UAV - JA_FINAL_Signed Redacted__.pdf

DEPARTMENT OF THE NAVY

NAVAL SURFACE WARFARE CENTER INDIAN HEAD

3767 STRAUSS AVENUE

SUITE 201

INDIAN HEAD, MD 20640-5150

J&A Number: FY22-MAR25-83 Code: 022KS

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION

1. Contracting Activity

Naval Surface Warfare Center Indian Head Division (NSWC IHD), Contracts Division 022.

2. Description of the Action Being Approved

This requirement will be a Firm Fixed Price (FFP) sole source contract to support the FLIR Skyraider R80D Unmanned Ariel Vehicles (UAV) and PDK Kits, which will be utilized as platforms for the integration of various payload configurations to support Department of Defense (DoD) Research and Development efforts.

The prime contractor for this effort is:

FLIR Detection 7055 Troy Hill Drive Elkridge, MD 21043

3. Description of Supplies/Services

The Government has a requirement to procure three (3) FLIR Skyraider R80D Unmanned Aerial Vehicle (UAV) kits and six

(6) PDK kits in the base year with three, twelve month options to procure additional quantities, if exercised to procure two (2)additional UAV kits and four (4)PDK kits each year for a total estimated contract ceiling of $954,210.00.

The Skyraider UAVs are unique in that they were designed and manufactured by FLIR for sale specifically to the DoD and other federal government agencies. Subsequently, they are not categorized as commercial products available to the general public making them significantly more secure for defense related applications. Additionally, Skyraider UAVs are manufactured in accordance with requirements of the 2020 NDAA Unmanned Aerial System (UAS) drone act, which has

J&A Number: FY22-MAR25-83 specific restrictions on the origin of critical UAV components allowed in the manufacture UAS that are to be used by the elements of the DoD and the Federal government.

During the development of the UAV platform, it was subjected to intense cyber vulnerability assessments and determined to be safe for Government use. As a result, it is one the few drones approved (List of approved COTS UAS as Program of Record Systems (PORs) by the Secretary of Defense (SoD)(non COTS_approval-V2.pdf) for procurement and use without a waiver from the Secretary of Defense. Of that group of approved UAS it is the only group 1 UAV that meets the payload requirement (7+ lbs.) for the intended application.

The ordering period is one (1) base year with three (3) option years to procure additional quantities, if exercised.

Each option year has the ability to be exercised in advance dependent upon the customer’s needs. Base and option quantities for all kits will be delivered to the Government Technical Point of Contact (TPOC) within 120 days of contract award or exercise of option.

The Government’s minimum needs have been verified by the certifying technical and requirements personnel.

Estimated Dollar Value1

Funding Type

FY22 FY23 FY24 FY25 Total

RDT&E $305,150.00 $210,110.00 $216,290.00 $222,660.00 $954,210.00

4. Statutory Authority Permitting Other Than Full and Open Competition

10 U.S.C. 2304(c)(1), as implemented by FAR6.302-1 - Only one responsible source and no other supplies or services will satisfy agency requirements.

1 IAW NMCARS 5206.304(a) If the dollar value of the contract is negotiated at a level that exceeds the dollar threshold of the original justification approval authority, a new justification approval shall be obtained from the appropriate approval authority prior to award.

5. Rationale Justifying Use of Cited Statutory Authority

The Department of the Navy has identified 26 UAS that have been approved for procurement and use by the DoD and Federal Government. The list is available at the Navy Waiver Board SharePoint site and kept current by Paul Regard. The latest revision is titled List of approved COTS UAS as PORs SoD_non COTS_approval –V2.pdf.

The list contains UAVs from several vendors, the majority of which are small Intelligence Surveillance Reconnaissance (ISR) platforms unable to carry any significant payload.

The UAV required to fulfill this need has the following specific requirements:

1. Must be a Multirotor

2. Must have achieved DoD authorization for procurement and use without a waiver (has been through a rigorous DoD cybersecurity vulnerability audit)

3. Must have a payload capacity of at least 7 lbs.

The Skyraider R80D has been found to be the only platform that meets all three (3) requirements.

6. Description of Efforts Made to Solicit Offers from as Many

Offerors as Practicable

A Sources Sought notice was posted on 23 June 2021 to satisfy the requirements of Defense Federal Acquisition Regulation Supplement 206.302-1(d). No responses were received from the sources sought posting.

A pre-solicitation synopsis was posted on 20 March 2022 to sam.gov to satisfy the requirements of FAR 5.203. NSWC IHD received two responses from the pre-solicitation notice. The first was from GLABs indicating that they were interested in UAV work but did not respond to a request for a capability statement. GLABs is also not included on the list of 26 approved UAV vendors as discussed under paragraph 5. GLABs was determined not capable of meeting this requirement as they were not one of the approved 26 vendors listed on the Navy waiver board sharepoint site. This response was also forwarded to the technical requirements owner in E15 for potential future opportunities for GLAB to present their capabilities to the Navy. The second response received from the sources sought notice was from Sierra Nevada

Corporation. They stated that they were not interested in challenging this sole source acquisition. They did however express interest in connecting with requirements owners to demonstrate the software capabilities developed for the Army and how they may be useful for future NSWC IHD efforts. The Contracting Officer sent this information to both the Deputy for Small Business as well as the E15 Division Manager.

7. Determination of Fair and Reasonable Costs

The Contracting Officer will determine that the anticipated cost to the Government for the supplies covered by the J&A will be fair and reasonable.

8. Actions to Remove Barriers to Competition

For the reasons set forth in Paragraph 5, NSWC IHD has no plans at this time to compete future contracts for the types of supplies covered by this document. If another potential source emerges, NSWC IHD will assess whether competition for future requirements is feasible.

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance, which are included in this justification and its supporting acquisition planning documents, except as noted herein, are complete and accurate to the best of my knowledge and belief.

TECHNICAL COGNIZANCE:

Signature Name (Print) and Title (Code) Phone No. Date

REQUIREMENTS COGNIZANCE:

Signature Name (Print) and Title (Code) Phone No. Date

LEGAL SUFFICIENCY REVIEW

I have determined this justification is legally sufficient.

Signature Name (Print) and Title (Code) Phone No. Date

CONTRACTING OFFICER CERTIFICATION

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

Signature Name (Print) and Title (Code) Phone No. Date

Upon the basis of the above justification, I hereby approve, as Competition Advocate for the Procuring Activity the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 10 U.S.C.

2304(c)(1).

Signature Name (Print) Date