Sole Source Justification_D-Fend Arm Posting_Redacted.pdf

SOLE SOURCE JUSTIFICATION (SSJ) UNDER SIMPLIFIED PROCEDURES FOR

CERTAIN COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

GREATER THAN SAT BUT NOT EXCEEDING $7.5 MILLION

FAR 13.501

May 2025 1

Sole source procurements should only be used when competitive solicitation procedures are not applicable to the requirement or are impracticable. Please remember, that contracting without promoting competition to the maximum extent practicable cannot be justified due to a lack of advance planning by the requiring activity or concerns related to the amount of funds available.

This document shall not be used for Federal Supply Schedule acquisitions.

1. Identification of the agency and the contracting activity, and specific identification of the document as a Justification for Other than Full and Open Competition.

Agency: Drug Enforcement Administration (DEA)

Contracting Activity Processing the Requirement: Office of Acquisition and Relocation Management (FA)

Name of Organization Originating the Requirement: Office of Investigative Technology (ST) / Operational Support Unit (STSO)

Identification Number (purchase request/solicitation number): D-25-ST-0332

2. The nature and description of the action being approved (e.g., new award, modification, follow-on to previous procurement, et.al.).

New contract award for one D-Fend EnforceAir 2 Plus Counter Unmanned Aerial System (C-UAS) Radar Arm to support agent safety, force/facility protection, and other counter-drone operations.

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

The Government requires a D-Fend EnforceAir 2 Plus Counter Unmanned Aerial System (C-UAS) Radar Arm.

The D-Fend EnforceAir 2 Radar Arm is the proprietary equipment capable of being integrated and deployed with the D-Fend EnforceAir 2 systems of which the Government currently owns and operates in executing their Title 21 responsibilities.

Total estimated value inclusive of all options:

Period of performance or final delivery date:

4. An identification of the statutory authority permitting, other than competition to the maximum extent practicable.

The simplified acquisition threshold is defined in FAR 2.101. Per FAR 6.001, acquisitions of certain commercial items exceeding the simplified acquisition threshold and conducted using simplified acquisition procedures as authorized by FAR 13.501 are exempt from the requirement to promote full and open competition. Such acquisitions must promote competition to the maximum extent practicable as required by 41 U.S.C. 1901 and FAR 13.104. Because this acquisition will be conducted without promoting competition to the maximum extent practicable, this justification is prepared for review and approval in accordance with FAR 13.106-1(b)(2) and 13.501(a).

GREATER THAN SAT BUT NOT EXCEEDING $7.5 MILLION

FAR 13.501

May 2025 2

Check the appropriate box. Only one box may be checked.

41 U.S.C. 1901, FAR 13.501(a) exceeding the simplified acquisition threshold; or

41 U.S.C. 1903, FAR 13.501(a) emergency procurement (up to $750K within the United States and up to $1.5Million outside the United States)

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

The D-Fend EnforceAir 2 system is a multiuse deployment kit enabling tactical team quick set up and short to medium-term stational deployment options with long-range C-UAS coverage and high-performance multiple input, multiple output antennas. The Government currently uses this system as an Authorized to Use (ATU) approved C-UAS system to integrate and cooperatively work with all of the agencies of the DHS, the DOJ, and others with minimal training and down time. The D-Fend EnforceAir 2 Radar Arm is the proprietary equipment sold by the original manufacturer, D-FEND Solutions, to be used to auto-calibrate the radar panels into the unit’s existing sensors without invalidating the unit’s hardware/software warranties resulting in increased costs for maintenance and upkeep and risking the longevity of the system. The D-Fend EnforceAir 2 Radar Arm equipment is the only way to have radar panels fully integrate into DFEND’s proprietary graphical user interface without risking increased time to deployment capabilities associated with retrofitting non-proprietary equipment and risking the useful life of the kit.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies.

The subject action will be executed on a sole source basis based on the information outlined in Section 5 of this justification.

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer is responsible for determining prices fair and reasonable in accordance with the FAR.

The price quoted for the D-FEND EnforceAir 2 radar arm, while established based on proprietary and unique attributes are in line with other C-UAS equipment/radar arm components that can be purchased on the commercial marketplace. Based on a review of available prices and previously purchased equipment of the same nature, the anticipated price paid for the D-FEND EnforceAir 2 radar arm is considered fair and reasonable.

8. A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

The Government completed market research through reviews of available catalogs, searches via the Dynamic Small Business Search tool, and the Internet. The Government reviewed other acquisitions across the Department of Justice and other Federal law enforcement agencies to determine operability with current DEA systems. Based on the review of the market, it was determined that the D-FEND EnforceAir 2 radar arm sold by D-FEND Solutions is the equipment required to meet the Government’s need based on current operations and integration needs. Therefore, the Government intends to execute a sole source award to D-FEND Solutions.

GREATER THAN SAT BUT NOT EXCEEDING $7.5 MILLION

FAR 13.501

May 2025 3

9. Any other facts supporting the use of other than competition to the maximum extent practicable, such as:

i. Explanation of why technical data packages, specifications, engineering descriptions, statements of work, or purchase descriptions suitable for full and open competition have not been developed or are not available.

The proprietary radar arm equipment sold by D-FEND Solutions is available on the commercial marketplace. Following extensive market research, the Government has determined that a defined specifications or data package is not applicable based on the proprietary nature of the equipment.

Defining technical data packages is not in the best interest of the Government.

ii. When the acquisition is a result in a follow-on acquisition for the continued development or production of a major system or highly specialized equipment, an estimate of the cost to the Government that would be duplicated and how the estimate was derived.

N/A

iii. When the justification is based on an urgent and compelling requirement, cite data, estimated cost, or other rationale as to the extent and nature of the harm to the Government.

N/A

iv. When the justification is for brand name, explain why the particular brand is the only brand that can satisfy the Government’s need. Include in the explanation why other brands do not meet the Government’s requirement.

N/A

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

N/A

11. 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.

The Government continues to perform ongoing market research based on ongoing needs for emerging technology in support of organizational and mission requirements.

GREATER THAN SAT BUT NOT EXCEEDING $7.5 MILLION

FAR 13.501

May 2025 4

Certifications

I hereby certify that I have no financial interests of the sort addressed in subpart D of 5 CFR § 2635 that may give the appearance of a conflict of interest in regards to this Justification.

I hereby certify that I have no personal or business relationships or interests of the sort addressed in 5 CFR §

2635.502 that may give the appearance of a conflict of interest in regards to this Justification.

Requesting Official

“I hereby certify that the description of the requirement meets the Government’s minimum needs and that the technical data and supporting information, which form the basis for this Sole Source Justification are accurate and complete to the best of my knowledge and belief.”

I hereby certify that I have no financial interests of the sort addressed in subpart D of 5 CFR § 2635 that may give the appearance of a conflict of interest in regards to this Justification.

I hereby certify that I have no personal or business relationships or interests of the sort addressed in 5 CFR §

2635.502 that may give the appearance of a conflict of interest in regards to this Justification.

Requesting Office Technical Point of Contact

“I hereby certify that this Sole Source Justification is accurate and complete to the best of my knowledge and belief.”

Contract Specialist

Contracting Officer

GREATER THAN SAT BUT NOT EXCEEDING $7.5 MILLION

FAR 13.501

May 2025 5

“I have reviewed the subject contract action and find it legally sufficient for award.

Chief Counsel Legal (if over $750,000)

Reviews and Approvals

FAC Section Chief (if over $750,000)

Bureau Procurement Chief (if over $750,000 per JAR 2806.304)

Competition Advocate (if over $750,000)

Head of the Contracting Activity (if over $15M)

DOJ Competition Advocate (if over $75M)

Senior Procurement Executive (if over $75M)