Redacted Software Renewal JA Dated 652025.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-25-0110

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 ICE-Office of 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.

(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:

This procurement for XXXXXXXX software licenses and maintenance will be solicited via _____________________ to procure the brand name.

(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:

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

Brand Name: _____________________ Manufacturer: ______________________

ITEMS PARTICULAR TO ONE MANUFACTURER (BRAND-NAME)

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

3. Description of Supplies/Services.

(a) ICE ASB Database Administrators require software license renewal and maintenance to maintain the security and integrity of the ICE IT infrastructure. The software supports devices that run ICE enterprise application systems by providing data management services, improved security, and high system availability. These software licenses and maintenance are offered by authorized resellers.

(b) The period of performance will consist of one year beginning ___________________

(c) If this is a modification to a current award include the following language: N/A

(d)

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 March 11, 2025 to March 18, 2025 to evaluate the viability of the XXXXXXX for future use within ICE of ASB/SED team. It has been determined that there are no significant changes to the product's capabilities. A meeting was also held with the manufacturer, Xxxxxx, regarding competitive products comparable to XXXXXXXX products. X X X X X X Amazon products were determined to be incompatible with the ICE systems. The XXXXXXXXXXXX was researched and determined that the WorkFlow and Code from XXXXXXXXX is not compatible with XXX Glue. In addition, Market Research was conducted to explore the availability of competitor products that are equivalent to the XXXXXXXXX software licenses and maintenance products required. This was used to determine the availability of XXXXXXX vendors who can supply the required XXXXXXXXXX software licenses and maintenance products and equivalent competitor products.

Period Time Price Total Base XXXXXXX_

XXXXXXX XXXXXX

ITEMS PARTICULAR TO ONE MANUFACTURER (BRAND-NAME)

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

(b) The ASB/SED team performed an evaluation of cloud-based data management tools to determine if these services offer an alternative to the XXXXXXXX product.

XXXXXXXX is the leading manufacturer of Data Management products. The data management industry includes a plethora of subfields that support numerous data management practices, including data modeling, data integration, data engineering, data management, data quality and governance, data cataloging, data security, and data process automation, just to name a few. The XXXXXXXX Power Center and Power Exchange products integrate many of these capabilities into their feature set. ASB evaluated the data management services and products in the AWS Cloud offering. The AWS product offering included products like Amazon Glue, Amazon Elastic MapReduce, Amazon Sage Maker, AWS Lake Formation, Amazon Kinesis, Amazon OpenSearch Service, and many other products. The ASB/SED team has concluded that while the cloud offers many data management products and services, they are not integrated and do not include the appropriate security controls or the current level of automation to provide the integrated feature set available in the IXXXXXXXX products. The effort, time, funding, and support required to architect, engineer, and implement a cloud-based solution is not a reasonable option for replacing XXXXXXXX software licenses and maintenance products. It is anticipated that timeframe to implement any alternative could exceed a year and would cause a lapse in customer support for the required products and maintenance.

As a result, XXXXXXXX software license renewal (provided through XXXXXXXX) is required to maintain the security and integrity of the existing ICE IT infrastructure that supports the in-use data management requirements supported by XXXXXXXX.

ICE ASB/SED has evaluated the XXXXXXXX software for compatibility with the ICE IT infrastructure and Enterprise Architecture applications. These evaluations have resulted in the development and establishment of the ICE standard software solution for specific XXXXXXXX software licenses and maintenance.

Only XXXXXXXX software licenses and maintenance products have the source code and can provide security patching and break fix support for the listed products. Only XXXXXXXX support and security patching will meet the ICE requirements for existing applications running the XXXXXXXX software on the ICE GovCloud environment.

The XXXXXXXX software licenses and maintenance products are necessary to support the ICE enterprise devices that run enterprise application systems. The XXXXXXXX products are necessary to support the existing hardware devices (i.e.

hardware, routers, switches, servers). When maintained and patched under the requested license renewal, these products provide technology with improved security and high system availability.

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.

The contracting officer determines that the anticipated price(s) will be fair and reasonable based on adequate price competition. Multiple XXXXXXXX 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. 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 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. 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 XXXXXXXX under the Small Business Socio-Economic 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

10. Contracting Officer Certification.

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

XXXXXXXXXX Date Contracting Officer