10--NSN: 1095-01-543-2189, FIRING DEVICE, NON-LETHAL NSN: 6135-01-528-6895, BATTERY, NON-RECHARGE NSN: 1095-01-528-6893, CARTRIDGE, ELECTRICAL NSN: 1095-01-528-6894, CARTRIDGE, ELECTRICAL

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION CMO # 09-266 1. Contracting Agency: U.S. Army, Contracting Command, TACOM (RI), Contracting Center Rock Island, IL 61299 7630. 2. Description of Action: This action will result in a 3 year Indefinite Delivery Indefinite Quantity (IDIQ) with Aardvark Tactical, Inc, the sole authorized Federal Distributor for Taser International. Taser International is the actual manufacturer of the X26 Series, however, after discussions with Taser, they directed the Government to Aardvark Tactical. Award is projected for the 3rd qtr FY09 and AWCF funds will be used. An acquisition plan is not required because it does not meet the dollar threshold for an acquisition plan. 3. Description of Supplies/Services: a. This action is for various parts for the X26 Stun Gun. The proposed contractor is Aardvark Tactical, Inc. (ATI) located in Azusa, CA. They are a small business supplier of the non-lethal weapons, riot control, force protection, and tactical equipment. ATI's main role is a distributor of third-party tactical equipment to the military and police agencies. It specializes as a "system integration hub", capable of acquiring, organizing, and repackaging products from separate sources into desired configurations for deliveries to specified locations. Aardvark is the sole authorized Federal distributor for Taser International. b. The Taser X26 System meets the mission needs of the US Military via patented, proprietary Electro-Muscular Disruption (EMD) technology that utilizes electrical current to disrupt voluntary control of muscles. This temporary neuromuscular incapacitation is typically more efficient and humane than other means of delivering a non-lethal force necessary to subdue fleeing, belligerent, or potentially dangerous subjects. Furthermore, the acquisition of these particular items assures compatibility among currently-fielded items. The items to be procured are: Maximum ITEM NSN Estimated Qty Firing Device, Non-Lethal 1095-01-543-2189 5,500 Battery, Non-recharge 6135-01-528-6895 6,200 Cartridge, Electrical 1095-01-528-6893 5,000 Cartridge, Electrical 1095-01-528-6894 5,000 The total estimated value is $6,633,292.00. 4. Authority Cited: 10 USC 2304(c)(1), Only one Responsible Source as implemented by FAR 6.302 1. 5. Reason for Authority Cited: a. As authorized by FAR 6.302 1, procurement by other than full and open competition is necessary because the Government possesses no rights to the Technical Data Package for the end item or its components. The Taser X26 Series are commercial items proprietary to Taser International, however, per direction of Taser International action will be directed to Aardvark Tactical, the sole authorized Federal distributor. b. Although there may be other commercial solutions which could meet the requirements of the Taser X26 Series spare parts, the extended schedule ands costs associated with qualifying a new contractor makes this option prohibitive. If this particular acquisition is not executed via sole source to Aardvark Tactical, Inc., the US Government will not be able to equip personnel with items that meet mission needs within a reasonable budget and timeframe. It is estimated that the development of qualification procedures would cost $50,000.00 and take 18 months to complete. Furthermore, once the qualification procedures are developed, it is estimated that the actual qualification of sources would cost an additional $2,000,000.00 and take an additional 24 months to complete. The purpose of this contract is to provide sustainment support of the end item. Aardvark Tactical is currently providing the Taser X26 Series in the field. In order to maintain interchangeability with parts for field level repairs, it is necessary that the Taser X26 Series spare parts be procured from Aardvark Tactical, the sole authorized Federal distributor. 6. Efforts to Obtain Competition: This requirement has been synopsized in FedBizOpps on 24 February 2009 to alert interested contractors and subcontractors. 7. Actions to Increase Competition: There are currently no efforts to increase competition. As stated in paragraph 5 above, the cost of qualifying another source is cost prohibitive, and it would not be recouped through competition. Funds are not available to qualify another source. 8. Market Research: Market research began in December 2008. Individuals knowledgeable in general manufacturing, small arms weapon system design, and Government acquisition were consulted. The results of market research conducted to meet similar or identical requirements were reviewed. On-line catalogs and other generally available product literature published by manufacturers, distributers, and dealers were reviewed, as well. Although there are other commercial stunt guns available, none can meet the US Government's needs for this particular acquisition because of the qualifications requirements discussed in paragraph 5. 9. Interested Sources: To date, no other sources have expressed an interest in this procurement. The notices required by FAR 5.201 were published and any proposals received shall be considered. 10. Other Factors: Procurement History: Previous procurement actions were accomplished by PM Sensors and Lasers. 11. Technical Certification: I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief. Name: XXXX Date: 3 Mar 2009 Title: Ch Small Cal Sys Branch Signature: //signed// 12. Requirement Certification: I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief. Name: XXXX Date: 26 February 2009 Title: Chief, Wpns Supt Grp Signature: XXXXXXXXX 13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost for this contract action will be fair and reasonable based on a price analysis. According to FAR 15.403-1(c)(3), certified cost and pricing data is not required. Name: _Elyse E. Ruefer_________ Date: 4 March 2009 Title: _Contracting Officer_____ Signature: 14. Contracting Officer Certification: I certify that this J&A is accurate and complete to the best of my knowledge and belief. Name: _Elyse E. Ruefer_________ Date: 4 March 2009 Title: _Contracting Officer_____ Signature: APPROVAL CMO # 09-266 Based on the foregoing justification, I hereby approve the procurement of the aforementioned Taser X26 Series spare parts listed in paragraph 3 at a total estimated value of $6,633,292.00, on other than full and open competition basis pursuant to the authority of FAR 6.302-1, subject to the availability of funds, and provided that the services and property described herein have otherwise been authorized for acquisition. DATE: 6 March 2009 SIGNATURE:__//signed//__________ LA RUTH SHEPHERD Competition Advocate