JA 240357 Redacted.pdf

OFFICE OF ACQUISITION MANAGEMENT

ICE Acquisition Manual 3016.505-90

ITEMS PARTICULAR TO ONE MANUFACTURER (BRAND-NAME)

WHEN PLACED UNDER AN INDEFINITE DELIVERY INDEFINITE QUANTITY (IDIQ) CONTRACT

FAR 16.505(a)(4) and 16.505(b)(2)(ii)

J&A-24-0357

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), Office of Acquisition Management (OAQ) proposes to award an IDIQ delivery order on behalf of the Office of the Chief Information Officer (OCIO)/Operations Division (OPS)/Application Services Branch (ASB), resulting from a solicitation containing a brand-name specification.

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

(a) Name of the ICE, DHS, or Multiple-Agency Multiple Award Contract that the delivery/task order or modification is being placed under:

NASA SEWP GWAC

(b) If applicable, identify the functional category, size category, or other sub-section of awardees which will be provided a fair opportunity to be considered:

This procurement will be competed against all qualified small business vendors.

(c) Identify contract type and whether new action or modification: Firm Fixed Price, New action

(d) Dollar amount for this justification: xxxxxxx

(e) Title of the required brand-name manufacturer and product:

Manufacturer: ServiceNOW – Product Description:

ITEMS PARTICULAR TO ONE MANUFACTURER (BRAND-NAME)

WHEN PLACED UNDER AN INDEFINITE DELIVERY INDEFINITE QUANTITY (IDIQ) CONTRACT

Line # SKU Product Description Quantity

1 PROD18818 SERVICENOW FEDRAMP (IL-2) GCC PROD/NON-PROD (bundle) 3 2 PROD18818 SERVICENOW FEDRAMP (IL-2) GCC PROD/NON-PROD (bundle) 2

3 PROD00832 SERVICENOW® ADDITIONAL PRODUCTION ENV 1

4 PROD00070 SERVICENOW® ADDITIONAL NON-PRODUCTION INSTANCE 1

5 PROD00070 SERVICENOW® ADDITIONAL NON-PRODUCTION INSTANCE 1

6 PROD00070 SERVICENOW® ADDITIONAL NON-PRODUCTION INSTANCE 1

7 PROD18250 SERVICENOW INTEGRATION HUB STARTER V2 1

8 PROD11482 SERVICENOW® INTEGRATION HUB ENTERPRISE 1

9 PROD18250 SERVICENOW INTEGRATION HUB STARTER V2 1

10 PROD11482 SERVICENOW® INTEGRATION HUB ENTERPRISE 1

11 PROD12820 SERVICENOW® CUSTOMER SERVICE MANAGEMENT PROFESSIONAL 50

12 PROD15338 SERVICENOW® AI SEARCH STARTER 1

13 PROD16963 SERVICENOW(R) IT OPERATIONS MANAGEMENT VISIBILITY - SUBSCRIPTION UNIT (PRICEDMONTHLY, 1 YEAR TERM) 5000

14 PROD11356 SERVICENOW® IT SERVICE MANAGEMENT PROFESSIONAL U/U 29500

15 PROD12492 SERVICENOW® AGILE TEAM 1

16 PROD12015 SERVICENOW® APPLICATION PORTFOLIO MANAGEMENT PRO 25

17 PROD13076 SERVICENOW® PLATFORM APP ENGINE U/U 29500

18 PROD16953 SERVICENOW® STRATEGIC PORTFOLIO MANAGEMENT - PRO USER 500

19 PROD22568 SERVICENOW® IMPACT - TOTAL - PUBLIC SECTOR (US) (30%CACV) 1

20 PROD23810 PRIVACY MANAGEMENT STANDARD - PRIVACY OPERATOR 15

21 PROD23825 PRIVACY MANAGEMENT STANDARD - PRIVACY LITE OPERATOR 35

3. Description of Supplies/Services.

(a) The ICE Office of the Chief Information Officer requires an IT Service Management (ITSM) platform to provide end-to-end IT service solutions and automations. The platform must:

- Align with Information Technology Infrastructure Library (ITIL) best practices.

- Manage incidents, service requests, change requests, and software/hardware assets.

- Integrate with existing custom IT solutions, currently using ServiceNow.

Key Features Required:

1. IT Service Management (ITSM) Suite: Serves as the primary ticketing system for IT incidents, outages, and changes, with functionalities including approval engines, automated workflows, and reporting GUIs.

2. Data Analytics and Reporting: Essential for system performance optimization and process automation, allowing process owners to manage workflows and address issues.

3. Integration Hubs: Centralized platforms for integrating with various systems, featuring pre-built automation actions for seamless connectivity.

4. No-Code/Low-Code Development: Simplifies development through drag-and-drop features, reducing the need for coding and minimizing errors.

(b) Existing custom business solutions developed in the ServiceNow platform that would

ITEMS PARTICULAR TO ONE MANUFACTURER (BRAND-NAME)

WHEN PLACED UNDER AN INDEFINITE DELIVERY INDEFINITE QUANTITY (IDIQ) CONTRACT

require reengineering, change in existing support infrastructure, and/or require modifications to existing contracts. See list below:

(b) The period of performance is 9/29/2024 through 09/28/2025.

This is not a modification

(c) Include a table similar to the following for all actions:

Period Time Price Total Base 12 mos. $9,575,328.00 $9,575,328.00

4. Statutory Exception and Rationale.

Exception:

The specific exception for providing for brand-name awards under multiple award contracts is Federal Acquisition Regulation (FAR) Subpart 16.505(a)(4). An item peculiar to one manufacturer can be a particular brand-name, product, or a feature of a product peculiar to one manufacturer. A brand-name item, even if available on more than one contract, is an item peculiar to one manufacturer.

Rationale:

(a) The ICE Office of the Chief Information Officer requires an IT Service Management (ITSM) platform that provides comprehensive IT service solutions and automation. The system must align with ITIL Best Practices and manage incidents, service requests, change requests, and software/hardware assets. It should integrate seamlessly with existing custom IT solutions and configurations, which are currently managed within ServiceNow.

(b) Market research conducted from January to June 2024, and reviewed again in August 2024, revealed that current Platform as a Service (PaaS) options do not meet the agency’s needs due to the following reasons:

i) Business solutions on the ICE ServiceNow platform would require extensive reengineering to be compatible with other products.

ii) Transitioning to a new product would necessitate retraining and possibly restaffing:

• The ICE Service Desk and IT Field Operations (~500 personnel) would need retraining.

• The ServiceNow Operations and Maintenance Team, consisting of 5 specialized staff, would require adjustment.

iii) Migrating to a competitor product would entail substantial costs and planning, including data migration from ServiceNow, potentially impacting ROI.

ITEMS PARTICULAR TO ONE MANUFACTURER (BRAND-NAME)

WHEN PLACED UNDER AN INDEFINITE DELIVERY INDEFINITE QUANTITY (IDIQ) CONTRACT

iv) A new system would alter user experience across various ICE portals and services, affecting the Human Resources portal, ICE Service Catalog, reporting, and IT support services.

(a) BMC Remedy: A cloud-based solution suited for medium to large businesses. While scalable and adaptable, it requires significant reengineering to align with ServiceNow solutions and lacks low-code/no-code development features. BMC Remedy was the agency’s ITSM provider prior to 2017.

(b) Ninja One: A cloud-based software suitable for small to large businesses but lacks essential modules like Software Asset Management and Knowledge Management. It also does not offer low-code/no-code functionality and would require substantial redevelopment.

(c) SolarWinds MSP: A cloud-based provider with features such as Incident Management and Change Management. However, it lacks low-code/no-code development features and would need considerable reengineering to match the current ServiceNow solutions.

5. Determination by the contracting officer that the anticipated cost to the

Government will be fair and reasonable.

The contracting officer determines that the anticipated price(s) will be fair and reasonable based on adequate price competition. Multiple NASA SEWP, Small Business contract holders provide these brand name products. The Government has a reasonable expectation that at least two quotes will be received.

6. Any other facts supporting the justification. NONE

7. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition forthe supplies or services is made.

It is not likely that ICE’s platform services and licensing will change before this contract ends.

However, to increase competition, OAQ will seek and solicit as many authorized resellers of ServiceNOW licenses as possible.

8. If the total dollar value of this action exceeds $30,000, OAQ intends to provide the justification and supporting documentation along with the solicitation to all (IDIQ) contract awardees under the NASA SEWP GWAC HUBZone accordance with FAR 16.505(a)(4)(iii)(A).

9. Technical/Requirements Personnel Certification.

I certify that this requirement meets the Government’s minimum need and that the supporting data, which form a basis for the Brand-Name Justification, are accurate and

ITEMS PARTICULAR TO ONE MANUFACTURER (BRAND-NAME)

WHEN PLACED UNDER AN INDEFINITE DELIVERY INDEFINITE QUANTITY (IDIQ) CONTRACT

complete. Digitally signed by Scott G.

Simmons Date: 2024.09.23 07:21:03 -07'00'

Technical Representative/COR Date

10. Contracting Officer Certification.

I hereby certify that the Brand-Name Justification is accurate and complete to the best of my knowledge and belief.

Digitally signed by MAXINE D EDWARDS Date: 2024.09.24 08:48:29 -04'00'

Maxine Edwards Date Contracting Officer

11. Approval:

xxxxxxxxxxxxxxxxxxxxxxxx Elease Sanders Date Competition Advocate