Redacted JEFO.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-23-00154

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, new Task / Delivery Order against DHS Tactical Communications Equipment & Services II (TacCom II).

(b) Amount of the current J&A: $24,096,986

(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 radio infrastructure, including security updates to preserve the integrity of the ICE TACCOM system, security posture, and Authority to Operate (ATO). The ASTRO 25 radio CORE is an adaptable platform for mission critical wireless communications, powerful servers with software support, and a variety of critical voice and data services.

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 infrastructure equipment, software, firmware, installation, cybersecurity services, and release update support for the integrated WAVE system. ASTRO 25 is a widely used Project 25 (P25) compliant mission critical solution, providing ICE TACCOM complete control over wireless voice and data on an integrated, interoperable, and centrally managed network.

The period of performance for this task order shall commence on the date of award and end fifty-six (56) months from date of award and is estimated at $24,096,986.

Period Time Total Base 08 mos. $946,986 Option Year 1 12 mos. $5,125,000 Option Year 2 12 mos. $7,890,000

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

Option Year 3 12 mos. $5,055,000 Option Year 4 12 mos. $5,080,000

Total Dollar Value $24,096,986

4. Statutory Exception and Rationale.

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 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.

☐ FAR 16.505(b)(2)(i)(E). For orders exceeding the simplified acquisition threshold, a statute expressly authorizes that the purchase be made from a specific source.

Rationale:

This requirement is to procure upgrades and updates to the existing Motorola Astro 25 infrastructure system. 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 replacements 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 Original Equipment Manufacturer (OEM) networking equipment which is proprietary and requires the Transport Network Configuration Tool (TNCT) for generating configuration files to upgrade the Astro 25 radio network devices. The

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

TNCT is not shared on the open market and is has not been made 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. 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.

ASTRO 25 system releases include feature enhancements that improve the system functionality and operation of previous releases. System release software and hardware is pre-tested, compared to previous releases and certified in the Contractor’s Systems Integration Test lab. As a result, the Astro 25 Infrastructure Upgrade 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 can 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 replacements 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 Original Equipment Manufacturer (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 Assessment 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 requires rigorous attention to equipment and potential vulnerabilities that could

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

compromise ICE’s TACCOM systems and mission-critical communications. Motorola has manufactured over 90 percent of the existing ICE tactical communications infrastructure and subscriber units and Motorola’s Astro 25 Security Update Service (SUS) is an annual necessity that is only available through Motorola. ICE has existing legacy Motorola radio subsystems and network management infrastructure, and only Motorola is capable of providing the specialized services required, this prevents third party vendor’s from providing the security updates and patches. A Request for Information (RFI) was issued on April 21, 2023. The responses were due on May 5, 2023. We didn’t receive any responses at all. An internet search was conducted. Due to the program requirements and certifications, there is not a vendor capable of completing the task at hand. The SUS mitigates cybersecurity risk and software conflicts. The pre-tested 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 Land Mobile Radio (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 proprietary 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

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

FAR 16.505(a)(4) and 16.505(b)(2)(ii) 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, dependable, secure, 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.

Technical Representative/COR Date

10. Contracting Officer 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.

Justin Lloyd Date Contracting Officer

The Contracting Officer is the final approving official when the action is less than $750K.

1 https://www.firstnet.gov/about.

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

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

11. Approval:

Competition Advocate Date

Head of Contracting Activity Date

Note: The Head of Contracting Activity (HCA) is the final approving official when the action is equal to or exceeds $15M but does not exceed $75M.