JA 20-0253 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

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J&A-20-0253

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 U.S. Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), Office of Acquisition Management (OAQ), on behalf of ICE/Homeland Security Investigations (HSI) proposes to modify the existing Contract # for Option Year 3 to provide additional Pen-Link telecommunications analysis and intercept software suite licenses and training classes for the proprietary Pen-Link software suite on a basis of other than full and open competition.

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

(a) Type of action: Modification to Contract #

(b) Amount the current J&A is justifying:

(c) Brief Description: ICE/OAQ intends to limit the number of sources to only one source pursuant to FAR 6.302-1. The Contractor listed below is the only company that can provide the Pen-Link telecommunications analysis and intercept software suite licenses and training classes required because the supplies are unique or highly specialized.

Pen-Link, Limited 5936 Vandervort Drive Lincoln, NE 68516

3. Description of Supplies/Services:

This requirement is to provide Pen-Link telecommunications analysis and intercept software suite licenses and training classes for the proprietary Pen-Link software suite. Specifically, this proposed justification will require the following:

Increase an additional 200 of Pen-Link Professional Edition software licenses at an estimated cost of ;

Increase an additional 40 student available seats for 1, 2 and 3-day Pen-Link training classes at an estimated cost of ;

Increase an additional 360 student available seats for 1, 2 and 3-day Pen-Link training classes at an estimated cost of ;

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 3304

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1 license for 500 users for Pen-Link Self-Paced Learning: The Online Learning Library at an estimated cost of

Period Time Total Base Year 12 months Option Year 1 12 months Option Year 2 12 months Option Year 3 12 months Current J&A 12 months Option Year 4 12 months Total

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:

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

☐ FAR 6.302-2: Unusual and compelling urgency.

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

☐ FAR 6.302-4: International agreement.

☐ FAR 6.302-5: Authorized or required by statute.

☐ FAR 6.302-6: National security.

☐ FAR 6.302-7: Public interest.

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 3304

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

ICE/OAQ intends to procure additional Pen-Link telecommunications analysis and intercept software suite licenses and training classes. The dynamic growth in the workload and staffing has resulted in the expanded use of the existing Pen-Link software suite by ICE/HSI. The additional licenses and training are required to accommodate an additional number of Criminal Analysts, Special Agents, and Task Force Officers from state, local and federal partners who need to access vital information to maintain ongoing investigations or establishing new investigations across the United States.

Pen-Link, Limited is the developer and owner of the proprietary Pen-Link software suite and is uniquely positioned to sustain continuity of support of the existing Pen-Link software suite at ICE. Pen-Link has no authorized resellers.

Since 2017, the Pen-Link software suite has been implemented, tested and demonstrated to work well with the ICE IT enterprise infrastructure and network environment. Introducing a new software on the ICE Communications Assistance for Law Enforcement Act (CALEA) network would cost a minimum of approximately and would include the following:

reestablishment of the virtual interconnections with the ICE CALEA network, DHS components, and other Federal agencies networks; transfer data; train personnel, and; test the new contractor’s software. In addition, there would be administrative costs to re-write standard operating procedures. Therefore, the use of any other software on the ICE cloud computing environment would result in inoperability, incompatibility and interface issues along with the need to rebuild a portion of the ICE cloud to fit the new software.

Furthermore, the time required to train Government personnel may delay and result in an interruption in service and capabilities that could present significant safety and mission impacts. ICE/HSI utilizes the Pen-Link software suite to assist with long term criminal investigations with domestic and international links. Any interruption to the use of the Pen-Link software suite would severely impact ICE/HSI operations.

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

☐ OAQ intends to publicize this requirement, prior to award, as required by FAR subpart 5.2 by posting a notice on https://beta.sam.gov/ by no later than August 31, 2020.

☒ OAQ does not intend to publicize this requirement, prior to award, based on the following 5.202(a) exception:

The proposed contract action is made under the terms of an existing contract that was previously

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 3304

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7. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable:

The Contracting Officer has determined that issuing a modification to contract # for additional Pen-Link telecommunications analysis and intercept software suite licenses and training classes represents the best value and will result in the lowest cost, considering price and administrative costs, to meet the Government’s needs. The Contracting Officer determines that the anticipated price will be fair and reasonable based on the prior negotiated contract pricing, current contract pricing and the Independent Governments Cost Estimate (IGCE).

8. Description of market research:

Market research was conducted for telecommunications analysis and intercept software products as potential alternatives to Pen-Link software suite. No other products were found to meet the Government’s requirement. Market Research also reconfirmed Pen-Link, Limited does not have authorized resellers of the Pen-Link software suite.

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

There are no additional facts supporting this justification.

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

None.

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:

In order to remove or overcome barriers to competition in future acquisitions for this requirement, ICE/OAQ will work with the Program Office to perform additional market research so that other Contractor’s software product can be considered and if there is a need going forward to upgrade, change the telecommunications analysis and intercept software support, change in the CALEA network infrastructure, change if the Pen-Link software suite reaches End-of-Life (EOL) or if merited by new audit mandates by ICE, DHS or Congress.

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

☐ 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:

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.

___________________ 08/24/2020 Date

Contracting Officer

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.

__________________ 08/24/2020

Contracting Officer’s Representative

14. Approval:

_____________________ 08/25/2020_________

Office of Acquisition Management (OAQ) U.S. Immigration and Customs Enforcement (ICE)