Tab 4d_JnA Limited-Sources Justification for FAR 8.4.pdf

Limited-Sources Justification

Pursuant to the Multiple Award Schedule Program (as authorized by 40 U.S.C. § 501), this justification is prepared in accordance with the requirements of Federal Acquisition Regulation (FAR) 8.405-6(c) for the use of sources limited to fewer than those required in FAR 8.405-1, FAR 8.405-2, and FAR 8.405-3. The circumstance justifying restriction is FAR 8.405-6(b)(1) through the following facts and rationale:

(1) Agency and Contracting Activity.

The Department of Homeland Security, United States Coast Guard (USCG), Office of Contract Operations (CG-912) proposes to enter into an order on the basis of a limited-sources justification.

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

(a) Nature of action: USCG small Unmanned Aviation Systems (sUAS), Skydio X2

(b) Name and address of the contractor: 621 Lynnhaven Pkwy Ste 160 Virginia Beach, VA 23452

(c) Contract type: Firm-Fixed-Price

(d) Estimated total value (including options): Order value is $88,450.62

(e) Type of funding: Operations and support funds

(f) Year of funding: Fiscal Year 2023

(g) Solicitation number: N/A

(h) Background information about the requirement: DHS and its Components require a supplemental airborne reconnaissance, surveillance, and tracking capability to enhance situational awareness for field commanders and agents in areas that lack nearby traditional surveillance systems or available manned air support. Blue sUAS offers the requirements needed to meet the mission of DHS and its Components.

(3) Description of Supplies/Services.

The requirement is to provide the USCG with the capability to all statutory missions of the USCG, including but not limited to surveillance for law enforcement (LE), search and rescue (SAR), aids to navigation (ATON), investigations, civil engineering inspections, pre and post storm assessments, training, and any other mission that requires overhead, high-definition day or infrared imagery.

(4) Identification of the justification and the rationale.

Pursuant to FAR 8.405-6(b)(1) the particular brand name product is essential to meet the Government’s requirements, and the market research indicated that other companies’ with similar products lack the particular feature and do not meet and cannot be modified to meet the Government’s requirements.

USCG intends to procure a brand name specification for Parrot Anafi USA Mil in accordance with FAR 8.405-6(b), the particular brand name product is capable of providing the sUAS because the product, Skydio X2D is unique and highly specialized based on the compliance with Section 848 of the National Defense Authorization Act for Fiscal Year 2020. The Department of Defense (DoD) Defense Innovation Unit (DIU) was tasked to develop a list of “trusted” drone options for DoD and Federal Government partners. In addition, this product is in accordance with DHS Policy Memorandum 119-08 and the DHS sUAS Cybersecurity Guidance. In addition, the other two products Teal and Vantage have limited capabilities, point and shoot machine with no additional features.

Furthermore, this product requires authority to operate (ATO). The USCG has sought an ATO based on reciprocity for two of the systems DIU evaluated. This is based on specific capabilities of the evaluated UAS, actual procurement availability and most importantly, the ATO itself. The two systems the USCG seeks are contained within the same ATO package, reducing the amount of workload on our cyber forces. The following product meets the need of USCG operators and are the only two products we are receiving an ATO for. Other “Blue” UAS do not have a USCG ATO and therefore are not authorized for operational use within the USCG.

(5) Determination by the ordering activity Contracting Officer that the anticipated order represents the best value consistent with 8.404(d).

The Contracting Officer has determined that issuing the proposed call order to W.S. Darley & CO.

represents the best value and will result in the lowest overall cost alternative, considering price and administrative costs, to meet the Government’s needs. Additionally, the total price is reasonable based on the fact that DHS has established four (4) Blanket Purchase Agreements (BPAs), which allows all DHS components to procure sUAS, their accessories, and associated parts and services.

(6) A description of the market research conducted among schedule holders and the results or a statement of the reason market research was not conducted.

Market research was conducted by DIU for the purpose to identify potential sources, cyber analysis, demonstration and testing. Through DIU’s research it has identified the “Blue” UAS, which is commercial American-made product and also meets the strict cybersecurity requirements. At the moment, only 4 products meet this criteria for sUAS, each with different capabilities. In addition, DHS established an Initial Planning Team (IPT) to develop 4 strategic source contracts for the procurement of sUAS. The sUAS on these BPAs have been evaluated and approved by DoD DIU and are in accordance with DHS Policy Memorandum 119-08 and the DHS sUAS Cybersecurity Guidance and Aviation Governance Board (AGB

(7) Any other facts supporting the justification.

There are no additional facts at the moment.

(8) A statement of actions, if any, the agency may take to remove or overcome any barriers that preclude the agency from meeting the requirements of 8.405-1 and 8.405-2 before any subsequent acquisition for the supplies or services is made.

The Government will continue to identify ways to increase competition. However, at the moment, there are limit products in the commercial marketplace that meets the strict requirements of DoD and DHS cybersecurity.

(9) Contracting Officer’s Certification.

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Name Date Contracting Officer

(10) Technical/Requirements Personnel Certification.

I certify that this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for the justification, is accurate and complete.

Name Date Technical Representative/COR

APPROVAL:

Name Date Contracting Officer