Redacted JA Brand Name.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-26-0016

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 Chief Information Officer (OCIO)/Enterprise Services Branch (ESB) 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 National Aeronautics and Space Administration (NASA) Solutions for Enterprise-Wide Procurement (SEWP) V Government Wide Acquisition Contract (GWAC)

(b) This procurement will be open to competition among qualified SEWP V vendors within the qualified NASA SEWP V vendors that are part of the Group B (1) HUBZone socio-economic category.

(c) Identify contract type and whether new action or modification:

Firm Fixed Price, New Action under FAR 16.505

(d) Dollar amount for this justification is estimated at $XXXXXXX

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

XXXXXXXXX

XXXXXXXXXXXX

3. Description of Supplies

ICE has a requirement for high level security software licenses inclusive of maintenance that provide advanced document editing, electronic signature capability, collaborative and application tools, and cloud services that can be deployed across ICE Enterprise-wide. The software will allow ICE users access a complete set of capabilities that work seamlessly while using different applications.

ITEMS PARTICULAR TO ONE MANUFACTURER (BRAND-NAME)

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

(a) The period of performance will consist of an XX-month Period.

(b) Estimated total value as shown below:

Period

Time Total Base XX mos. $XXXXXXXX

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) Market research was conducted from 10/23/2025 – 10/28/2025 via the Internet, email, and telephone interviews to determine which vendors can provide existing subscription licenses and support renewal. The Government conducted extensive market research to review non- XXXXXX products to determine whether this requirement or any portion of the requirement can be brand name or equal. The market research results indicated that while there are other software products like XXXXXXXXXX, such as Microsoft Office, Google Workspace, and Apple iWork, these alternatives are not suitable for enterprise deployment.

They are either often limited to specific operating systems or missing one of the main features that ICE users need such as electronic signature and may or may not include collaboration and cloud services.

(b) ICE has a requirement for XXXXXX products which include software and software maintenance within their ICE network architecture, all requiring current maintenance on each product. The use of XXXXXX products is essential to the ICE operations when communicating internally among ICE users and externally with the public and other federal, state, and local governments. Deviation from XXXXX products would impair the technical design and interface with many systems and enterprise functionality. This is due to established workflows and integrations that are deeply embedded with XXXXX Creative Cloud products and their APIs. Switching away from XXXXX could disrupt these processes, cause file format compatibility issues, and break API and extension integrations.

Additionally, as XXXXXX products are industry standards, such a deviation could create compatibility problems when collaborating with external partners or using templates and assets designed for XXXXX software. Overall, a strong existing infrastructure reliant on

ITEMS PARTICULAR TO ONE MANUFACTURER (BRAND-NAME)

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

XXXXXX ecosystem may face substantial integration breaks, file format issues, and workflow disruptions if an alternative is adopted.

Upon thorough evaluation, it has been determined that competitor products, including Microsoft Office, Google Workspace, and Apple iWork, do not meet the stringent requirements of the Government. Microsoft Office, while robust in many areas, lacks advanced collaboration features specific to document editing and does not fully comply with certain federal security standards, which are critical for maintaining the integrity and confidentiality of sensitive government data. Google Workspace, although offering some collaboration tools, is incompatible with existing government systems, leading to potential disruptions in workflow and operational inefficiencies. Furthermore, Google Workspace's cloud-based architecture raises concerns about data sovereignty and control. Apple iWork, on the other hand, falls short in providing consistent support and regular updates, posing a risk to operational continuity and leaving the government vulnerable to potential security threats and software obsolescence. In contrast, XXXXX

• Microsoft Office: Lacks advanced collaboration features specific to document editing and does not fully comply with certain federal security standards.

• Google Workspace: Incompatible with existing systems, leading to potential disruptions in workflow.

• Apple iWork: Insufficient support and irregular updates, posing a risk to operational continuity.

XXXXXX products are uniquely positioned to meet the Government's needs due to their comprehensive feature set, full compliance with security standards, seamless integration capabilities, and reliable support. Competitors' products, including Microsoft Office, Google Workspace, and Apple iWork, do not offer the same level of functionality and assurance, making XXXXX the only viable option.

XXXXX software is integrated into mission-critical systems at ICE and replacing it would be both disruptive and costly. ICE relies on XXXXXX software to support mission-critical functions and operations. XXXXXX software is also used in the development of citizen-facing and employee-facing forms, with PDFs required by DHS policy. Other PDF software cannot integrate into ICE applications, necessitating the use of XXXXX Designer for forms development. Only XXXXXX products can meet all of the government’s technical requirements. The non-XXXXX products reviewed do not meet, and cannot be modified to meet, all the government’s requirements.

ITEMS PARTICULAR TO ONE MANUFACTURER (BRAND-NAME)

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

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

As this requirement will be competed among authorized NASA SEWP V HUBZone socio-economic category. It is expected that adequate price competition will establish a fair and reasonable price. The contracting officer will also compare the proposed prices received in response to the solicitation to commercial pricelists to determine that the anticipated price(s) is fair and reasonable.

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 of the supplies or services is made.

As ICE continues to be proactive in integration and modernization of its information systems, and as improvements are made to technology, ICE will continuously update its market research to determine if other competitors will offer the features needed to fulfill the requirement.

8. OAQ intends to provide the justification and supporting documentation along with the solicitation to all (IDIQ) contract awardees under the NASA SEWP V GWAC, Group B(1) HUBZone socio-economic category in accordance with FAR 16.505(a)(4)(iii)(A).

ITEMS PARTICULAR TO ONE MANUFACTURER (BRAND-NAME)

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

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 Brand-Name Justification, are accurate and complete.

XXXXXXXX XXXXXX Date

Technical Representative/COR

10. Contracting Officer Certification.

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

XXXXXX XXXXXX Date Contracting Officers

11. Approval:

XXXXXXX XXXXXX Date Competition Advocate