signed G 26-012 Justification FAR Part 12 DRONIVO Ebee Vision rvsd(edits)_Legal opion (edit 3)-signed.pdf

CUI//SP-PROCURE//FEDCON

Control Number: G 26-012

JUNE 2025

JUSTIFICATION REVIEW DOCUMENT

FAR Part 12 Justification and Approval

Program/Equipment: EAGLE NXT eBee VISON Unmanned Aerial Systems (sUAS)

Authority: The statutory authority permitting other than full and open competition for this acquisition is 41 U.S.C. 1901, as implemented by FAR 12.102 (Restricting competition) under the authority of the simplified acquisition threshold (SAT). This authority applies to acquisitions of contracted support services / items valued up to $9 million where limiting competition is justified. Accordingly, this justification for limiting competition is prepared in accordance with FAR 12.102 (Restricting competition) and 12.201-1 (Simplified procedures).

Amount: The estimated total value of the Blanket Purchase Agreement order is €870,810.00/$936,052.88, which includes the following components:

a. 15x eBee VISION sUAS

b. 6x eBee VISION Ground Control Stations (GCS)

c. 10x Dronivo Pilot Training Sessions

d. Associated Instruction and Training Materials

Prepared by:

Typed Name: CPT Aisha Absi DSN: 599-008 Title: Deputy RS4 Date: 24 March 2026 E-mail: aisha.a.absi.mil@army.mil

Contracting Officer:

Typed Name: Debbie Frankovich DSN: 314-526-8734 Title: Division Chief, Supply/Svcs Date: 24 March 2026 E-mail: Debbie.c.frankovich.civ@army.mil

Technical and Requirements Representative:

Typed Name: CPT Aisha Absi DSN: 599-008 Title: Deputy RS4 Date: 24 March 2026 E-mail: aisha.a.absi.mil@army.mil

Reviews: I have reviewed this justification and find it adequate to support other than full and open competition

Legal Counsel:

Typed Name: Mr. Kenneth J. Rich DSN:314-526-8740 E-mail: Kenneth.j.rich2.civ@army.mil

Digital Signature: ___________________________

JUNE 2025

FAR Part 12 Justification and Approval

Acquisition of Commercial Products and Commercial Service 1. Contracting Activity: The Contracting Activity responsible for this action is the 409th Contracting Support Brigade (CSB), 928th Contracting Battalion (CBN) - Regional Contracting Office (RCO) Bavaria in support of 2d Cavalry Regiment (2CR).

2. Description of Action: This Justification and Approval (J&A) is for a new Sole Source Blanket Purchase Agreement (BPA) order to foreign vendor: DRONIVO GMBH, Giulinistraße 2, S07 67065 Ludwigshafen, Germany, BPA number W912PB-26-A-A002.

The order will be awarded under the authority of the 41 U.S.C. 1901, as implemented in FAR 12.102 (Restricting competition) and 12.201-1 (Simplified procedures) FAR 12.201-1 Simplified procedures (41 U.S.C. 1901). The estimated total value of the contract is€870,810.00/$936,052.88 and will be funded with Army Operations and Maintenance (O&M) funds.

3. Description of Supplies/Services: Endurance: ≥90 minutes, Range: 15–40 km Payloads: EO/IR/Thermal, optional EW collect, Frequencies: Documented, encrypted Portability: ≤3 Soldiers, Cost: ≤$50,000, Compliance: DIU Blue List required

4. Key Features and Capabilities: Fill the ISR gap between short-range FPV and Brigade ISR assets · Sustain ≥90 minutes of endurance and ≥15 km range Operate on non-PRC encrypted frequencies (900 MHz, 2.4 GHz) Be three-Soldier portable and cost less than $50K Carry EO, IR, thermal, and optional EW payloads

5. Development and Availability The drone's development incorporated direct input from real-world combat experiences, including testing prototypes under battlefield conditions in Ukraine. It is compliant with Blue UAS and NDAA requirements, ensuring it meets strict cybersecurity and supply chain standards without components of Chinese origin. As a direct result of this urgency, and confirmed through extensive market research, DRONIVO GmbH is the only responsible source capable of satisfying the agency's requirements. This is based on the convergence of three unavoidable constraints:

a. A Specific Technical Requirement: The mission requires the salient characteristics of the EAGLE NXT eBee VISON model. Alternative models offered by other vendors (e.g., the VESPER) were deemed technically unacceptable, and others (e.g., the SKYDIO) are on the prohibited list with OMA funds.

b. An Unacceptable Delivery Delay from All Other Sources: Other vendors capable of sourcing the correct model quoted a excessive lead time of four (4) to five (5) months due to the requirement to secure export licenses for delivery to Germany. This delay would directly result in mission failure.

JUNE 2025

c. A Unique Logistical Advantage: DRONIVO, as an authorized dealer for eBee VISION systems located in Germany, is the only vendor that can provide the specific, technically acceptable system within the mission's critical timeline without being subject to the multi-month export delay.

Disapproval of this justification would force the agency to either procure an unsuitable system or endure an unacceptable delay that would negatively impact operational readiness and the execution of the mission.

6. Authority Cited: The statutory authority permitting other than full and open competition for this acquisition is 41 U.S.C. 1901, as implemented by FAR 12.102 (Restricting competition) under the authority of the simplified acquisition threshold (SAT). This authority applies to acquisitions of contracted support services / items valued up to $9 million where limiting competition is justified. Accordingly, the Blanket Purchase Agreement (BPA) order will be awarded as a sole-source requirement under the authority of the FAR 12.102 (Restricting competition) and 12.201-1 (Simplified procedures).

7. Reason for Authority Cited: The agency has an unusual and compelling urgent need to procure the EAGLE NXT eBee VISON sUAS to support a critical and time-sensitive mission. A delay in equipping our forces would result in an unacceptable operational readiness gap and cause serious injury to the Government's mission. The normal procurement and delivery cycle, estimated at four to five months through standard competition, is unacceptable.

8. DRONIVO is the only identified source capable of providing the specific Ebee Vision model that meets the Government's technical requirements and urgent delivery schedule. Other vendors contacted either offered different drone models that are unsuitable for the mission or quoted unacceptable delivery times of four to five months.

DRONIVO has the required item available for prompt delivery, making it the only source that can satisfy this requirement in the required timeframe.

a. Background: The requiring activity has an urgent need for ebee Vision to support its mission. The specific specifications of this model are essential for operational success. Market research identified several potential drone suppliers, but upon inquiry, it was determined that none could meet the Government's specific needs except for DRONIVO. It is noted that Steven D. Mathias VP Global Sales and Business Development EagleNXT, provided written confirmation, Subject: Manufacturer Authorization – Exclusive Dealer for eBee VISION in Germany, that DRONIVO, located at Giulinistraße 2, S07, 67065 Ludwigshafen, Germany, is hereby authorized as the exclusive dealer and distributor for eBee VISION systems in Germany. Other vendors either did not carry the specific Ebee Vision model or were not considered as having exclusive rights to distribute the supplies. DRONIVO is the only identified vendor that can provide the exact model required within the Government's delivery timeline.

JUNE 2025

b. Alternatives: The primary alternative considered was procuring a similar system from other vendors. This was deemed not viable for the following reasons:

c. Unsuitable Products: Other vendors offered different drone systems that do not meet the salient technical characteristics and specifications required for the mission.

d. Unacceptable Delays: Vendors who could potentially source the correct model quoted delivery timelines of four to five months. Such a delay is unacceptable and would negatively impact mission readiness.

e. In-house development is not an option due to the lack of technical expertise and the urgent need for the equipment.

Impact if not approved: Disapproval of this justification would result in an unacceptable delay of four to five months in acquiring mission-essential equipment. This would force the agency to either procure an unsuitable system that fails to meet critical needs or endure a significant delay that would negatively impact operational readiness and the execution of the mission

9. Efforts to Obtain Competition: Efforts to solicit offers from as many sources as practicable were conducted through the Simplified Acquisition Threshold Supply Procurement Program (S2P2). This market research confirmed that no other source could meet the Government's required delivery schedule. A notice of the sole-source award will be published following the action. Subcontracting opportunities are not anticipated as this is procurement for a specific Commercial-Off-The-Shelf (COTS) item.

10. Actions to Increase Competition: To increase competition for subsequent acquisitions, the requiring activity will conduct earlier and more proactive market research and requirements analysis for future, similar requirements. By identifying needs further in advance, acquisition timelines can be structured to accommodate longer lead times from a wider range of vendors.

11. Market Research: Market research was conducted through the S2P2 program and confirmed DRONIVO is the only source capable of satisfying the Government's urgent requirement. The research revealed:

a. Unsuitable Alternatives: Vantage Robotics offered their VESPER drone, which does not meet the salient technical characteristics required.

b. The Astro Max sUAS was considered but does not meet the minimum specifications required by the MRR ONS. It is a shorter-range quadcopter option suited for Short Range Reconnaissance (SRR), not the fixed-wing platform required for the MRR mission. Likewise, the VESPER drone offered by Vantage Robotics was also found to be technically unsuitable.

JUNE 2025

c. Prohibited Items: ADS submitted an offer for a SKYDIO drone, which is on the prohibited list to be procured with OMA funds.

d. Unacceptable Lead Times: Another vendor (Astro Max) quote does not meet the minimum specification required by the Medium Range Reconnaissance operational needs statement.

e. Only Viable Source: DRONIVO is the authorized dealer in Germany and was the only source that could provide the technically acceptable item within the mission's critical timeline.

12. Interested Sources: During market research, vendors, including Astro Max does not meet the minimum specs required by our MRR ONS, it is a shorter range quadcopter option better suited to the SRR world rather than the fixed wing options required for our MRRs.er, as detailed above, none were able to meet the Government's specific technical needs and delivery schedule. To date, no other sources have written to express an interest in the acquisition or demonstrated the capability to provide the required Ebee Vison within the necessary timeframe.

13. Other Facts: The primary fact supporting this justification is the unusual and compelling urgency of the requirement. Ebee Vision provides a critical capability needed for an immediate mission, and a delay in procurement would negatively impact operational readiness. DRONIVO GMBH is the only vendor that can satisfy this urgent need because they have the specific system in stock and can deliver it promptly, avoiding the four to five-month delay associated with export licensing faced by other vendors. The combination of a specific, technically required model and an urgent delivery timeline makes DRONIVO GMBH the only viable source at this time.

Procurement history. This review confirmed that this is a new requirement for the agency. There is no procurement history for this specific supply. As this is the initial acquisition, a table of previous contract information cannot be provided.

While the primary facts have been stated throughout this document, it is the unique convergence of these facts that ultimately justifies limiting competition. This acquisition is not being limited due to a lack of market research or a preference for one vendor.

Instead, the sole-source justification is a direct result of three simultaneous and unavoidable constraints:

a. A Specific Technical Requirement: The mission requires the salient characteristics of the Ebee Vision model specifically. Alternative models offered by other vendors, such as the VESPER or the prohibited SKYDIO, were deemed technically unacceptable.

b. A Compelling Urgency: The operational need for this capability is immediate. A delivery delay of four to five months, as quoted by other potential vendors, would result in an unacceptable impact on mission readiness.

JUNE 2025

c. A Logistical Barrier: The requirement for delivery in Germany introduces a significant logistical hurdle for vendors outside the country, namely the multi-month delay required to secure export licenses.

DRONIVO GMBH is the only vendor identified that simultaneously meets the specific technical requirement, can overcome the logistical barrier of delivery to Germany, and can satisfy the Government's urgent delivery schedule to support Saber Strike 26 starting on 23 April 2026. The combination of these factors, confirmed through extensive market research, makes limiting competition a necessity.

Technical and 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.

Digital Signature:

Typed Name: CPT Aisha Abs Title: Deputy RS4, 2CR

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

Typed Name: Debbie Frankovich Title: Contracting Officer

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

Title: Contracting Officer

Approval

Based on the foregoing justification, I hereby approve the procurement of EAGLE NXT eBee VISON model on an other than full and open competition basis pursuant to the authority of Title 41 U.S.C. §1901(e)(2) as implemented in FAR 12.102, Restricting Competition (including brand name) and 12.201-1 (Simplified procedures) The estimated value of the BPA order is $870,810.00. The approval is subject to availability

JUNE 2025

of funds, and provided that the supplies and/or services herein described have otherwise been authorized for this acquisition.

Title: Contracting Officer