Axon Justification Sole Source.pdf

CUI

Determination that Only One Source is Reasonably Available (Including Brand Name) – FAR Part 12 Acquisitions under the SAT

V 1.6 (20 December 2023)

DISTRIBUTION: DoW COMMUNITY ONLY

MEMORANDUM TO THE FILE

Subj: DETERMINATION THAT ONLY ONE SOURCE IS REASONABLY

AVAILABLE FOR A FAR PART 12 ACQUISITION UNDER THE SIMPLIFIED

ACQUISITION THRESHOLD

I. BACKGROUND:

1. FAR 12.102(a) states for purchases not exceeding the simplified acquisition threshold, Contracting Officers may solicit from one source if the Contracting Officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

2. As required by FAR 12.102(a), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement (or portion of the requirement to be sole-sourced) is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

The Provost Marshal’s Office (PMO) at Marine Corps Air Station (MCAS) Beaufort, South Carolina is requesting purchase of (23) Pro user licenses, (147) Basic user licenses, (200) Ala Carte storage licenses, and (112) Device Connectivity and FUSUS livestreaming licenses from Axon Evidence Management, (evidence.com) for their 100 Axon AB3 and 12 AB4 body cameras. These cameras are in current daily use by the department, Commanders, FOIA representative, and Staff Judge Advocate sections of the Installation.

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

A. _X_ ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1. _X_ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

Axon is the only one responsible source for evidence.com. They have proprietary rights on evidence.com and Axon AB3 and AB4 body cameras.

PMO’s videos are archived for evidentiary purposes from as early as 2023 and are housed on evidence.com. Loss of access to

Controlled by: DON, USMC, I&L HCA Controlled by: Provost Marshal’s Office, MCAS Beaufort, SC CUI Category(ies): PROCURE Limited Dissemination Control: DL ONLY POC: Joseph Carte, 843-228-6324

Determination that Only One Source is Reasonably Available (Including Brand Name) – FAR Part 12 Acquisitions under the SAT evidence.com will result in the loss of end-to-end chain of custody and may result in the loss of these videos. The purchase of these licenses to evidence.com will provide savings in cost, training, service interruption, and prevent a loss of productivity. This warrants Axon as the sole source for this requirement. Licenses must be compatible with evidence.com.

The license agreements shall insure the continual operation and interface with evidence.com, to provide the function of livestreaming, uploading, storage, and sharing of AB3 and AB4 body camera videos used by the PMO at Marine Corps Air Station (MCAS), Beaufort, SC. Each administrator or body camera wearer is required to have an individual account/ license for evidence.com.

2. _X__ EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

Axon Body Camera software licenses are only available from Axon Enterprises, the OEM. Market research and the sole source letter indicates there are no other companies who are capable of offering these licenses. Axon Enterprise is the only vendor that meets all qualifications and sole source procurement to Axon is required.

3. ___ OTHER REASONS.

B. __ BRAND NAME

Item required must be a brand name, product, or feature of a product, particular to one manufacturer.

C. ___URGENT AND COMPELLING. The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals. Urgent requirements are supplies or services that will result in a work stoppage, or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

1. Date on which the requirement was first identified:

2. Required delivery date/period of performance:

3. Explanation of why delivery/commencement of services by the date mentioned above is required

Determination that Only One Source is Reasonably Available (Including Brand Name) – FAR Part 12 Acquisitions under the SAT

Distribution List for DL ONLY Limited Dissemination Control

• MCFCS Personnel

• LB Personnel

• Procurement Team Personnel (to include but not limited to: Legal, Customers/Requirements Owners, Source Selection Personnel, Small Business Representatives)

• Any other individual designated by the KO