REDACTED BETASAM JA2100230.pdf

OFFICE OF ACQUISITION MANAGEMENT

ICE Acquisition Manual 3016.505-90

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

FAR 16.505(a)(4) and 16.505(b)(2)(ii)

J&A-21-00230

1. Agency and Contracting Activity.

The U.S. Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), Office of Acquisitions Management (OAQ), prepared this justification for an exception to fair opportunity on behalf of the Office of the Chief Information Officer (OCIO) Tactical Communications Program (TACCOM).

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

(a) Type of action: Firm-fixed price task order

(b) Amount the current J&A is justifying: $____________

(c) Brief Description: OAQ intends to issue a task order to the company listed below, on a sole source basis, to upgrade the Motorola Astro 25 infrastructure.

Motorola Solutions Inc.

500 W Monroe St, Ste 4400 Chicago, IL 60661-3781

3. Description of Supplies/Services.

The purpose of this task order is to procure essential upgrades to the Motorola Astro 25 infrastructure, including security updates applied that preserve the integrity of the ICE TACCOM system, security posture, and Authority to Operate (ATO).

The period of performance for this task order shall commence on the date of award and end twenty-four (24) months from date of award and is estimated at $_________.

Period Time Price Total Base 24 mos. $_________ $__________

4. Statutory Exception and rationale for its use:

Exception:

☒ 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.

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

Rationale:

This requirement is to procure upgrades and updates to the existing Motorola Astro 25 infrastructure system. Only Motorola Solutions, Inc., is capable of providing the upgrades and updates required at the level of quality required because the services needed for the Motorola Astro 25 infrastructure system are highly specialized.

The Motorola Astro 25 infrastructure requires Motorola specific tools, upgrades, and security updates. Motorola is the only the company that has the proprietary Motorola vendor tools, Motorola security updates, and certified Motorola engineers to facilitate the upgrades, configurations, and patching. The Motorola vendor tools are not shared on the open market and are not available to Motorola resellers. The Astro 25 Infrastructure Upgrade work must be performed by Motorola certified engineers with the appropriate training and certifications.

Motorola’s Astro 25 System Upgrade Agreement (SUA) is a turn-key solution that cannot be separated or purchased separately.

Motorola is the only vendor that provide the required services at the level of quality required because the services are highly specialized, which will include the following services:

A. Upgrading the existing ICE TACCOM Astro 25 infrastructure: The ICE Astro 25 Core and Radio Site Infrastructure is upgraded every other year. Motorola conducts regression testing to ensure legacy Motorola user equipment works with all updates. The Astro 25 platform system has been part of ICE operations for the last 25 years, delivering robust mission-critical voice and data services through an IP-based core. The Astro 25 Infrastructure Upgrade requires the installation of complex, sophisticated firmware patches, software upgrades, hardware replacments that can only be performed by Motorola engineers with the appropriate training, certifications, and equipment to operate, upgrade, troubleshoot, maintain, and repair Motorola’s Core, Subsystems, and Mobility equipment. These upgrades require the use of specialized Motorola OEM networking equipment which is proprietary and requires vendor tools such as the Transport Network Configuration Tool (TNCT) for generating configuration files to upgrade the Astro 25 radio network devices. The vendor tools such as TNCT are not shared on the open market and are not available to Motorola resellers. The Astro 25 infrastructure upgrade must be performed without any modification, retrofit, or redesign of either the software releases, security patches, or equipment.

B. Providing Astro 25 security updates to preserve the integrity of the ICE TACCOM Authority to Operate (ATO): The ICE TACCOM Astro 25 System maintains a High/High/High security posture and ATO to ensure officer safety and provide mission effectiveness. The TACCOM Astro 25 System routinely goes through a Security Asessment following a major upgrade. The Information Assurance Division (IAD) and Authorizing Official approved an ATO for the TACCOM system to operate at an operational risk level of “HIGH.” This capability requires an elevated level of security, enterprise architecture, and configuration management. Maintaining this level of security

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

requires rigorous attention to equipment and potential vulnerabilities that could compromise ICE’s TACCOM systems and mission-critical communications. Motorola’s Astro 25 Security Update Service (SUS) is only available through Motorola. No third party vendor can provide the security updates and patches. The SUS mitigates cybersecurity risk and software conflicts. The pretested security updates contain operating system security patches and antivirus definitions that have been validated for compatibility with Astro 25 systems.

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

The Contracting Officer has determined that the anticipated price(s) will be fair and reasonable. The use of the DHS TACCOM II IDIQ contract provides a vehicle to access Motorola for equipment and services at prices that have been negotiated and deemed to be fair and competitive. Additional discounts from the IDIQ prices will also be requested.

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 the supplies or services is made.

This requirement seeks to upgrade and update the existing Motorola Astro 25 infrastructure.

This network was inherited from Immigration and Naturalization (INS) when DHS was established in 2003 that spans the continental United States and its territories overseas. The ICE Astro 25 LMR network has been updated and expanded over the years to continue to support law enforcement, lifesaving activities and has proprietary options and features that are integral to ICE law enforcement in accomplishing their day-to-day mission essential functions of DHS #2 Protect Critical Infrastructure and DHS #5 Enforce Homeland Security Laws.

It is ICE’s intent to eventually transition from the vendor lock technology to an open-source standard environment leveraging broadband technology when it matures to a point that ICE’s voice communications requirements can be met. Additionally, ICE is working with the Department of Commerce, specifically the FirstNet Authority0F

1 that was established by the Middle Class Tax Relief and Job Creation Act.1F

2 FirstNet mission is to develop, build and operate the nationwide, broadband network that equips first responders to save lives and protect U.S. communities. They are working on a Mission Critical Push-to-Talk (MCPTT) capability. When ICE determines that the broadband solution is mature, reliable, secure, 1 https://www.firstnet.gov/about.

2 Public Law 112-96, Feb. 22, 2012.

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

provides the needed coverage, and adoption of other Law Enforcement Federal, State, Local, and Tribal organizations, ICE will commence transition. ICE does not have a definitive timeline for the transition but will continue to work closely with FirstNet toward that goal.

Currently, FirstNet does not meet all of ICE’s mission critical secure voice requirements and we must continue investing in our proprietary network until FirstNet can meet the ICE requirements. When FirstNet can meet ICE’s mission critical secure voice requirement, the purchase of proprietary devices will no longer be essential or desired.

8. DHS intends to post this requirement on 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.

Thomas Bojito Date Technical Representative/Program Manager

10. Contracting Officer Certification and Approval *

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 and hereby determine that the circumstances for an exception to fair opportunity exist:

Heather Cauthinn Date Contracting Officer

11. Approval.

Over $700,000 but not exceeding $13.5 million Date Albert Dainton Procuring Activity Advocate for Competition