RedactedJ A.pdf

Control No:

Program/Item: Launched Electric Stun Device

(LESD) Program TASER® XP25 Cartridge™

TASER® X26 Conducted Electrical Weapon (CEW)

Est. Dollar Value: $ 7,600,000

Justification and Approval (J&A) CONCURRENCE SHEET

Programs/Items: TASER® XP25 Cartridge™ TASER® X26 Conducted Electrical Weapon™ Battery Module Holster for the Conducted Electrical Weapon

Authority: 10 U.S.C. 2304(c)(1), Only One Responsible Source as implemented by FAR 6.302-1(a)(2)(ii)(A)&(B), Only One Responsible Source and no other supplies or services will satisfy agency requirements.

Prepared by: DSN:

Title: Contract Specialist Date: 03 April 2014 Office Symbol:

Email:

Procuring DSN:

Contracting Title: Contracting Officer: Date: 03 April 2014 Officer (PCO): Office Symbol:

Email:

Technical: DSN:

Title: Deputy Program Manager Date: 06 Dec 2013 Office Symbol:

Email:

Requirements: DSN:

Title: Deputy Program Manager Date: 06 Dec 2013 Office Symbol:

Email:

(LESD) Program TASER® XP25 Cartridge™

TASER® X26 Conducted

CONCURRENCE:

Thursday, April 03, 2014 Date

Procurement Contracting Officer

Thursday, 03 April, 2014

Center Director

Monday, 07 April 2014

Legal Counsel

Thursday, 17 April, 2014

Associate Director

(LESD) Program TASER® XP25 Cartridge™

TASER® X26 Conducted

JUSTIFICATION

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity: The United States Army Contracting Command- New Jersey

2. Description of Action:

a. The action covered under this Justification and Approval (J&A) is for a new five (5) year, Firm Fixed Price (FFP), Indefinite Delivery/Indefinite Quantity (ID/IQ) type contract with FFP Delivery Orders to procure the following components of the Launched Electric Stun Device (LESD) Program: TASER® XP25 Cartridge™, TASER® X26 Conducted Electrical Weapon™ (CEW), Battery Module, and Holster for the CEW. The period of performance (POP) of this requirement will be for a period of from date of award. For the duration of this document the aforementioned items will be referred to as the TASER®XP25 Cartridge, TASER®X26E CEW and accessories. Award is projected for 4th quarter Fiscal Year 14 (FY).

b. The proposed acquisition strategy shall result in a sole source award to Aardvark, located in LaVerne, CA. Aardvark is the sole authorized distributor of TASER® International. The types of funding for this action shall be funds.

c. The total maximum ceiling value is $7,600,000. The minimum guarantee for this effort is and will be satisfied upon award with the issuance of Delivery Order 0001. The ceiling value is based upon the maximum quantity that is anticipated to be awarded over the planned contract period. It is expected that the planned quantities will accommodate any future requirements that are received by the Single Manager for Conventional Ammunition (SMCA).

d. An Acquisition Strategy Summary was approved on 19 September 2013.

e. Pursuant to Defense Federal Acquisition Regulation Supplement (DFARS)

207.103 an Acquisition Plan is not required, as this effort is under the $50,000,000 threshold for new production programs and less than $25,000,000 for any fiscal year.

(LESD) Program TASER® XP25 Cartridge™

TASER® X26 Conducted

3. Description of Supplies/Services:

a. The U.S. Army Military Police (MP), Army National Guard, Army Reserves and Forces Command (FORSCOM) Units are involved in Military Operations such as the Global War on Terrorism (GWOT) and other contingency operations throughout the globe. The military units are responsible for security operations, in which they are primarily employed to provide additional protection to military personnel and for controlling hostile personnel through deterrence and pain compliance. The purpose of this effort is to procure the TASER® XP25 Cartridge, TASER® X26 CEW and accessories manufactured by TASER International and distributed through Aardvark. The current users for the XP25 Cartridge, X26 CEW and accessories are

. It is anticipated that the following services will be authorized to use the XP25 Cartridge, X26 CEW and accessories during the performance of this contract:

b. The TASER® X26 CEW is a modified commercial non-lethal weapon that uses propelled wires or direct contact to conduct energy to affect the sensory and motor functions of a targeted individual’s nervous system. The TASER® X26 CEW uses a TASER® XP25 Cartridge

. When deployed, the TASER® X26 CEW transmits electrical pulses along the wires and into the targeted individual’s body, affecting the sensory and motor functions of the peripheral nervous system. This effectively disables a targeted individual. The energy can penetrate up to

The trigger activates a , after which time, the operator can pull the trigger again for another

. Alternatively, if the operator holds down the trigger for longer than , the TASER® X26 CEW will continue transmitting electrical pulses until the trigger is released. The cycle can be stopped at any time by placing the safety lever in the “safe” position. The disabling effect is termed Electro-Muscular Incapacitation (EMI). In the field, the TASER® X26 CEW offers the soldiers an improved force protection capability and decreases their vulnerability to enemy threats. It provides the ability to non-lethally incapacitate a targeted individual and provides diverse capabilities to

c. The TASER® X26 CEW is procured in its commercial packaging and includes a holster and a Battery Module. These items will also be available as individual

(LESD) Program TASER® XP25 Cartridge™

TASER® X26 Conducted

CLINs on this contract to be procured separately from the CEW in the event that replacement holsters or batteries are needed.

d. The TASER® XP25 Cartridge is a modified commercial cartridge used in the TASER® X26 CEW. The cartridge attaches to the front of the TASER® X26 CEW and contains darts and tethers. The darts are fired from the cartridge and impact the targeted individual’s clothing or body. The electric pulses generated by the TASER® X26 CEW are conducted through the tethers and darts and into the individual, thereby allowing the EMI effect to disable individuals at a distance of up to 25 feet.

e. The TASER® XP25 Cartridge and the TASER® X26 CEW are necessary in support of the US Army and its plans for ongoing operations. The intent of the contract is to fulfill requirements of the current fielded users and future requirements of the

SMCA.

f. The total contract ceiling of this action will be $7,600,000. Approximately of the $7,600,000 is currently funded for FY14. The requirements set forth in this J&A are representative of budget and Program Office Memorandum funding and quantities at the date of preparation of this J&A. There is a current requirement for the TASER® XP25 Cartridges which are needed to replenish cartridges that are currently being exhausted in the field. The maximum dollar value of the resultant contract award has factored in the maximum quantity that may be awarded over the planned contract period and includes potential ranged pricing quantities. It is anticipated that the planned quantities will accommodate any future requirements that are received by the SMCA. Future requirements may include increased operational use or unexpected customer buys.

g. The maximum contract value for this effort represents the anticipated increase in training usage once all fieldings are complete. Multiple fieldings translates into an increase of cartridges expended. It is also anticipated that the Army’s requirement for TASER® X26 CEWs will increase with the additional authorizations for other organizations such as is evaluating the additional quantities required of X26 CEW’s that will be needed for fielding in addition to the current Army Inventory.

h. The following table represents the production funds allocated to the TASER® XP25 Cartridge, TASER® X26 CEW and accessories. Items that are currently shown in the table as unfunded are for potential unexpected

(LESD) Program TASER® XP25 Cartridge™

TASER® X26 Conducted requirements that are received by the SMCA and are included in the contract ceiling amount. It is difficult to forecast these requirements at this time.

Table 1: Max Fiscal Year Allocations to be placed on contract

* Potential for unbudgeted qtys from other services for JN17(XP25) and/or LESD (X26CEW).

** LESD (X26CEW):

*** Potential for unbudgeted qtys for replacements/spares for Army & other services.

4. Authority Cited: 10 USC 2304(c)(1), Only One Responsible Source and No Other Supplies or Services will satisfy agency requirements, as implemented by FAR 6.302-

(LESD) Program TASER® XP25 Cartridge™

TASER® X26 Conducted

1(a)(2)(ii), supples may be deemed to be available only from the original source in the case of a follow-on contract for the continued development or production of a major system or highly specialized equipment, when it is likely that award to any other source would result in (A)Substantial duplication of cost to the Government that is not expected to be recovered through competition and (B) Unacceptable delays in fulfilling the agency’s requirements.

5. Reason for Authority Cited:

a. As authorized by FAR 6.302-1(a)(2)(ii)(A)&(B) supplies may be deemed to be available only from the original source in the case of a follow-on contract for the continued development or production of a major system or highly specialized equipment, including major components thereof, when it is likely that award to any other source would result in substantial duplication of cost to the Government that is not expected to be recovered through competition and unacceptable delays in fulfilling the Governments requirements.

b. Aardvark is the only source capable of meeting the Governments requirement for the TASER® XP25, TASER® X26 CEW and accessories without substantial duplication of cost and unacceptable delays. An explanation and breakout of the substantial duplication costs and unacceptable delays associated with competing the TASER® XP25, TASER® X26 CEW and accessories for the LESD program are shown below.

i. Substantial Duplication Costs:

(1) The TASER® XP25, and TASER® X26 CEW both completed Type Classification (TC) for Army use on 23 August 2012. Full Materiel Release (FMR) of the TASER® X26 CEW and TASER® XP25 Cartridge were achieved on 19 April 2012 and 20 April 2012 respectively. Should award be made to another source substantial duplication costs, of , for both items would be incurred in order to cover the cost associated with the successful completion of qualification testing and approval of TC and FMR for the potential new source. This cost is not expected to be recovered through competition. The TASER® XP25 and the TASER® X26 are qualified as a combined system; therefore the substantial duplication of costs would be the same even if the items were procured separately.

(2) The TASER® XP25 and the TASER® X26 underwent an extensive qualification test program which was conducted by the Government in the form of a Product Verification Test (PVT) and an independent evaluation to

(LESD) Program TASER® XP25 Cartridge™

TASER® X26 Conducted verify the system’s performance and reliability. All the costs spent for PVT and associated independent evaluation are documented in the chart below.

Should award be made to any source other than the proposed source, similar costs would be incurred. Prior to PVT, pre-test documentation would need to be drafted, staffed and approved. These documents would include a Safety Assessment Report, Surface Danger Zone, a test and evaluation plan and a Detailed Test Plan. Prior to testing, the Government would need to procure and deliver the initial test hardware, schedule range time, evaluate all safety documentation and include the Health Hazard Assessment by the test community. After testing, a detailed test report would be prepared and staffed for approval, and if successful, an Army Test and Evaluation Command (ATEC) TC and MR Position Memo would be released.

After successful PVT, the TASER® XP25 and the TASER® X26 underwent TC and FMR, documentation which resulted in additional costs to prepare, staff and approve documents related to Quality, Safety, Environmental, Reliability and Logistics. Lastly, Technical Manuals, Student Hand-Outs and other associative training materials were developed specifically for the Taser system.

Human Effects Testing would also run concurrently with the aforementioned activities. The Human Effects Review Board would also need to review the test results once all activities are complete.

If another source were to be awarded for this effort the entire system from the new contractor would be required to undergo all of the previously completed testing including TC and FMR, In addition, all existing technical manuals, student hand-outs and other associative training materials would need to be replaced. These duplication costs, totaling, (previous actual funds expended on X26 and XP25) are not expected to be recoverable though competition due to the limited procurement quantities and the specialized use of the items being procured.

(LESD) Program TASER® XP25 Cartridge™

TASER® X26 Conducted

Table 2: Breakout of actual past program costs for both the XP25 and X26

(3) In addition the TASER® XP25 Cartridge is the only commercially available cartridge that is compatible with the existing X26 CEW’s that are currently being fielded. If another cartridge were to be introduced into the inventory the Government would incur substantial duplication cost to qualify the new cartridge and its capability to perform and not damage the already fielded X26 CEW’s.

ii. Unacceptable Delays:

(1) The TASER® XP25 and TASER® X26 CEW both completed TC for Army use on 23 August 2012. FMR of the TASER® X26 CEW and TASER® XP25 Cartridge were achieved on 19 April 2012 and 20 April 2012 respectively. The Army will have fielded over Taser X26 systems by the end of 2014, also new users may account for additional fielded quantity of systems. Should award be made to any another source, unacceptable schedule delays of would be incurred to allow for the completion of TC and FMR for the potential new source. This schedule delay includes the time required for all required testing that is required to complete TC, and FMR of the item which would be required prior to continuing with a procurement action and distribution to the warfighter. The Government is currently fielding every and each soldier is allotted XP25 cartridges in order to complete their training. The warfighter has a continuous on-going requirement for cartridges for both training and combat use. The Government currently has enough stock to meet the current delivery requirement of every to last until at which point we would need to issue another delivery order for the next fielding. These events would result in an unacceptable delay in the necessary deliveries to replace the munitions that are consumed each year and to also maintain an acceptable war reserve. Failure to replenish this supply will impact planned training and readiness levels. Approved training requires that soldiers fire live rounds to practice pre-firing and firing

(LESD) Program TASER® XP25 Cartridge™

TASER® X26 Conducted procedures (including marksmanship skills) in order to practice with the weapon that they will use in the field. Unacceptable delays will negatively impact the soldier's weapon expertise compromising mission success.

(2) The TASER® XP25 and the TASER® X26 are qualified as a combined system; therefore the duration of the schedule delay would be the same even if the items were procured separately. The following is a detailed list of activities that would be duplicated if award is made to another source. This timeline is based on successful completion and successful results of each required task.

Table 3: Breakout of actual past program timelines for both the XP25 and X26 *Pre-test Documentation, T&E, TC and MR Documentation must be performed in sequential order.

Human EffectsTesting runs concurrently with the aforementioned activities. HERB occurs after all other

(LESD) Program TASER® XP25 Cartridge™

TASER® X26 Conducted activities are complete. The delays identified are estimated based upon technical expertise and previous experience of TC and FMR qualifications.

(3) Irreparable harm to the Warfighter would occur should there be a delay in procurement of TASER® XP25 and the TASER® X26 and would severely compromise the user’s ability to safely perform their mission without causing harm to themselves or subject personnel. Without the TASER® XP25 and the TASER® X26, the warfighter may be left without a nonlethal option in security operations, in which they are primarily employed to provide additional protection to military personnel for controlling hostile personnel through deterrence and pain compliance verses lethal weapons.

c. Analysis of alternatives to Other then Full and Open Competition: Two potential procurement strategies to satisfy the TASER® XP25 Cartridge and TASER® X26 CEW requirement were analyzed:

i. Full and Open Competition

(1) Cost: Significant qualification testing was completed in order to TC and FMR the TASER® XP25 Cartridge and TASER® X26 CEW program. The cost impact for testing, qualifying, and achieving TC and FMR on another product would total and is not expected to be recoverable though competition due to the limited procurement quantities and the specialized use of the items being procured.

(2) Schedule: Execution of a full and open competition contract would significantly delay deliveries of replacement cartridges and CEW’s to the field preventing the users form being able to successfully complete their missions. It would take an estimated to TC and FMR another product. This time frame includes the time necessary for all required testing to complete TC, and FMR of the item required prior to continuing with a procurement action and distribution to the warfighter.

(3) Performance: As discussed in the market research evaluation (Section 9 below) Aardvark is the company that has been determined to have cartridges and CEW’s that are readily available that meet the Government’s requirements. The purchase of any other cartridge or CEW would require significant testing in order to determine the performance of that item and to determine it acceptable for Army use.

(LESD) Program TASER® XP25 Cartridge™

TASER® X26 Conducted

ii. Component Breakout

(1) The TASER® XP25 Cartridge and TASER® X26 CEW are both part of the same weapon system. These items cannot be broken out and purchased separately from different vendors. Aardvark is the sole distributor to the Government for both the cartridge and CEW. The battery module is also the only battery that can properly power the TASER® X26 CEW. When purchasing the X26 CEW, all three items are commercially packaged and shipped as one system. TASER International also provides a proprietary holster and holster kit (Allen wrench and screws) in the package. To maintain the commercial warranty the end-user must use the equipment provided by TASER International.

d. Conclusion: Full and open competition of this requirement presents unacceptable level of schedule, cost and performance risk. Only Aardvark can meet the requirements without incurring substantial duplication costs and without causing a significant delay to the schedule. Award to any other contractor will result in substantial duplication costs that would not be recovered through competition and unacceptable delays, which will delay replacement cartridges and CEW’s from being fielded and prevent the warfighter from being able to successfully complete their missions. As a result, a sole source award to Aardvark is the only alternative that will satisfy this requirement.

6. Efforts to Obtain Competition.

a. As required by FAR 5.201, the pre-solicitation notice, citing FAR 6.302- 1(a)(2)(ii)(A)&(B), will be published in FedBizOpps and will contain the appropriate rationale for other than full and open competition. Responding firms will be evaluated and considered for potential competition.

b. It is not anticipated that there will be effective competition if this procurement were solicited competitively without incurring unacceptable delays and substantial duplication costs as Aardvark is the only company that can meet the Government’s technical requirements. The unacceptable delays of at least to allow for the completion of TC and FMR for the potential new source that will be incurred through a competitive procurement would severely compromise the user’s ability to safely perform their mission without causing harm to themselves or subject personnel.

(LESD) Program TASER® XP25 Cartridge™

TASER® X26 Conducted

7. Actions to Increase Competition.

a. The Government issued a letter, dated 5 March 2014, requesting Government Purpose Rights from TASER® International for the X26 CEW as well as the XP25 cartridge. TASER® International maintains sole proprietary rights and is unwilling to discuss any costs associated with a licensing agreement, limited rights, copyrights, trade secrets or any proprietary data that would allow some form of Government effort toward obtaining a competitive technical data package (TDP) as stated in a response letter dated 14 March 2014.

b. Market research was conducted to see if there were any other similar weapons and cartridges that would meet the Governments requirements. This research indicated that the TASER® XP25 Cartridge and TASER® X26 CEW and its accessories produced by TASER® International and marketed to the US ARMY by Aardvark, are the only items available in the marketplace capable of meeting the TASER® XP25 and TASER® X26 CEW Capability Production Document (CPD) requirements (see paragraphs 8 and 9 below).

c. The Government intends to continually research companies which have the apparent capability to produce a commercially available CEW’s and cartridges that will meet the Governments needs. The Government will conduct field visits or review presentation on contractor’s capability to ascertain whether new capabilities and products have become available to meet the Governments requirements.

8. Market Research:

a. Market research has been conducted in accordance with FAR 10.001 for the TASER® XP25 Cartridge and TASER® X26 CEW and its accessories. Market research revealed that effective competition is not anticipated for this effort as Aardvark is the only known contractor that has provided evidence to support that they can meet the Government requirements without incurring substantial duplication of cost and unacceptable delays.

b. Member of PM-CCS have canvassed the industrial community via a sources sought notice, internet research, email and phone correspondence, and system demonstrations to see if any other companies’ or government agencies’ existing systems will satisfy the requirements as identified in the LESD CPD. A Sources Sought Notice (SSN) (W15QKN-13-X-B008) was issued on 18 June 2013 seeking sources for a Commercial off the shelf EMI weapon, ammunition and holster for the EMI weapon that met the Governments requirements. Offeror’s responses

(LESD) Program TASER® XP25 Cartridge™

TASER® X26 Conducted were to include if their system has the ability to incapacitate human targets regardless of size or weight, within one second of contact with an incapacitating effect on personnel for a period of at least and the ability to engage consecutive targets within from the initiation of the first engagement to the initiation of the second engagement. It stated that the proposed system had to be compatible with the following ammunition: NSN 1377-01-595-5104, “Cartridge, Non-Lethal Firing Device”. The ammunition should be compatible with the following EMI weapon: NSN 1095-01-543-2189, “Firing Device, Non-Lethal”.

Responses were received from two potential offerors as detailed in section 9 below.

c. Based on the results of the market research and the specific information provided in paragraph 9, below, TASER® International via Aardvark is the only source that has the ability to meet all of the Governments requirements as stated in the CPD without incurring unacceptable delays and substantial duplication costs.

9. Interested Sources.

a. The technical subcategories that were evaluated for each respondent were (1) quality, reliability, and manufacturing processes, (2) EMI weapon, (3) holster for EMI weapon, and (4) ammunition for EMI weapon. Two potential offerors responded to the SSN, W15QKN-13-X-B008. Of the respondents, one (1) respondent satisfactorily met all of the requirements.

i. Aardvark, 1935 Puddingstone Drive, La Verne, CA 91750

Aardvark’s overall Risk of Technical Acceptability was low and represented the lowest combined risk of all the technical areas. For subcategory quality, reliability, and manufacturing processes, Aardvark’s risk of technical acceptability was low due to the fact that they addressed the requirements adequately and satisfactorily meets all technical concerns in this subcategory.

For subcategory EMI Weapon, Aardvark’s risk of technical acceptability was low due to the fact that they offered two products for this category, both manufactured by TASER® International. The “X26” is Army‐qualified, completed TC and is a FMR weapon system with NSN 1095‐01‐543‐2189. The “X26P” is a newer version; however both offerings from this respondent satisfactorily meet all SSN requirements in this subcategory. The X26P does not need another TC due to the fact that the form, fit, and function is the same as the X26E. For Subcategory holster for EMI weapon, Aardvark’s risk of technical acceptability was low due to the fact that the “TASER® X26 Holster” for the X26 satisfactorily meets all SSN requirements in this subcategory. For

(LESD) Program TASER® XP25 Cartridge™

TASER® X26 Conducted subcategory ammunition for EMI weapon, Aardvark’s risk of technical acceptability was low due to the fact that Aardvark offered three ammunition cartridges, all manufactured by TASER® International. Two of the cartridges satisfactorily met all SSN requirements for this subcategory.

ii.

overall Risk of Technical Acceptability was high and represented the highest combined risk of all the subcategory ratings. For subcategory Quality, reliability, and manufacturing Processes, risk of technical acceptability was high due to the fact that the respondent’s quality and manufacturing process is unknown and not discussed in their submitted response. The respondent failed to address any of the SSN requirements in this subcategory. For subcategory EMI Weapon, risk of technical acceptability was high due to the fact the respondent offered the , which stands for . The meets some, but not all of the SSN requirements in this subcategory. The most significant requirement that was not met was the compatibility with cartridges in existing ammunition in Army stock. This requirement is important because Army Units that need replacement EMI weapons will need one that is capable of firing the ammunition that is in the Army inventory. For Subcategory holster for EMI weapon, risk of technical acceptability was medium due to the fact that the respondent offered a number of holsters, but did not provide any details or descriptions of them. The holster offerings in their brochure did not match the offerings in their catalog. For subcategory ammunition for EMI weapon, risk of technical acceptability was high due to the fact that offered the This cartridge does not meet the requirement to be compatible with existing EMI weapons fielded to the Army. This requirement is important because Army Units who request ammunition for their currently fielded EMI weapons must be able to fire the new ammunition. Subsequent Market Research also showed that iii.

Additional market research by Government technical personnel yielded a potential company, located in . The Government contacted , who expressed interest in responding to the SSN however no response was submitted. The Government contacted on several occasions however no response was received. The Government

(LESD) Program TASER® XP25 Cartridge™

TASER® X26 Conducted technical personnel proceeded to conduct a thorough review of the company’s website to determine of had a LESD and cartridge that would meet the Governments needs. Per their website the offeror “claims” that their cartridge is compatible with the Taser® X26 CEW, however their product would need to be qualified and tested for performance, safety, and reliability to match the current EMI Weapons that have already been fielded. There is no evidence, such as compatibility test reports as such to document their claim. Therefore substantial costs would be incurred to qualify this cartridge. These costs would not be recouped by the government and could even exceed the projected dollar value of this contract.

b. As required by FAR 5.201, a pre-solicitation notice will be posted to the Federal

Business Opportunity website (FedBizOpps) and will contain the appropriate rationale for other than full and open competition upon approval of this J&A document. Any proposals received by other than the intended source shall be evaluated and considered.

10. Other Facts:

a. Procurement History: The procurement history for XP25, X26 and accessories is as follows:

i. Contract number: W15QKN-07-D-0010

Contractor: Aardvark Tactical Inc.

Award date: 30 May 2007

Items Procured: Cartridge 21ft Training, Cartridge 21ft Simulation, Cartridge 21ft Standard, Cartridge 25ft XP, Cartridge 35ft, Taser X26 with XDPM CEW, Extended Digital Power Magazine (XPDM), USB Data Download Adapter, Electro Static Discharge (ESD) Bags

Solicitation Basis: Sole Source Contract

Dollar Value: $22,789,851.00

Period of Performance: Five Years from date of contract award, a modification was executed on November 09, 2011 to extend the contract’s period of performance by one year.

Contract Type: FFP IDIQ

(LESD) Program TASER® XP25 Cartridge™

TASER® X26 Conducted

Previous J&A authority: 10 U.S.C. 2304(c)(1) – as implemented by FAR 6.302- 1(a)(2), only one responsible source and no other supplies or services will satisfy agency requirements.

Previous J&A Section 7 Actions to Increase Competition: While the nature of this previous contractual effort is non-competitive, every attempt in the future will be made to utilize full and open competition. While competing products and manufacturing abilities were deemed not acceptable for this current effort. The Government will continue to monitor the industry and in particular, during the course of the current contract to assess improvements and developments in LESW alternatives for future contracting actions.

ii. Contract number: W15QKN-05-P-0106

Contractor: Taser International Inc.

Award date: 31 March 2005

Items Procured: Modified Taser Cartridge 21 ft. Simulation

Solicitation Basis: Not enough information available

Dollar Value: $20,115.76 (estimate)

Period of Performance: 225 days after contract award

Contract Type: FFP Purchase Order with two options

There is not enough information available to determine if a Sole Source Justification was approved for this procurement.

iii. Contract number: W15QKN-05-P-0308

Contractor: Taser International Inc.

Award date: 19 May 2005

Items Procured: Extended Range EMD Projectile

Solicitation Basis: Not enough information available

Dollar Value: $65,000.00

Period of Performance: 5/19/2005 until 12/30/2005

Contract Type: FFP Purchase Order (Service Contract)

(LESD) Program TASER® XP25 Cartridge™

TASER® X26 Conducted

iv. Contract number: W15QKN-05-F-0037

Contractor: Aardvark Tactical, Inc

Award date: 23 September 2005

Items Procured: Taser X26, Solicitation Basis: Not enough information available

Dollar Value: $49,676.24

Period of Performance: 9/23/2005 until 11/22/2005

Contract Type: FFP Purchase Order

b. Acquisition Data Availability: The Government intends to acquire this item on a sole source basis from Aardvark, who is the sole distributor for TASER International, to the US Government. The TASER® XP25 cartridge, TASER® X26 CEW and accessories are commercial items and all data associated with design or manufacture of the item (e.g. baseline documentation, analysis data, test data, results of reviews, engineering data, drawings or models) is proprietary to TASER International. The Government does not require information (e.g. product safety, potential future product improvements, and configuration management) in order to support the long term sustainment of the item.

c. Unusual and compelling urgency: There is no unusual or compelling urgency for this action FAR 6.302-2 is not applicable for this action.

d. Subcontracting Competition: The proposed contractor is a small business and will not be required to furnish a Subcontracting Plan in accordance with FAR 52.219-

9. However, FAR clause 52.244-5, Competition in Subcontracting, will be included in the solicitation to encourage maximum competition should there be subcontracting opportunities. In addition FAR 52.219-8, Utilization of small business concerns will be included.

(LESD) Program TASER® XP25 Cartridge™

TASER® X26 Conducted

11. Technical Certification: I certify 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.

December 06, 2013 //signed//

Deputy Program Manager

12. Requirement Certification: I certify 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.

December 06, 2013 //signed//

Deputy Program Manager

13. Fair and Reasonable Price Determination: I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

The resulting proposal will be subjected to price analysis, audit, formal technical evaluation and comparison to the Independent Government Cost Estimate (IGCE).

Certified Cost and Pricing Data will not be required IAW FAR 15.403-1(b)(3).

April 03, 2014

Contracting Officer

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

April 03, 2014

Contracting Officer

(LESD) Program TASER® XP25 Cartridge™

TASER® X26 Conducted

APPROVAL

Based on the foregoing justification, I hereby approve the procurement of “Taser®” XP25 Cartridge, Taser® X26 CEW and accessories on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 2304(c)(1); FAR 6.302- 1(a)(2)(ii)(A)&(B) subject to the availability of funds, and provided that the services and property described herein have otherwise been authorized for acquisition.

Wednesday, 30 April, 2014

Special Competition Advocate