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briefApril 22, 202613 min read· Last reviewed April 23, 2026 by ArmorOS Editorial

68HERL26P0085- JOFOC Hyperspectral Chemical Detection System to Support ASPECT Real-Time Data Collection Platform

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION in accordance with FAR 12.102(b)

This document is being prepared pursuant to the content requirements prescribed in Federal Acquisition Regulation (FAR) Subpart 6.104-1, modified to reflect that the procedures in FAR Subpart 12 were used in accordance with 41 U.S.C. 1901 and 1903

  1. FAR 6.104-1(a)(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: Environmental Protection Agency

Contracting Activity:

Office of Chief Procurement Officer (OCPO)

Land, Enforcement, and Air Division (LEAD) OLEM & OECA Procurement Branch (OOPB)

Program Identification: Office of Superfund and Emergency Management (OSEM) Environmental Response Team and Chemical, Biological, Radiological, and Nuclear Division (ERTCD)

Project Identification: Hyperspectral Chemical Detection System to Support ASPECT Real-Time Data Collection Platform

Proposed Source(s): Telops USA, Inc.

  1. FAR 6.104-1(a)(2), Nature and/or description of the action being approved: OSEM’s Environmental Response Team and Chemical, Biological, Radiological, and Nuclear Division (ERTCD) is requesting to issue a single-award Purchase Order on a sole source basis to the above listed proposed source, to obtain commercial chemical system equipment, which includes the Telops Hyper-Cam Airborne Mini and the Reveal Airborne Suite software package.

  2. FAR 6.104-1(a)(3), A description of the supplies or services required to meet the agency’s needs (including the estimated value): (i) Required Services/Supplies to Meet the Agency’s Needs OSEM’s ERTCD requires a Commercial Off-The-Shelf (COTS) chemical sensing system. This technology must accurately identify and quantify chemical warfare agents (CWAs) and toxic industrial chemicals (TICs). The chemical analysis should be fully automated and should not necessitate any additional human involvement in the process. Additionally, the system must provide chemical quantification with a resolution of 1 m² and have the capability to characterize a plume located between the ground surface and an elevation of 5,000 feet above ground level. The system should incorporate the functionalities of both a Fourier Transform Infrared (FTIR) spectrometer and a hyperspectral imaging system. It is essential that the system is robust and backed by reliable operations and maintenance support from the manufacturer to ensure the longevity and dependability of the program.

The Hyper-Cam Airborne Mini has been identified as a COTS system with functionalities of both a Fourier Transform Infrared (FTIR) spectrometer and a hyperspectral imaging system that meets the ERTCD requirements. This camera system falls under a supply acquisition categorized by NAICS Code 334511 Search, Detection, Navigation, Guidance, Aeronautical, and Nautical System and Instrument Manufacturing and PSC Code 5855 Night Vision Equipment, Emitted and Reflected Radiation. Telops USA, Inc., the manufacturer, is recognized as a designated small business and is identified as the sole vendor and manufacturer. The Hyper-Cam Airborne Mini is a compact, high-performance hyperspectral imaging system designed for deployment on airborne platforms such as Uncrewed Aerial Vehicles (UAVs), helicopters, or small aircraft. This advanced device captures high-resolution spectral and spatial data across a wide wavelength range, providing detailed insights into the chemical composition and thermal properties of observed areas. It features a lightweight and rugged design, optimized for rapid deployment in challenging environments, and is capable of real-time data processing.

EPA’s ERTCD emergency response program would use this system to provide critical situational awareness information to the first responders during and after disasters such as petrochemical industry fires, hazardous material train derailments, and hurricanes. The Hyper-Cam Airborne Mini can provide critical capabilities such as:

Gas and Chemical Detection: The system’s hyperspectral imaging can identify and quantify various gases released during chemical fires. This is essential for assessing air quality and identifying and tracking hazardous plumes.

Thermal Mapping: The camera’s thermal capabilities enable precise temperature mapping of fire-affected areas. This helps emergency responders prioritize hot spots and areas at risk of spreading fires.

Real-Time Monitoring: Deployed on UAV or crewed aircraft, the system offers real-time data collection and analysis, enabling rapid situational assessment and decision-making during emergencies.

Wide-Area Coverage: Its airborne deployment allows for large-scale monitoring of affected regions, detecting threats that ground-based sensors might miss.

Post-Disaster Assessment: The Hyper-Cam can be used to evaluate residual contamination, guide cleanup efforts, and monitor environmental recovery.

The Hyper-Cam Airborne Mini is uniquely qualified to address ERTCD’s need for a robust and reliable COTS system for remote chemical detection and mapping to support the EPA Emergency Response & Removal (ER&R) Program. Its design and capabilities align closely with ERTCD’s operational requirements for rapid, precise, and wide-area environmental assessments. Some of the key features that support the program’s needs include: Commercial-off-the-shelf availability: The Hyper-Cam Airborne Mini is a ready-to-use, field-proven hyperspectral imaging system that requires no extensive customization or research and development. Its standardized design ensures easy integration into existing sensing platforms, minimizing downtime for installation. ERTCD does not have the capacity to develop a new system, or to bring a system in the early stages of development to a field-ready status in order to adequately and rapidly support EPA’s ER&R Program.

Proven technology with wide user base: The system selected for this requirement must be fully vetted by industry professionals and ready for deployment immediately upon installation to maintain operational readiness for EPA’s emergency responders. The Hyper-Cam Airborne Mini is the only known system that meets this requirement, with many peer-reviewed articles on the performance of the system and multiple federal agency and private industry users. Choosing a system with multiple users across various industries will help to ensure a robust support system. Also, by selecting a system that has been tested and proven in a field setting, we will increase confidence in our system to our customers, the EPA On Scene Coordinators.

Maintenance and support services: It is vital to the operational readiness of the program that the selected system have readily available support, ideally through a manufacturer. This helps to ensure that as the system ages, replacement parts and a team to perform the upgrades will be available.

The Hyper-Cam Airborne Mini is both an FTIR and a hyperspectral imaging system. It is designed to work from an aerial platform, which requires a very sensitive detection system and advanced processing methods to differentiate the infrared spectrum of gas clouds from the terrestrial background. This system would replace the current chemical sensor suite with an upgraded, more robust and reliable solution. The current system requires multiple experts to maintain and operate and is based on technology that is over 25 years old, is no longer supported by a manufacturer and does not have user manuals to guide use or troubleshooting. It is imperative that a COTS system be obtained to ensure 24/7/365 readiness for emergency response operations. (ii) Estimated Value The estimated value of the requested Purchase Order is $1,688,800.00 inclusive of and delineated as follows:

TABLE in Attachment

The amounts indicated above are based on pricing information obtained from the manufacturer during market research.

  1. FAR 6.104-1(a)(4), An identification of the statutory authority permitting other than full and open competition. This Justification for Other Than Full and Open Competition is being issued pursuant to the authority granted by 41 U.S.C. 3304(a)(1): Only one responsible source and no other supplies or services will satisfy agency requirements as implemented by FAR 6.103-1. When the supplies or services required by the agency are available from only one responsible source, and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided for.

  2. FAR 6.104-1(a)(5), A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited. The nature of the circumstances required to support the rationale for using the authority as cited under the previous section is detailed below: The Hyper-Cam Airborne Mini is the only known commercially available system that has been developed and fielded for this purpose. Telops USA, Inc. has an established supply chain, baseline parts and the appropriate resources as the sole manufacturer. There are several commercial hyperspectral imaging systems designed to study vegetation and geomorphology, but none specifically developed for the type of gas identification and mapping that is commercially available as required for the EPA ERTCD’s emergency response program other than the Hyper-Cam Airborne Mini. The Hyper-Cam Airborne Mini is not available through the mandatory sources or other sources beyond Telops, USA Inc. since Telops USA, Inc. is the sole manufacturer and only seller of this product.

  3. FAR 6.104-1(a)(6), A description of efforts made to ensure that offers are solicited from as many potential sources as possible, including whether a notice was or will be publicized as required by Part 5 and, if not, which exception under Part 5 applies. The Request for Information (RFI) notice was posted to SAM.gov under Notice ID 68HERH25Q0013 on October 18, 2024, and closed on October 28, 2024 at 4:30 P.M. Eight (8) vendors acknowledged the RFI Posting via FedConnect or email. The government received three (3) questions about the RFI and one (1) written response containing an informational brochure from Telops USA, Inc. As a result of the questions received, the RFI was extended to close on November 1, 2024 at 5:00 P.M.; this extension gave potential vendors additional time to review the questions and answers received during the initial RFI notice and to provide additional responses to the RFI. One (1) additional written response was received during the extension period from Spectral Systems Integration, LLC (SSI) containing a capability statement, bringing the total of two (2) written responses received. The government reviewed the responses from the RFI and determined that of the two (2) responses received, only the response received from Telops USA, Inc. met the government’s need and requirement for a COTS solution, as summarized below:

Spectral Systems Integration, LLC (SSI) - The SSI Payload system described in SSI’s RFI submission is still in development under an active contract with the Department of Defense’s Irregular Warfare Technical Support Directorate (IWTSD) and has not been fully tested yet. Due to ERTCD’s emergency response operations mission, which deals with the safety and health of the public, the program’s current requirement to have a COTS, field ready, and reliable system for emergency response operations is in the government’s best interest. The SSI Payload system does not meet the program requirements of being COTS or field ready.

Telops USA, Inc. – The Hyper-Cam Airborne Mini system is a high technology readiness level that meets all of the Government’s requirements for a gas detecting chemical sensing system and is both commercially available with an established user base.

Based on the results of the RFI response review, a Notice of Intent to Sole Source (NOI) was posted via FedConnect on December 19, 2024 under 68HERH25Q0013 in accordance with FAR Subpart 5.2. Responses to the NOI were required to be submitted via email. The NOI had a due date for responses set for 12:00 P.M. on December 31, 2024, allowing a total of 13 days for submissions. The notice can be accessed at the following link: https://sam.gov/opp/f58699b0354049f49fb3e8fb8a4ff989/view. The NOI specified that capability statements needed to be submitted within the designated timeframe for the government to consider them. The government received a single response to the NOI from SSI, which was submitted past the deadline. Despite being submitted late, because SSI’s response claimed there were other potential competitors’ solutions that could fulfill the program's requirements, the government considered the information contained in the submitted capability statement, including researching the information provided in the interest of due diligence. As detailed in the Market Research Report, the government’s review of SSI’s written response, including other potential competitors’ solutions, determined that none of the other sources identified therein met the government’s commercial off-the-shelf (COTS) requirements.

Since the issuance of the RFI and NOI in 2024, there have been no new developments or potential COTS products identified that could potentially meet the Government’s requirements beyond the Hyper-Cam Airborne Mini system manufactured and solely offered by Telops USA, Inc. As confirmed with experts in the field of remote chemical sensing, Telops USA, Inc.’s Hyper-Cam Airborne Mini system is the only system that meets the Government’s needs for a high technology, readily available, COTS gas detection chemical sensing system.

  1. FAR 6.104-1(a)(7), A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable:

The anticipated costs for assessing the fairness and reasonableness of similar systems developed by Telops USA Inc., which falls under ownership of Telops, Inc. (JNJ3SD2BZ6N4), and the company’s Hyper-Camera Systems have been compared to previous awards granted by other government agencies, It has been determined that the cost is fair and reasonable when compared with costs incurred by other agencies and is in line with the costs of similar awards.. A summary of prior similar awards is presented in the table below.

TABLE ON ATTACHMENT

Furthermore, the program expects that the acquisition of the Hyper-Cam Airborne Mini will result in cost savings over time in the reduction of time and materials for contracted staff labor hours in troubleshooting issues and purchasing parts to replace failing components on the program’s existing aging systems. Considerable cost and effort have been expended on maintaining and repairing the current chemical sensing equipment that the Hyper-Cam Airborne Mini COTS system will replace. The Hyper-Cam Airborne Mini comes with an included warranty for 2 years or 3,000 hours of operation, whichever comes first.

  1. FAR 6.104-1(a)(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:

As documented in the detailed Market Research Report, the Government conducted extensive market research for this requirement in accordance with FAR Part 10, including utilizing the following techniques: leveraging the requisitioner's personal knowledge, experience, and subject matter expertise; consulting knowledgeable individuals from both government and industry; publishing a formal Request for Information (RFI); publishing a notice of intent (NOI) to sole source in accordance with FAR Subpart 5.2; information exchanges with industry, including industry conferences; obtaining vendor lists from other offices, other agencies, or other sources; and reviewing information online, in catalog, or other published literature (e.g., peer reviewed articles). Refer to Section 6 for a detailed description of the RFI and NOI postings. The results of the market research indicated that Telops USA, Inc.’s Hyper-Cam Airborne Mini system is the only system that meets the Government’s needs for a high technology, readily available, COTS gas detection chemical sensing system.

  1. FAR 6.104-1(a)(9), Any other facts supporting the justification:

Telops Inc (UEI: JNJ3SD2BZ6N4) is a Canadian seller and manufacture of the Hyper-Cam Airborne Mini, and they do not sell through third parties. Telops Inc. has US subsidiary of Telops USA, Inc. (UEI: K83KNHX429N7). The Buy American Act does not apply to this sole source requirement in accordance with the FAR 25.402(a)(1). The estimated value exceeds the WTO GPA (World Trade Organization Government Procurement Agreement) threshold of $174,000.00, thus is considered exempted. It is in the government’s best interests to incorporate commercial capabilities within their requirement and is supported by the requirements of the program to prioritize commercially available items. The current custom systems are past their expected lifetime, and it is becoming more and more difficult to find replacement parts to keep them running reliably. A change to COTS equipment should also help to reduce cost overall in maintenance and repairs. The acquisition of the Telops system will result in a total cost savings to the government over the lifetime of the system. 10. FAR 6.104-1(a)(10), A listing of the sources, if any, that expressed, in writing, an interest in the acquisition:

Spectral Systems Integration, LLC (UEI: H35NYDK7XS74) Telops USA, Inc. (UEI: K83KNHX429N7)

  1. FAR 6.104-1(a)(11), A 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:

Since this justification is requesting a sole-source award, a proposal will not be solicited from any additional sources beyond Telops USA, Inc. However, the purchase of the required equipment from Telops USA, Inc. is intended to reduce barriers to competition that currently exist for support services for EPA’s remote aerial chemical sensing. The program’s current systems are highly customized, which has limited the number of offerors capable of providing support services under the ASPECT Data Processing, Development and Sensor Support Services (DPDS) requirement. There are very few experts in the field familiar with the technology that is currently used by the EPA, and as such there has been little to no competition for the ongoing DPDS contract. The Hyper-Cam Airborne Mini is the only known commercially available system that has the necessary capabilities and is available commercially. Acquisition of the Hyper-Cam Airborne Mini will greatly increase the EPA’s ability to attract fair and open competition for DPDS moving forward.

  1. FAR 6.104-1(a)(12), Contracting officer certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief:

See Attachment

Source: https://sam.gov/opp/b84339566525452dbdc062b62fc25a6e/view