4. Identify the exception to fair opportunity and supporting rationale. Justification for Brand Name Exception to Fair Opportunity –

The statutory authority permitting other than full and open competition is 10 U.S.C. § 3204(a)(1) implemented by the FAR Subpart 6.103-1(b) entitled “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, Application for brand name” Specifically FAR 6.103-1(b).

The USCG intends to procure brand name DataSwitch & Maestro ICAN software IPs in order to support the NAIS program. The USCG has determined ICAN currently holds all intellectual rights to the Data Switch and Maestro IPs and only its authorized service providers are capable of providing the necessary software maintenance support. As there are no authorized resellers, this will be a sole source to ICAN.

5. Demonstration that the Proposed Contractor’s Unique Qualifications or the Nature of the Acquisition Require Use of the Authority Cited.

ICAN, Inc. is the only source capable of providing the required products and services, as there are no authorized resellers for ICAN systems or software. The ICAN system operates on proprietary software, developed and owned by ICAN, Inc. This contract requires ongoing software maintenance and upgrades, which requires access to the system’s source code for its core components, the "Data Switch" and "Maestro" applications. Without these updates, the software may not function as intended, potentially resulting in lost data, system outages, and other service interruptions.

The Government does not possess the intellectual property rights for this software. As a result, it is legally impossible to provide the source code to any other contractor, precluding third-party maintenance or upgrades.

Market Research, as documented in Section 8, confirmed this limitation. Four (4) companies expressed interest in performing the work; however, all were found technically unacceptable solely because they could not obtain access to the necessary proprietary code. ICAN, Inc. has not authorized any resellers to provide their software.

Alternative software solutions cannot be considered at this time due to specific requirements for data handling, such as National Marine Electronics Association (NMEA) protocols, real-time testing, and backend data parsing and archival system requirements.

Because no other company can legally and technically access the software's source code, only ICAN, Inc.

can fulfill the requirements of this contract. They are the only responsible source, and there are no authorized resellers. Switching to a different brand or software solution is not feasible at this time, as other software is not compatible with the existing system architecture and cannot provide the required updates, maintenance, or support for the core components. Attempting to replace the ICAN system would require significant duplication of costs and resources. Until such a system overhaul is undertaken, ICAN remains a vital part of the NAIS system, and no other software can be substituted without risking operational integrity and mission-critical functionality. Therefore, it is in the best interests of the Coast Guard to award a sole source contract to ICAN, Inc., for continued support of the brand name software.

6. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential Sources as is Practicable.

Based on the results of the market research, as outlined in Section 8, only one vendor, ICAN Inc., can provide the required software maintenance support.

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

The Contracting Officer will determine that the anticipated cost to the Government will be fair and reasonable based on the IGCE, prior acquisition history, and ICAN’s available pricing for the same/similar products.

8. Description of Market Research.

The USCG conducted market research on SAM.gov releasing a Request for Information (RFI) on 03 October 2025 and closing on 17 October 2025. Of the four (4) responses, none of the vendors were authorized resellers of the ICAN Software and Licenses and therefore, were not capable of the requirements solicited.

Therefore, based on market research, it has been determined that no other source possesses the technical qualifications, proprietary resources, and required legal access to the ICAN source code. As such, ICAN, Inc. is the only responsible source capable of performing this work, and no other supplies or services will satisfy the agency’s minimum requirements

9. Any Other Facts Supporting the Use of Other Than Full and Open Competition.

None.

10. A Listing of the Sources, if any, that expressed, in writing, an interest in the acquisition.

Company Name POC Alliance Global Tech Inc.

5457 Twin Knolls Rd Suite 300 Columbia, MD 21045

POC: Bilal Naveed 954-850-4970 Bilal.Naveed@agtbi.com

ATZ Solutions LLC 301 S McDowell St Suite 125 Charlotte, NC 28204

POC: Nabi Nurun 213-820-1624 govt@atzsolutionllc.com www.atzsolutionllc.com

BHPE LLC

10601 S Western Ave Oklahoma City, OK 73170

POC: No Name 405-205-5384 ss@bh.pe

KPLER

No Address listed on email or website

POC: Brian Kesecker bkesecker@kpler.com www.kpler.com

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 are required.

It is anticipated that this brand name software will be required for the foreseeable future in a sole source capacity. However, the Government will continue to conduct market research into other software and support options that could potentially satisfy future requirements or determine if authorized resellers are ever approved.

12. Contracting Officer’s Certification.

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.

Date

13. Technical/Requirements Personnel Certification.

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

Date

14. A written determination by the approving official that one of the circumstances in paragraphs FAR 6.103-1 (b) applies to the order.

I have reviewed this Justification for an Exception to Fair Opportunity and find it to be.

accurate and complete to the best of my knowledge and belief.

Date