C38(a)_-_JOFOC_Service-wide_Tasers_1.pdf

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Attached to
Service Wide Tasers Federal contract opportunity
Solicitation number
140P2126Q0132
Issued by
Department of the Interior National Park Service

About this file

Summary: Justification for Other Than Full and Open Competition

This document is a Justification for Other Than Full and Open Competition (RFO FAR 6.103-1) issued by the United States Department of the Interior, National Park Service, CONOPS National, for the procurement of Conducted Energy Weapons (CEWs) and related components from Axon Enterprise.

The Office of Public Trust (OPT) requires procurement of AXON Taser 10 units with extended warranty and license bundles to support law enforcement activities and public safety. The total requirement includes 563 Taser 10 w/ Extended Warranty & License Bundles, along with ancillary items such as 161 battery packs, 233 inert magazines, 246 training magazines, 180 live training magazines, 13,530 live cartridges, 11,535 halt cartridges, 2,363 inert cartridges, 137 single bay docks, 14 six bay docks, and related powercord equipment. The Taser 10 represents a significant advancement over the X26P model, offering increased effective distance (45 feet), multiple individually-targeted single probe cartridges, elimination of the drive-stun feature, and audible de-escalation warnings.

This acquisition is conducted as a sole-source procurement because the Taser 10 is classified as a firearm by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and therefore cannot be purchased through GSA Schedule contracts. Axon Enterprise is identified as the only vendor capable of providing a FedRAMP-High compliant, fully integrated hardware-to-software ecosystem solution that meets OPT's operational, evidentiary, and compatibility requirements. Market research confirmed that no competitors in the Conducted Energy Weapons market natively upload hardware data to FedRAMP-High compliant cloud services. Two other sources (RV Global Solutions and Dreamcatchers Consulting) expressed interest but were determined to lack the proprietary hardware-to-software ecosystem capabilities required. The justification is supported by multiple Executive Orders (14189, 14153, 14308, 14252) and Secretary Orders (3447, 3443) addressing officer safety, de-escalation capabilities, and law enforcement operations across federal lands and facilities.

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The authority.

Estimated Value:

The supporting rationale.

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.

Market research has been conducted by researching required sources of supply and conducting research of similar items available on the open market.

IAW RFO FAR 5.101(b)(2) this acquisition is exempt from posting a presolicitation notice.

A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The Government has a large presence in the market, with Federal, State and Local law enforcement agencies all having requirements for Tasers. The Government has more leverage than civilian customers due to the large volume of orders. The contracting officer will determine that the anticipated cost to the Government will be fair and reasonable prior to award by performing price analysis by comparing Axon’s pricing against historical prices paid for similar items and verifying against published commercial price lists and publicly available records.

The market research conducted and the results or a statement of the reason market research was not conducted.

A request for information was posted to GSA multiple award schedule special item numbers 334310, 518210C and 332999 to determine capability and interest in providing the Government with an existing hardware-to-software ecosystem solution to support federal law enforcement operations. The Government is not looking for solutions that need to be developed by industry and requires an existing commercial hardware-to-software ecosystem solution to support the current needs of federal law enforcement and fully follows the requirements found at section 887 of Public Law 114-92 41 U.S.C 3306(a)(1), 41 U.S.C. 3307 and 10 U.S.C. 3453.

There is an existing hardware-to-software ecosystem solution available on GSA which encompasses multiple award schedules (MAS) 334310, 518210C and 332999; however this particular model, the Taser 10 is from GSA it is classified as a firearm the Bureau of Alcohol, Tobacco, Firearms and Explosives

The Taser 10 represents a significant advancement over the X26P, where the Taser 10 reduces the need for physical confrontation and lowers the need for levels of force. The Taser 10 extends the maximum range to 45 feet, has multiple individually-targeted-single probe cartridges, eliminates the drive-stun feature, and utilizes an audible warning.

Research on the open market has determined that there are no competitors of Conducted Energy Weapons who natively uploads hardware data to FedRAMP-High compliant cloud services.

Axon Enterprise is the only vendor who is capable to fulfill our needs for a hardware-to-software ecosystem solution which is FedRAMP-High compliant to support law enforcement operations.

Axon Enterprise is the only provider of a fully integrated hardware to software system which includes electronic control devices and digital evidence management which contains all of the necessary components to provide a complete end-to-end solution for the capture, management, and security of digital evidence captured from Trilogy logs (pulse duration, battery health, discharge times) of the Taser 10 Conducted Energy Weapon. The fundamental purpose of this system is to reliably capture, manage, and secure digital evidence in a manner that ensures its integrity, preserves the chain of custody, and guarantees its admissibility in judicial, civil and administrative proceedings. These products are required to be compatible with existing and future systems.

The results of the capability determination have demonstrated that Axon Enterprise is the only vendor who is capable to fulfill the Governments need for conducted energy weapons which are a part of a hardware to software ecosystem solution which is FEDRamp High compliant to support law enforcement operations.

IAW Executive Order 14271 Ensuring Commercial, Cost-Effective Solutions in Federal Contracts, there are no suitable “required use” contracts which meet the Government’s need IAW RFO FAR 8.104(a)(2).

The Government requires an established commercial solution to provide Tasers which are encompassed in a hardware-to-software ecosystem solution to support Federal Law Enforcement operations. Axon Enterprise is currently the only provider of a commercial solution which fulfills the Government’s need.

This solution benefits Federal Customers as there is an established commercial hardware-to-software solution which is compliant with FEDRamp standards and meets the established minimum requirements.

9. Any other facts supporting using other than full and open competition.

Axon Enterprise has provided a sole-source letter demonstrating that there are no third-party vendors who are authorized to sell or distribute the items required by OPT.

he following Executive Orders and Secretary Orders are applicable to this requirement:

E.O. 14189 – Celebrating America’s 250th Birthday Supports increased less-lethal de-escalation capabilities and officer safety during high-visibility public events where the deployment of Tasers provides an intermediate force option to resolve conflicts safely and maintain public trust.

E.O. 14153 – Unleashing Alaska’s Extraordinary Resource Potential Expanding enforcement in remote and sensitive areas increases the operational requirement for reliable, ruggedized Tasers to provide officers with a critical less-lethal capability where backup is limited and distance separation is essential for safety.

E.O. 14308 – Empowering Commonsense Wildfire Prevention and Response Interagency wildfire operations and perimeter enforcement rely on standardized, dependable tactical equipment; advanced Tasers ensure law enforcement officers can safely manage non-compliant individuals interfering with fire mitigation and response efforts.

E.O. 14252 – Making the District of Columbia Safe and Beautiful Increased law enforcement operations in the National Capital Region require modern Taser platforms to provide a highly visible deterrent and an effective, less-lethal tool to de-escalate volatile situations, reducing liability and minimizing the necessity of lethal force.

S.O. 3447 – Expanding Hunting and Fishing Access Increased visitor activity and ranger enforcement workloads create a heightened need for standardized intermediate force options, ensuring officers are equipped with dependable Tasers to manage field encounters safely during expanded public land use.

S.O. 3443 – Elevating and Unifying DOI’s Wildland Fire Management Program Public-safety and enforcement operations surrounding wildfire response benefit from fleet-wide equipment standardization, where integrated Taser technologies provide tactical readiness and reliable less-lethal force options in chaotic, high-stress disaster environments.

10. A listing of sources, if any, that expressed an interest in the acquisition in writing.

Axon Enterprise RV Global Solutions Dreamcatchers Consulting

While RV Global Solutions and Dreamcatchers Consulting expressed interest in writing, technical evaluation of their capabilities confirmed they do not possess a proprietary hardware-to-software ecosystem capable of natively uploading hardware data directly to a FedRAMP-High compliant cloud service. Consequently, Axon Enterprise is the only responsible source capable of meeting the minimum technical and security requirements of the Government.

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.

Market research and market surveys are continually performed to monitor for new innovations.

12. Certifications:

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