4.2.1-SSJ SAM.pdf

OFFICE OF ACQUISITION MANAGEMENT

ICE Acquisition Manual 3006.301-90

SOLE SOURCE JUSTIFICATION: SIMPLIFIED PROCEDURES FOR CERTAIN

COMMERCIAL ITEMS EXCEEDING SAT, INCLUDING BRAND NAME

J&A-24-0229

Pursuant to the requirements under the authority of simplified procedures for commercial items at 41 U.S.C. 1901 as implemented by Federal Acquisition Regulation (FAR) Subpart 13.501 and consistent with the content requirements of FAR 6.303-2.

1. Agency and Contracting Activity.

The Department of Homeland Security, U.S. Immigration and Customs Enforcement, Office of Acquisition Management, proposes to enter into a contract on behalf of the Office of the Chief Information Officer (OCIO), and the Information Governance and Privacy (IGP), on a basis of other than full and open competition.

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

(a) Type of action: Firm Fixed Price Task Order

(b) Amount the current J&A is justifying: $2,339,395.00

(c) Brief Description: OAQ intends to procure, on a sole source basis, annual subscription for Executive Programs Leadership Team Plus, and Gartner for Technical Professionals, using simplified acquisition procedures. This action is being taken pursuant to the authority of FAR 13.501. The vendor listed below is the only company that can provide the required services.

Gartner, Inc 56 Top Gallant Road Stamford, CT 06902-7700

3. Description of Supplies/Services. Describe the supplies or services to be acquired.

Provide the estimated total value (including options, if any).

This requirement is to provide annual subscription for Executive Programs Leadership Team Plus, and Gartner for Technical Professionals services at an estimated total cost of $766,414.00 for the base year. Additionally, there will be two option years, bringing the total Task Order value inclusive of options to $2,339,395.00. These services are required to facilitate the OCIO and IGPs need.

Period Time Total Price Base 12 Months $766,414.00 Option Year 1 12 Months $749,035.00 Option Year 2 12 Months $823,946.00

SOLE SOURCE JUSTIFICATION: SIMPLIFIED PROCEDURES FOR CERTAIN

4. Identification of the authority.

This action is being taken under the authority of Simplified Procedures for Commercial Items, 41 U.S.C. 1901 as implemented by FAR 13.501.

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

a. OCIO and IGP intends to procure on a sole source basis as the only responsible source capable of delivering the subscription services required. The exception for this sole source purchase is based on FAR 16.505(b)(2)(i)(B), only one awarding is capable of providing the supplies or services required at the level of quality required, because the supplies or services ordered by unique or highly specialized.

b. Public Law 106-481, section 103 (2 U.S.C. section 182c (f)(1)) authorized

FEDLINK as a revolving fund program to provide “procurement of commercial information services, publications in any format and library support services…related accounting services…related education, information and support services to federal offices. Federal agencies gain access to FEDLINK via an interagency agreement between the agency and the Library of Congress who manages FEDLINK. While some of the publications the Department of Homeland Security subscribes to are managed via a Working Capital Fund supervised by the DHS Library Program, some of the subscriptions available under FEDLINK are available as Direct Express services.

This Direct Express service allows agencies to directly interact with certain vendors and their IDIQs or Basic Ordering Agreements, similar to using a GSA schedule.

Annual subscriptions for Executive Programs Leadership Team Plus, and Technical Professionals are available as a Direct Express subscription via Gartner, Inc., under IDIQ LCFDL24D0001. As this IDIQ was synopsized at time of award, no synopsis or further competition is required at the Task Order level. The DHS Library Program does not manage Annual Finance Leader subscription on an agency level and has directed each component to manage its own subscription.

The sole source vendor, Gartner, has established a contract with FEDLINK, which consists of an electronic database publication platform. In accordance with 2 U.S.C. § 182c (f)(1), Federal entities in the executive branch are authorized to place orders under the terms and conditions of the contract.

Through its contract with FEDLINK, Gartner has the largest IT research body of knowledge available, gleaned through proprietary information. This data is not available through any other means at a reasonable cost. In addition, Gartner’s proprietary products meet the need of OCIO and IGPs requirement.

c. Market research report has indicated that the subscription provided by the vendor

SOLE SOURCE JUSTIFICATION: SIMPLIFIED PROCEDURES FOR CERTAIN

pull from a unique data set, FEDLINK, different from any other vendors, and that there is no feasible way to insert competition into the fulfillment of this specific requirement, because the other research base vendors database are unique to their offering in other fields.

d. If the J&A is not approved and, consequently, the product or service not provided, OCIO and IGP will incur a lapse in service.

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

The basis for the determination of “only one available source” is based on the conclusion that only Gartner produces (and is inherently capable of producing) the highly specialized and proprietary software solution platform required for program operations. Market research has indicated that the subscription provided by the vendor leverages unique data sets and proprietary industry insights; diverse from any other publicly available and/or commercial offerings.

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

Price reasonableness was determined at the time of award of Gartner’s IDIQ, LCFDL24D0001 by the Library of Congress. Pricing was also determined fair and reasonable based on Market Research and previous order history at time of award. Based on this analysis, the quoted price is found to be fair and reasonable in accordance with FAR 13.106-3(a)(2).

8. Description of market research.

Market research was conducted prior to the award of the new contract in May of 2024 and indicated that only one source capable of meeting the needs on OCIO and IGP. Market research indicates that the licensing subscription available through Gartner is proprietary to Gartner. In general, all of Gartner 's content is proprietary through their contract with

FEDLINK.

9. Any other facts supporting the justification.

None.

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

None.