1.5.1--FAR 13.5_SSJ (signed-redacted).pdf

OFFICE OF ACQUISITION MANAGEMENT

ICE Acquisition Manual 3006.301-90

SOLE SOURCE JUSTIFICATION: SIMPLIFIED PROCEDURES FOR CERTAIN

COMMERCIAL ITEMS EXCEEDING SAT, INCLUDING BRAND NAME

J&A-22-00239

Pursuant to the requirements under the authority of simplified procedures for commercial items at 41 U.S.C. 1901 as implemented by Federal Acquisition Regulation (FAR) Subpart 13.501 and consistent with the content requirements of FAR 6.303-2.

1. Agency and Contracting Activity.

The Department of Homeland Security, U.S. Immigration and Customs Enforcement, Office of Acquisition Management, proposes to enter into a contract on behalf of Homeland Security Investigations (HSI) Technical Operations (TechOps) on a basis of other than full and open competition.

2. Nature and/or description of the action being approved.

(a) Type of action: Firm-fixed price contract

(b) Amount the current J&A is justifying: $122,100.00 (Total for 5 years $610,500.00)

(c) Brief Description: OAQ intends to procure, on a sole source basis, continued enterprise level software, and hardware support in addition to the manufacturer warranty for government-furnished broadband modem devices that will be used in criminal investigations for transmission of and access to criminal investigative electronic surveillance data at remote, mobile-connected locations. This action is for continued cellular modem support services for ongoing services to manage cellular modems. The support services are essential to the successful deployment and maintenance of equipment specifically used in the prosecution of criminal investigations. This support shall also include specific programming of modem devices as required. Purchasing this software and will ensure that systems will remain compatible and interoperable with current fielded equipment amongst other DHS agencies, ensuring a seamless interface and avoiding unnecessary training.

The vendor listed below is the current contractor and is the only company that can provide the required item.

Inseego North America, LLC 9605 Scranton Rd., Ste 300 San Diego, CA 92121-1789

3. Description of Supplies/Services. Describe the supplies or services to be acquired.

Provide the estimated total value (including options, if any).

HSI requires continued enterprise-level software and hardware support in addition to the manufacturer warranty for government-furnished broadband modem devices that will be used in criminal investigations for transmission of and access to criminal investigative electronic

SOLE SOURCE JUSTIFICATION: SIMPLIFIED PROCEDURES FOR CERTAIN

surveillance data at remote, mobile-connected locations. This support shall also include specific programming of modem devices as required.

HSI TechOps requires the following support periods for this device:

Period Time Price Total

Base 12 mos. $122,100.00 $122,100.00 Option Year 1 12 mos. $122,100.00 $122,100.00 Option Year 2 12 mos. $122,100.00 $122,100.00 Option Year 3 12 mos. $122,100.00 $122,100.00 Option Year 4 12 mos. $122,100.00 $122,100.00

$610,500.00

4. Identification of the authority.

This action is being taken under the authority of Simplified Procedures for Commercial Items, 41 U.S.C. 1901 as implemented by FAR 13.501.

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

HSI requires continued enterprise-level software and hardware support in addition to the manufacturer warranty for government-furnished broadband modem devices that will be used in criminal investigations for transmission of and access to criminal investigative electronic surveillance data at remote, mobile-connected locations. This support shall also include specific programming of modem devices as required.

The support service shall have the following salient characteristics:

1. Shall have a dedicated 1-800 Support Phone Number.

2. Shall allow field users to leave voicemails and initiate web conferencing, as necessary.

3. Shall have a direct support Email Address.

4. Shall include automatic device monitoring and performance management.

5. Shall include a license per device to account for management support activities.

6. Shall create and apply a custom provisioning template to each device.

7. Shall provide a 4-hour priority response for all times M-F, from 9:00AM to 8:00PM

Eastern Time.

8. Shall provide an 8-hour response for all times outside of the M-F, 9:00AM to 8:00PM

Eastern Time window.

9. Shall have a dedicated escalation POC.

10. Shall follow DHS Baseline Configuration guides for devices. If a baseline configuration guide is not available, then Defense Information Systems Agency (DISA) Security Technical Implementation Guide (STIG) requirements or industry best practices will be applied for all devices.

11. Shall provide government with a secure website to download the firmware hash/checksum to authenticate the downloaded software/firmware update.

SOLE SOURCE JUSTIFICATION: SIMPLIFIED PROCEDURES FOR CERTAIN

12. Vendor shall apply modem firmware upgrades as new releases are tested and evaluated within 30 days after approval from HSI.

13. Shall remotely, in a secure manner, reconfigure modems through the duration of the support contract, as requested by HSI. Configure “Remote Access” and “Local Access” to reflect Hypertext Transfer Protocol Secure (HTTPS) to enable only secure access to admin management portal.

14. Shall ensure that user id and password generation is compliant with DHS guidelines.

Recommend generation of Secure Shell (SSH) keys for access instead of a password.

15. Shall ensure only ports needed for operations are open on the devices.

16. Shall monitor data usage and generate daily alert notifications for data use trending towards exceeding the preset limit per account.

17. Shall generate and log alert notifications for data overages or any malicious activity for submission to HSI.

18. Shall employ an online help desk ticketing system to track outages or service requests.

19. Shall provide multi-carrier support and equipment troubleshooting for cellular carriers to include Verizon, AT&T, and T-Mobile.

20. Shall provide on demand, weekly, and monthly reports to HSI on the uptime status of modems, calls, and email volumes, as well as Electronic Serial Number (ESN) Database management and trends requiring HSI involvement.

21. Shall demonstrate at least 5 years of technical experience in support of law enforcement criminal investigations that utilize covert electronic surveillance equipment.

22. Shall employ user authentication for all users or Emails concerning activity related to devices monitored under this service. User authentication method will be provided to the vendor by the Government upon award.

23. If the caller is unable to provide a Government issued email address, then vendor support team must contact the Spectrum Support Desk as soon as possible. The support desk is open from Monday through Friday, 7:00AM – 3:30PM Eastern Time. Outside office hours, they may contact the Spectrum National Program Managers directly to address the issue(s).

Inseego is uniquely able to continue providing these services on an uninterrupted basis with no transition issues. Issuing a new solicitation and seeking a new awardee would result in unacceptable delays and additional cost, effort, and time, with little benefit to the Government.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

OAQ has made this justification publicly available on July 25, 2022, on sam.gov, pursuant to

FAR 6.305.

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

SOLE SOURCE JUSTIFICATION: SIMPLIFIED PROCEDURES FOR CERTAIN

The contracting officer determined that the anticipated price(s) will be fair and reasonable based on the previous contract 70CMSD20P00000144 issued to Inseego.

8. Description of market research.

Market research for the Cellular Modem Support Extension procurement and determined that only Inseego North America, LLC can meet the needs of the government, as they are the current vendor providing support for modem maintenance on HSI’s covert network. HSI is only limiting competition due to the possibility of losing connectivity to covert video networks if another vendor is utilized for the migration of data and reconfiguration services, which will impact investigations underway and agent safety.

9. Any other facts supporting the justification.

Not applicable.

10. A listing of the sources, if any that expressed, in writing, an interest in the acquisition.

Only Inseego North America, LLC can meet the needs of the government, as they are the current vendor providing support for modem maintenance on HSI’s covert network.

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for supplies or services required.

Not applicable.

12. DHS intends to post the requirement pursuant to FAR 13.501(a)(1)(iii) and 6.305(a) or for brand name FAR 13.501(a)(1)(iv) and 5.102(a)(6).

SOLE SOURCE JUSTIFICATION: SIMPLIFIED PROCEDURES FOR CERTAIN

COMMERCIAL ITEMS EXCEEDING SAT, INCLUDING BRAND NAME

13. Technical/Requirements Personnel Certification.

I certify this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

Technical Representative/COR

14. Contracting Officer’s Certification and Approval.

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Contracting Officer Date

25 JUL 2022