1. JOFOC BC. Signedkdm.pdf

American Consulate General

Regional Procurement Support Office (RPSO) Giessener trasse 30

60345 Frankfurt am Main Germany

JU TIFICATION AND APPROVAL FOR OTHER THAN

FULL A D OPEN COMPETITIO

I. Identification of the agency and the Contracting Activity The agency is the U.S. Embassy, INL Section, Kyiv, Ukraine. The Contracting Activity is the Office of cquisition Management, Regional Procurement Support Office Frankfurt (A/LM/AQM/RP OFR).

2. ature and/or description of the action being approved

This action is for the delivery of drone kits and fixed wing VTOL UAS to Ukraine Police under authority of the Letter of Agreement on humanitarian and technical-economic cooperation between the Government of the United States of America and the Government of Ukraine. This Joint Action Plans contain the urgent need for provision of non-lethal assistance to the State Border Guard Service of Ukraine and the national Police of Ukraine to fulfill their core security missions.

3. A description of the supplies or services required to meet the agency's needs:

Delivery of drone kits and VTOL UAS, which meet the technical specifications in the Statement of Work to the State Border Guard Service of Ukraine and the National Police of Ukraine within three weeks after the contract award.

4. An identification of the regulation permitting other than full and open competition

The statutory authority is 41 U.S.C. 253(c) (2). The regulatory authority is FAR 6.302-2, Unu ual and

Compelling Urgency.

5. A demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the authority cited

Due to the urgent and compelling need, the U.S. is providing drone kit and

SEN ITIVE BUT UN LA IFIED

fixed wing VTOL UA to the Ukraine and the National f

Police of Ukraine. One of the requirements is to have the items delivered by the quickest means possible to ensure they are available for rollout as soon as possible. The company offer to provide these systems within three weeks from the award of the contract.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable

The proposed contract action is made under the conditions described in 6.302-2 Unusual and Compelling Urgency, and the Government would be seriously injured if the agency complies with the time periods specified in 5.203 for the publication and response time of proposed contract actions.

7. A 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 cost to the Government will be fair and reasonable.

8. A description of the market survey conducted and the results or a statement of the reasons a market survey was not conducted

RPSO Frankfurt and the INL office Kyiv reached out to several distributors of the equipment. Other vendors were not willing to provide the quantity requested within specified tirneframe and/or were seeking pre-payment.

9. Any other facts supporting th.� ust; of other than full and open competition

None

10. A listing of sources, if any, that expressed, in writing, an interest in the acquisition

The other sources that expressed an interest in the acquisition of the portable fold able drone kits are unable to deliver them within I month after the contract award.

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required. Include a statement that this J&A for other than full and open competition will be published on SAM.gov in accordance with FAR Section 6.305 within 14 days of award (or within 30 days if the J&A i for unusual and compelling urgency.)

TI1is J&A for other than full and open competition will be published on SAM.gov in accordance with FAR Section 6.305 within 30 days. However, the posting will be generic in nature i.e.: no specifics e.g.

names, explanations, why & where, thereby protecting the identity of involved customer and employees alike.

SENSITIVE BUT UNCLAS IFIED

5/13/2022