JOFOC Name Brand limitation TUAS Variable Height Antenna (Signed)091224 (002).pdf

Version 20220201

JOFOC No.: ATF-24-0021

JUSTIFICATION FOR OTHER THAN FULL AND OPEN

COMPETITION (JOFOC) 1 WITH BRAND NAME JUSTIFICATION

JOFOC NUMBER2: ATF-24-0021

PROCUREMENT REQUEST (PR) NUMBER: DJA-24-ASOD-PR-0358

CO: Charles Strickland 202/256-6989 Charles.Strickland@atf.gov

COR/GTR3: Jodi Davis 704-441-4097 jodi.davis@atf.gov

DATE: 09/12/2024

This document serves as both the justification and approval for acquisitions conducted under the authorities for proposed procurements using other than full and open competition pursuant to the authority under 41 U.S. Code § 3304 – Use of Non-Competitive Procedures and Federal Acquisition Regulation (FAR) 6 – Competition Requirements.

1. Identification of the agency and contracting activity.

Requiring Agency:

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Technical Operations Branch- Charlotte 3140 Yorkmont Rd STE 300 Charlotte, NC 28208 Technical POC: Jodi Davis 704-441-4097 Email: Jodi.davis@atf.gov

Contracting/Ordering Activity:

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Office of Management - Acquisitions 99 New York Avenue, NE Washington, DC 20226 Contract Specialist David Berger / Contracting Officer Name: Charles Strickland Email: david.berger@atf.gov email: charles.strickland@atf.gov

2. The nature and/or description of the action being approved.

ATF intends to award a brand name limited source firm-fixed price contract of a Hoverfly Technologies SPECTRE Tethered UAS Variable height antennas systems with Next Vision Raptor

1 This is also known a s a Justification & Approval. It is the document required by the FAR that justifies and obtains approval for a sole-source contract.

2 This is entered a t or after small business review, including the header.

3 COR – Contracting Officer’s Representative – services /GTR – Government Technical Representative – supplies/goods.

mailto:Charles.Strickland@atf.gov mailto:jodi.davis@atf.gov http://uscode.house.gov/view.xhtml?req=(title%3A41%20section%3A3304%20edition%3Aprelim)%20OR%20(granuleid%3AUSC-prelim-title41-section3304)&f=treesort&edition=prelim&num=0&jumpTo=true http://uscode.house.gov/view.xhtml?req=(title%3A41%20section%3A3304%20edition%3Aprelim)%20OR%20(granuleid%3AUSC-prelim-title41-section3304)&f=treesort&edition=prelim&num=0&jumpTo=true https://www.acquisition.gov/far/part-6 https://www.acquisition.gov/far/part-6 mailto:Jodi.davis@atf.gov mailto:david.berger@atf.gov mailto:charles.strickland@atf.gov

Sensors to a small business through a small business set-aside. The brand name is Hoverfly Technologies SPECTRE Tethered UAS Variable height antennas system with Next Vision Raptor Sensor. This will be a competitive buy under NASA SEWP for a small business.

3. A description of the supplies and/or services required, including the delivery schedule and/or the period of performance (inclusive of all option periods), and the estimated dollar value of the acquisition.

Includes the following brand name supply:

Five (5) each Hoverfly Technologies SPECTRE Tethered UAS Variable height antennas system with Next Vision Raptor Sensor. The vendor must provide training and maintenance on systems and spare parts kits.

The estimated cost for this purchase is $842,000.00 with a Required Delivery Date (RDD) no later than ninety (90) days after purchase order award.

4. Identify statutory authority permitting limiting sources.

This acquisition is conducted under the authority of 41 U.S. Code § 3304 – Use of Non-Competitive Procedures and the exceptions listed under FAR 6.302 – Circumstances permitting other than full and open competition.. (Check the appropriate box for the authority – and bold the statement)

X FAR 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements.

☐ FAR 6.302-2 Unusual and compelling urgency.

☐ FAR 6.302-3 Industrial mobilization; engineering, developmental, or research capability; or expert services.

☐ FAR 6.302-4 International agreement.

☐ FAR 6.302-5 Authorized or required by statute.

☐ FAR 6.302-6 – National Security ☐ FAR 6.302-7 Public Interest

5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring use of the authority.

The Hoverfly Technologies SPECTRE Variable Height Antenna-Tethered UAS will be purchased under FAR 11.104 Use of brand name or equal purchase descriptions. This is the only system that is technically compatible and acceptable with existing ATF technology.

http://uscode.house.gov/view.xhtml?req=(title%3A41%20section%3A3304%20edition%3Aprelim)%20OR%20(granuleid%3AUSC-prelim-title41-section3304)&f=treesort&edition=prelim&num=0&jumpTo=true http://uscode.house.gov/view.xhtml?req=(title%3A41%20section%3A3304%20edition%3Aprelim)%20OR%20(granuleid%3AUSC-prelim-title41-section3304)&f=treesort&edition=prelim&num=0&jumpTo=true https://www.acquisition.gov/far/part-6#FAR_6_302

The Hoverfly Technologies SPECTRE Variable Height Antenna-Tethered UAS Solution meets all the following requirements to fulfil the program’s needs:

- The Variable Height Antenna-Tethered UAS Solution (TUAS), Generator, and operational supplies must fit within a dimensional area of 49” width x 43” length x no greater than 36” height. These dimensions that are limited by the squared space calculated to be the specific length by width by height. The TUAS can be no larger than the required dimensions. The TUAS must fit the dimensions to fit into a UTV bed for transport to remote locations.

- The generator used to power the tethered UAS must adhere to the following:

o Must be powered by gasoline.

o Must be portable and weigh less than 100lbs.

o Must use below 3500 max watts at 120VAC. (Honda EU3200i or equivalent) The TUAS needs to operate off of gasoline, a readily available fuel source, because gasoline is more readily available. The TUAS cannot use battery packs because it needs to run independently when deployed. In the field readily available electrical power sources are not readily available to charge batteries.

As for a diesel generator, there are none available that are less than 100 lbs. The generators need to be this size for human transport. That is one person needs to be able to move the generator. The ATF has the required generators, they don't need to be vendor supplied with this contract action. Specification are that the generators need to not draw greater than 3500 watts.

o Must fit in the dimension parameters listed including the size of the Tether UAS.

- The Variable Height Antenna-Tethered UAS Solution must land in a self-centering ring, must not land outside of the ring (no external landing gear), unless an emergency situation exists and require no outside controls unless there is an emergency equipment failure.

- Must include a controller to operate the TUAS package

- Must have emergency backup controller in case of emergency landing situations

- Must have emergency landing capabilities including on-board back up battery in case of damaged/broken tether, etc.

- The system shall have the ability to operate more than 100 uninterrupted hours.

- Must have the ability to mount and provide power to 1 Silvus 4200 radio AND a PTZ camera/video sensor for situational awareness. Item must emit no RF signature/emissions.

-Have a payload equal to or greater than 5 pounds.

-Have the capability to operate from an altitude of 200 feet above ground level or greater.

- Must contain two separate payload areas for multiple internally powered payloads (radios, video cameras, sensors)

- Designed to attach and provide power to tactical mesh transceivers. The design must be integral to the tethered UAS. (Example- the attachment of the tactical mesh transceiver cannot be an afterthought; the system must be designed around the radio.

- Must have Airworthiness Qualification Level 3 (AQL3)

- The Variable Height Antenna-Tethered UAS Solution must have replacement parts, training and maintenance schedule provided by the vendor.

- The communications signal from the tactical mesh transceiver should be transported from the Tethered UAS to the Ground station via the tethered cable.

- Multiple platforms should be available from the vendor to accommodate Silvus transceivers, video surveillance platforms, and additional sensors.

- Must provide shippable ruggedized container(s) designed specifically for the vendor’s item

- Must include ruggedized tablet or controlling device for command/control Tethered UAS System

- Vendor shall conduct field level repair and preventative maintenance training at their facility for 6 students and provide a maintenance kit containing commonly used replacement parts for field replacement, including a part replacement kit.

- Made in the US with no parts sourced from China.

Market Research was conducted via internet searches, trade shows, attending Agency requested demonstrations and discussions with other federal agencies TUAS programs. A tour and demonstration of the Hoverfly US based manufacturing facilities demonstrated its unique capabilities. It also met all the requirements stated in the SOW. Including the size, power requirement, and American made requirements.

Alternative to #5 for brand name products. A demonstration of any brand name product’s unique attributes: An explanation of the unique attributes of the proposed brand name item(s) and why no other similar item will suffice.

The Hoverfly SPECTRE Tethered UAS are uniquely qualified to meet the agency’s needs based on the following:

They have demonstrated the unique ability to have a self- contained TUAS solution that differs from any other vendor. These requirements are listed in the SOW. The low power requirements of less than 3500 watts power consumption from the powering generator. Operational supplies must fit within a dimensional area of 49” width x 43” length x no greater than 36” height. These dimensions that are limited by the squared space calculated to be the specific length by width by height. The TUAS can be no larger than the required dimensions. The TUAS must fit the dimensions to fit into a UTV bed for transport to remote locations. The solution must land in a self-centering ring, must not land outside of the ring (no external landing gear), unless an emergency situation exists and require no outside controls unless there is an emergency equipment failure. This function is crucial as the equipment is mobile and must fit in enclosed spaces. It must fit into existing and future enclosures, mobile vehicle platforms, and in confined spaces in which a the TUAS cannot land outside of the landing ring due to the terrain, obstruction or confined/crowded areas.

FAA Airworthiness Qualification Level 3 (AQL3) certification ensures better quality control, airborne stability and performance of an TUAS. This is a standard adopted by the US Army for their UAS programs to provide a higher safety standard for UAS. This is also a requirement to maintain higher safety performance standards from a manufacturer.

The ability to handle two separate payloads is critical to this procurement. The Hoverfly SPECTRE is designed around the tactical mesh radio that we currently use. It is powered through the TUAS, which will maintain tactical mesh radio coverage indefinitely. (as long as power is provided to the TUAS) This model also contained a PTZ optical sensor that is mounted separately and can be replace with additional optical sensors. The two separate payload areas are capable of handle different payloads and call can be powered via the TUAS. These options are a requirement for the use of multiple optical sensors and tactical mesh transceivers. This is the only model of TUAS that has all the requirements listed in the SOW. Market research, including multiple vendor demonstrations, trade shows, discussions with other Federal partners and FAA licensed UAS pilots throughout the country it has been determined that this is the only model of TUAS that will meet all the requirements listed in the SOW.

Other vendors have not met the SOW requirements. This includes the sizing dimensions, power requirements, landing requirements, autonomous controls for takeoff/landing, Dual sensor/tactical mesh pods/ attachments requirements, and FAA Airworthiness requirements.

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

Market Research conducted by this agency has been exhaustive. This includes vendor demonstrations by multiple vendors over the past two (2) years. There are two (2) small businesses that are able procure these UAS for the ATF: Flymotion LLC and Hoverfly Technologies Inc. A notice will be publicized as required by FAR 5.2.

7. The anticipated dollar value of the proposed acquisition, including options if applicable, and a determination by the contracting officer that the anticipated cost to the government will be fair and reasonable.

The contracting officer determines that the anticipated prices will be fair and reasonable based on the technical evaluation of TUAS products through exhaustive market research methods. Fair and reasonable price based upon market research from the open market and NASA Solutions f or Enterprise-Wide Procurement (SEWP). The anticipated dollar amount is $842,000.00 based on IGCE and the market research. No options will be applicable.

8. A description of the market research conducted and the results or the reason market research was not conducted.

https://www.acquisition.gov/far/part-5#FAR_Subpart_5_2 https://www.acquisition.gov/far/part-5#FAR_5_202

Market Research was conducted via internet searches, trade shows, attending Agency requested demonstrations and discussions with other federal agencies TUAS programs. A tour and demonstration of the Hoverfly US based manufacturing facilities demonstrated its unique capabilities. It also met all the requirements stated in the SOW. Including the size, power requirement, and American made requirements. Several vendors did not demonstrate the ability of their product to perform to meet the SOW stated requirements.

9. Any other facts supporting the use of other than full and open competition.

AQL3 certification was a condition of the procurement. No other vendor met this requirement in conjunction with the requirements listed in the SOW

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

NA

11. A statement of any actions the agency will take to remove or overcome any future barriers to competition.

Significant efforts were made to counter any reasonable barrier/complaint. Market Research has been conducted to alleviate competition concerns.

12. Certifications.

Co-Prepared by:

As the Contracting Officer’s Representative (COR) or Government’s Technical Representative (GTR), I certify the above information is accurate to the best of my knowledge and contains complete data/information necessary to support the recommendation and the basis for this justification.

Jodi Davis Date

COR/POC

Technical Operation Branch

As the Contracts Specialist, I reviewed the information presented above by the program office, this information is complete and accurate to the best of my knowledge. I recommend to the Contracting Officer it is in the best interest of the US Government to pursue other than full and open competition for this requirement.

David Berger Date Contract Specialist Acquisition Management Division

Reviewed by:

As the Contracting Officer and based on the information presented by the program office, the information is complete and accurate to the best of my knowledge, and it is in the best interest of the US Government to pursue other than full and open competition for this requirement.

Charles Strickland Date Contracting Officer

Robert “Jordan” Alley1 Procurement and Contracts Attorney Office of Chief Counsel

Date

Approved by:

Charles Strickland2 Date Contracting Officer

I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief. Recommend approval at all levels exceeding $750K.

Jim Huff3 Date Bureau Procurement Chief

1 For all actions over $500K, OCC review is required.

2 CO is the final approval for all actions $750K and below.

3 For all actions over $750K, BPC review is required.

As the ATF Competition Advocate, I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief. Since this JOFOC does not exceed $15M, this review serves as approval.

Franco Frandé4 Date Bureau’s Competition Advocate Assistant Director (AD)– Office of Management

4 CA is the final approval for all actions above $750K but not exceeding the $15M threshold.