5.1.1-P00012_LSJ_Exceeding_SAT_Redacted_V4.pdf

OFFICE OF ACQUISITION MANAGEMENT

ICE Acquisition Manual 3006.301-90

LIMITED-SOURCES JUSTIFICATION

ORDERS OR BPAS EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

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J&A-25-0309

This acquisition is conducted under the authority of the Multiple-Award Schedule Program, 41 U.S.C. 152(3), Competitive Procedures, and 40 U.S.C. 501, Services for Executive Agencies.

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE), Office of Acquisition Management (OAQ), on behalf of the Office of the Chief Information Officer (OCIO) Solutions Delivery Division (SDD), proposes to modify Task Order 70CTD022FR0000170, pursuant to Federal Acquisition Regulation (FAR) 8.405-6(a) Limiting Sources.

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

(a) Type of action: Modification to existing Firm-Fixed-Price (FFP) Task Order

(b) Amount the current LSJ is justifying:

(c) Brief Description: OAQ intends to modify Task Order 70CTD022FR0000170 on a limited source basis to the following company:

Palantir Technologies, Inc.

1200 17th Street, Floor 15 Denver, CO 80202

3. Description of Supplies/Services.

ICE Enforcement and Removals Operations (ERO) requires continued licenses (renewal), Operations and Maintenance (O&M) and adaptive maintenance support on the existing Immigration Lifecycle Operating System (ImmigrationOS) that is currently being deployed.

ImmigrationOS supports multiple Presidential Executive Orders including Executive Order 14159 - Protecting the American People Against Invasion and Executive Order 13773— Enforcing Federal Law With Respect to Transnational Criminal Organizations and Preventing International Trafficking. In addition to continued licenses and maintenance support, ICE requires continued refinements (adaptive maintenance) to support the following ImmigrationOS system capabilities:

In support of the Targeting and Self-Deportation capabilities, continue to refine the deployed operational solutions that streamline identification of aliens who are out of status, prioritize based on risk factors, provide targeting data to the field in support of daily apprehension operations and informed custody determinations, and track the status of deported aliens, allowing for Officers and Agents to have real time data in the field. This operational capability is critical to current mandated Mission operations and allows for the streamlined selection and apprehension of illegal aliens based on ICE enforcement priorities—especially affiliates of known transnational criminal organizations (TCOs), violent criminals, LIMITED-SOURCES JUSTIFICATION

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8.405-6(a)(1)(i)(C) In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order or BPA must not have been previously issued under sole-source or limited-sources procedures.

Rationale:

Palantir is the only source is capable of providing these supplies and services. As described in J&A-25-0092, ICE determined that Palantir was the only source capable of delivering ImmigrationOS, which is on track to be deployed by September 25, 2025. With ImmigrationOS now in the O&M phase, ICE requires continued licenses, hosting, maintenance, additional configurations, and adaptive maintenance that will directly support the priorities included under Presidential Executive Orders, including EO14159 - Protecting the American People Against Invasion. ICE currently employs Palantir’s commercial software as the Investigative Case Management (ICM) System. This proprietary product of Palantir has already been configured specifically for ICE’s operational needs and meets all critical requirements required by Executive Order 14159 - Protecting the American People Against Invasion.

ICE currently employs Palantir’s commercial software as the foundation for the Investigative Case Management (ICM) System, which is indispensable to ICE’s mission-critical operations. The ICM System provides seamless data integration, advanced analytics, and case management capabilities that are essential for supporting complex investigative operations. This integration enables ImmigrationOS to deliver unparalleled data-sharing capabilities, streamlined workflows, and enhanced decision-making tools, allowing ICE to more effectively manage immigration enforcement and investigative activities while ensuring operational efficiency, data accuracy, and compliance with federal security and privacy requirements. This was completed by leveraging the underlying infrastructure of ICM and also utilizes Palantir’s proprietary software/code. Because Palantir owns the technical rights and proprietary data the required services were built upon, no other vendor can access or make changes to the underlying platform.

As this requirement is currently in the maintenance phase, awarding the O&M of ImmigrationOS to a new vendor would result in a duplication of effort and unnecessary increased cost. There are no other vendors that can complete the required O&M and adaptive maintenance services without unacceptable delays, likely resulting in mission failure due to system inoperability. Awarding to a new vendor would require starting completely from scratch, including onboarding new staff, re-developing the entire system, and obtaining a new Authority to Operate (ATO) and an approved Privacy Impact Assessment (PIA). Such a transition would result in significant delays, increased costs, and disruptions to ongoing investigations, jeopardizing ICE’s ability to meet its enforcement objectives. Furthermore, transitioning would pose risks to operational continuity and national security, as ICE would need to rebuild critical functionalities and ensure compliance with federal security and privacy requirements. Leveraging the existing infrastructure and proven capabilities of Palantir’s software avoids these challenges, ensuring uninterrupted operations, cost

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5. Determination by the contracting officer that the anticipated order represents the best value consistent with FAR 8.404(d).

The Contracting Officer (CO) determines that issuing a modification, for support to ICE’s ImmigrationOS to Task Order number 70CTD022FR0000170 represents the best value to the Government. This task order is placed in accordance with FAR 8.404, Use of Federal Supply Schedules. The General Services Administration (GSA) has already negotiated fair and reasonable pricing in their contractually established rates. OAQ will investigate pricing extended to other Federal agencies for substantially similar procurements and seek additional discounts from the GSA schedule rates in accordance with FAR 8.405-4, Price Reductions. Additionally, prior to issuance of the modification, OAQ will consider the licensing fees and quantities, level of effort and the mix of labor proposed to perform the requirements as identified in the Performance Work Statement (PWS) in order to determine that they are commensurate to the work being performed, thereby supporting a determination that the total price for the modification is fair and reasonable.

6. A description of the market research conducted among schedule holders and the results, or a statement of the reason market research was not conducted.

Market research for the continued license support, O&M, and adaptive maintenance of ImmigrationOS was not conducted. Palantir is the sole owner/distributor of the Palantir Platform. Though they do have approved resellers to provide modules (preconfigured Palantir applications), resellers do not have access to the full Palantir capabilities. As such, no other vendor can provide the required support of the existing platform.

7. Any other facts supporting the limited-source justification. Additional facts may be stated in this section. If there are no additional facts, you must state that here.

The continued support services are in support of requirements added to Task Order 70CTD022FR0000170 via modification P00009, J&A-25-0092.

8. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to restricted consideration (i.e., limited-sources) before any subsequent acquisition for the supplies or services is made.

ICE will continue to research opportunities to remove any barriers to competition for this procurement with each option year and future recompetes. This ensures that the services/products provided remain aligned with the evolving needs of the agency and reflect current market conditions and best practices

9. DHS intends to post this requirement on sam.gov pursuant to FAR 8.405-6(a)(2).

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10. Technical/Requirements Personnel Certification.

Pursuant to FAR 8.405-6(c)(2)(x), I certify that this requirement meets the Government’s minimum need and that the supporting data, which form a basis for the Limited-Sources Justification, are accurate and complete.

11. Contracting Officer Certification

Pursuant to FAR 8.405-6(c)(2)(ix), I certify that this justification is accurate and complete to the best of my knowledge and belief and hereby determine that the circumstances for the Limited-Source Justification exist:

12. Approval.

Pursuant to FAR 8.405-6(c)(2)(xi), I hereby determine the circumstance identified in Section 4 applies