Single Source Determination Axon_Redacted.pdf

405-146 (MRSD/PRO)

MEMORANDUM TO THE CONT RACT FILE

MEMORANDUM FOR: File

SUBJECT: PR 25FAD0038, Contracting Officer’s Determination Single Source

REFERENCE: FAR 13.106-1(b), Soliciting from a Single Source

In accordance with 41 U.S.C. § 3305(d) and FAR § 13.104 when utilizing simplified acquisition procedures, contracting officers must promote competition to the maximum extent practicable to obtain supplies and services from the source whose offer is the most advantageous to the government.

Federal Acquisition Regulations (FAR) Part 13, Simplified acquisition procedures (SAP) are designed to promote efficiency and economy in contracting, and to avoid unnecessary burdens for agencies and contractors where, as here, the value of the acquisition is under the value of the

SAT.

FAR13.106-1(b) states: “Soliciting from a single source (1) For purchases not exceeding the simplified acquisition threshold (SAT). (i) 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). Nature and/or description of the item/service being procured and anticipated cost.

1. Agency and Contracting Activity.

The Department of Homeland Security, Federal Law Enforcement Training Centers (FLETC), Procurement Division (PRO), proposes to enter into a contract on behalf of the Firearms Division

(FAD)

on a basis of other than full and open competition.

a. PRO intends to procure, on a sole source basis the following:

AXON TASER 10 - CARTRIDGE - INERT 150 EA

AXON TASER 10 - MAGAZINE - LIVE TRAINING PURPLE V2 10 EA

AXON TASER 10 - MAGAZINE - INERT RED 15 EA

AXON TASER 10 - MAGAZINE - HALT TRAINING BLUE 15 EA

AXON TASER 10 - CARTRIDGE - HALT 250 EA

AXON TASER 10 - CARTRIDGE - LIVE 250 EA

TASER 10 A-LA-CARTE Hardware Kit 15 EA

AXON TASER - EVIDENCE.COM LICENSE 15 EA

Type of action: Firm-fixed price contract

b. The vendor listed below is the only company that can provide the required products for a seamless and efficient transition to the new awardee.

Axon Enterprise, Inc.

17800 N 85th St.

Scottsdale, Arizona 85255

1. In accordance with i FAR 13.106-1(b)(1)(i), Axon Enterprise, Inc.

has been identified as only one source reasonably available can provide the Axon Taser 10 products. Equipment currently in use for training is Axon Taser brand, and it is imperative that the cartridges and accessories are wholly and unequivocally compatible with the existing equipment. Currently, a predominant number of FLETC Partner Organizations that train on ECD's are in the process of now, or transitioning to the Taser

10. As a result, FLETC has ensured that the training curriculum is designed to best suit the majority of the student population while ensuring accuracy and consistency among all trainees. There are no known manufacturer's that develop cartridges, magazines, or batteries that are compatible with the Taser 10 unit as it is a TASER proprietary product.

At this time, there exists a single known distributer for the TASER products for federal agencies; AXON Enterprise, Inc.

Market research was conducted IAW FAR Part 8.002 using Market as a Service (MRAS) within last 6 months. The results of this search showed that Axon Enterprise Inc. provides their Taser 7 cartridges on their GSA schedule but did not carry the Taser 10 cartridges. At this time, no GSA vendor can meet the entirety of our current requirements. Axon is the sole authorized distributor for Taser brand energy weapon products.

2. Based on the information above, and to promote efficiency and economy, it has been determined by the Contracting Officer to solicit to a single source Axon Enterprise Inc.

IAW FAR 13.103-1(b) is in the best interest of the Government. Price is determined fair and reasonable based on comparison of the proposed price with prices found reasonable on previous purchases.

Glynco Operations Branch Procurement Division Mission and Readiness Support Directorate (MRSD) Federal Law Enforcement Training Center (FLETC)