FAR Part 12 Justification for an Exception to Fair Opportunity_PCO Signed_Redacted.pdf

C

CUI/ISP-PROCURE//FEDCON

August 2026 training)

Evolv eXpedite

Software & Services

Subscription

4 Within 30 calendar days of contract award

Estimated Overall Price

The contractor shall include all shipping charges and deliver supplies F.O.B. DESTINATION to the NMUSA,.1775 Liberty Drive, Fort Belvoir, VA 22060

The contractor shall deliver all supplies within 30 calendar days of contract award.

5. Authority Cited: The authority for authorizing Other Than Full and Open Competition is Title 41 U.S.C. §1901 as implemented in Revolutionary FAR Overhaul (RFO) 12.102(a), which governs commercial acquisitions valued at or below the Simplified Acquisition Threshold (SAT) and dictates that the Contracting Officer shall document the decision and basis that only one source (or brand-name) is reasonably available to meet the Government's minimum needs.

6. Reason for Authority Cited:

a. Background: NMUSA currently utilizes the proprietary Evolv eXpress dual-lane magnetometer screening system at its primary entrance to scan incoming visitors for threat items. While the magnetometer system is functioning as intended the complementary physical bag-screening checkpoint utilizes a traditional, legacy X-ray system that has reached its end of life and is suffering frequent operational failures.

To ensure continuous public safety and protect museum personnel, NMUSA requires an AI-assisted X-ray baggage screening system that integrates directly with the existing checkpoint environment. Specifications suitable for full and open competition cannot be used because only a brand-name Evolv system can interface with NMUSA’s existing physical, software, and administrative architecture.

Uniqueness and Technical Brand Name Justification: Evolv Technologies, Inc. is the sole developer and proprietary manufacturer of Evolv eXpedite system, which is uniquely capable of satisfying NMUSA’s operational requirements for the following reasons:

1. Proprietary Software Integration: The new X-ray system must physically and digitally link with the existing Evolv eXpress magnetometers via Evolv’s proprietary Cortex and Control Center software. This configuration enables synchronized, real-time threat alerts, consolidated analytics, and a single, unified operator interface for checkpoint officers. Procuring any other brand of X-ray system would result in two isolated, non-compatible software systems running concurrently. This lack of integration would cause fragmented monitoring, zero automated threat sharing, and increased processing times.

2. AI-Assisted Operational Efficiency: Unlike traditional X-ray scanners that rely solely on continuous, fatigue-prone human interpretation of raw images, the Evolv eXpedite uses Evolv’s proprietary AI threat detection algorithm to isolate firearms, explosives, and tactical components automatically. This AI engine operates on the same core network logic as the Evolv eXpress magnetometer, ensuring mating detection sensitivity settings, rapid throughput, and a streamlined ingress flow.

3. Consolidated Training and Human Factors: The NMUSA security staff operates the security checkpoint from 0900 to 1700 Eastern Standard Time (EST), seven days a week excluding Thanksgiving (fourth Thursday in November) and Christmas (December 25th). Utilizing a unified Evolv screening architecture allows security personnel to operate a single, synchronized interface. Introducing a non-compatible, third-party system would double the training burden, create operational confusion, increase human error during high-stress alert resolution, and require additional proprietary administrative training.

4. Maintenance and Software Alignment: The Evolv system requires a four (4) year software and services subscription that includes proprietary OEM AI threat detection algorithm updates. Procuring a non-Evolv system would prevent NMUSA from leveraging consolidated OEM support, leading to disjointed maintenance schedules, and potential physical layout conflicts within the designated security checkpoint footprint.

Accordingly, the procurement of any brand other than Evolv would result in a fragmented security posture, operational delays, and would fail to meet the Government’s minimum requirement for a unified, synchronized security screening architecture.

b. Alternatives:

1. Alternative A: Suspension of Contract Support/ Non-Procurement. This alternative is unacceptable as NMUSA’s current legacy baggage scanner is failing.

Discontinuing baggage screening would compromise the safety of up to 1 million annual visitors, violating Army force protection standards.

2. Alternative B: Competitive Acquisition of a Standards, Non-AI X-ray Scanner.

Traditional scanners from other manufacturers are physically incompatible with the

Evolv Cortex environment. Procuring a separate system would require NMUSA to stand up a second, isolated software network, duplicate workstation monitors, double the operator training footprint, and accept a sever degradation in visitor throughput due to manual processing.

3. Alternative C: Complete Replacement of the Entire Checkpoint. Replacing both the functional Evolv eXpress magnetometers and the X-ray system with a third-party brand would resolve the integration issue but would cost an estimated $350,000.00, resulting in the wasteful disposal of fully functioning, Government-owned equipment.

Conclusion: The only acceptable, cost-effective alternative that maintains force protection standards is a brand-name acquisition of the Evolv eXpedite system.

c. Impact if not approved: If this justification is disapproved, NMUSA will be forced to procure a standard, non-integrated X-ray screening machine. Checkpoint operators would have to manage two separate, unlinked security screens, leading to a bottleneck at the museum’s entrance, increased visitor waiting times, and a higher probability of human error during screening alerts. Additionally, the Government would incur substantial duplicative costs in custom network integration, secondary training programs, and separate hardware maintenance.

7. Actions to Increase Competition: NMUSA will continue to conduct market research to monitor the evolution of AI-powered security screening technologies. If future competitors develop open-architecture platforms or if Evolv Technologies transitions its software systems to fully open source, non-proprietary communication protocol, NMUSA will write future security requirements around open, interoperable standards. For future replacement or modernization cycles, NMUSA will encourage competition among all qualified manufacturers to the maximum extent practicable.

8. Market Research: Pursuant to RFO FAR Part 10 (Procedures), market research was conducted in June 2026 by Zachary Evans Facility Operation Specialist. The research verified that while other manufactures (such as Rapiscan) design reliable X-ray equipment, none of which possess the proprietary source code, software architecture, or hardware interfaces required to integrate natively with the Evolv eXpress and Evolv Cortex control systems.

A Request for Information (RFI) (PANDTA-26-P-0000038438) was posted on SAM.gov. The results were as follows:

• Two vendors responded with the ability to provide the required X-ray machine.

o Golden Ratio Management Corporation (Small Business) o NetGuard360 LLC (Small Business)

Of the two capable vendors, both Golden Ratio Management Corporation and NetGuard360 LLC, are small businesses, supporting a 100% small business set-aside on SAM.gov. Because Evolv is a brand-name requirement and only authorized resellers can provide the required equipment, ACC-DTA will procure this action as a brand name purchase order on SAM.gov.

A RFI (1826774) was also posted on the General Services Administration (GSA) website. The results were as dollows:

• Zero vendors responded with the ability to provide the required X-ray machine via existing GSA schedules, confirming that a public solicitation on SAM.gov is the appropriate procurement method.

9. Other Facts:

a. Procurement History: Reasonable efforts have been made to retrieve procurement history records for security screening equipment at NMUSA.

• Competitive Status: The initial acquisition of the Evolv eXpress magnetometer (Contract W56HZV-21-C-L356) was a contract modification to the Facilities and Grounds contract.

12. Fair and Reasonable Cost Determination: I hereby determine that the anticipated price/cost to the Government for this contract action will be fair and reasonable. This determination will be made using price analysis techniques in accordance with FAR 15.404-1. The Contracting Officer will compare competitive quotes received from authorized resellers responding to the solicitation, review GSA/Schedule pricing lists, and evaluate the non-binding budgetary estimates and

Contract # Contractor Procurement Method

Amount Period of Performance

W56HZV-21-C-

L356

Copper River Infrastructure Services

Contract Modification

Sept 22, 2023 historical pricing during the market survey of Evolv systems. Certified cost or pricing data will not be required in accordance with the commercial item exception outlined in FAR 15.403-1(b)(3).

13. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Printed Name: Elida Kellezi Signature: //EK// Title: Contracting Officer Date: 8/21/2026

Printed Name: Elida Kellezi Signature: //EK// Title: Contracting Officer Date: 8/21/2026

APPROVAL

Based on the foregoing justification, I hereby approve the procurement of brand name Evolv eXpedite X-Ray machine being procured in the estimated amount of $ IAW RFO FAR 12.102(a), subject to availability of funds, and provided that the supplies or services herein described have otherwise been authorized for acquisition.

CUI//SP-PROCURE//FEDCON

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