A3. M501695743368- Sole Source.pdf

Determination that Only One Source is Reasonably Available (Including Brand Name) – FAR Part 13 Acquisitions under the SAT

V 1.6 (20 December 2023)

MEMORANDUM TO THE FILE

Subj: DETERMINATION THAT ONLY ONE SOURCE IS REASONABLY AVAILABLE FOR

A FAR PART 13 ACQUISITION UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

I. BACKGROUND:

1. FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, 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).

2. As required by FAR 13.106-3(b)(3)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement (or portion of the requirement to be sole-sourced) is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

This request is for the procurement of one (1) ea. INTOX DMT breathalyzer (PN: DOM-SC-INTOX DMT) with attachments. The intended use of this item is to provide accurate means for chemical breath testing to effectively determine driver impairment. The name of the required source is Intoximeters Inc., and the required delivery date is 1 September 2025.

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION IS

BASED ON THE FOLLOWING (select all that apply):

A. ___ ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1. ___ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

2. _X__ EXCLUSIVE LICENSING AGREEMENTS.

This device will have software specifically written and designed for SLED in accordance with the SLED Policy and Procedures Manual. Intoximeters Inc. is the sole source provider to SLED for the INTOX DMT with exclusive licensing agreements in accordance with the specifications in the SLED RFP #5400026594. Contract #4400035143 dated July 19, 2024.

Per state regulations, state law, and SLED Policy, all breath testing devices located within South Carolina will be certified and regulated by the South Carolina Law Enforcement Division. SLED Implied Consent will certify, inspect, maintain, repair, calibrate, perform verification of linearity, and provide all breath testing supplies per state regulations and SLED Policy.

3. ___ OTHER REASONS.

B. _X__ BRAND NAME

Intoximeters Inc. is the sole manufacturer and provider of Intox DMT breath alcohol testing instrument. This device is required by MCO 5110.1D (Motor Vehicle Traffic Supervision) and South Carolina Code, Section 56-5-2930: Operating motor vehicle while under influence of

Determination that Only One Source is Reasonably Available (Including Brand Name) – FAR Part 13 Acquisitions under the SAT

V 1.6 (20 December 2023) alcohol or drugs; penalties; enrollment in Alcohol and Drug Safety Action Program; prosecution.

The South Carolina Law Enforcement Division (SLED) is replacing all existing DMTs in the state, and the Provost Marshal's Office (PMO) must upgrade to continue this capability. SLED administers all chemical breath testing in South Carolina and upon the initial purchase by PMO, SLED will certify and install the INTOX DMT. SLED will assume responsibility for all maintenance/ repairs and will provide all supplies necessary to complete a chemical breath test.

This device must be purchased according to the specifications in the South Carolina Law Enforcement Division (SLED) Evidential Breath Testing Instruments used for South Carolina's Breath Alcohol Testing Program in Driving Under the Influence Cases, and subsequent contract #4400035143. This device will have software specifically written and designed for SLED in accordance with the SLED Policy and Procedures Manual. The only company authorized to sell its proprietary equipment is Intoximeters Inc.

C. ___URGENT AND COMPELLING. The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals. Urgent requirements are supplies or services that will result in a work stoppage or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

1. Date on which the requirement was first identified:

2. Required delivery date/period of performance:

3. Explanation of why delivery/commencement of services by the date mentioned above is required:

V. CERTIFICATIONS:

A. Technical / Requirements Certification: I certify that the facts and representation under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.

Signature Name (Printed) / Phone # Date

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

Signature Name (Printed) / Phone # Date