OFTP CEW T10 Taser J and A Redacted Version.pdf

OFFICE OF ACQUISITION MANAGEMENT

ICE Acquisition Manual 3006.301-90

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 3304

Version 1.2

J&A-23-0071

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) in accordance with the requirements of FAR 6.303-1.

The justification for the use of the statutory authority under FAR Subpart 6.3 is based on the following facts and rationale required under FAR 6.303-2 as follows:

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), Office of Acquisition Management (OAQ), proposes to enter a contract on behalf of the Office of Firearms and Tactical Programs (OFTP) on a basis of other than full and open competition.

2. Nature and/or description of the action being approved.

(a) Type of action: Firm Fixed Price (FFP) Indefinite Delivery Indefinite Quantity (IDIQ) contract

(b) Amount of the current J&A (ceiling of the IDIQ): $25,000,000.00

Brief Description of the Requirement: OAQ/OFTP intends to procure, on a sole source basis, Model T10 non-lethal Conductive Energy Weapons (CEW) for field use by the various ICE law enforcement officers within the Enforcement Removal Operations (ERO) and Homeland Security Investigations (HSI) divisions. In addition to the T10 model CEW’s, the IDIQ vehicle will include all planned lifecycle support, licensing, and data storage.

The CEW Taser T10 Model and all ancillary equipment, licensing and data storage are only available from one source found below:

AXON Enterprise, Inc.

17800 N 85th Street

Scottsdale, AZ 85255

3. Description of Supplies/Services.

In order to execute OFTP’s mission, ICE law enforcement personnel require the use of a CEW that facilitates a non-lethal approach to apprehension by de-escalating hostile situations that have the potential to become life or death for the officers.

To meet this requirement, OFTP will procure T10 CEW Model, which has the unique ability to hold ten cartridges (10 single probes) where the officer can discharge individually targeted probes to maximize incapacitation up to 45-foot maximum distance and subdue the perpetrator.

This model also gives officers the ability to discharge multiple probes at the same time if faced with a situation that demands a greater need for engagement. The AXON CEW model T10 is the only model that will meet ICE's aforementioned officer safety needs. No other known manufacturer and company currently produces a similar product that meets ICE’s needs.

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 3304

Version 1.2

The IDIQ will include the following hardware, software and warranties over the 5-year

POP:

• Model T10 CEW TASERs (to include the handles and holsters)

• Model T10 Signal Battery Pack

• Model T10 Dock and Core

• Model T10 Duty/Training/Halt Magazines

• Field Use and Training Cartridges

• Duty Spare Cartridges

• Training Target and Target Frame

• TASER Axon Evidence FedRAMP Software license for weapons management and inventory

• Hosted TASER Master Instructor Course

• Master Instructor and Instructor Vouchers

• TASER Online Training

• TASER Manufacturer Hardware Warranty for a minimum of 5 years

• TASER Extended Hardware Warranty

Period of Performance (POP): The IDIQ’s Period of Performance (POP) will consist of a 12-month base period and four (4) 12-month Option Periods.

Total Value of the IDIQ: Below is a table showing the estimated total value of the IDIQ over the entire period of performance:

Base Period (12 months) $5,000,000.00

Option Period 1 (12 months) $5,000,000.00 Option Period 2 (12 months) $5,000,000.00 Option Period 3 (12 months) $5,000,000.00 Option Period 4 (12 months) $5,000,000.00

Total Estimated IDIQ Value $25,000,000.00

4. Identification of statutory authority permitting other than full and open competition.

The statutory authority permitting other than full and open competition is 41 U.S.C. §3304 as implemented by:

☒ FAR Subsection 6.302-1: Only one responsible source and no other supplies or services will satisfy agency requirements.

☐ 6.302-2: Unusual and compelling urgency.

☐ 6.302-3: Industrial mobilization; engineering, development, or research capability; or expert services.

☐ 6.302-4: International agreement.

☐ 6.302-5: Authorized or required by statute.

☐ 6.302-6: National security.

☐ 6.302-7: Public interest.

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 3304

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5. Demonstration that the nature of the acquisition requires use of the authority cited.

IAW FAR 6.302-1, the agency’s minimum needs can only be satisfied from one source, AXON Enterprises, with the unique capability to offer a CEW TASER that can hold up to ten (10) cartridges (aka single probes) and discharge individually targeted probes to maximize incapacitation up to a 45-foot maximum distance.

Currently, HSI/ERO law enforcement agents in the field utilize the CEW Models X2 and X26 which have the capability to hold and fire up to two (2) cartridges and discharge individually targeted probes to maximize incapacitation up to a 25-foot maximum distance.

The CEW Models X2 and X26 no longer meet ICE’s minimum requirements and needs to equip the agents with a CEW for life-or-death law enforcement situations that demands a greater need for engagement.

Unique Characteristics: Below are the unique capabilities/characteristics of the Model T10 CEW TASER that satisfy the Agency’s minimum needs:

45-FOOT MAXIMUM RANGE

10 SINGLE-PROBE CARTRIDGES

INDIVIDUALLY TARGETED PROBES

ANY-PROBE CONNECT

VR INTEGRATION CAPABILITY

AUDIBLE AND VISUAL WARNING ALERT

MULTIPLE MAGAZINES

IP67 WEATHER RESISTANCE

FedRAMP AUTHORIZED INVENTORY MANAGEMENT

DOCK AND WALK FUNCTIONALITY

RECHARGEABLE BATTERY

DAYLIGHT GREEN LASER

ILLIMUNIATION

STEALTH MODE

ENHANCED DATA MANAGEMENT

Based on the aforementioned analysis, the model T10 CEW produced by AXON is the only model that will meet ICE's officer safety needs and all requirements in the SOW.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

☒ OAQ intends to publicize this requirement, prior to award, as required by subpart 5.2 by posting a notice on www.SAM.GOV. In accordance with FAR 5.203, Publicizing and Response Time, the CO did meet the necessary threshold for publishing a Request for Information (RFI) seeking other vendors in the law enforcement community that may have a solution that will meet ICE’s needs. The RFI was posted on 05/31/2023 and was posted for 14 calendar days and only one submission was received from Axon Enterprise, Inc.

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

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7. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

Pursuant to FAR 15.404-1, the contracting officer used several techniques to determine the anticipated prices of the CEW T10 model will be fair and reasonable:

(1) Comparison of recent historic prices paid by ICE for similar CEW (Models X2 and X26) law enforcement devices/equipment via an internal ICE IDIQ.

(2) Comparison of discounted prices offered by AXON as compared to the IGCE; and,

(3) Comparison of discounted prices available only to Federal LEO Agencies as compared to Axon’s commercial pricing lists to non-Federal LEO Agencies.

8. Description of Market Research.

Market Research was conducted in accordance with FAR Part 10, HSAM 3010, and the DHS Market Research Guide. OFTP surveyed GSA Advantage and open market law enforcement sources to find any viable CEW non-lethal equipment that could potentially satisfy the requirements in the SOW. After limited results were found, the ICE CO recommended posting a Request for Information (RFI) to find other potential sources that sold CEW equipment to Federal Law Enforcement agencies. On 5/31/2023, the ICE CO posted an RFI/Sources Sought Notice (labeled ICE FY23ICECEWRFIFOROFTP) to www.SAM.GOV to determine if any companies under the NAICS code 334992 could provide a CEW that has the capability to shoot cartridges up to 45 feet to subdue potential assailants in life-or-death law enforcement situations. The CEW also had to meet all specifications listed in the SOW to include a FedRAMP cloud-based Evidence Software as a Service (SaaS) Digital Evidence Management System. Following the RFI submission due date, OAQ received one response AXON Enterprises and they sent a CEW Model T10 sample to OFTP for evaluation. OFTP personnel evaluated the T10 CEW sample and found it technically acceptable meeting all requirements in the SOW.

OFTP only found one specific CEW Model T10 device that would meet their requirements based on the RFI and other market research. This device is only available from one contractor/manufacturer, AXON Enterprise, Inc. AXON is the sole manufacturer, sole distributor and retailer of the Taser Brand Conductive Energy Weapons and software to include the CEW Model T10.

9. Any other facts supporting the use of other than full and open competition.

OFTP considered all alternative solutions and found none would provide the enhanced level of officer safety and characteristics needed that the CEW T10 Model would for the armed agents. There would be a detrimental impact to the OFTP mission if the J&A was not approved as law enforcement agents in the field would not have a viable weapon to discharge multiple probes at the same time if faced with a life-or-death situation that demands a greater need for engagement. The CEW equipment gives the agent an alternative

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 3304

Version 1.2 to subduing a potential threat before the need to use their duty weapon on the Use of Force model.

Furthermore, the current Model X2 and X26 CEW’s are rated IP52 and have limited dust and water protection whereas the Model T10 is rated IP67 with total dust protection and immersion of up to 15 cm and 1 meter in depth. This also creates a life-or-death scenario when the officer attempts to discharge the CEW TASER in an environment where there is inclement weather, or the officer or CEW TASER has become submerged.

In addition, the vendor notified the ICE CO that they will discontinue producing the X2 and X26 CEW models effective Quarter 4 of 2023; therefore, new agents graduating from FLETC/Academy will require a non-lethal weapon to de-escalate hostile scenario in the field. AXON will only continue to service the existing CEW models (X2 and X26) in the field until they reach end of life status.

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

No other sources expressed interest in this acquisition other than AXON, who was the sole respondent to the RFI posted on www.SAM.gov on 05/31/2023.

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.

ICE/OFTP will continue to assess the marketplace for opportunities to promote competition when procuring future non-lethal CEW equipment. Currently, there is no opportunity for competition as the CEW that meets the Agency’s needs is only available from one manufacturer with no authorized resellers.

☒ After award of this action, DHS intends to post the approved/signed justification pursuant to 6.305. The approved J&A document will be posted on www.SAM.gov within 14 days following IDIQ award.

http://www.sam.gov/

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

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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.

Tony Ross ICE Contracting Officer- Mission Support Orlando Office of Acquisition (OAQ)

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.

Michael Lavergne Technical Representative/COR Office of Firearms and Tactical Programs (OFTP)

14. Approval.

Albert Dainton ICE Head of Contracting Activity Office of Acquisition (OAQ)