P03 Justification and Approval RFO 12.102b Exceeding the SAT to 9M Signed.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval For

Restricted Competition (>SAT-$9M under RFO 12.102(b)) RFO FAR 6.104 Justification content and approval

1. Contracting Activity:

This acquisition of commercial products and/or commercial services for restricted competition is executed pursuant to 41 U.S.C.1901, as implemented by RFO 12.102(b) and Table 12-1 on behalf of the Department of Veterans Affairs (VA), Office of Operations, Security, and Preparedness (OSP), Office of Security and Law Enforcement (OS&LE) by the Office of Procurement Operations, Supporting VBA, Office of Acquisition, Logistics and Construction (OALC).

2. Nature and/or Description of the Action Being Processed:

The VA intends to establish a sole-source, firm-fixed-price (FFP) contract with Axon Enterprise, Inc. for TASER 10 conducted energy devices (CEDs), to include associated accessories as in training cartridges, and digital evidence service integrations for VA Police Departments nationwide. This is a new contract award; it is not an order against an existing contract vehicle.

These products and services are essential for the VA to fulfill its mission of public safety, evidence management, and law enforcement support. The procurement will support deployment and standardization of CEDs across 139 VA Police Departments and the Law Enforcement Training Center (LETC).

3. Description of Supplies/Services Required to Meet the Agency’s Needs (including estimated value):

The requirement is to provide the following supplies and services at an estimated total cost up to $8,841,031.01. Period of Performance: 9/30/2026 to 9/29/2027. Axon is the sole source for these items:

• TASER 10s: Devices with warranties (Qty: Est. 1,700)

• TASER 10 Holsters: Right / Left-Handed (Qty: Est. 1,700 mixed)

• Docking Stations: Multi-bay docks with cores, wall mounts, and power cords (Qty: Est. 197)

• Battery Packs: Tactical battery packs with warranties (Qty: Est. 2,077)

• Cartridges: Live, inert, and training cartridges (Qty: Est. 52,000)

• TASER 10 Deployment: PSO Starter Federal (Qty:1)

• Digital evidence services integrated through TASER 10 devices

4. Statutory Authority Permitting Restricted Competition:

This acquisition of commercial products and/or commercial services for restricted competition is executed pursuant to 41 U.S.C.1901, as implemented by RFO 12.102(b) and Table 12-1, for acquisitions exceeding the simplified acquisition threshold and less than or equal to $9 million.

5. A Demonstration That the Proposed Contractor's Unique Qualifications or the

Nature of The Acquisition Requires Using the Authority Cited:

This CED is compatible with the existing digital evidence management system and contains all necessary components for a complete end-to-end solution for the capture, management, and security of digital evidence captured from audit logs (pulse duration, battery health, discharge times) of the TASER 10 CED. This system reliably captures, manages, and secures digital evidence in a manner that ensures its integrity, preserves the chain of custody, and guarantees its admissibility in judicial, civil, and administrative proceedings.

The TASER 10 provides a combination of capabilities that meet VA's specific operational and accountability requirements to include electronic activity logging, and integration with the agency's existing Axon technology and digital evidence environment. While other conducted energy weapons are commercially available, they do not provide the same combination of operational capabilities to activate the bodycam. The CED must be compatible with the Digital Evidence Management System (DEMS) used by VA. Axon’s CED, as well as their Digital Evidence Management System (DEMS) also known as Axon's Evidence.com system, are compatible. This ensures proper download and storage of TASER functionality tests and firing diagnostics. VA Police Conducted Energy Device Standard Operating Procedure (SOP) requires VA Law Enforcement Officers to ensure proper functionality from audit logs. These diagnostic reports are downloaded into Evidence.com, where they are reviewed by supervisors and may be audited by an OS&LE Special Agent. If a TASER deployment occurs, the diagnostic report from the fired device is considered evidence, and firing data records must be maintained in the DEMS.

Axon is the sole manufacturer and sole authorized distributor of TASER-brand energy weapon products for Federal agencies, including the TASER 10 device, its proprietary cartridges, and its associated Bluetooth Smart Signal targeting and connectivity technology. Grounds supporting a sole-source determination include:

• Proprietary, patented cartridge and probe-deployment architecture unique to

TASER 10.

• Axon Evidence/Axon Network integration is proprietary and not licensed to competing device manufacturers.

• No other CED on the market offers the combination of ten-shot capacity, individually deployable probes, and integrated laser/telemetry in a single device.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable:

The program office and contracting activity sought to identify additional sources capable of supplying the required Axon TASER systems, consumables, and digital evidence components. These efforts included reviewing public notifications, conducting market research, discussing capabilities with industry, and reviewing recent DHS and ICE procurements for evidence of competition. On 9/17/2026 the notice of intent (NOI) 36C10D26P0093 was posted on SAM.gov.

7. Determination by the Contracting Officer that the Anticipated Cost to the

Government will be Fair and Reasonable:

No award shall be made until the Contracting Officer determines the cost to the Government to be fair and reasonable. The CO will utilize comparison of the proposed prices to historical prices paid, whether by the Government or other than the Government, for the same or similar items.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted:

As part of its market research, VA reviewed recent federal procurements of Axon TASER products to assess how other agencies acquired these products and whether those actions identified additional sources capable of meeting similar requirements. Relevant findings included:

• A Special Notice (ID 70LGLY25QGLB00057) announced intent to award a sole-source contract to Axon for TASER 10 cartridges and related equipment. Federal Law Enforcement Training Centers (FLETC) explicitly invited capability statements from any interested vendor.

• FPS issued a public notice of intent to solicit and award from a single source under FAR 13.501(a), explaining that Axon is the exclusive manufacturer of CED products and no resellers exist (DHS/FPS – Axon Taser T10 Bundle, Special Notice FY25-00277, Sept. 8, 2025). Vendors were permitted to reply.

• ICE awarded a Delivery Order for TASER 10 cartridges under its IDIQ (Delivery Order 70CMSW24FR0000057, May 2024).

• USMS posted a Notice of Intent (ID M-23-A46-R-000077) stating Axon as the sole manufacturer and sole distributor of TASER products (Special Notice, July 21, 2023).

The TASER 10 has been classified as a firearm under the Gun Control Act of 1968 and is regulated by the ATF as a pistol. As a result, Axon is unable to provide the TASER 10 (and live cartridges) via GSA Schedule, since firearms cannot be listed on GSA Schedule contracts. Market research confirmed that no GSA vendor can meet the entirety of the current requirements for TASER 10 cartridges and accessories. Axon is the sole manufacturer and sole authorized distributor of TASER-brand energy weapon products for Federal agencies, including the TASER

10 device, its proprietary cartridges, and its associated Bluetooth Smart Signal targeting and connectivity technology.

The Government considered alternative commercial solutions; however, no alternative solution was identified that could satisfy the Government's operational, interoperability, cybersecurity, evidentiary integrity, and standardization requirements without causing substantial duplication of cost and unacceptable operational disruption, including the need to implement a new or additional evidence management system and significant impacts for training. Federal-level market research consistently shows no competing CED manufacturer capable of meeting requirements. Multiple DHS components have issued Notices of Intent or Special Notices inviting capability statements from industry.

9. Any Other Facts Supporting the lack of competition:

None.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition:

None.

11. A Statement of the Actions, if any, the Agency May Take to Remove or Overcome any Barriers to Competition before Making subsequent acquisitions for the supplies or services required:

The Government will continue to conduct market research to ascertain whether there are changes in the marketplace that would enable future actions to be competitive. Market research will consist of:

• Monitoring emerging CED technologies.

• Assessing interoperability with VA Police Digital Evidence Management Systems.

• Evaluating whether market conditions change to allow competitive procurement in future years.

• Consider alternative products if they become technically acceptable and operationally compatible.

12. Requirements Certification:

I certify that the requirement outlined in this justification is a Bona Fide Need of the Department of Veterans Affairs and 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.

Mark P. Moran Date Special Agent Office of Security & Law Enforcement

13.Approvals:

a. Contracting Officer’s Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief and approve if $900,000 or below.

Vernon M. Quilici Date Contracting Officer

b. Designated Advocate for Competition and/or Head of Contracting Activity (HCA) (required for actions valued >$900,000 - $9,000,000 (or $15,000,000 for acquisitions described in RFO FAR 12.001(c)): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief and approval.

Alyssa Dark Date Competition Advocate and/or Head of Contracting Activity (HCA) on; Sole Source; Exceeding SAT; $9M;

Greater than SAT