Redacted BNJ 26-0410.pdf

OFFICE OF ACQUISITION MANAGEMENT

ICE Acquisition Manual 3016.507-90

ITEMS PARTICULAR TO ONE MANUFACTURER (BRAND-NAME)

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

RFO FAR 16.507-7

J&A-26-0410

This justification is in accordance with Federal Acquisition Regulation (FAR) 16.507-7 (Class Deviation 26-04, REV 10F

1).

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) proposes to award an IDIQ delivery order on behalf of the Office of Chief Information Officer (OCIO), Operations (OPS) Division/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. Include the Reference PIID.

NASA SEWP

(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: NASA SEWP Group B,C,D

(c) Contract Type: Firm-Fixed-Price; new action.

(d) Identify whether new action or modification to an existing action: New

(e) Dollar amount for this justification: $xxxxxxxxxxx

(f) Title of the required brand-name manufacturer and product: xxxxxxx xxxxx xxxxxx xxxxxx xxxxx

(g) Type of Funding :O&S Funding

(h) Year of Funding: FY2026-FY2029

(i) Solicitation Number:

1 FAR Class Deviation 26-04 REV 1 is implemented as a result of Revolutionary FAR Overhaul, referred to 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 to as RFO.

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-8#FAR_Subpart_8_4 https://www.dhs.gov/publication/cpo-rfo-deviation-far-part-8 https://www.dhs.gov/publication/cpo-rfo-deviation-far-part-8

ITEMS PARTICULAR TO ONE MANUFACTURER (BRAND-NAME)

(j) Background information about the requirement:

Due to the significant increase in the agency’s personnel and sites – OCIO is looking to purchase xxxxxx optimization services to address the unique challenges of our network, ensuring it is secure, reliable, and optimized for current and future demands.

Their expertise will enable us to implement best practices, reduce risks, improve operational efficiency, and scale effectively to meet the growing needs of our organization.

3. Description of Supplies/Services.

(a) ICE has a requirement for the purchase of xxxxxx Optimization services to address the unique challenges of our network, ensuring it is secure, reliable, and optimized for current and future demands. Their expertise will enable us to implement best practices, reduce risks, improve operational efficiency, and scale effectively to meet the growing needs of our organization.

(b) The period of performance will consist of one year from award date.

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

Period Time Price Total Base 12 mos. $xxxxxxxxxxx $xxxxxxxxxxx

Total Original Value $xxxxxxxxxx

4. Statutory Exception and Rationale.

Exception:

The specific exception for providing for brand-name awards under multiple award contracts is RFO FAR Subpart 16.507-7(a). 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. Brand-name specifications must not be used unless the particular brand-name, product, or feature is essential to the Government’s requirements and market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency’s needs.

ITEMS PARTICULAR TO ONE MANUFACTURER (BRAND-NAME)

Rationale:

(a) Describe the Government’s requirement.

OCIO requires the purchase of xxxxxx Optimization services to address the unique challenges of our network, ensuring it is secure, reliable, and optimized for current and future demands. Their expertise will enable us to implement best practices, reduce risks, improve operational efficiency, and scale effectively to meet the growing needs of our organization.

(b) List the particular brand-name product, or feature and how it is essential to the Government’s requirements.

xxxxxx Optimization services are needed to help fully utilize the xxxxxxx infrastructure. Xxxxxx Optimization services will help ICE free up resources to focus on core businesses by providing expert assistance with developing implementation plans, installing, configuring, and scale ICE’s xxxxxx implementation to the agency’s rapid growth. Since the agency’s xxxxxx infrastructure compose of proprietary network appliances – ICE will need to utilize xxxxxx Optimization services, as they currently help maintain the product through xxxxxxx Smartnet and licensing.

(c) Describe the recent market research that was conducted to support the brand-name requirement. Include the dates the market research was conducted.

Market Research was conducted during the period of 7/2/26 – 7/9/26. (1) Quote was received from small a business. The quotes were reviewed and it was determined that specifically, no other companies were able to provide the level of support that xxxxxx Optimization services are able to provide.

(d) Identify whether market research indicates that other companies’ similar products meet the agency’s needs, or whether they lack the particular feature(s) identified above.

There are no competing services for this requirement, as these are cccccc Optimixation services for currently owned and installed cccccc appliances in ICE.

(e) Identify whether market research indicates that other companies’ similar products, or products lacking the particular feature cannot be modified to meet the agency’s needs

There are no competing services for this requirement, as these are xxxxxx Optimization services for currently owned and installed xxxxxx appliances in ICE.

ITEMS PARTICULAR TO ONE MANUFACTURER (BRAND-NAME)

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

Government will be 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 for supplies or services is made.

8. OAQ intends to:

☐ Post the justification and supporting documentation on the agency website used to solicit offers for orders under the contract in accordance with RFO FAR 16.507-7 (c )(1)(i);

☒ Provide the justification and supporting documentation along with the solicitation to all (IDIQ) contract awardees under the [name the IDIQ functional category or tract being used] in accordance with RFO FAR 16.507-7(c)(1)(ii).

ITEMS PARTICULAR TO ONE MANUFACTURER (BRAND-NAME)

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 complete.

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx 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.

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Contracting Officer Date