Name_Brand_Jusitification_for_an_Exception_to_Fair_Opportunity_-_Cellebrites.pdf

NGMO-PFO-C 23 August 2016

MEMORANDUM FOR RECORD

SUBJECT: Brand Name Justification for an Exception to Fair Opportunity

1. Contracting Activity: USPFO for Missouri, 7101 Military Circle, Jefferson City, MO 65101

2. Nature and/or description of the action being approved: The Missouri National Guard Counterdrug has a requirement to purchase Cellebrites and Cellebrite Subscriptions.

3. A description of the supplies or services required to meet the agency’s needs: See attached Statement of Work (SOW).

4. Identification of the exception to fair opportunity (see 16.505(b)(2)): Limiting competition to a particular brand name product which will be awarded to a HUBZone Set-aside via FBO.gov.

5. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable: The anticipated cost of Cellebrites are competitively priced with other brands and available Open-Market, with resellers, and an appropriate Non-Manufacturing Class Waiver.

6. Any other facts supporting the justification: The total government estimated cost for this requirement is less than the simplified acquisition threshold at $98,500.00.

7. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made: At the end of the current lifecycle of Cellbrite Devices another brand will be considered through competition.

8. I certify that the supporting data under my cognizance in this justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

9. Evidence that any supporting data that is the responsibility of technical or requirements personnel and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel:

A) Training Funds Expended – Counterdrug currently has (14) analysts certified as Cellebrite operators at the expense of approximately $53,900. This only covers the registration and not any travel costs associated with attendance.

NGMO-PFO-C

SUBJECT: Brand Name Justification for an Exception to Fair Opportunity

B) Subscription Renewals – Counterdrug currently has (5) Cellebrites and would like the ability to consolidate the future subscription renewals with any new Cellebrites in an effort to reduce costs and time associated with such renewals.

C) Continuity of Support – Through the use of current Cellebrite equipment, supported agencies have been able to dramatically increase their ability to work/prosecute narcotics related cases. They have become familiar Cellebrite’s capabilities and our own analysts have gained an enormous Cellebrite knowledge base creating professional development/sustainment training events throughout the year.

10. Based on the foregoing justification, I hereby approve this procurement on Brand Name Justification for an Exception to Fair Opportunity.

11. The point of contact for this memorandum is the undersigned at 573-638-9632 or forrest.a.hancock.mil@mail.mil.

KERREY A. RENKEMEYER

Contracting Officer

NGMO-PFO-C 23 August 2016