JUSTIFICATION.pdf

DEPARTMENT OF TRANSPORTATION

FEDERAL HIGHWAY ADMINISTRATION

EASTERN FEDERAL LANDS HIGHWAY DIVISION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(BRAND NAME)

1. Identification of the agency and the contracting activity

Federal Highway Administration, Eastern Federal Lands Highway Division, 22001 Loudoun County Pkwy, Building E, Suite 200

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

Brand Name Justification and approval to use other than full and open competition to award a contract for an Unmanned Aircraft System (UAS) with Lidar Survey System.

3. Description of the supplies or services required to meet the agency’s needs (including the estimated value)

Delivery of a Freefly Alta X UAS platform, a Yellowscan VX20-300 Integrated System Lidar Unit platform, calibration of the two systems, software to process the data, and training on both the unmanned aircraft system and the processing software. The total estimated amount of this anticipated contract is $243,000.00, to be expended over a 6-month period of performance.

4. Statutory authority permitting other than full and open competition

The authority to enter into a contract for this effort without full and open competition is FAR Subpart 13.5 (Simplified Procedures for Certain Commercial Products and Commercial Services) in accordance with 41 U.S.C.1901

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

Only two UAS platforms exist that meet the agencies legal, statutory, and physical needs.

(See Department of Defense’s Defense Innovation Unit (DoD DIU) “BlueList” https://www.diu.mil/blue-uas-cleared-list). Of these platforms, only the Freefly ensures interoperability and redundancy within FLH following the “One Federal Lands” initiative, as CFL and WFL operates the same platform.

In regard to the Yellowscan VX20-300 Integrated System Lidar Unit platform, of these platforms the VX20-300 is one of only a few NDAA compliant systems and the system ensures interoperability and redundancy within FLH following the “One Federal Lands” initiative, as CFL and WFL operates the same company Lidar units and software.

6. 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

Solicitation shall be made via the Government Point of Entry (SAM.gov) in accordance with FAR Subpart 5.1.

7. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable

The FHWA will ensure that all costs associated with the proposed contract are fair and reasonable. The FHWA will perform a thorough analysis of the Offeror’s proposal to substantiate this determination.

8. Description of the market research conducted and the results or a statement of the reason market research was not conducted

• Conducted an exhaustive online search.

• Reached out to the vendor who provided CFL and WFL their platform for information.

• Reached out to the only other vendor in the US for these systems.

• Discussed details with Inspired Flight personnel.

• Reviewed the specifications and literature potential UAS platforms and potential LiDAR platforms.

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

The FHWA UAS program is bound by the following limitations:

• Federal Aviation Administration small UAS rules (Part 107) o Size and weight restrictions

• National Defense Authorization Act o Limiting federal purchase and use of UAS from prohibited countries

• FHWA UAS Policy o Limiting federal purchase and use of UAS to the DOD DIU Bluelist to ensure NDAA compliance.

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

Frontier Precision in Seattle, WA assisted by provided market research information and pricing to fulfil the requirement.

Duncan-Parnell, Inc. in Morrisville, NC

11. 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.

Competition is limited due to the nature of the acquisition, and the laws, statues, and policies surrounding federal UAS purchasing and use. Due to this limitation as described in paragraphs 5 and 9, future procurements will be handled on a case-by-case basis.

12. Certification

I certify that the information provided in this justification is complete and accurate to the best of my knowledge and belief.

Based upon the preceding information, I hereby recommend approval of this Justification for Other than Full and Open Competition to award a contract for an Unmanned Aircraft System (UAS).