50-30500-25-00550_50-30500-25-00550 Sole Source Determination Form. Final.pdf.PDF

2021 Sole Source Form

STATE OF NEW MEXICO

SOLE SOURCE REQUEST AND DETERMINATION FORM

A sole source determination is not effective until the sole source request for determination has been posted for thirty (30) calendar days without challenge, and subsequently approx ed in writing by the State Purchasing Agent or, for Professional Services Agreements, the Secretary of the General Services Department. The foregoing requirement is regardless of whether the sole source request for determination has been signed by the Agency and/or the Contractor.

I. Name of Agency: New Mexico Department of Justice

Agency Chief Procurement Officer: Rosalie Trujillo

Telephone Number: (505) 681-1130

Agency Contact for this request: Katerina Evans

Telephone Number & Email Address:

(505) 303-1798 kevans@nmdoj.gov

II. Name of prospective Contractor: Forensic Technology Inc.

SHARI* Vendor Number (must be active): 163562

Address of prospective Contractor:

7975 114th Ave. North, Suite 2500 Largo, FL 33773-5028

Contact Name, Telephone Number and Email Address:

Jeff Russell

(720) 621-4580 Jeffrey.Russell@ultra-ft.com

Amount of prospective contract before tax: $992,517 Estimated tax amount (tax is subject to change): $19,763.28

Term of prospective contract: Four Year Term

Note: For terms longer than one year, Request for Policy Exemption from DFA MUST be included.

III. Agency is required to state purpose/need of purchase and thoroughly list the services i

(scope of work), construction or items of tangible personal property of the prospective contract (if this is an amendment request to an existing contract, include current contract number issued by SPD):

The New Mexico Department of Justice (NMDOJ) is spearheading a transformative initiative to enhance public safety and combat firearm-related crimes through intelligence-driven investigations. The New Mexico Crime Gun Intelligence Center (CGIC) is designed to revolutionize law enforcement’s ability to track, analyze, and solve gun crimes statewide. This initiative aligns with national best practices in leveraging forensic technology and cross-agency collaboration to identify and prosecute violent offenders efficiently.

The NMDOJ will be purchasing four National Integrated Ballistic Information Network (NIBIN) machines along with warrantees for each machine and the equipment needed for them to function which is listed below. These NIBIN machines will serve as the foundation for the CGIC initiative, ensuring that law enforcement agencies across New Mexico have access to NIBIN technology.

Scope of Work / Items of Purchase The requested purchase includes the procurement of NIBIN technology, essential equipment, and operational support tools necessary to maintain and expand CGIC’s capabilities.

1. NIBIN Technology & Equipment - $1,012,280.28 o Four NIBIN Machines — $606,892

* Deployment of new NIBIN machines across designated sites in Farmington, Gallup, Roswell, and Las Cruces

« Supports forensic ballistic analysis to rapidly link crime scenes involving firearms o Services (Shipping, Installation, Training): $95,941.28 » Price: $91,264 = NM sales tax (5.125%): $4,677.28 o Four Year Warranty for All Four NIBIN Machines: $309,447.00 « Ensures continued operational integrity of the NIBIN machines, covering repairs, maintenance, and technical support « Price: $294,361 «= NM sales tax (5.125%): $15,086.00

This purchase will enhance CGIC’s operational efficiency, provide critical forensic and investigative resources to law enforcement agencies, and expand public safety efforts in New Mexico.

IV. Provide a detailed explanation of the criteria developed and specified by the agency as necessary to perform and/or fulfill the contract and upon which the state agency reviewed available sources. (Do not use “technical jargon;” use plain English. Do not tailor the criteria simply to exclude other contractors if it is not rationally related to the purpose of the contract.)

The criteria for this contract were developed based on the specific needs of the Crime Gun

Intelligence Center (CGIC) initiative, which requires an advanced ballistic imaging and analysis system that integrates seamlessly with national law enforcement databases. The agency identified the following essential requirements for the contract:

1. Ballistic Imaging Capability — The system must have the ability to capture high-resolution images of shell casings and bullets to facilitate firearm tracing and crime gun intelligence analysis.

2. Integration with the National Integrated Ballistic Information Network (NIBIN) — The system must connect directly with the NIBIN database, maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), to allow rapid comparison and analysis of ballistic evidence across jurisdictions.

3. Real-Time Crime Gun Tracing — The technology must support immediate and accurate matching of ballistic evidence, enabling law enforcement to quickly identify links between firearm-related crimes and suspects.

4. Proven Law Enforcement Use — The selected system must be a recognized and widely adopted tool among federal, state, and local law enforcement agencies to ensure compatibility and reliability in criminal investigations.

5. Training and Technical Support — The provider must offer comprehensive training and ongoing technical support to ensure that personnel can effectively operate the system and interpret results.

6. Data Security and Compliance — The system must meet all federal and state data security requirements, ensuring that sensitive law enforcement data is protected and accessible only to authorized personnel.

The agency conducted a thorough review of available solutions and determined that only one provider meets all these criteria, justifying the need for a sole-source procurement.

V. Provide a detailed, sufficient explanation of the reasons, qualifications, proprietary rights or unique capabilities of the prospective contractor that makes the prospective contractor the one source capable of providing the required professional service, service, construction or item(s) of tangible personal property. (Please do not state the source is the “best” source or the “least costly” source. Those factors do not justify a “sole source.”)

The Integrated Ballistic Identification System (IBIS®) uses technology that encompasses several patents protected in the United States and throughout the world. As such, manufacturing and servicing these products require access to proprietary and commercially sensitive information that is only accessible to employees of Forensic Technology (Canada) Inc. and its affiliate company Forensic Technology Inc. (hereinafter collectively referred to as Forensic Technology).

Consequently, only Forensic Technology, the exclusive manufacturer of IBIS and Quantum 3D Microscope™ (Q3M), can provide their proprietary products IBIS BRASSTRAX, IBIS BULLETTRAX, IBIS MATCHPOINT, IBIS Data Concentrator, IBIS Correlation Engine, and

Q3M, as well as maintenance, upgrades and services, including data migration, moving and training services pertaining thereto.

Furthermore IBIS, currently in use in the United States under the ATF NIBIN program, is the only technology that has undergone extensive testing and complies with the security standards needed for integration into NIBIN. Other ballistic identification technologies are not compatible with NIBIN.

VI. Provide a detailed, sufficient explanation of how the professional service, service, construction or item(s) of tangible personal property is/are unique and how this uniqueness is substantially related to the intended purpose of the contract.

1. Proprietary Technology and Exclusive Manufacturing Rights The IBIS® system, which includes IBIS BRASSTRAX, IBIS BULLETTRAX, IBIS

MATCHPOINT, IBIS Data Concentrator, IBIS Correlation Engine, and the Quantum 3D

Microscope™ (Q3M), is exclusively manufactured and serviced by Forensic Technology (Canada) Inc. and its affiliate Forensic Technology Inc. These products encompass multiple patents that protect their proprietary technology, making Forensic Technology the sole provider of these ballistic identification tools.

As such:

e No other vendor has legal access to manufacture, service, or upgrade IBIS components.

e The proprietary nature of the software and hardware prevents third-party servicing, ensuring that only Forensic Technology can maintain or modify the system.

e Forensic Technology is the only entity authorized to provide necessary maintenance, upgrades, training, and data migration services.

2. Exclusive Integration with ATF’s NIBIN Program The NIBIN system is the only ballistic identification technology that has been extensively tested and certified to meet the security and compatibility standards set by the ATF. IBIS is the only technology capable of integrating directly into NIBIN, allowing law enforcement to conduct forensic ballistic analysis at both the local and national levels.

e No other ballistic identification system is compatible with NIBIN, meaning alternative solutions would not meet the program’s requirements or contribute to national firearm crime investigations.

e Because the ATF regulates and maintains the NIBIN network, only IBIS systems and services can function within the established forensic intelligence infrastructure.

e This exclusivity ensures seamless interoperability across jurisdictions, allowing investigators in New Mexico to link gun crimes to cases across the country.

VII. Explain why other similar professional services, services, construction or item(s) of tangible personal property cannot meet the intended purpose of the contract.

No other professional service, equipment, or ballistic identification system can meet the intended purpose of this contract because IBIS is the only technology authorized for use within ATF’s National Integrated Ballistic Information Network (NIBIN). Forensic Technology Inc. is the sole manufacturer and service provider for IBIS hardware, software, and maintenance, making it the only vendor legally and technically capable of supporting CGIC operations. Other systems lack NIBIN integration, federal security approvals, and the proprietary forensic capabilities necessary for rapid and accurate firearm crime investigations.

VIII. Provide a narrative description of the agency’s due diligence in determining the basis for the procurement, including procedures used by the agency to conduct a review of available sources such as researching trade publications, industry newsletters and the internet; contacting similar service providers; and reviewing the State Purchasing Divisions’ Statewide Price Agreements. Include a list of businesses contacted (do not state that no other businesses were contacted), date of contact, method of contact

(telephone, mail, e-mail, other), and documentation demonstrating an explanation of why those businesses could not or would not, under any circumstances, perform the contract; or an explanation of why the agency has determined that no businesses other than the prospective contractor can perform the contract.

Since there is no other vendor or manufacturer of any type, only Forensic Technology, the exclusive manufacturer of IBIS and Quantum 3D Microscope™ (Q3M), can provide their proprietary products IBIS BRASSTRAX, IBIS BULLETTRAX, IBIS MATCHPOINT, IBIS Data Concentrator, IBIS Correlation Engine, and Q3M, as well as maintenance, upgrades and services, including data migration, moving and training services pertaining thereto.

Furthermore IBIS, currently in use in the United States under the ATF NIBIN program, is the only technology that has undergone extensive testing and complies with the security standards needed for integration into NIBIN. Other ballistic identification technologies are not compatible with NIBIN

Certified by: Date: Wf} 4. as

Agenc ief Krd&irement Officer

Agency Approval by: Date:

Cabinet Secretary/Agency or Entity Head or Designee

APPROVED: Date:

State Purchasing Agent

If this sole source is being submitted by a governmental agency or governmental entity not under the final authority of the State Purchasing Agent, the State Purchasing Agent’s signature is not required. The signature line may be removed from this form or marked as N/A. Hard Copy Documentation for Courtesy Postings do not need to be submitted to SPD for approval.

Adolfo Mendez Typewriter 4/17/2025