Sole Source Justification (SSJ)_SKYEYE System Posting_Redacted.pdf

SOLE SOURCE JUSTIFICATION (SSJ) UNDER SIMPLIFIED PROCEDURES FOR

CERTAIN COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

GREATER THAN SAT BUT NOT EXCEEDING $7.5 MILLION

FAR 13.501

May 2025 1

Sole source procurements should only be used when competitive solicitation procedures are not applicable to the requirement or are impracticable. Please remember, that contracting without promoting competition to the maximum extent practicable cannot be justified due to a lack of advance planning by the requiring activity or concerns related to the amount of funds available.

This document shall not be used for Federal Supply Schedule acquisitions.

1. Identification of the agency and the contracting activity, and specific identification of the document as a Justification for Other than Full and Open Competition.

Agency: Drug Enforcement Administration (DEA)

Contracting Activity Processing the Requirement: Office of Acquisition (FA)

Name of Organization Originating the Requirement: Office of Investigative Technology (ST)/Operational Support Unit (STSO)

Identification Number (purchase request/solicitation number):

2. The nature and description of the action being approved (e.g., new award, modification, follow-on to previous procurement, et.al.).

The subject action is a new award procurement for the purchase of 16 SkyCope Technologies' SkyEye Long Range systems. The SkyEye system is a stationary passive detector system of radio-frequency signal providing zero emissions, 35KM+ and full 360 degree in detection range. The SkyEye system provides the industry leading library coverage of more than 405+ different drones, remote controllers, drone-telemetry and FPV models and meets the DEA's 6USC 124N Status compliant providing direction Finding with Unique Identification SkyEye provides protocol name, unique identification, direction and proximity for all major commercial drones and ground controller stations irrespective of the existence of any geo-location or remote ID packet and AI - Classification for FPV, Do-It-Yourself (DIY) and modified drones that can operate wideband from 400MHz to 6GHz and direction finding with proximity information is available 2G - 6GHz.

3. A description of the supplies or services required to meet the agency's needs.

The Government intends to purchase SkyEye Long Range all-in-one System in support of DEA's Counter- Unmanned Aerial operations under Title 21 of the United States Code (USC) Controlled Substances Act.

Total estimated value inclusive of all options:

Period of performance or final delivery date:

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4. An identification of the statutory authority permitting other than competition to the maximum extent practicable.

The simplified acquisition threshold is defined in FAR 2.101. Per FAR 6.001, acquisitions of certain commercial items exceeding the simplified acquisition threshold and conducted using simplified acquisition procedures as authorized by FAR 13.501 are exempt from the requirement to promote full and open competition. Such acquisitions must promote competition to the maximum extent practicable as required by 41 U.S.C. 1901 and FAR 13.104. Because this acquisition will be conducted without promoting competition to the maximum extent practicable, this justification is prepared for review and approval in accordance with FAR 13.106-1(b)(2) and 13.501(a).

Check the appropriate box. Only one box may be checked.

41 U.S.C. 1901, FAR 13.501(a) exceeding the simplified acquisition threshold; or

41 U.S.C. 1903, FAR 13.501(a) emergency procurement (up to $750K within the United States and up to $1.5Million outside the United States)

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

The Government intends to award a contract to SkyCope Technologies for SkyEye Long Range Systems in accordance with FAR 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements. SkyCope Technologies is the developer, original equipment manufacturer, and only reseller of the SkyEye C-UAS system. The SkyEye Long Range C-UAS System with Remote ID is the only product that has an approved ATU and meets the multiple DEA requirements of long range detection, unique and proprietary Friend or Foe recognition, identification of both the drone and controller, simultaneous multiple drone (swarm) detection, and drone library coverage with testing of over 450 models (the largest available on the commercial marketplace) in a manner that allows modularity to uniquely customize and upgrade individual units and the GUI per mission set. SkyCope displayed technical superiority over other sources to tailor and upgrade their system to DEA’s unique mission requirements. Based on the salient characteristics of the SkyEye system, SkyCope Technologies is the only vendor capable of provided the necessary product to meet the Government's requirement and therefore will be awarded a contract on a sole source basis.

6. A 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 as required by Subpart 5.2 and, if not, which exception under 5.202 applies.

The DEA C-UAS team participated in significant market research regarding the salient characteristics of the available C-UAS systems on the market. Based on the understanding of the current C-UAS market capabilities and the , the DEA does not intent to solicit this action to any other vendor other than SkyCope Technologies.

However, in accordance with FAR 5.201, the subject requirement will be publicized via the Government Point of Entry for a maximum of 15 days in accordance with FAR 6.3 Other than Full and Open Competition exemption FAR 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements. This requirement does not meet any of the exemptions of FAR 5.202. The DEA C-UAS team has determined the SkyEye Long Range system with Remote ID is the only portable system that meets the needs of the DEA. Therefore, DEA intends to execute the subject requirement on a sole source basis and will not solicit via an open market.

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7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer is responsible for determining prices fair and reasonable in accordance with the FAR.

The price proposed per unit, while established based on proprietary and unique attributes are in line with other C-UAS systems that can be purchased on the commercial marketplace. Based on a review of available prices for system within the same scope, the quoted price for the SkyEye system are considered fair and reasonable.

8. A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

The DEA C-UAS team participated in significant market research regarding the salient characteristics of the available C-UAS systems including attending conferences, seminars and vendor demonstrations to compare hardware and software specifications, maintenance issues, support teams, vendor deliver-ability, vendor integrity, and price points. DEA subject matter experts participated in the year long Research, Testing, Training and Evaluation (RTTE) process in which the DEA coordinated with the Mid Atlantic Aviation Partnership (MAAP) of Virginia Tech to test and integrate multiple C-UAS systems under real world conditions (This facility is a Federal Aviation Administration (FAA) designated test site so it is exempt from many of the restrictions normally imposed on drone flying and testing). The DEA C-UAS team also completed reviews of available catalogs, performed searches via the Dynamic Small Business Search tool, the Internet, and other acquisitions across DoJ. The DEA C-UAS team has determined the SkyEye Long Range system with Remote ID is the only portable system that meets the needs of the DEA. Therefore, DEA intends to execute the subject requirement on a sole source basis.

9. Any other facts supporting the use of other than competition to the maximum extent practicable, such as:

i. Explanation of why technical data packages, specifications, engineering descriptions, statements of work, or purchase descriptions suitable for full and open competition have not been developed or are not available.

The proprietary system sold by SkyCope Technologies is a all-in-one system available on the commercial marketplace. Following extensive market research, the Government has determined that a defined specifications or data package is not applicable as the system is proprietary defining technical data packages would not be in the benefit of the Government as there is only one vendor that can meet the requirement.

ii. When the acquisition is a result in a follow-on acquisition for the continued development or production of a major system or highly specialized equipment, an estimate of the cost to the Government that would be duplicated and how the estimate was derived.

N/A

May 2025 4

iii. When the justification is based on an urgent and compelling requirement, cite data, estimated cost, or other rationale as to the extent and nature of the harm to the Government.

iv. When the justification is for brand name, explain why the particular brand is the only brand that can satisfy the Government’s need. Include in the explanation why other brands do not meet the Government’s requirement.

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

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made.

GREATER THAN SAT BUT NOT EXCEEDING $7.5 MILLION

FAR 13.501

May 2025 5

Certifications

I hereby certify that I have no financial interests of the sort addressed in subpart D of 5 CFR § 2635 that may give the appearance of a conflict of interest in regards to this Justification.

I hereby certify that I have no personal or business relationships or interests of the sort addressed in 5 CFR §

2635.502 that may give the appearance of a conflict of interest in regards to this Justification.

Requesting Official Date _______________ Signature & Title

“I hereby certify that the description of the requirement meets the Government’s minimum needs and that the technical data and supporting information, which form the basis for this Sole Source Justification are accurate and complete to the best of my knowledge and belief.”

I hereby certify that I have no financial interests of the sort addressed in subpart D of 5 CFR § 2635 that may give the appearance of a conflict of interest in regards to this Justification.

I hereby certify that I have no personal or business relationships or interests of the sort addressed in 5 CFR §

2635.502 that may give the appearance of a conflict of interest in regards to this Justification.

Requesting Office Technical Point of Contact Date _______________ Signature & Title

“I hereby certify that this Sole Source Justification is accurate and complete to the best of my knowledge and belief.”

Contract Specialist Date __ Signature

Contracting Officer Dat _ Signature

08/22/2025

08/22/2025

GREATER THAN SAT BUT NOT EXCEEDING $7.5 MILLION

FAR 13.501

May 2025 6

“I have reviewed the subject contract action and find it legally sufficient for award.

Chief Counsel Legal ate (if over $750,000) Signature

Reviews and Approvals

FAC Section Chief Date _ (if over $750,000) Signature

Bureau Procurement Chief Date _ (if over $750,000 Signature per JAR 2806.304)

Competition Advocate Date _ (if over $750,000) Signature

Head of the Contracting ____________________________________Date _______________ Activity (if over $15M) Signature

DOJ Competition Advocate ____________________________________Date _______________ (if over $75M) Signature

Senior Procurement ____________________________________Date _______________ Executive (if over $75M) Signature