Fog Data Science Sole Source Request
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OpenOversightVA.orgFog Data Science Sole Source Request
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OpenOversightVA.orgIT Goods and Services
Sole Source Procurement Approval Request
F
Refer to the Sole Source Procurement Policy posted on SCM’s section of the VITA Web site prior to
completing this form. Route the completed form to SCM at scminfo@[Link].
Delegated Purchases - Agencies have $250,000 delegated authority for IT that is out of scope to VITA
(see Authority and Delegation Policies). Procurements between $200,000-$250,000 must be competed
using competitive sealed bidding or competitive negotiation. When the procurement falls within an
agency’s standing delegation, attach your completed form to your eVA requisition (or order) and file.
Approval by VITA SCM is not required.
For purchases that do not fall within an agency’s standing delegation - submit the form to
scminfo@[Link].
For purchases requiring PGR approval – submit the form along with the PGR.
Note: If this is cloud hosted/SaaS based sole source procurement, see further instructions at end of
form.
Date 7/12/2022
Agency/Institution Name Virginia State Police
Contact Name Buyer Geneva Levesque
Telephone Number 804-543-0240
Description of Product or Non-Professional Service Fog Data Science Reveal Portal
Estimated Total Cost of Sole Source $ 15,000
Supplier Name Fog Data
JUSTIFICATION:
1. Explain why this is the only product or service that can meet the needs of the agency or institution.
This request is for a portal to the Fog Data Database that utilizes commercially available, third party,
Non PII Data and non-carrier data where the device owner has consented through an agreement with
application manufacturers to share limited data. The portal is a forensic tool that assists law
enforcement to develop leads utilizing data, which has been further anonymized, to a device
registration number. The Fog Data database contains the last 3 years of app data that they purchase
from over 300 vendors. Fog Data takes the app data, filters it and has created a portal to search the
data. The data consists of a Longitude, Latitude and a time-stamp for each device registration
number. Fog Data’s database then allows map views (Google earth), where the user can draw a Geo
fence and enter a date and time to identify registered devices during the specified times. If any of
the devices warrant further investigation, the user can query the device to view additional locations
the device has been located. Personal information is not able to be obtained through this database.
Fog Data is the only company that has created an integrated portal to access, filter and analyze the
data by location and time.
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2. Explain why this supplier is the only practicably available source from which this product or service can
be obtained, and verify that this product or service is not available on an existing statewide contract.
Fog Data’s database is the only product in the market that provides location and time information to
State and Local Police Agencies in the United States as a stand-alone portal. This product is not
available on any statewide contracts.
3. Document research conducted to prove the price of the product or service is reasonable.
VSP staff negotiated with Fog Data and was not able to negotiate a lower cost. The cost provided is the
cost that is offered to all users. VSP considers the purchase and maintenance costs fair and reasonable.
4. Is this application cloud hosted? Yes/No (please circle one)
If yes, then approval of this sole source is contingent upon the following Cloud-based Sole Source
Procurement Requirements being met prior to award:
Cloud-based Sole Source Procurement Requirements
Regardless of the dollar amount, the Agency must comply with The Third Party Use Policy located here:
Third-Party Use Policy
In addition, Cloud applications are subject to VITA’s Enterprise Cloud Offering Service (ECOS):
(i) Successful approval of the ECOS Security Assessment. More information about ECOS
can be found here: Enterprise Cloud Oversight Services. Forms and instructions are
available under the Standard Work Request Forms found here: VITA IT Service
Catalog.
(ii) The supplier’s acceptance of the VITA required Exhibit of Additional Cloud Services
Terms and Conditions or VITA’s approval of any negotiated changes to those terms and
conditions. (Any supplier proposed negotiations of these terms must be provided to
VITA in redline format for approval.) These terms and conditions are available by
contacting: enterpriseservices@[Link].
5. Is the procurement anticipated to result in a “high risk contract”? Yes/No (please circle one)
If yes, then approval of the high risk contract is contingent upon a preliminary review of the contract by
VITA and the Office of the Attorney General (OAG).
Section 2.2-4303.01 of the Code of Virginia defines “high risk contract” and provides evaluation criteria
for all public procurements which may result in a high risk contract. VITA’s policy on high risk contracts
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is located on our website at: [Link]
policies/
i. Prior to awarding a high-risk contract, VITA and the Office of the Attorney General will review the
contract within 30 business days to determine the contract’s compliance with state law and policy, as
well as the legality and appropriateness of the contract terms and conditions.
a. The review will also ensure the inclusion of distinct and measurable performance metrics
and clear enforcement provisions in all high risk contracts, as well as clearly outlined
penalties and incentives to be used in the event that contract performance metrics are not
met.
Agencies are required to contact VITA’s SCM division at: scminfo@[Link] during the contract
preparation stage of procurement to begin high risk contract evaluation.
CERTIFICATION:
To the best of my knowledge, information and belief, the technology product or service sought by the
agency meets all of the criteria for sole source procurements established in § 2.2-4303 (E) of Title 2.2 of
the Code of Virginia. Further, any required VITA third-party hosting prerequisites have been fulfilled and
are attached hereto.
Signed
Agency Head or Designee
Date 7/13/2022
APPROVAL:
Signed
VITA Supply Chain Management
Date
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