JOFOC for Digital Evidence Management Services.pdf

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Justification and Approval for Other than Full and Open Competition (JOFOC)

Control #: ATF-21-0004 ARQ #: DJA-21-ASOD-PR-0016 Page 1 of 7

1. Contracting Activity:

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Office of Management Property, Acquisitions, and Safety Division (PASD) Acquisitions Branch 99 New York Avenue NE, 3.S-125 Washington, D.C. 20226 POC: Mr. James Huff Phone/Email: 202-648-9117 / James.Huff@atf.gov

Requesting Office:

Office of Field Operations Special Operations Division Division Chief, Paul D. Vanderplow 99 New York Ave., NE (MS 7.S-241) Washington, D.C. 20226 POC: Paul Vanderplow@atf.gov Phone/Email: (202) 648-7111 / Paul.Vanderplow@atf.gov

2. Nature/Description of Action being approved, i.e. sole source, limited competition, establishment of a new source, etc.

The Bureau of Alcohol, Tobacco, Firearms and Explosives proposes to enter into a sole source justification for firm fixed-price contract with Axon Enterprises Incorporated, using the simplified procedures for certain commercial items under Federal Acquisition Regulation (FAR) Part 13.5.

3. Description of Supplies/Services to include the period of performance and estimated value (including options).

The Bureau of Alcohol, Tobacco, Firearms and Explosives intends to procure Criminal Justice Information System/FedRAMP JAB Moderate Authorized certified digital evidence management and associated licenses, storage, support, and (on an as-needed basis) associated products/services for a period not to exceed a total of five (5) years. These Software as a Service (SaaS) licenses shall be utilized nationally by ATF personnel to support the capture, ingest, management and secure sharing of digital evidence, to include but not limited to body-worn camera video captured from state and local partners authorized for use on federal task forces.

Vendor Axon Enterprises Inc.

17800 N 58th Street Scottsdale, Arizona 85255

(800) 978-2737

POC: Jesse Todd

(585) 905-4686 jtodd@axon.com

Period of Performance The period of performance is for one (1) 12-month base period from date of award with four (4) option years.

mailto:James.Huff@atf.gov mailto:Paul.Vanderplow@atf.gov mailto:jtodd@axon.com

Control #: ATF-21-0004 ARQ #: DJA-21-ASOD-PR-0016 Page 2 of 7

Value of contracted services.

The total estimated value of this procurement is $6,350,000.00, which includes Other Direct Costs (ODCs). The ODCs mentioned below include Body-Worn Cameras as well as other associated products/services not to exceed $250,000.00. The estimated value for the base and each option year is as follows:

Listed Cost Actual Cost Base Year $1,525,000.00 $1,525,000.00 Option Year One $1,525,000.00 $1,206,250.00 Option Year Two $1,525,000.00 $1,206,250.00 Option Year Three $1,525,000.00 $1,206,250.00 Option Year Four $1,525,000.00 $1,206,250.00

TOTAL $7,625,000.00 $6,350,000.00

The actual cost reflects the discount applied to the DEMS bundle which backs out one-year worth of licensing payments ($1,275,000.00) and spreads that discount out across 5-years. The DEMS Bundle discount is the standard discount extended to the Department of Justice, excluding Professional Services.

The one-year DEMS Bundle licensing discount was originally offered and intended for use prior to the end of FY 2020. However, Axon Executive Leadership agreed to extend this discount through the end of the calendar year. The discount for case management services is "grandfathered" in, which has an estimated list price of $540k per year for agency size starting FY 2021.

The rates in the table above do not reflect the 2020 Law Enforcement Agency Pricing toward incremental requirements of 10 percent.

Quote Number The Contractor quote Q-256699-44140.728JT dated 11/03/2020 in its entirety will be an incorporated integral part of the contract.

4. Pursuant to FAR Subpart 6.3 and in accordance with the requirement of FAR 6.303, this J&A is supported by the following statutory authority and reason for statutory authority cited:

Please select one:

[X] 41 USC 3304(a)(1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, FAR 6.302-1

[ ] 41 USC 3304(a)(2), Unusual and Compelling Urgency, FAR 6.302-2

[ ] 41 USC 3304(a)(3), Industrial Mobilization, FAR 6.302-3

[ ] 41 USC 3304(a)(4), International Agreement, FAR 6.302-4

[ ] 41 USC 3304(a)(5), Authorized or Required by Statute, FAR 6.302-5

Control #: ATF-21-0004 ARQ #: DJA-21-ASOD-PR-0016 Page 3 of 7

[ ] 41 USC 3304(a)(6), National Security, FAR 6.302-6

[ ] 41. USC 3304(a)(7). Public Interest, FAR 6.302-7

5. Demonstration of Contractor’s unique Qualifications or Nature of the Acquisition that requires use of Authority Cited.

The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Special Operations Division requires products and services for its law enforcement agents and law enforcement programs, as follows:

Body-Worn Camera(s) (BWC’s) are audio and video recording devices worn by law enforcement officers as part of their uniform to document what they see and hear as they perform their duties.

DOJ-ATF requires the ability to ingest, manage and share BWC video captured during federal task force enforcement operations for its law enforcement program. DOJ-ATF requires the ability to ingest and manage a variety of BWC’s for enforcement operations. DOJ-ATF has a strict requirement for BWC video ingest to a FedRAMP JAB Provisional Authority to Operate P-ATO evidence collection system for BWC video/audio as well as real-time alerts and livestream capability if required at a later date.

Digital Evidence Management System/Software/Solution(s) (DEMS) Bundle is software used to store, manage, secure, share, redact and protect digital evidence, most typically in the form of video, photo and audio records. DOJ-ATF requires a DEMS in the form of Software as a Service (SaaS) which is hosted in a vendor-provided cloud environment. The SaaS solution must be currently FedRAMP JAB P-ATO Authorized with an Authority to Operate (ATO) rated for impact level moderate (“currently authorized” means as of the closing date of this procurement). The Axon Software as a Service (SaaS) allows for secure management, access and sharing of digital evidence.

Axon Evidence is the only software that includes FedRAMP Authorized solutions that allow for Citizen Digital content request/ingest and AI powered Redaction. Axon Evidence can also store and support various forms of third party data and can ingest evidence collected from the mobile phone application, Axon Capture. Lastly, Axon Evidence allows for secure case sharing with current Axon Evidence partner agencies as well as the Executive Office of United States Attorneys (EOUSA). DOJ- EOUSA has standardized on Axon Evidence for their BWC DEMS.

Associated products/services are incrementally required in order to maximize and expand on the functions and features of the Axon solution/program bundles. These products/services range from various types of cameras to hardware accessories to software.

These items must have the ability, functions, and features bundled together as a combined program and solution. This bundled offering must be manufactured, developed and offered from one turnkey manufacturer/solution provider. DOJ-ATF currently owns and operates Taser smart weapons, which are managed by Axon Evidence, as well as Axon Evidence DEMS SaaS licensing. DOJ-ATF has completed an Agency Authority to Test (ATT) and is near completion of an Agency ATO which is scheduled for December 2020. Axon Enterprises-branded SaaS licensing and mobile applications (which is proprietary) are the sole solution meeting FedRAMP, Criminal Justice Information System (CJMIS), and ATF CIO IT-related security standards and program requirements.

Control #: ATF-21-0004 ARQ #: DJA-21-ASOD-PR-0016 Page 4 of 7

6. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable. Include whether or not a FBO announcement will be issued and attached a draft of the FBO notice. Include any exception under FAR 5.202, when not synopsizing. If the justification covers a brand name requirement, this section should address compliance with FAR 5.102(a)(6). Identify if any/similar requirements are anticipated in the future.

This approved Justification and Approval for Other than Full and Open Competition (JOFOC) will be posted in Beta.SAM.GOV showing our notice of intent to award a Firm Fixed Price (FFP), sole source contract award in accordance with FAR 13.106-1(b)(1)(i) and (ii) to Axon Enterprises Inc.

7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The requesting office obtained a quote directly from the parent company – Axon Enterprises, Inc.

This effort enables the Government (ATF) and all DOJ Agencies to procure the needed service without incurring fees associated with other procurement vehicles. In this instance, the likely source for this procurement will be a sole source award to Axon Enterprises, Inc.

Based on the above information, the Contracting Officer (CO) has determined that the stated price proposed by Axon Enterprises, Inc., for one base year with four (4) option years is fair and reasonable using FAR 13.106-3(a)(2)(iii).

8. Market Research. Market research is required by FAR 10. Describe the results of market research or provide a statement of the reason why market research was not conducted.

The requesting office point of contact (POC) is a 25-year law enforcement professional who has served in multiple operational, administrative and managerial roles within Federal Law Enforcement. For the past 10 years, the POC has been intricately involved with the research and development of the Bureau’s technological infrastructure and has received hundreds of hours in formal training as well as thousands of hours in the practical application and implementation of such products, services and processes.

Based upon the knowledge, training and experience of the submitting POC, the known condition of the law enforcement/commercial technological market place indicates that other companies’ similar products do not meet and/or cannot be modified to meet the requirements of the Bureau, specifically the Digital Evidence Management Program.

Pre-solicitation meetings were held on July 23, 2020 and August 5, 2020 with prospective vendors.

Market research was also conducted by internet searches, interagency meetings, attendance at law enforcement equipment expos, and review of industry-standard literature. Specifically, marketplace.fedramp.gov provides up-to-date authorization status for all IaaS, PaaS and SaaS providers which are required for this procurement.

On September 15, 2016, DOJ issued the “DOJ Cybersecurity Order”. According to this document, Cloud Computing Unclassified systems within DOJ that use cloud technologies and connect to the production network or process, store, or transmit DOJ information must adhere to the requirements

Control #: ATF-21-0004 ARQ #: DJA-21-ASOD-PR-0016 Page 5 of 7 identified in FISMA, NIST, and Federal Risk and Authorization Management Program (FedRAMP) documentation. DOJ components are required to use cloud service providers (CSPs) that have a provisional ATO from the FedRAMP Joint Authorization Board, an Agency ATO, or a CSP ATO. If the CSP does not have one of these provisional ATOs, the CSP must work with the component to ensure FedRAMP compliance. DOJ and component AOs hold ultimate responsibility to issue the final ATO for each system. At the current time, Axon/Evidence.com services is the only known vendor to meet these requirements.

9. Additional Supporting Facts:

a) Explanation of why technical data packages, specifications, engineering descriptions, statements of work or purchase descriptions suitable for full and open competition have not been developed or are not available:

Based upon the facts provided, it is not viable for the Government (ATF) to solicit or engage a solution that is not compatible with partnering agencies to facilitate this program. The equipment and supporting systems used participating Agencies have been procured over several years. For ATF to attempt to match systems and capabilities would be time and cost prohibitive based upon the required mission.

Upon completion of market research, DOJ-ATF has concluded a Justification for Other Than Full and Open Competition exists, per FAR 6.302-1(b)(1), as only one responsible source and no other supplies or services will satisfy agency requirements.

b) If FAR 6.302-1 is cited for follow-on, state the estimate cost to the Government that would be duplicated and how the estimate was derived. In addition, state the data, estimated cost, or other rationale as to the extent and nature of the harm to the Government.

N/A

c) If FAR 6.302-2 is cited, estimated cost or other rationale as to the extent and nature of harm to the Government.

N/A

10. A listing of the sources, if any, that expressed a written interest in the acquisition.

Both Motorola and Getac were solicited. Neither was found acceptable to integrate with partnering agencies systems within the required DOJ-mandated FedRAMP parameters.

11. Actions Taken to Remove or Overcome any Barriers to Competition. 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/services required.

Include a statement of actions taken or will be taken to increase competition for future acquisitions of the same item/service.

Barriers to entry for this requirement are regulatory in nature. The agency would have difficulty removing these barriers as it is not the exclusive regulatory body for these purchases. Removing

Control #: ATF-21-0004 ARQ #: DJA-21-ASOD-PR-0016 Page 6 of 7 these barriers would require significant investment in a developmental program or appeals for exceptions to regulatory requirements.

The Bureau makes every effort to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required. If future solicitations for services are required, the Acquisitions Branch will utilize bidding websites as well as other competitive procedures to promote competition to the maximum extent practicable.

The Requesting Office will continue to research the marketplace and communicate with other agencies, to determine if similar products and/or services can meet its needs in the future to remedy the restricted competition on future requirements of this technical nature.

In the future, competition will most likely be dependent on whether competing vendors allow integration of established systems currently in use.

Control #: ATF-21-0004 ARQ #: DJA-21-ASOD-PR-0016 Page 7of 7

CERTIFICATION:

I, the Acquisition Initiator, certify that the facts and representations under my cognizance, which are included in this justification, are accurate and complete.

Digitally signed by Paul D. Vanderplow

_ _ Date: 2020.11.16 10:21:16 -05'00' Paul Vanderplow, Division Chief Date Special Operations Division

Reviews and Approvals (See FAR 6.2, 6.3, 6.5, and ATF Order 1400.1 for review and approval requirements under specific circumstances. See attached Route Slip for routing purposes).

Approved by:

Digitally signed by TABITHA WHEELER Date: 2020.11.16 10:51:04 -05'00'

Tabitha Wheeler Date Small Business Advocate

Digitally signed by JAMES HUFF Date: 2020.11.16 11:12:06 -05'00'

Jim Huff, Contracting Officer Date Property, Acquisitions, and Safety Division

Digitally signed by FRANCIS FRANDE Date: 2020.11.16 15:11:19 -05'00'

Mr. Francis H. Frandé Date Competition Advocate

JAMES HUFF

TABITHA

FRANCIS