Redacted BNJ.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-26-0229

This justification is in accordance with Federal Acquisition Regulation (FAR) 16.507-7 (Class Deviation 26-04, REV 11).

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 Office of the Chief Information Officer (OCIO)/Systems Engineering Division (SED)/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: National Aeronautics and Space Administration (NASA) Solutions for Enterprise-Wide Procurement (SEWP) V Government-Wide Acquisition Contract (GWAC)

(b) This procurement will be issued to all authorized resellers within the NASA SEWP V Women-Owned Small Business (WOSB) Socio Economic category to acquire the brand name products.

(c) Contract Type: Firm-Fixed Price (FFP)

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

(e) Dollar amount for this justification: $XXXXXXXXXX

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

(g) Type of Funding: Operations and Support

(h) Year of Funding: Fiscal Year 2026-2029

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)

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

(i) Solicitation Number: 70CTD026Q00000068

(j) Background information about the requirement:

ICE relies on an enterprise XXXXXXX software environment to support mission-critical applications that enable law enforcement, detention, investigative, financial, acquisition, and administrative operations across the agency. These systems support daily mission execution and require continued manufacturer maintenance to ensure operational availability, cybersecurity, system reliability, and uninterrupted mission support.

To maintain a secure and fully supported enterprise environment, ICE requires continued access to xxxxxxx manufacturer-provided software updates, security patches, product fixes, and technical support. Maintaining active software maintenance is essential to protect the Government’s existing xxxxxxx investment, reduce operational and cybersecurity risk, and ensure compatibility with the current production environment.

This requirement represents the renewal of existing XXXXXXX software license maintenance and support services and does not introduce a new capability. Rather, it provides the continued manufacturer-authorized support necessary to sustain ICE’s existing xxxxxxx enterprise infrastructure, maintain compliance with operational requirements, and ensure the continued availability of critical business systems supporting the agency’s mission.

3. Description of Supplies/Services.

(a) ICE requires a one-year renewal of xxxxxx Software License Maintenance and Support for existing xxxxxx enterprise software deployed throughout the agency's production environment. The requirement includes continued access to manufacturer-provided software maintenance, security patches, product updates, technical support, and software version updates necessary to maintain secure, stable, and fully supported mission-critical systems.

The renewal supports xxxxxx Database, xxxxxx Fusion Middleware, xxxxxx Forms, xxxxxx Business Intelligence Suite, and associated xxxxxx software products currently integrated within ICE's enterprise architecture. Continued maintenance ensures compatibility with existing applications while preserving vendor support and protecting the operational integrity of systems supporting ICE’s law enforcement, investigative, detention, and administrative missions.

ITEMS PARTICULAR TO ONE MANUFACTURER (BRAND-NAME)

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

(b) The anticipated period of performance is 12 months.

(c) Performance duration and cost:

Period Time Price Total

Base 12 mos. $xxxxxxxxx $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.

Rationale:

(a) Describe the Government’s requirement.

ICE requires a one-year renewal of xxxxxx Software License Maintenance and Support to sustain its existing xxxxxx enterprise environment. The renewal provides manufacturer-issued security patches, software updates, technical support, and lifecycle maintenance necessary to keep mission-critical production systems secure, stable, and fully supported. The requirement supports xxxxxx Database, xxxxxx Fusion Middleware, xxxxxx Forms, xxxxxx Business Intelligence Suite, and related xxxxxx technologies supporting mission operations.

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

xxxxxx maintenance is essential because ICE's enterprise applications were built on xxxxxx technologies. Only xxxxxx-authorized maintenance provides certified security patches, software updates, compatibility assurance, product fixes, and manufacturer technical support.

Replacing xxxxxx would require extensive redesign, migration, testing, accreditation, and transition activities, creating significant cost, schedule, and operational risk.

ITEMS PARTICULAR TO ONE MANUFACTURER (BRAND-NAME)

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

(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 performed during acquisition planning using NASA SEWP V. The team reviewed authorized xxxxxx resellers, manufacturer licensing requirements, the existing xxxxxx environment, the Statement of Work, historical acquisitions, commercial availability, and vendor quotations from authorized xxxxxx resellers. Research occurred throughout the acquisition planning period, approximately April through July 2026.

(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.

Market research found multiple authorized xxxxxx resellers capable of supplying the required maintenance; however, these firms provide the same xxxxxx manufacturer-supported solution.

No non- product was identified that could replace the existing xxxxxx environment without major redesign, migration, and operational disruption.

(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.

Market research determined that competing commercial products could not reasonably be modified to satisfy ICE’s minimum requirements without substantial redevelopment of the xxxxxx environment. Continued xxxxxx maintenance through authorized resellers represents the lowest-risk and most cost-effective approach.

One example is the Enforcement Integrated Database (EID) program. Numerous programs, including systems used by external agencies, connect to the EID xxxxxx database and pull data for operational use. Changing the EID xxxxxx database to another platform would impact not only EID, but also applications such as Alien Transfer Program (ATP), Electronic Travel Document (ETD), Health Electronic Record (HER), Criminal History Information System (CHIS), Electronic Bonds (eBonds), Bond Management Information System (BMIS), Student and Exchange Visitor Information System (SEVIS), Online Detainee Locator System (ODLS), Alien Criminal Response Information Management System (ACRIMe), ENFORCE Alien Removal Module (EARM), and EID Arrest Graphical User Interface for Law Enforcement (EAGLE), as well as external programs such as Seized Inventory and Government Management Application (SIGMA), Enterprise Management Information System (EMIS), Electronic System for Travel Authorization, Electronic Visa Update System, and Electronic Secured Adjudication Forms Environment (E3), Border Enforcement Management System (BEMS), and Automated Biometric Identification System (IDENT).

Market research identified that IBM, HPE, Dell, NetApp, and Microsoft provide functionality in areas such as performance management, enterprise resource planning, database cloud services, and analytics. However, these competing products and services do not meet, and

ITEMS PARTICULAR TO ONE MANUFACTURER (BRAND-NAME)

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

cannot reasonably be modified to meet, ICE’s minimum requirements because ICE requires continued maintenance and support of its existing xxxxxx licenses and xxxxxx-based environments.

The required support includes xxxxxx-issued security patches, critical updates, break/fix support, and technical support for xxxxxx software. These services are proprietary to xxxxxx and are controlled through xxxxxxx support channels. They are available only from xxxxxx or xxxxxx-authorized resellers. While competing vendors may offer similar database, cloud, analytics, or enterprise software products, they cannot issue xxxxxx software patches, provide xxxxxx-authorized fixes, or deliver official technical support for ICE’s existing xxxxxx licenses.

A non-xxxxxx product or service would not provide maintenance for ICE’s existing xxxxxx environment. Instead, it would require replacement, migration, redevelopment, testing, and reauthorization of affected systems. That approach would not satisfy ICE’s current requirement for continued xxxxxx maintenance and support during the required period of performance.

Therefore, competitors’ products or services cannot be modified to meet ICE’s requirement for continued support of the existing xxxxxx environment.

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

The anticipated price will be determined fair and reasonable through competition conducted under the NASA SEWP V GWAC.

Market research confirmed that multiple authorized xxxxxx resellers participate on NASA SEWP V and are capable of providing the required manufacturer-authorized maintenance and support. Pricing received through the acquisition process will be evaluated using competition among authorized resellers, independent Government estimates, historical pricing, and price analysis techniques consistent with FAR Part 15.

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 supplies or services is made.

ICE will continue to promote competition to the maximum extent practicable by soliciting all qualified sources authorized to provide xxxxxx software maintenance and support under the appropriate acquisition vehicle available at the time of any future requirement.

ITEMS PARTICULAR TO ONE MANUFACTURER (BRAND-NAME)

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

Market research will continue throughout future acquisition cycles to identify changes within the marketplace, evaluate newly authorized resellers or providers, assess evolving licensing models, and determine whether alternative competitive strategies or contract vehicles are available and appropriate.

Should future commercial solutions, authorized sources, or acquisition approaches satisfy the Government’s operational requirements without introducing unacceptable technical, cybersecurity, compatibility, licensing, or operational risk, those alternatives will be considered during subsequent procurements.

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 NASA SEWP V GWAC, WOSB socio-economic category, in accordance with RFO FAR 16.507-7(c)(1)(ii).

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.

xxxxxxxxxxxxxxx______________ Xxxxx xxxxxxxxx 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.

xxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxx Date

ITEMS PARTICULAR TO ONE MANUFACTURER (BRAND-NAME)

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

Contracting Officer

11. Approval:

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxx xxxxxxxx Date Procuring Activity Advocate for Competition