1.5.1-JOFOC_Redacted.pdf

OFFICE OF ACQUISITION MANAGEMENT

ICE Acquisition Manual 3006.301-90

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 3304

J&A-25-0396

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) in accordance with the requirements of FAR 6.303-1. The justification for the use of the statutory authority under FAR Subpart 6.3 is based on the following facts and rationale required under FAR 6.303-2 as follows:

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE), Office of Acquisition Management (OAQ), proposes to enter into a contract on behalf of the Homeland Security Investigations (HSI) on a basis of other than full and open competition.

2. Nature and/or description of the action being approved.

(a) Type of action: New, Firm-Fixed Price (FFP) Purchase Order

(b) Amount of the current J&A: $98,600.00

(c) Brief Description: OAQ intends to procure, on a sole source basis, iConective Enhanced

Law Enforcement Platform (ELEP) via a Firm-Fixed Price (FFP) sole source award with a one-year contract.

iConectiv, LLC 100 Somerset Corporate Blvd Bridgewater Township, NJ 08807

3. Description of Supplies/Services.

HSI has an immediate requirement for a turnkey solution that provides Application Programming Interface (API) capabilities to obtain information regarding ownership of telephone numbers by specific telephone service provider companies.

HSI agents routinely conduct investigations within the United States and abroad that involve multiple forms of communication involving but not limited to telephones. The use of telephones evolved in such a way that cell phones now dominate as the primary means of telephone communications versus traditional use of landline.

Per the FCC Wireless local number portability (WLNP) has been available in the U.S. since November 2003 (in the top 100 Metropolitan Statistical Areas (MSAs)) and May 2004 (in the rest of the country). A consumer wishing to port a number should contact the prospective new carrier, who will start the process of porting by contacting the consumer's current carrier.

Commission rules require carriers to port a number when they receive a valid request, and carriers may not refuse to port.

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 3304

Wireless LNP is a wireless consumer's ability to change service providers within the same local area and keep the same phone number.

Wireless LNP allows consumers to switch from one wireless carrier to another within the same general metropolitan area. It does not allow consumers to keep the same phone number when moving to a new town or city.

Wireless LNP also allows consumers to move a phone number from a wireline phone to a wireless phone in some cases.

Cell phone companies offer the ability to transfer your cellular phone number from one carrier to the other without needing to change your phone number for the convenience of the consumer. This would have switching folders indoor phone numbers is common with criminal organizations. The Federal Communications Commission “FCC” has designated iConectiv as the administrator of the Number Portability Repository.

As part of the investigative process agents and analysts must determine whom the owner for a particular phone number is associated. This process can at times involve hundreds of phone numbers where suspects are actively involved in crimes that will result in the loss of life.

Through the use of iConectiv services and the identification of a phone’s carrier, HSI can serve legal process without delay in the course of their duties.

Homeland Security Investigations is requesting a sole source contract for the services of identifying ported phone numbers that have been registered through the North American Portability Management, LLC. (NAPM). With these services Homeland Security Investigations will be able to efficiently incorrectly identify the current and previous telephone carriers for subjects and victims involved in investigations.

The vendor must provide a secure Application Program Interface (API) to determine:

A porting request number Current number ownership information Current service provider ID number Service provider company name Service provider contact name Service provider contact number Telephone porting history dating back to January 1, 2004

Period Time Total Base 12 mos. $98,600.00

$98,600.00

4. Identification of statutory authority permitting other than full and open competition.

The statutory authority permitting other than full and open competition is 41 U.S.C. §3304 as implemented by:

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 3304

FAR Subsection 6.302-1: Only one responsible source and no other supplies or services will satisfy agency requirements.

6.302-2: Unusual and compelling urgency.

6.302-3: Industrial mobilization; engineering, development, or research capability; or expert services.

6.302-4: International agreement.

6.302-5: Authorized or required by statute.

6.302-6: National security.

6.302-7: Public interest.

5. Demonstration that the nature of the acquisition requires use of the authority cited.

ICE/OAQ intends to procure Enhanced Law Enforcement Platform port phone lookup services from iConectiv.

iConectiv has contracted with the Federal Communications Commission and committed to providing an Enhanced Law Enforcement Platform (ELEP) that can facilitate access to portability data for law enforcement, public safety dispatch personnel, and authorized supporting organizations; and will provide this function by authenticated, secure, and encrypted means.

iConectiv is the sole source (singular FCC approved company) to administer Number Portability for the United States. Every Service Provider in the country is mandated to register with them and all ports (moving from one Service Provider to another) flow through their system. The ported number is going to accompany the subpoena system. This will help to ensure the carrier to send the subpoena in accurate.

iConectiv IS THE ONLY 0F1 1F2 vendor capable of providing HSI the following, which is critical to the success of the mission:

A porting request number Current number ownership information Current service provider ID number Service provider company name Service provider contact name Service provider contact number Telephone porting history dating back to January 2, 2004

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 3304

The description should include whether a sam.gov notice was or will be publicized, as required by FAR Subpart 5.2, and if not, which exception under FAR 5.202 applies. If the justification covers a brand name item, this section should address compliance with FAR 5.102(a)(6). If an announcement has already been made on sam.gov, give the date of issuance.

OAQ intends to publicize this requirement, prior to award, as required by subpart 5.2 by posting a notice on SAM.gov on September 8, 2025.

OAQ does not intend to publicize this requirement, prior to award, based on the following 5.202(a) exception: [See FAR 5.202(a) and select one of the 14 exceptions allowed for not publicizing on www.fbo.gov.

7. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The contracting officer determines that the anticipated prices will be fair and reasonable based on research on USASpending.gov and reviewing other federal agency procurements for the same services and determined the cost to be the exact same and unchanging year over year.

8. Description of market research.

Market research was conducted during August 2025, and it was determined that iConectiv remains the only vendor authorized by the U.S. Congress to manage phone port lookups. No other vendor is able to officially provide this service.

9. Any other facts supporting the use of other than full and open competition.

Not applicable.

10. A listing of the sources, if any that expressed, in writing, an interest in the acquisition.

A notice of intent to sole source was issued on September 4, 2025, on SAM.gov and vendors are able to express interest in the acquisition in writing to the Contracting Officer. No interested vendors have contacted the Contracting Officer.

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for supplies or services required.

Once the services are nearing completion, the Government will review if any other means of procuring the necessary requirements are able to provide the services can compete.

After award of this action, DHS intends to post the approved/signed justification pursuant to 6.305.

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 3304

After award of this action, DHS does not intend to post the approved/signed justification in accordance with 6.305(f).

12. Contracting Officer’s Certification and Approval.

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Contracting Officer Date

13. Technical/Requirements Personnel Certification.

I certify this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

Technical Representative/COR Date

MICHELLE E LEVINE

Digitally signed by MICHELLE E

LEVINE

Date: 2025.09.08 08:25:01 -05'00'