A16_-_DRLE__JOFOC_for_Axon_0040601777_1.pdf

FWS Form 3-0051 (Rev. 5/12/2021) U.S. Fish and Wildlife Service

JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION (JOFOC) - OVER SAT

JOINT ADMINISTRATIVE OPERATIONS

Acquisitions Operations

1. Agency and Contracting Activity (FAR 6.303-2(b)(1)).

3. Description of Supplies/Services (FAR 6.303-2(b)(3)).

2. Nature/Description of Action (FAR 6.303-2(b)(2)).

In accordance with FAR 6.302, the proposed contractual action is pursuant to the statutory authority identified in section 4 of this document. This template is required for actions over the Simplified Acquisition Threshold (SAT) (unless the procurement is acquired as a limited source IAW FAR 8.405-6 or is an Exception to Fair Opportunity IAW FAR 16.505(b)(2)).

Instructions: The information in the text boxes are provided as sample language or to indicate a needed fill-in. Sample language should be removed from the final document. All text boxes require information and shall not be left blank.

4. Statutory Authority Permitting Other than Full and Open Competition (FAR 6.303-2(b)(4)).

(check one)

Authority FAR Coverage Application 41 U.S.C. 1901 FAR 13.501 Only one responsible source using

Simplified Acquisition Procedures (above SAT but below $7M)

41 U.S.C. 1903 FAR 13.501 Special emergency procurement authority

41 U.S.C. 3304(a)(1) FAR 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements

41 U.S.C. 3304(a)(1) FAR 6.302-1(c) Application for brand-name descriptions

41 U.S.C. 3304(a)(2) FAR 6.302-2 Unusual and compelling urgency

41 U.S.C. 3304(a)(3) FAR 6.302-3 Industrial mobilization; engineering, developmental or research capability; or expert services

41 U.S.C. 3304(a)(4) FAR 6.302-4 International Agreement

41 U.S.C. 3304(a)(5) FAR 6.302-5 Authorized or required by statute

41 U.S.C. 3304(a)(6) FAR 6.302-6 National Security

41 U.S.C. 3304(a)(7) FAR 6.302-7 Public Interest

5. Demonstration of Contractor’s Unique Qualifications (FAR 6.303-2(b)(5)).

6. Description of Efforts Made to Maximize Competition (FAR 6.303-2(b)(6)).

7. Determination of Fair and Reasonable Cost (FAR 6.303-2(b)(7)).

8. Description of Market Research Conducted (FAR 6.303-2(b)(8)).

9. Any Other Supporting Facts (FAR 6.303-2(b)(9)).

Program / Project Officer

13. Contracting Officer Certification and Approval: (All Values) FAR 6.304(a)(1)

Based on the above justification, I hereby certify that the circumstances of this contract action deem only one source reasonably available and approve the use of sole source acquisition procedures for this purchase.

Contracting Officer

10. Listing of Interested Sources (FAR 6.303-2(b)(10)).

11. Actions Taken to Remove Barriers to Competition (FAR 6.303-2(b)(11)).

12. Technical/Requirements Certification: FAR 6.303-2(c)

I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

14. Approval by Chief of Contracting Office (>SAT)

Based on the foregoing justification I hereby approve this procurement.

Chief of Contracting Office

15. Approval by Senior Chief of Contracting Office (>$700K)

Based on the foregoing justification I hereby approve this procurement.

Senior Chief of Contracting Office

16. Approval by Head of Contracting Activity (>$700K) FAR 6.304(a)(2)

Based on the foregoing justification I hereby approve this procurement.

17. Approval by Senior Procurement Executive (>$68M) FAR 6.304(a)(4)

Based on the foregoing justification I hereby approve this procurement.

Senior Procurement Executive

Head of Contracting Activity

The "Taser" is the only product approved by the Office of Law Enforcement and Security (OLES) for use within DOI law enforcement programs (see DOI, OLES policy 446 DM 22). Axon Enterprise, Inc. is the only company who manufactures a CEW under the product name "Taser." The Taser 7 model is manufactured and available for purchase solely through Axon Enterprise, Inc. (see attached Sole Source CEW ENG document).

Axon Enterprise, Inc. digital evidence management and storage is the sole solution meeting FedRamp, Federal Bureau of Investigation (FBI) Criminal Justice Information Systems (CJIS), and DOI and FWS IT-related security standards.

Axon Enterprise, Inc. is the only company who provides a cloud based digital evidence management and storage solution which is FedRAMP approved and certified for use by Federal Agencies (https://www.fedramp.gov). The Federal Risk and Authorization Management Program (FedRAMP) is a government-wide program that provides a standardized approach to security assessment, authorization, and continuous monitoring for cloud products and services. FedRAMP is mandatory for Federal Agency cloud deployments and service models at the low, moderate, and high-risk impact levels.

Axon Enterprise, Inc. was awarded a Sole Source contract by the U.S. Department of Agriculture, U.S. Forest Service in 2019 for substantially the same services and products. The U.S. Forest Service stated in their acquisition, “Axon Enterprise-branded body-worn cameras are the sole solution meeting FedRamp, CJIS, and FS CIO IT-related security standards.”

Axon Enterprise, Inc. was awarded a Sole Source contract by the U.S. Department of Justice, Executive Office for United States Attorneys for substantially the same services. DRLE routinely must share body camera footage with U.S. Attorneys for every criminal prosecution. The U.S Department of Justice stated in their acquisition, “FAR 8.405-6(b) - The items are peculiar to one manufacturer. The particular brand name, product, or feature is essential to the Government's requirements. Market research indicates other companies' similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency's needs. Numerous US Attorney Offices (USAOs) work with law enforcement entities that store video from body cams, dash cams, and interview room cams in Evidence.com. USAOs do not have the bandwidth, storage, and tools to download, store, manage, review, and redact the volume of video involved in USAO cases. USAO require access to Evidence.com in order to meet their mission requirements. Market research was conducted and indicates that purchasing USAO users accounts to Evidence.com is the only viable means of meeting mission requirements.”

Evidence.com is Axon’s “Software as a Service” solution.

Axon Enterprise, Inc. is also the only company who manufactures a Conducted Energy Weapon (CEW) under the product name “Taser.” This product is currently in use by DRLE Law Enforcement and no alternatives exist.

Text8: The President released Executive Order 14074 "Advancing Effective, Accountable Policing and Criminal Justice Practices To Enhance Public Trust and Public Safety", in May 2022. The new EO mandates that all federal law enforcement agencies wear and utilize body worn cameras. In addition, it mandates that the agencies develop policies that allow for the expedited public release of BWC video footage following a serious incident. In October, 2022 DOI released Departmental Manuel 446 Chapter 41 which states "Video footage must be uploaded to the designated storage platform; footage shall not solely be stored locally on computers, phones, or personal devices." The only company currently meets the requirements of the E.O., DOI Department Manuel, and is FedRamp certified is Axon Enterprise.

DRLE has been using body cameras for many years. However, currently there is no hardware standardization which leads to technology, training, and operational challenges. DRLE does not currently have a cloud evidence storage solution nor do we have the ability to create and maintain one with available agency resources. Digital evidence is being stored in a variety of methods such as hard drives, Digital Video Discs (DVD’s), USB Flash Drives, local servers, etc. In some cases, digital evidence is not being downloaded or retained at all in violation of federal mandates.

In addition, DRLE is already using certain products and services provided by Axon Enterprise which have been obtained through separate contracting efforts at considerable increased expense as compared to this contract proposal. DRLE stands to save considerable funds by acquiring a Service-wide digital evidence management system from a business who we are already working with. This new effort incorporates services and products into a full-service package which will reduce cost while adding required services and benefits.