Redacted BNJ Dated 5012025.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-25-0107

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 Indefinite Delivery Indefinite Quantity (IDIQ) delivery order on behalf of the ICE/Office of Chief Information Officer (OCIO) 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: New Delivery Order against a NASA SEWP V IDIQ

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

ICE OCIO intends to solicit NASA SEWP V contract holders under the ____ economic categories to procure the brand name _______ maintenance and support licenses.

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

Firm-Fixed Price, New Action

(d) Dollar amount for this justification: _____________

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

Manufacturer: ______________

3. Description of Supplies/Services.

(a) The Immigration and Customs Enforcement (ICE) Office of the Chief Information Officer (OCIO) requires ________ are necessary to ensure ICE end users have continuous availability to legacy applications. ICE must procure ongoing

ITEMS PARTICULAR TO ONE MANUFACTURER (BRAND-NAME)

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

software maintenance and product support to ensure the ICE ________ application hosting platform and its associated capabilities continue to receive timely vulnerability patches, software bug fixes, and updates. Providing this maintenance continues product support and ensure this platform remains secure and available to ICE employees in support of ERO mission requirements. This software maintenance and support renewal will provide OCIO Operations continued support for ICE WebSphere application platform.

(b) The period of performance of the resulting contract will be one (1) year - May 1, 2025 through April 30, 2026.

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

Period Time Price Total Base ______ ______ _________

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 performed from January 31,2025 – February 15, 2025. This research reflects the proprietary nature of the products which are available only from ___. However, competition for the products can be supported through the resell/partnership model that ___ has implemented for their products and goods.

Vendors on the NASA SEWP V contract have partnerships in place with ____ which will allow for competition.

(b) Competing products used at ICE include:

Although being used at ICE the products above are not fully compatible and unlike ____ products do not meet all the needs/requirements of the legacy systems. To use any competitor products in lieu of procuring the listed ___ products, ICE would need to undergo a contract action to have a development team re-write the application code. The

ITEMS PARTICULAR TO ONE MANUFACTURER (BRAND-NAME)

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

new system would require testing and migration to production to remove the specific calls and syntax required by ____ products; therefore, the IBM products continue to be needed.

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 V contract holders provide this brand name software. The Government has a reasonable expectation that at least 3 quotes will be received.

6. Any other facts supporting the justification.

N/A

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 the supplies or services is made.

It is not likely that ICE’S infrastructure will change before this contract ends. However, to increase competition, OAQ will seek and solicit as many authorized resellers 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 V IDIQ ________ category in 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 complete.

Technical Representative/COR Date

ITEMS PARTICULAR TO ONE MANUFACTURER (BRAND-NAME)

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

10. Contracting Officer Certification.

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

________________ Date Contract Officer