BERLA_LSJ_MEMO_REDACTED_05AUG2024.pdf

Control No: CAO-24-0289

Version – February 2017

Memorandum for Record – Limiting Competition at or below the Simplified Acquisition Threshold

1. Contracting Activity: Army Contracting Command-New Jersey, 5418 South Scott Plaza, Fort Dix NJ 08640

2. Description of Action:

Nature: New Requirement Follow-on Requirement

Contract Vehicle:

Purchase Order Number Blanket Purchase Agreement (BPA) number Order/BPA against FSS Contract Order against Multiple Award IDIQ Contract Name Order # against a single award IDC Contract Modification # to existing PO/TO/DO/Call Order

Pricing/Contract Type: Fixed Price Time & Materials/Labor Hours Cost Reimbursable Hybrid

Funds: Operations & Maintenance, Army (OMA) Other Funds:

Fiscal Year: 2024

Name of Proposed Contractor(s) and Address:

Berla Corporation 445 Defense Highway - Suite M Annapolis, Maryland 21401

Brand Name Buy: Yes No

3. Description of Services or Supplies:

This requirement is for the renewal of the current ten (10) Berla iVE Kit Automobile Forensic Software Kits Renewal Licenses and Upgrades, four (4) new Berla iVE Kit Automobile Forensic Software Kits, and a one-year option for Annual License Renewals and associated Support and Maintenance of DACID’s inventory of Berla iVE Kits DACID. The requirement is to renew all ten (10) existing Berla iVE Kits to the most current 2024 configuration of the Berla iVE software and to add four (4) new Berla iVE kits at new Digital Forensic Examiner (DFE) Cell locations. The requirement also includes a one-year option for Annual License Renewals and associated Maintenance and Support. Renewal of the existing Berla site Licenses will enable each of the DACID DFE Cells to have the capability to download data from motor vehicle onboard computers and infotainment systems and forensically download that data to determine if it contains information that may be of evidential value in a criminal investigation. Included with the software licenses shall be maintenance support which includes, but not limited to, support upgrades, patches and technical support. The contractor shall provide diagnosis of system problems and continuous problem resolution by phone, e-mail, or online assistance, providing both responsive and proactive services that will allow operational efficiency (during normal business hours).

The 10 existing DACID licenses (or Dongle Identification numbers) are as follows:

Description iVe Toolkit License Numbers Quantity Berla iVe License Renewals (12 months) 1223085770

305344041 711117839 1571567766 77295463

479565057 607778088 706734368 1047643254 145719775

New Berla iVe Toolkits with Licenses (12 months) TBD 4

Period of Performance: One (1) twelve (12) month base period and one (1) twelve (12) month option period.

Total Contract Value:

4. Authority:

FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

Or

FAR 8.405-6(a)(1)(i)(B) and 8.405-6(b)(1) Brand Name FAR 8.405-6(a)(1)(i)(A) Urgency FAR 8.405-6(a)(1)(i)(B) Only One Source is Capable FAR 8.405-6(a)(1)(i)(C) Logical Follow-on

Or

FAR 16.505(b)(2)(i)(B) Only One Awardee is Capable FAR 16.505(a)(4) Brand Name FAR 16.505(b)(2)(i)(A) Urgency FAR 16.505(b)(2)(i)(C) Logical Follow-on FAR 16.505(b)(2)(i)(D) Minimum Guarantee

Reasons for Authority Cited:

The Berla iVE Software is the only forensic tool available for conducting forensic extraction of data from automobile infotainment systems. Berla iVE Kit Software is used to extract data from automobile infotainment systems. The extracted data is used as evidence in criminal investigations. The current inventory of Berla iVE Kits is the current industrial standard extraction system used by law enforcement throughout the United States for extracting data from automobile infotainment systems. Berla Corporation is the Original Equipment Manufacturer of the Berla iVE Kits, and is the creator and sole provider of the iVE Kits and required software renewals and associated service/maintenance/support plans as well as training.

Berla does not have any authorized resellers and is the only known provider of the Berla Automobile Forensic Software Licenses and is the only offeror capable of renewing and upgrading the 10 existing DACID Berla licenses and providing four (4) new licenses and kits.

No manufacture other than Berla Corporation can provide the renewal of the Berla iVE Kit software due to compatibility with the current inventory. In addition, the costs to replace the current inventory of Berla iVE Kits to an alternative manufacturer is not feasible due to the substantial duplication costs associated with replacement of hardware, training and support to another manufacturer. The software renewals are required to the operation of the current Berla kits and are mission critical to enable the extraction of data that may be of evidential value in ongoing criminal investigations. Renewal and upgrade of the current inventory of Berla iVE Kits is critical to DACID because it will ensure that if any of the parts in the Kits fail it will be replaced. More importantly, renewal ensures that the software will be maintained so that it will work with any updates to vehicle onboard computers and infotainment systems. Additionally, renewal ensures that the software will work with new model vehicles.

5. Publicizing Contract Actions:

Requirement to post justification in accordance with FAR 8.405-6(b)(3), FAR 13.105(c), or FAR 16.505(a)(4)(iii)(A)

Action is NOT a brand name restriction and is under $150K, no posting of this justification is required Action is a brand name restriction, under $25K, no posting required

Action is a brand name restriction, over $25K. It will be redacted and posted with the solicitation.

6. Market Research:

Market research was performed between from 1 Apr - 13 May 2024, by the DACID Digital Forensics Program Manager. Coordination with Defense Cyber Crime Center, Defense Forensic Science Center, along with Internet research determined that there is currently only one company that has the equipment and software to do motor vehicle forensics, which is Berla Corporation.

In accordance with Army Federal Acquisition Regulation Supplement (AFARS) 5139.101, a search on the Computer Hardware Enterprise Software and Solutions (CHESS) website determined that Berla iVE Kits and software are not available. A Statement of Non-Availability, Request No: 216771472, was provided by CHESS on 20 April 2021. A survey of the forensic market was unable to find any source for Berla iVE Kits and software other than to purchase them directly from Berla. Additionally, Berla confirmed that “Berla is the creator and sole provider of the iVe Toolkit and associated service/maintenance/support plans as well as training.

No other organization or company is authorized to provide quotes or sell our products here in the United States…”

Upon reviewing the most recent market research, conducting web searches, and reviewing Federal Supply Schedule contracts for Berla iVE Kits contracts/items, ACC-NJ confirms that Berla iVE Kits are only available on a sole source basis from Berla Corp.

7. Other Facts:

In 2021, the DACIDC renewed Berla iVE Kits/support via the contract listed below:

Contract number: W15QKN-21-P-0088 Contractor: Berla Corp.

Date of Award: 10 Sep 21 Contract Amount: $100,000 Competitive Status: Sole Source Type of Contract: FFP Two maintenance options.

Delivery requirement, 30 days after contract award.

Authority used: FAR 13.106-1(b)(1) - For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

In 2018, the DACID renewed and aligned the period of performances for the ten (10) Berla iVE Kits via the contract listed below:

Contract number: W15QKN-18-P-0111 Contractor: Berla Corp.

Date of Award: 24 Sep 2018 Contract Amount: $93,830.00 Competitive Status: Sole Source Type of Contract: FFP Two maintenance options.

Delivery requirement, 30 days after contract award.

Authority used: FAR 13.106-1(b)(1) - For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.