Think about the first court case where this "FBiOS" is used against a person that is on trial. Wouldn't the defense have a potential field day with this, and wouldn't Apple then be drug into every trial to testify? I could see the defense claiming that because the OS was replaced it is impossible to determine for sure what the original device contained versus what the government may have added to it.
Essentially from my very limited understanding of forensic techniques, techs are not allowed to ever add software to a device and can only search the device. Otherwise they are essentially "modifying" evidence. But I am not an expert in this area so I may not be fully understanding some of the intricacies.
Anyway - there will be enough developers willing to do that if feds can obtain the source code. The trick is apple to sign it.
Based on news reports there are currently 100's of criminal cases and many prosecutors waiting to use the "FBiOS" once it is developed. If the DOJ's goal was strictly about terrorism there are alternative ways to solve this and Apple would likely be more accommodating, as it appears they have been in the past. But the DOJ is now looking to establish legal precedent within the courts so it can be used routinely and not just for terrorism cases.
A warrant actually can compel third parties to help in a search. What do you think happens when a business gets a warrant? They have to assign someone to go search for and find the records the warrant asks for.
Or if you serve a bank a warrant to open a safe - the bank has to go and help open the safe.