FY21-0074_CWMS JEFOv4_Redacted.pdf

CISAM 3016.505-90(b)(4) Justification for Exception to Fair Opportunity

Exceeding the SAT pursuant to FAR 16.505(b)(2)(ii)(B)

JEFO No: FY21-0074 Page 2 of 4 Rev: 05/06/2021

USCIS is mandated by the DHS to use the single award CWMS 2.0 IDIQ and buy brand name mobility products through the vendor, WidePoint Integrated Solutions Corporation.

In accordance with FAR 16.505(a)(4), the Contracting Officer must justify restricting consideration to an item peculiar to one manufacturer (e.g., a particular brand-name, product, or feature of a product that is peculiar to one manufacturer) and this justification is fulfilling this requirement.

Rationale:

iOS is Apple's proprietary mobile OS that runs on the iPhone and iPad and is peculiar to the Original Equipment Manufacturer, Apple, and therefore only Apple’s and its authorized resellers (in this case WidePoint) can fulfill this requirement. If USCIS could no longer procure Apple iPhones and iPads, using the iOS, it would prevent USCIS from being able to issue new carrier service, replace broken devices, or upgrade users with expiring iOS’s. This will prevent USCIS from performing its mission with impacts to all Strategic Goals, with special emphasis on Goal 3 and 4, which is to ensure fair and efficient adjudication of benefits, delivery of information, and to continuously improve key processes, programs, and systems. Failure to upgrade devices with expiring OS’s creates an unnecessary security risk that would require all outdated devices to be disposed of and service turned off. In addition to security concerns, business processes have been developed specifically to support the ELIS and Asylum Virtual Interview process created in response to COVID-19 and attempting to change hardware and software at this time without sufficient transition time would put the agency at risk for not completing its mission.

Apple products use the iOS, which is the only operating system that has been configured with AirWatch. AirWatch is the USCIS software that provides Mobile Device Management (MDM) and security for all smartphones and tablets. OIT is unable to deploy any smartphone or tablet into the environment without being properly managed and secured, as doing so would cause a serious security incident. There are two operating systems that support mobility devices, Android and iOS. Derived Personal Identity Verification (PIV) credentials are required at the Department level to secure all mobility devices and at this time the USCIS AirWatch MDM platform, used to manage and secure all mobility devices, can only support Derived PIV credentials on iOS devices.

Market Research indicates that while there are two operating systems that support all mobility devices, iOS and Android, only iOS devices support the use of a Derived PIV card credentials using AirWatch as an MDM platform. Therefore there are no solutions that will support a non-iOS device at this time. A brand name or equal procurement will not be able to fulfil this requirement as Android devices will not allow for Derived PIV credential and AirWatch.

The USCIS OIT Engineering staff has not been able to successfully implement a solution that can support non-iOS devices i.e. Android OS devices. iOS is proprietary to Apple and the Android OS cannot be modified to meet the needs of the government. It is a DHS security risk to provision an Android device into the USCIS environment without properly securing the device through using a Derived PIV credential and AirWatch.

JEFO No: FY21-0074 Page 3 of 4

AppleCare Enterprise is proprietary and supports Apple iOS products and is peculiar to the Original Equipment Manufacturer, Apple, and therefore only Apple’s and its authorized resellers (in this case WidePoint) can fulfill this requirement. AppleCare for Enterprise includes AppleCare Help Desk Support, which provides unlimited telephone technical support for Apple hardware and software diagnosis and troubleshooting and issue isolation for Apple-based solutions. It provides direct access to Business and Education advisors, which includes graphical user interface-level assistance with macOS Server network configuration and server administration. For more complex issues, AppleCare Enterprise provides an incident of IT department–level support each year, providing assistance with complex deployment and integration scenarios, including MDM and Active Directory. Other OS support, such as Android OS, cannot be modified to support Apple iOS as it is proprietary to Apple. If USCIS could no longer procure AppleCare Enterprise, it would leave all iOS devices in USCIS unsupported.

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 the prior acquisition history where additional discounts were provided for large volume purchases, which is how the independent government cost estimate was developed. If necessary, the Contracting Officer may utilize other price analysis techniques of FAR 15.404-1 to establish fair and reasonable pricing of the devices.

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.

OIT will conduct ongoing market research to identify possible alternatives to Apple hardware,software, and technical support that may be configured within our environment, while meeting the business needs of the agency. OIT meets regularly with both Apple and Samsung who are competing manufacturers for smartphone and tablet devices. Apple uses the iOS software and Samsung uses Android. At this time only iOS devices may be configured with a Derived PIV credential that is a security requirement for all mobile devices administered through the AirWatch MDM. USCIS engineers are working with Samsung on how to configure our environment to work with both iOS and Android devices while remaining secure. Until that development has been completed USCIS is unable to deploy Android devices securely. Once a solution can be engineered, which is expected in the next 1-2 years, OIT should be able to start reintroducing Android devices and work with the business to adjust their systems to work with both operating systems.

JEFO No: FY21-0074 Page 4 of 4

8. USCIS intends to post this requirement on Beta.Sam.gov pursuant to FAR 16.505(b)(2)(ii)(D).

9. Technical/Requirements Personnel Certification.

Pursuant to FAR 16.505(b)(2)(ii)(B)(9), I certify that this requirement meets the Government’s minimum need and that the supporting data, which form a basis for the justification, are accurate and complete.

Technical Representative/COR Date

10. Contracting Officer Certification

Pursuant to FAR 16.505(b)(2)(ii)(B)(8), I certify that this justification is accurate and complete to the best of my knowledge and belief.

Contracting Officer Date

APPROVAL: Pursuant to FAR 16.505(b)(2)(ii)(B)(10), I hereby determine the circumstance identified in Section 4 applies to the order.

Procuring Activity Advocate for Competition Date

MICHAEL J DUQUETTE Digitally signed by MICHAEL J DUQUETTE Date: 2021.07.29 08:40:18 -04'00'

STUART SELLEARS

Digitally signed by STUART

SELLEARS

Date: 2021.07.29 09:52:55 -04'00'