Justification for Exception to Fair Opportunity - RIMU A-File Mod Redacted.pdf

OFFICE OF ACQUISITION MANAGEMENT

ICE Acquisition Manual 3016.506-90

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

EXCEEDING SAT: FAR 16.507-6

1 FAR Class Deviation 26-04 Rev. 1 is implemented as a result of Revolutionary FAR Overhaul, referred as RFO, following Executive Order 14275, Restoring Common Sense to Federal Procurement. All citations in this document follow applicable DHS RFO Deviations therefore are referred as RFO.

4. Statutory Exception and rationale for its use:

RFO FAR 16.507-6(b)(1): The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

RFO FAR 16.507-6(b)(2): Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

RFO FAR 16.507-6(b)(3): The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

RFO FAR 16.507-6(b)(4): It is necessary to place an order to satisfy a minimum guarantee.

RFO FAR 16.507-6(b)(5): For orders exceeding the SAT, a statute expressly authorizes or requires that the purchase be made from a specified source.

Rationale:

ICE/OAQ intends to modify RIMU Task Order 70CTD024FR0000094 to add A-File integration support. ICE requires the RIMU records-management environment to be modified to integrate the Office of the Principal Legal Advisor’s (OPLA) PLAnet litigation case management system with the United States Citizenship and Immigration Service’s (USCIS) STACKS digital A-File repository through ICE's data mesh/Application Programming Interface (API) gateway architecture while preserving the accuracy, completeness, security, chain of custody, retrievability, and lawful disposition of Permanent Record A-File information. This effort constitutes a logical follow-on to the original competitive award, as the integration relies entirely on the technical architecture, security baselines, and records-management frameworks already established and maintained by the incumbent under the existing task order. The requirement is not a stand-alone software development effort; it is an extension of the active RIMU environment requiring deep, low-level access to the integrated ICE/OPLA/USCIS data ecosystem. Pursuant to RFO 16.507-6(b)(3), this modification is in the interest of economy and efficiency because it prevents duplicative dual-vendor system discovery and development efforts that would create an unacceptable schedule risk, and because it prevents the unmanageable division of accountability between multiple vendors that could compromise system and records integrity.

RIMU is responsible for A-File control and accountability and for ensuring that ICE records remain available, complete, secure, and properly managed through final disposition. Under the existing task order, Procentrix performs RIMU development and records-management support and operates through ICE's Agile, System Lifecycle Management, security authorization, testing, change-management, and program-oversight processes. As the incumbent, Procentrix has direct, current knowledge of the RIMU solution architecture, configurations, repositories, data structures, backlog, user workflows, security and access controls, documentation, deployment procedures, and stakeholder dependencies that the A-File integration must modify and extend. That integrated body of system-specific knowledge and current responsibility for the affected environment is unique to the

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

EXCEEDING SAT: FAR 16.507-6

1 FAR Class Deviation 26-04 Rev. 1 is implemented as a result of Revolutionary FAR Overhaul, referred as RFO, following Executive Order 14275, Restoring Common Sense to Federal Procurement. All citations in this document follow applicable DHS vendor currently managing the system and is necessary to perform the work without creating conflicting configurations, duplicated logic, broken records controls, or divided accountability for production performance and records integrity.

The effort combines secure interagency API integration; PLAnet and STACKS schema discovery and mapping; extraction, transformation, loading, orchestration, monitoring, reconciliation, testing, and recovery; ICE data mesh and lakehouse design; Databricks-Purview synchronization; Collibra cataloging; National Archives and Records Administration (NARA) NARA-compliant metadata and policy-as-code retention tagging; ICE Identity and Access Management and role-based access controls; integrity verification; secure search and retrieval; and federal records-management controls.

These functions are technically and operationally interdependent. The required quality level is not merely functional connectivity; it requires verified completeness and authenticity of the digital A- File, consistent application of access and retention rules, auditable chain of custody, reliable recovery, and compatibility with the existing RIMU production and governance environment.

Procentrix is currently responsible for the RIMU environment that the A-File integration must modify and extend. Procentrix has current operational responsibility for the accepted baseline, including the relevant configurations, repositories, deployment procedures, backlog, records-control logic, user workflows, and security/change-management artifacts. Based on the market research and transition analysis documented in the contract file, other SWIFT awardees may possess general cloud, data, software development, or records-management capabilities, but they do not currently possess the specific operational control, validated baseline knowledge, and production accountability necessary to implement this modification at the required quality level within the required period and risk tolerance.

ICE considered whether another SWIFT Collaborative Services awardee could perform the work through transition, Government-furnished documentation, access to repositories, use of commercial tools, or a phased approach. The Government determined that these alternatives are (1) not economical as they would require investments into alterative solutions while still pursuing the A-file enhancement, (2) inefficient as alternative metrics, system rules, processes, and work rules including training and managing two separate systems would be required resulting in duplication of effort while increasing potential conflicts and inoperability, and (3) would not satisfy the minimum need within the required period because a new awardee would first need to obtain access, reconstruct the accepted RIMU production baseline, validate current interfaces and data mappings, assess existing retention and access-control logic, complete security and change-management onboarding, and coordinate production modifications with the incumbent contractor responsible for the active environment.

Further, these prerequisite activities would create divided accountability and material risk to records integrity, including incomplete or duplicate A-File content, inconsistent metadata or retention triggers, unauthorized access, broken chain of custody, and regression defects in the active RIMU environment.

ICE reviewed the SWIFT Collaborative Services awardee pool, prior technical submissions, available contract records, and known performance under ICE OCIO systems. The review focused on whether any awardee other than Procentrix currently has access to, operational responsibility for, and validated working knowledge of the RIMU production baseline. The review found that while multiple awardees have general software, cloud, and data capabilities, none is currently responsible for the RIMU production environment or able to modify it within the required period without first performing transition, discovery, validation, and security/change-management activities that would materially delay delivery and increase records-integrity risk.

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

EXCEEDING SAT: FAR 16.507-6

1 FAR Class Deviation 26-04 Rev. 1 is implemented as a result of Revolutionary FAR Overhaul, referred as RFO, following Executive Order 14275, Restoring Common Sense to Federal Procurement. All citations in this document follow applicable DHS

A different awardee would have to independently reconstruct and validate the incumbent-specific architecture, interfaces, data mappings, workflow logic, security baselines, retention controls, and operational dependencies before safely modifying the environment. Based on the market research and transition analysis summarized above, the Government determined that no other SWIFT awardee can meet the minimum requirement within the required performance period and risk tolerance because this division of responsibility would introduce material risk of inaccurate schema mapping, incomplete or duplicate A-File content, inconsistent metadata or retention triggers, unauthorized access, broken chain of custody, regression defects, and conflicting accountability between the existing RIMU contractor and a separate A-File integrator. The Government has therefore determined that no other SWIFT awardee is presently capable of delivering this modification at the required level without significant delays or requiring the entirety of the need to be recompeted, which would significantly impair the government’s ability to implement this software economically, efficiently, and timely.

The action is limited to , does not add option periods, and does not extend the existing RIMU Task Order beyond its current period of performance. It does not establish Procentrix as the only source for future A-File operations, maintenance, enterprise expansion, or follow-on support. During the modification, ICE will require Government ownership and transfer of source code, interface specifications, data schemas, configuration baselines, security and System Lifecycle Management artifacts, test results, runbooks, training materials, and transition documentation. These deliverables will reduce incumbent-specific dependencies and support a future fair-opportunity acquisition. For this defined modification, however, the unique and highly specialized nature of the work, its direct dependency on the active RIMU environment, and the level of quality required establish that only Procentrix is capable of satisfying the Government's need. In the interest of economy and efficiency; and because fair opportunity was provided for this initial award, the use of RFO FAR 16.507-6(b)(3) is justified.

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

The Contracting Officer will determine the negotiated price to be fair and reasonable before execution of the modification. The analysis will compare the contractor's proposed labor categories and rates to the competitively established SWIFT IDIQ and RIMU Task Order rates, including applicable option-period rates, and will assess the proposed labor mix and hours against the Independent Government Cost Estimate and historical RIMU expenditures.

The Government will also evaluate any proposed new labor categories, other direct costs, and assumptions using the price-analysis techniques at RFO FAR 15.404-1(b), as applicable. The modification will be awarded only after the Contracting Officer documents that the final negotiated amount is fair and reasonable.

6. Any other facts supporting the justification.

Executive Order 14243 directs agencies, to the maximum extent consistent with law, to reduce information silos and facilitate authorized inter- and intra-agency sharing of unclassified records. The planned data mesh/API gateway approach supports that objective by replacing duplicative point-to-point transfers with governed, reusable data products while preserving authoritative data ownership.

The integration will implement role-based access, auditability, integrity validation, and standardized metadata to protect the chain of custody and completeness of the Permanent Record A-File. These

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

EXCEEDING SAT: FAR 16.507-6

1 FAR Class Deviation 26-04 Rev. 1 is implemented as a result of Revolutionary FAR Overhaul, referred as RFO, following Executive Order 14275, Restoring Common Sense to Federal Procurement. All citations in this document follow applicable DHS controls are consistent with Executive Order 14028 and Federal zero-trust principles and support the reliability, authenticity, integrity, usability, retrievability, and metadata requirements applicable to electronic records under 36 CFR Part 1236. CDO/RIMU also anticipates DHS Directive 141-05, Electronic Records Management, which further supports timely implementation of these capabilities.

7. Actions to remove or overcome barriers to future competition.

ICE will use the 12-month modification to reduce the incumbent-specific technical and operational dependencies that support this exception. The Government will require current and complete source code, interface specifications, data schemas, configuration baselines, security and System Lifecycle Management documentation, test results, runbooks, training materials, and transition documentation.

ICE will also require modular and documented interfaces where practicable, knowledge transfer, and a complete inventory of data products, access controls, retention rules, interfaces, and operational dependencies.

Before any subsequent acquisition, ICE will conduct market research and acquisition planning to determine whether other SWIFT Collaborative Services awardees can meet the required quality level using the completed Government-controlled artifacts. ICE will provide fair opportunity for recurring A-File operations and maintenance, enterprise expansion, or other follow-on support unless the circumstances existing at that time support a separate exception to fair opportunity.

8. Posting.

RFO 16.507-6(f)(1) - ICE intends to post this requirement on sam.gov within 14 days after placing an order or establishing a BPA above the SAT on a sole source basis for a minimum of 30 days.

RFO 16.507-6(f)(2) - ICE intends to post this justification on sam.gov within 30 days after award of the order because the agency’s need for these supplies/services is so urgent that providing a fair opportunity would result in unacceptable delays for a minimum of 30 days.

RFO 16.507-6(f)(4) - ICE will not be posting this justification because disclosure of these supplies/services would compromise the national security (e.g. would result in disclosure of classified information) or create other security risks.

9. Technical/Requirements Personnel Certification.

Pursuant to RFO FAR 16.507-6(d)(2)(ix), I certify that this requirement meets the Government’s minimum need and that the supporting data, which form a basis for the justification, are accurate and complete.

Technical Representative/COR Date

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

EXCEEDING SAT: FAR 16.507-6

1 FAR Class Deviation 26-04 Rev. 1 is implemented as a result of Revolutionary FAR Overhaul, referred as RFO, following Executive Order 14275, Restoring Common Sense to Federal Procurement. All citations in this document follow applicable DHS

10. Contracting Officer Certification

Pursuant to RFO FAR 16.507-6(d)(2)(viii), I certify that this justification is accurate and complete to the best of my knowledge and belief and hereby determine that the circumstances for an exception to fair opportunity exist:

Contracting Officer Date

11. Approval.

Procuring Activity Advocate for Competition Date