

Typed Name: Kenneth A. MacFarlane

DSN: 562-7268

Signature: //Signed// Date: 07 September 2018

Control No:

Version – MARCH 2018 FOR OFFICIAL USE ONLY

Legal Counsel:

Typed Name: Paul L. Harris

DSN: 562-5741

Center Director:

Alex J. Matejka

DSN: 562-2631

Version – March 2018 FOR OFFICIAL USE ONLY

Justification and Approval for Other than

Full and Open Competition

1. Contracting Activity: U.S. Army Contracting Command - New Jersey

2. Description of Action: The U.S. Army Criminal Investigation Command (USACIDC) requests a new Firm-Fixed Price Contract with DigitalStakeOut, Inc. (DSO), 4425 Alexander Drive, Suite 160, Alpharetta, Georgia 30022. The Government projects award for September 2018. Fiscal year 2018 Operations and Maintenance, Army funds will be used. An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B).

3. Description of Supplies/Services: USACIDC has a requirement for continued DSO Social Media Threat Analytics Software-as-a-Service (SaaS). This web-based software solution provides USACIDC with secure, legal social media threat detection, risk mitigation of publicly available social media, and the capability to identify and locate persons of interest, which allows USACIDC the ability to respond to potential threats and uncover actionable intelligence.

Base Period: 23 September 2018 to 22 September 2019 Value: $ 281,137.00 Option Period 01: 23 September 2019 to 22 September 2020 Value: $ 295,194.00

Total: $ 576,331.00

4. Authority Cited: 10 United States Code (U.S.C.) Section 2304(c)(1), as implemented by Federal Acquisition Regulation (FAR) 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. Reason for Authority Cited:

As described at FAR 6.302-1(a)(2), when the supplies or services required by the agency are available only from one responsible source, or for Department of Defense (DoD), National Aeronautics and Space Administration and the Coast Guard, from only one or a limited number of responsible sources, and no other types of supplies or services will satisfy agency requirements, full and open competition need not be provided for. As further described in FAR 6.302-1(a)(2)(ii)(A) and (B), supplies may be deemed to be available only from the original source in the case of a follow-on contract for the continued development or production of a major system or highly specialized equipment, including major components thereof, when it is likely that award to any other source would result in (A) substantial duplication of cost to the Government that is not expected to be recovered through competition, or (B) unacceptable delays in fulfilling the agency requirement. In accordance with the authority cited above, this action shall be awarded on a sole source basis to DSO based on the following.

USACIDC is responsible for conducting worldwide felony criminal investigations anywhere there is an U.S. Army interest. Among the other missions the USACIDC conducts are the protective services mission for senior Department of Defense (DoD) officials, logistics security, major procurement fraud, computer crimes involving U.S.

Army networks and computers, and sensitive investigations involving senior U.S. Army personnel and sensitive classified projects. USACIDC has been using the DSO Social Media Threat Analytics SaaS since 2015. USACIDC criminal intelligence analysts and protective service personnel use the DSO Social Media Threat Analytics software solution as a tool in identifying personnel who may have knowledge of a criminal act that has occurred in or on U.S. Army installations or to determine the potential involvement of any U.S. Army personnel.

No feasible alternatives could be identified at this time to fulfill this requirement. Since the DSO Social Media Threat Analytics software implementation in 2015, the DSO development team has continuously worked with USACIDC to develop, train personnel, geo-fence every Army installation throughout the world, and provide software updates specific to USACIDC’s mission. The existing DSO SaaS has over three years of USACIDC archived historical data that must be maintained and continually assessed in order to use the data for criminal intelligence and protective service missions. All Social Media Threat Analytics SaaS maintain their client’s data in a proprietary format that cannot be viewed or used by another software service. Failure to renew the DSO Social Media Threat Analytics SaaS would result in the loss of three years of archived historical data, which would be counter-productive and inefficient as USACIDC would lose its ability to investigate prior data, identify repeat offenders, and uncover weaknesses in protective services. In addition, USACIDC personnel have taken extensive, complex hands-on training in the use of the DSO SaaS. Changing Social Media Threat Analytics SaaS at this time would not only result in substantial delays, duplications of costs, geo-fencing of every Army installation throughout the world again, and the loss of historical data, but would also negate all of the software development and training conducted specifically for USACIDC’s use of the DSO SaaS. Current costs in labor hours for training alone is approximately $29,456.00. This does not include the labor hour costs expended by USACIDC personnel working with DSO in refining the Social Media Threat Analytics SaaS so that it meets USACIDC’s mission requirements. The estimated time to geo-fence all Army installations again is approximately 260 labor hours, and would impair USACIDC’s ability to identify and capture vital social media data that is critical to completing thorough and timely criminal investigations, especially in sexual assault related criminal investigations. Geo-fencing has to be done manually by a systems engineer and the estimated cost to redo all 450 installations in which the Army is responsible is $68,380.00.

Since this Social Media Threat Analytics SaaS has been developed by DSO using its proprietary software code, only the continued use of the DSO SaaS will ensure USACIDC’s capability to immediately obtain data necessary to mitigate threats to USACIDC protectees and to obtain critical data necessary to solve criminal investigations, past and present, in which the Army is a party of interest. Failure to procure this software will jeopardize the operation of the entire USACIDC investigative mission. Furthermore, it will cause serious mission impairment and could cause mission failure particularly in the area of protective services of high ranking DoD personnel.

DSO does not have an affiliation or agreements in place with any authorized resellers for the subject SaaS; therefore, DSO is the only responsible source that can satisfy the Government’s requirements.

6. Efforts to Obtain Competition:

a. Effective Competition: Because this is a sole source action, effective competition is not applicable.

b. Subcontracting Competition: Due to the nature of the proprietary nature of the software, the Government does not anticipate subcontracting opportunities.

7. Actions to Increase Competition: USACIDC will periodically monitor the market for Social Media Threat Analytics software for any changes to the ability to retrieve archived historical data. In addition, the Government will continue to conduct market research to ascertain if there are any changes in the marketplace which will enable future actions to be competed.

8. Market Research: Market research was conducted by USACIDC Criminal Intelligence Operations Center technical experts from March through June 2018 to determine the viability and availability of products that could support USACIDC’s Social Media Threat Analytics requirement. The market research included on-line searches for commercially available products and an investigation into other web-based threat analytic services such as Babel Street, iMapData, Mojo Analytics, and ZeroFox. While these products provide a similar service, DSO’s Social Media Threat Analytics SaaS has unique features specific to USACIDC’s mission such as the geo-fencing of every Army installation throughout the world and the development of specific search and data capture capabilities. In addition, DSO has all USACIDC archived historical data since 2015 which cannot be migrated or read by other software services. This data is critical to the performance of USACIDC’s criminal intelligence and protective service missions. The use of another Social Media Threat Analytics SaaS at this time would be extremely detrimental to USACIDC’s ability to provide full and comprehensive protection services to protected principals and perform complete and thorough criminal investigations. The market research concluded that DSO Social Media Threat Analytics SaaS is the only available product which could meet the needed requirements at this time.

In accordance with Defense Federal Acquisition Regulation Supplement (DFARS) 205.205-71, DFARS 206.302-1(d), and DFARS Procedures, Guidance and Information (PGI) 206.302-1(d), a Request for Information (RFI) was issued on the Federal Business Opportunities website from 01 June 2018 through 08 June 2018. One response was received from Management Science & Innovation, Inc., that contained a general company overview of what services the company offered. The company stated that it offers data analytics, process automation, training, and is a seller of VoyagerLabs social media products. The capability statement submitted did not contain any specifics to DSO’s Social Media Threat Analytics SaaS, its functionality or capabilities. Further USACIDC market research of VoyagerLabs found that while the company may possess the capabilities to meet the requirements listed in the Statement of Work, USACIDC must maintain its capability to re-examine or review archived data and the only way to do that is to continue to maintain the DSO’s Social Media Threat Analytics SaaS as one of its primary social media software applications. This archived data is very critical in USACID’s ability to solve cases with unknown subjects or serial offenders. Furthermore, no other software application will allow for review and/or re-examination of USACIDC’s archived data, except DSO’s Social Media Threat Analytics SaaS. USACIDC technical personnel determined that Management Science & Innovation, Inc., is not technically capable of successfully fulfilling this DSO Social Media Threat Analytics SaaS requirement at the present time. An RFI was also issued from 01 June 2018 through 08 June 2018 to 489 vendors under General Services Administration Federal Supply Schedule 70, Special Item Number 132-32, Term Software License. No responses were received.

In accordance with Army Regulation 25-1 and Department of the Army Policy memorandum dated 04 May 2009, the Computer Hardware, Enterprise Software and Solutions (CHESS) contract vehicle is the primary source for commercial information technology hardware, software, and associated items. Purchasers of commercial hardware and software must satisfy their information technology requirements by utilizing CHESS contracts and Department of Defense Enterprise Software Initiative (ESI) agreements first, regardless of the dollar value. DSO’s Social Media Threat Analytics SaaS is not sold on the CHESS contract vehicle. Therefore, CHESS statement of non-availability number 216732931 was approved on 18 April 2018.

9. Interested Sources: The Contracting Officer shall publish the notices required by FAR 5.201 and any bids or proposals received shall be considered. All interested sources have been captured in paragraph 8, above.

10. Other Facts:

a. Procurement History (I)

(1) W15QKN-15-C-0124 was awarded to DSO with a period of performance from 23 September 2015 through to 22 September 2016.

(2) W15QKN-15-C-0124 was competed on the Open Market as a Lowest Priced Technically Acceptable 100% Small Business Set-Aside.

(3) N/A

(4) N/A

(5) N/A

(6) No unusual patterns in the procurement have been identified.

(7) N/A

Procurement History (II)

(1) W15QKN-16-C-0107 was awarded to DSO with a period of performance from 23 September 2016 through to 22 September 2018.

(2) W15QKN-16-C-0107 was awarded on a sole source basis to DSO.

(3) FAR 6.302-1 (a)(2) Only one responsible source.

(4) Paragraph 7, of the justification for the previous procurement, stated that USACIDC would continue to conduct market research for future requirements on existing and new technologies as it becomes available. As evident by the results of the RFI and USACIDC’s independent research, documented in paragraph 8, the Open Market, GSA, and CHESS do not have the current capabilities to provide Social Media Threat Analytics SaaS that meet mission requirements.

(5) N/A – Sole Source

(6) No unusual patterns in the procurement have been identified.

(7) A previous justification was prepared to support the procurement made before this one, as depicted in paragraph 10(a)(1), above. Justification stated that, “DSO has Geo-fenced every Army installation throughout the world and developed specific search and data capture capabilities to support specific CID missions sets. If CID is not allowed to renew its contract with DSO, these capabilities will be lost. Furthermore, the data that is currently being retained by DSO for use by USACIDC cannot be migrated or read by other services.” There have been no significant changes.

b. Other Facts: There are no other facts that have not been previously stated in this J&A.

11. Technical Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Typed Name: David E. Willis Date: 06 September 2018 Title: Supervisory Criminal Intelligence Analyst Signature: //Signed//

USACIDC

12. Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Typed Name: Gregory N. Norman Date: 06 September 2018 Title: Computer Crime Program Manager Signature: //signed//

USACIDC

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

Fair and reasonable price will be determined by a cost/price analysis and a comparison of proposed prices with the Independent Government Estimate and historical pricing of similar requirements.

As a part of this basis, certified cost or pricing data will not be required, in accordance with FAR 15.403(b)(3), as this procurement is deemed commercial.

Typed Name: Jake R. Perrotta Date: 06 September 2018 Title: Contracting Officer Signature: //Signed//

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

Typed Name: Jake R. Perrotta Date: 06 September 2018 Title: Contracting Officer Signature: //Signed//