70LART26FPFB00074 JA.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

(Cite authority, e.g., 10 U.S.C. 3204(a)(7) or 41 U.S.C. 3304(a)(7))

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) 6.103 (FAR Class Deviation 25-111), and in accordance with the requirements of RFO 6.104, the justification for the use of the statutory authority under RFO 6.103 is justified by the following facts and rationale required under RFO 6.104-1 as follows:

1. Agency and Contracting Activity.

The Department of Homeland Security (DRS), Federal Law Enforcement Training Centers, Procurement Division, Artesia Field Branch, 1300 West Richey Avenue, Artesia, NM 88210 proposes a contract for the purchase of Axon Enterprise Inc. TASER cartridges.

2. Nature and/or Description of the Action being Approved.

Purchase of a brand name product line compatible with existing training equipment currently utilized for student training throughput. This approach limits competition to vendors authorized as re-sellers of the product brand TASER. In accordance with market research and previous Awarded Contract 70LART26PPFB00003 on 5/11/2026, there is a single distributor authorized to sell the TASER line products, Axon Enterprise Inc.

3. Description of Supplies/Services.

Purchase of the following cartridges and accessories is necessary to meet continuity in student training as follows:

• (SKU# 22157) AXON Taser X2 Cartridge 25 ft Trng Smart Quantity: 9,500

• (SKU# 22185) AXON Taser X2 Cartridge 25 ft Smart NS Quantity: 2,800

Estimated value: $587,694.00

4. Identification of Statutory Authority Permitting Other Than Full and Open Competition.

The statutory authority permitting other than full and open competition is 41 USC 253(c)(1), as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1 entitled “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements”.

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

A. Requested equipment is required for student evaluation and testing as outlined in Lesson Plan (LP) 8458 Electronic Control Device (ECD). As part of FLETC mission, lesson plans are developed in advance of training throughput and vetted during curriculum review prior to implementation. The training equipment listed as part of the ECD curriculum are essential training items for basic ECD student proficiency, demonstration, and testing. In addition, utilization of a consistent product line and accessories levels the playing field for all trainees and results in consistent scoring at time of evaluation.

B. The equipment currently in use for training is Axon Enterprise Inc. TASER brand, and it is imperative that the cartridges and accessories as outlined in the PR are wholly and unequivocally compatible with the existing equipment. The risk of mission failure is too great to order and attempt product testing of a product deemed "equal" while the equipment stock used for ECD is Axon Enterprise Inc. TASER and student throughput is at high levels with quick turnover.

C. Currently, the predominant number of FLETC Partner Organizations that train on ECD's utilize Axon Enterprise Inc. TASER X2 and TASER 10 platforms. As a result, FLETC has ensured that the training curriculum is designed to best suit the majority of the student population while ensuring accuracy and consistency among all trainees for evaluation purposes.

D. There are no known manufacturers that develop cartridges, magazines, or batteries that are compatible with the TASER proprietary products. Currently, there exists a single known distributor for the TASER products for federal agencies, Axon Enterprise Inc.

6. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential Sources as is Practicable.

At present, there are no known alternatives to this limited source acquisition because of the broad use of the TASER product line, which is embedded in the ECD training program across FLETC and the need for compatibility with existing stock products in use.

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

Axon Enterprise was previously awarded Contract 70LART26PPFB00003 for the same requirement and has been vetted as a responsible and whose prices have been determined fair and reasonable by warranted Contracting Officer. However, discounts will be requested from the previous prices if deemed prudent.

8. Description of Market Research.

In conjunction with the Program Office representative, the assigned Contract Specialist has conducted additional market research to determine if other sources of supply for the TASER product line were available without positive results. Through review of historical data from Contract 70LART26PPFB00003, the only known provider of the product is Axon Enterprise Inc.

9. Any Other Facts Supporting the Use of Other Than Full and Open Competition.

See attached TASER Sole Source Letter. Axon Enterprise Inc. 17800 N. 85th Street, Scottsdale, AZ 85255 is the recognized sole authorized TASER distributor for TASER products for federal agencies.

10. A Listing of the Sources, if Any That Expressed, in Writing, an Interest in the Acquisition.

At present, there are no known additional sources which expressed an Interest in the Acquisition because of the broad use of the TASER product line which is embedded in the

ECD training program across FLETC and the need for compatibility with existing stock products in use.

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 Supplies or Services Required At present, there are no known alternatives to this limited source acquisition because of the broad use of the TASER product line, which is embedded in the ECD training program across FLETC and the need for compatibility with existing stock products in use.

In the future, if market research shows the development of additional sources which can provide the TASER cartridges needed for training, they will be included in the competitive process.

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12. 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.

Contracting Officer Date

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

Technical Representative Date

APPROVAL:

Contracting Officer Date

Note: The Contracting Officer is the final approving official when the action does not exceed $900K.