1.5.1_FAR 16.5_JEFO_Below_SAT (002).pdf

OFFICE OF ACQUISITION MANAGEMENT

ICE Acquisition Manual 3006.301-90

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

EXCEEDING MICRO-PURCHASE THRESHOLD AND UP TO SAT

J&A-24-0350

1. Agency and Contracting Activity.

Identification of the agency and the contracting activity, and specific identification of the document as a “Justification of an Exception to Fair Opportunity.”

The Department of Homeland Security, U.S. Immigration and Customs Enforcement (ICE), Office of Acquisition Management (OAQ), on behalf of the (ICE ERO) Enforcement Division, Fugitive Operations Division, National Fugitive Operations, proposes to award an order or BPA pursuant to FAR 16.505(b)(2)(i)(B).

2. Nature and/or description of the item/service being procured and anticipated cost:

(a) Type of action: [Firm fixed price delivery order for a commercial product competed under the First Source II contract – IT Hardware and Software, SB Socioeconomic Category.]

(b) Amount the current J&A is justifying: [$160,000 of funding is available]

(c) Brief Description: [OAQ intends to procure, on a sole source basis, procurement of NEC NeoScan 45 FAP Multiple Fingerprint Reader biometric capture devices. The manufacturer listed below is the only company that provides this biometric device. Other products were considered but found unsuitable for compatibility with the ICE IT infrastructure. The IT systems in their current state can utilize this device without any system modifications.]

Government Acquisition Inc.

2060 Reading Road

FL 3

Cincinnati, Ohio 45202-1400

3. Statutory exception and rationale for its use:

Exception:

☐ FAR 16.505(b)(2)(i)(A). The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

☒ FAR 16.505(b)(2)(i)(B). Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

☐ FAR 16.505(b)(2)(i)(C). The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

opportunity to be considered for the original order. [For logical follow-on, the rationale shall describe why the relationship between the initial order and the follow-on is logical (e.g., in terms of scope, period of performance, or value)]:

☐ FAR 16.505(b)(2)(i)(D). It is necessary to place an order to satisfy a minimum guarantee.

Rationale:

In 2013 a joint venture took place within Immigration and Customs Enforcement to develop a mobile biometric platform. Involving Homeland Security Investigations (HSI) and Enforcement and Removal Operations (ERO). The project was to build an enterprise-wide platform which was called EAGLE Direct Identification Environment (EDDIE), this was a full scope agency effort. The project information is outlined below, and the EDDIE App has been in use for about eight years.

EDDIE is a mobile application that allows agents and officers in the field can quickly identify persons encountered during immigration and criminal law enforcement investigations and operations. EDDIE was implemented in 2014 on a mobile platform (Untethered iOS and blue tooth-connected biometric collection device).

• Collects 2 or 10 fingerprints and snapshot photo.

• Transactions: search only identification to NGI (10-print) and/r IDENT (2- or 10-print) This is the Technology (Device) that has been in use nationally by HSI and ERO – NEC NeoScan 45 FAP Multiple Fingerprint Reader. There have been multiple procurements for this device from this vendor since this project’s inception. FPDS-NG ezSearch

Procuring any other device will require the entire enterprise infrastructure to be changed. The document where the language below was pulled from will be included with this document.

Its titled EDDIE HIS PA Ver-2e_Update May 14, 2019.

EAGLE Directed Identification Environment (EDDIE)

Summary: HSI in coordination with OCIO & ERO are working to develop the EAGLE Directed Identification Environment (EDDIE) application (APP) to support ICE Law Enforcement (LE) personnel with fingerprint biometric identifications of individuals encountered during field interviews involving investigative activities including LE and Fugitive operations / activities. LE field level activities have repeatedly shown that in a high percentage of instances, individuals stopped and questioned are carrying no identification, carrying false identification, or provide false names and dates of birth which results in negative LE checks. The utilization of fingerprint biometrics checks to assist in identifying individuals significantly eliminates risk when previous on-line records are available. The technical design of the EAGLE EDDIE systems APP enhancement is to establish functionality supporting the biometrics capture of fingerprints during field interviews situations which will be cross checked against available records without dependency on any https://www.fpds.gov/ezsearch/search.do?indexName=awardfull&templateName=1.5.3&s=FPDS.GOV&q=NEOSCAN

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

specific type of smartphone device, along with eliminating the need to physically connect a scanning device to a smartphone.

Basic Business Requirement: Functionality is required to ensure that individuals stopped and questioned by ICE LE officers can be properly identified and quickly checked for a previous record through fingerprint biometrics to assist in supporting proper identification. At the onset, the process will allow LE officers to identify the following types of subjects: Wanted Subjects; Known Suspected Terrorists (KSTs); Individuals Arrested for Violations of Criminal Law by ICE (processed through EAGLE); Previously Removed Aliens; and Aliens who have Lawfully Entered the United States.

Details: The EAGLE EDDIE APP will provide an efficient cost-effective enhanced technical solution (tool) designed to allow ICE LE officers the ability to submit two-fingerprint biometrics capture of an unknown individual during field interviews though their government issued smartphone using the Cogent Blue Check device which connects via Bluetooth technology (functionality not currently available). This provides a reasonable cost-effective return on investment (ROI) based on economic, capability, and operational efficiency factors.

The biometric fingerprints will be searched against Office of Biometrics Information Management (OBIM) / IDENT data base currently containing approximately 150 million unique subject records (additional links to other fingerprint biometrics systems will be added as connectivity is established by OCIO through other programs / processes). Currently ICE LE officers are required to: (1) Transport individuals to an ICE HSI / ERO facility to conduct fingerprint biometrics search for identification of individuals through established ICE booking workstations which is manpower intensive and greatly increases cost and time between encounter and identification, or (2) Use government issued laptops with fingerprint scanners connected (portable units) which requires a $6,000 per unit investment.

Additionally portable units are bulky and require additional power connectivity for long-term use. Further, setups are in mobile environment requiring each LE officer to login to their IRMNet profile through established VPN connectivity. This inhibits flexibility in LE operations due to: Current capability and limited numbers of portable units; Issues involving accountability, configuration and IT policies restricting use by multiple LE officers using a single unit which requires OCIO on-site support; and Limitations in portability including component and power which have proven not to be practical for routine daily field interview use.

The APP also takes advantage of the fact that ICE LE officers have a government issued smartphone (iPhone) with imbedded Bluetooth technology. Additionally, HSI, OCIO and ERO have identified the Cogent Blue Check device as being forward capable with smartphone technology which includes iPhone models changes. This allows for ICE to deploy future smartphone technology devices including upgrades of iPhone / iOS device formats. The flexibility of the application will significantly enhance LE officers in conducting filed interviews and identifying individuals with previous records which also allows for greater safety to the LE officers and the American public by being able to quickly identify potentially dangerous individuals.

Initial research testing with the Cogent Blue Check 2 model BC2A devices connected to an issued iPhones via Bluetooth resulted in response times of less than 140 seconds per

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

fingerprint biometric scan query search based on a minimum of connectivity level of 2 cellular network service bars out of 5. Extensive research on alternatives to the EDDIE application and Cogent Blue Check 2 model BC2A device have been conducted resulting in identification as the best possible solution option for ICE, which included research and reviews of products and applications currently deployed to other US Federal, State and Local Law Enforcement Agencies (LEAs).

ICE business and technical SMEs reviewed numerous fingerprint biometrics device products based on the following criteria: Estimated application development cost; Devices / models that work with smartphone technologies; Devices / models that work with the iPhone iOS format and supports changes to the iOS / iPhone beginning with the iPhone model 4S and upgrades.

Estimated device cost per unit for the fingerprint biometrics scanning device; Estimated device cost; History of the fingerprint biometrics scanning products within the LEA community; Device battery life; The ability for the device to be used by multiple LE officers;

Size of unit; and of significant importance devices which are approval by the FBI for fingerprint biometrics scanning under the Appendix F approved list of devices. The following is a review of the devices and our analysis:

Aoptix (Does not meet business and technical requirements) Models that work with the iPhone: Yes Supports Changes to the iPhone with 4S model and above: Yes Cost per unit: Is $3,400 per unit plus $199.00 for the app.

Total cost of 1 unit per group: $3.4 million for unit plus $1.4 million for 7,000 apps and < $50,00 for integration of app to network About $4.8 Million this would also require ERO to buy the app History of the product with the LE community: No known usage by LEAs Battery life: powered by the iPhone battery Ability to be loaned to users quickly: Requires a device specific hardware sled shell that wraps around the iPhone Connection to Smartphone: Device specific – Involves a hardware sled shell that wraps around the iPhone Size of unit: makes the iPhone twice the size and weight Approval by the FBI for the Unit under Appendix F: Not found on the approved list Web link: http://www.aoptix.com/

Cogent Blue Check II (Recommended, meeting business and technical requirements) Models that work with the iPhone: Yes Supports Changes to the iPhone with 4S model and above: Yes Cost per unit: Is $500-600 per unit Total cost of 1 unit per group: $600,000 plus cost of EDDIE History of the product with the LE community: Used in a large scale with the following agencies: LAPD, LACS, FCS, OCS (CA) in the state of Maryland on task forces and more Battery life: About 8 Hours Ability to be loaned to users quickly: Connects via Blue Tooth and can be loaned to other users http://www.aoptix.com/

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

Connection to Smartphone: Connects via Blue Tooth therefore is not hardware sled device specific Size of unit: Weight 4.59 oz. 4.5 x 1.9 x 0.8 in. smaller than the iPhone Approval by the FBI for the Unit under Appendix F: Yes Web link: http://www.cogentsystems.com/MobilesProdLine.asp

Crossmatch Rapid ID (Does not meet business and technical requirements) Models that work with the iPhone Crossmatch does not make a model that works with the iPhone Supports Changes to the iPhone with 4S model and above: N/A Cost per unit: Is $1,200-1,300 per unit Total cost of 1 unit per group: 1.3 million plus cost of EDDIE History of the product with the LE community: Limited use mostly in the State of Florida Battery life: About 8 Hours Ability to be loaned to users quickly: Connects via Blue Tooth and can be loaned to other users Connection to Smartphone: Connects via Blue Tooth therefore is not hardware sled device specific Size of unit: Weight 1.4 lbs. size 2-inch X 8-inch X 2 inches about the size of a Maglite Flashlight.

Approval by the FBI for the Unit under Appendix F: Yes Web link: http://www.crossmatch.com/mobile-rapid-id.php

FbF mobileOne (Does not meet business and technical requirements) Models that work with the iPhone: Yes Supports Changes to the iPhone with 4S model and above: No Cost per unit: Is $500-600 per unit.

Total cost of 1 unit per group: $600,000 plus cost of EDDIE History of the product with the LE community: No known usage by LEAs Battery life: powered by the iPhone battery Ability to be loaned to users quickly: Is a shell that wraps around the iPhone Connection to Smartphone: Device specific – Involves a hardware sled shell that wraps around the iPhone Size of unit: makes the iPhone twice the size and weight Approval by the FBI for the Unit under Appendix F: Not found on the approved list Web link: http://www.fulcrumbiometrics.com/FbF-mobileOne-p/200100.htm

Grabba S-9030b-WSQ (Does not meet business and technical requirements) Models that work with the iPhone: Yes Supports Changes to the iPhone with 4S model and above: No Cost per unit: Is $800-1000 per unit plus Total cost of 1 unit per group: $800,000 plus cost of EDDIE History of the product with the LE community: No known usage by LEAs in iPhone model. Use with CBP on Blackberry model.

Battery life: powered by the iPhone battery Ability to be loaned to users quickly: Is a shell that wraps around the iPhone http://www.cogentsystems.com/MobilesProdLine.asp http://www.crossmatch.com/mobile-rapid-id.php http://www.fulcrumbiometrics.com/FbF-mobileOne-p/200100.htm

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

Connection to Smartphone: Device specific – Involves a hardware sled shell that wraps around the iPhone Size of unit: makes the iPhone twice the size and weight Approval by the FBI for the Unit under Appendix F: Not found on the approved list Web link: http://grabba.com/products/build-a-grabba/grabba-built

In support of this project, HSI, ERO and OCIO coordinated and also worked with Customs and Border Protection (CBP) which has also been pursuing efforts for well over a year to establish a mobile fingerprint biometrics scanner platform. However, information from CBP indicates that their focus (direction) is on implementing a slaved sled type devises which require a hard connection to Blackberry devices. Additionally, new sled devices must be acquired when Blackberry models upgrade (such as from the Blackberry Bold to the Blackberry 10), or for use with other types of smartphone technology devices. Regarding Apple, this would require new sled devices to be acquired for upgrades from the iPhone 4S to the iPhone 5 series due to the change in the connection port along with device configuration and size. HSI, ERO and OCIO technical management SMEs agree that the direction CBP is moving does not meet the business and technical requirements for ICE and is cost prohibitive due to recurring requirements to acquire new hardware sleds. Slaved sled type devices are required to physically connect to the smartphone device through a Snap-On type of connection with the sled and directly hard connected to smartphone through the data / charging connection port. Law enforcement activities of ICE’s LE officers require them to work in direct contact with individuals daily. Duties include conducting field interviews for investigative and law enforcement purposes, search and seizure warrants, fugitive operations, etc., which all include a significant requirement to quickly and efficiently identify individuals which have previous criminal and immigration records allowing for greater safety to the LE officers and the American public by quickly identify potentially dangerous individuals.

Development and O&M for EAGLE EDDIE may also involve changes to the EID platform which required Service Change Requests (SCRs) now to be funded on a per project basis to support systems / application deliverer. For EAGLE, the biometric cache changes, and/or increased digital photographic image requirements may require additional funding for associated EID SCRs, if funding is not available for HSI EID SCRs. Cost would be TBD per event depending on what is involved. Additional costs may include new devices or additional requirements as technology becomes available and mobility becomes more common. Procurement of Cogent Blue Check devices will be done by HSI and ERO using existing internal funding and based on identified mission and operational needs for each organization. Overall agency device costs are not shown since the number of devices needed by HSI and ERO are operationally unknown. The implementation of a pilot program is recommended to include both HSI and ERO LE officers with an equally designated number of devices for each organization. The estimated number of devices would be 91 with an approximate cost of $1,750.00 per device. The estimated hardware cost for the pilot would be approximately $159,250.00 (cost would be in addition to the APP development and implementation cost – see below). The Cogent Blue Check device uses a unique Pin # associated with the serial number of each device so each device has a different PIN #.

Additionally, Cogent Blue Check devices are also required to be pared to the iPhone device.

The EAGLE EDDIE APP will be restricted to operate from within the OCIO approved GOOD Enterprise Secure Container with required IT Security and access controls in place.

Additionally, no information from the query is stored on, or returned to, the Cogent Blue http://grabba.com/products/build-a-grabba/grabba-built

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

Check device. Query results information is only returned to the iPhone / Good Enterprise account which submitted the query. From a technical IT systems perspective, biometrics scanning, and query functionality will be the same as what is already operational using the OCIO imaged laptop/scanner portable units, with mobile APP adaptations to operate from within the GOOD on government issued iPhones. Regarding Bluetooth connectivity, the Cogent Blue Check device transmits a Bluetooth signal with a maximum unobstructed range of less than 30 feet according to the manufacture. However, in testing, the actual practical distance was less than 10 feet.

Note: Initial APP development and implementation involves supporting fingerprint biometric scan query search capabilities. Future upgrade enhancements may include actual initial enrolment of individuals into the EAGLE Booking system (requirements yet to be established

– would require future release)

The EAGLE enhancement for the EDDIE APP is required to support the ongoing ICE operational law enforcement missions and initiatives. If not approved, ICEs ability to rapidly identify individuals through fingerprint biometrics will remain severely impacted. The tangible ROI impacts are predominantly qualitative and involve the threat to the US public that a wanted individual and/or individual with a criminal record who could be detained for violations of law enforced by ICE would remain at large due to inability to properly identify the subject in the field interview process. The quantitative impacts involve items such as higher transportation cost and additional man-hours relating to transportation of individuals to an ICE booking station facility and the processing of the individual along with added cost for transportation and facility security. Additionally, the longer an individual is detained by ICE, the greater the legal impacts can be to include impacts involving medical conditions and detention. These costs are difficult to measure due to variables in contact. The vendor:

Government Acquisitions, Inc. are listed on FirstSource II as an authorized retail reseller. On contract: HSHQDC-13-D-00023, the price is determined to be fair and reasonable on First Source II. The brand name product NEC Neo Scan 45 FAP 45 Multiple Finger Printer Reader price is listed. The Program Office remains committed to actively conducting ongoing market research for similar products to foster competition and identify viable alternatives. It is the intent of ICE to strategically transition from the current biometric device to an open-source solution that ensures seamless compatibility with the evolving ICE IT infrastructure. At present, the existing IT systems are fully optimized to utilize this specific device without requiring any modifications, thereby maintaining operational continuity and efficiency while future solutions are explored and evaluated.

Contracting Officer Date