JA Sole Source 10th SFG Drone Trng.pdf

CUI//SP-PROCURE//FEDCON

Control No: FC-23-24

CUI//SP-PROCURE//FEDCON

May 2023

Memorandum for Record – Limiting Competition at or below the Simplified Acquisition Threshold

1. Contracting Activity: Mission Installation Contracting Command- Fort Carson Colorado

2. Description of Action: 10th SFG(A), 2nd Bn Drone/ Mobility Training

Nature: ☒New Requirement ☐ Follow-on Requirement

Contract Vehicle: ☒ Purchase Order Number _0012103264_____________

☐ Blanket Purchase Agreement (BPA) Number _______________ ☐ Order/BPA# _______ against FSS Contract #_____ _________ ☐ Order #___________ against Multiple Award IDIQ Contract

Name or #______________ ☐ Order #_______ against a single award IDC Contract

☐ Modification # _______ to existing PO/TO/DO/Call Order

Pricing/Contract Type: ☒ Fixed Price ☐ Time & Materials/Labor Hours ☐ Cost Reimbursable ☐ Hybrid

Funds: ☒ Operations & Maintenance, Army (OMA) ☐ Other Funds: FY: 23

Name of Proposed Contractor(s) and Address:

FLYMOTION, LLC

ATTN: RYAN ENGLISH

4416 Eagle Falls PL Tampa, Florida 33619-9620

UEI: RL4AHHQTUHT3

CAGE: 7RYF8

Brand Name Buy: ☐ Yes ☒ No

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May 2023

3. Description of Services or Supplies: 10th SFG(A) is requesting a contractor to provide non-personal services on non-standard vehicle operations, evasive maneuvers, ISR in convoy operations, ISR platform build, drone employment, FPV drone operations, to include vehicles for mobility training and drones/components for drone operations. The vendor must only utilize drones whose components were manufactured and sourced in the Unites States of America.

For Actions without Options: N/A Period of Performance: 6 – 17 May 2024 Total Value: $41,821.00

4. Authority: Select the appropriate authority below:

☒ FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

Or, ☐ FAR 8.405-6(a)(1)(i)(A) Urgency ☐ FAR 8.405-6(a)(1)(i)(B) Only One Source is Capable ☐ FAR 8.405-6(a)(1)(i)(C) Logical Follow-on ☐ FAR 8.405-6(b)(1) Brand Name

Or, ☐ FAR 16.505(b)(2)(i)(A) Urgency ☐ FAR 16.505(b)(2)(i)(B) Only One Awardee is Capable ☐ FAR 16.505(b)(2)(i)(C) Logical Follow-on ☐ FAR 16.505(b)(2)(i)(D) Minimum Guarantee ☐ FAR 16.505(a)(4) Brand Name

5. Reasons for Authority Cited:

a. This contract is designed to provide 10th Special Forces Group (Airborne) with a type of drone driving and maneuverability course as specified in the PWS. Sole sourcing is necessary for this particular mobility training requirement. 10th SFG(A) requires that the instructional service train 10th SFG 2nd Bn SM’s on driving, drone operations, and physical force protection measures (reference PWS). Through this training they

CUI//SP-PROCURE//FEDCON

May 2023 aspire to mitigate risk and enhance mission effectiveness in an OCONUS JCET environment as well as semi-permissive and hostile areas to which Special Forces Companies may deploy (in particular Ukraine) utilizing internal Detachment surveillance (Unmanned Aircraft Systems-UAS) technology.

b. The MICC Contracting Specialist queried sam.gov for vendors with active registration who showed potential to provide the requested drone and mobility instruction and had active sam registration. At least six (6) vendors showed this potential and their information was sent to the RA COR to review and determine if these vendors, all with active sam registrations, would be able to provide the training satisfactorily in accordance with the PWS. Only one (1) vendor was found to be capable of performing the instructional service precisely as requested: Flymotion LLC. The RA POC detailed reasons why the other five (5) vendors were not technically capable of completing the drone training per requirements in their J&A; please reference the document ‘SFOD-A 0246 FlyMotion Training 6-17 May 24_LOJ (002)’ filed in PCF.

Generally, the following issues existed for most vendors: they lacked the technical expertise to provide instruction IAW specifications outlined in the PWS; they utilized drones manufactured in China which is against installation policies; they did not offer military solutions for training; and they did not provide training with complexities of European Theatre in mind.

c. All applicable mandatory sources of services were considered per FAR 8.002(a)(2) and it was determined that this type of service is not available per PWS specifications. Additionally, the “Drone Fighting School” at Fort Sill, Oklahoma, was reviewed but found by the RA not to be an acceptable avenue for executing the requirement given 10th SFG’s very specific drone training needs already outlined previously.

d. The impact if the training opportunity is not granted is that 10th SFG(A) 2nd Bn would lose the ability to train drone and vehicular operations prior to their validation exercise in May 2024 and SOTF 10.1 rotation, thus loosing the capability to teach and apply these critical skills. This training is part of an already approved validation pathway for 10th SFG 2nd Bn and, if denied, will greatly disrupt the ODA’s ability to apply the training to further validation events.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 ☒ do not apply due to the $ threshold, ☐ apply and will be followed, or ☐ do not apply due to an exception at 5.202.

Requirement to post justification in accordance with FAR 8.405-6(b)(3), FAR 13.105(c), or FAR 16.505(a)(4)(iii)(A)

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May 2023

☒ Action is NOT a brand name restriction and is under $250K, no posting required.

☐ Action is a brand name restriction, under $25K, no posting required.

☐ Action is a brand name restriction, over $25K. It will be redacted and posted with the solicitation.

☐ Action is a brand name restriction over $25K but will not be posted due to exception:

☐ FAR 6.305(f) ☐ FAR 8.405-6(b)(3)(iii)(A) ☐ FAR 8.405-6(b)(3)(iii)(B) ☐ FAR 8.405-6(b)(3)(iii)(C) ☐ FAR 16.505(a)(4)(iii(C)

7. Market Research: The Government conducted an internet search to locate qualified personnel. Past History, FAR Part 8 Sources, Mandatory Sources, sam.gov, DSBS, and vendor web sites themselves were all researched to get a full picture of market availability and cost.

8. Other Facts: NA

9. Technical/Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Date: See digital signature Thomas E. Joyner CPT, Contracting Officer Representative

10. Contracting Officer Certification/Approval:

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon Market Research and comparison with the IGE. The requirement is below SAT.

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May 2023

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source is in the best interest of the Government. Additionally, I approve this justification to limit competition subject to the availability of funds and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Julia E. Gomez Contracting Officer

Date: See digital signature

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