Att_2-Sole_Source_Determination_Not_Exceeding_Redacted.pdf

Attachment 1 U.S. Customs and Border Protection

Sole Source Determination For Actions Not Exceeding the SAT

March 2026

Date: 9/04/2026 PR Number: 20156624

1. Identification of the agency and the contracting activity:

The Department of Homeland Security, Customs and Border Protection (CBP), Laboratories and Scientific Services (LSS), requires the procurement of portable cannabis analyzers.

2. Nature and/or description of the item/service being procured and anticipated cost:

CBP LSS requires portable cannabis analyzers for use at field laboratories, forward-operating laboratories (FOL), and on mobile operations. This requirement is to purchase the Orange Photonics LightLab3 analyzer and warranty. The anticipated total price is approximately

3. Authority to award a sole source order:1 (Check the authority below based on the procurement procedures being followed)

_________ RFO Subpart 8.4/GSAR 538.7104-3(a) ____X_____ RFO 12.102(a) _________ RFO 13.101(b)

_________ RFO 16.507-6

4. Sole Source Determination Rationale: (Check one and explain below):

For RFO Subpart 8.4, Part 12 and Part 13 procurements, check one of the following:

_____X___ Only one source reasonably available.

_________ Urgent and compelling circumstances exist.

_________ Exclusive licensing agreement exists.

____ _____ Item peculiar to one manufacturer. If this requirement applies to a portion of the procurement, please identify that portion.

_________ Industrial Mobilization _________ Other. Explain:

CBP has identified only one product, LightLab3 to meet the requirements for this acquisition in terms of technical capabilities, law enforcement standards, and ensuring proper cybersecurity.

Regarding the technical criteria, many cannabis analyzers use the near-infrared (NIR) and

1 In this document, citations to RFO Parts 8, 12, 13, and 16 are citations specifically to Federal Acquisition Regulation (FAR) Class Deviation 25-20 for FAR Part 8, FAR Class Deviation 25-21 R1 for FAR Part 12, FAR Class Deviation 26-01 R1 for FAR Part 13, and FAR Class Deviation 26-04 R1 for FAR Part 16, which were issued as part of the Revolutionary FAR Overhaul (RFO), which was implemented in response to Executive Order 14275, Restoring Common Sense to Federal Procurement, signed April 15, 2025.

Sole Source Determination For Actions Not Exceeding the SAT

March 2026 ultraviolet (UV) spectroscopic techniques without chromatographic separation to estimate the amount of THC in samples. The NIR technique can only provide information about three or four cannabinoids. Others may detect more cannabinoids but require using a smartphone or computer to connect to the company for the instrument to work properly; however, that introduces cyber concerns. The LightLab3 can measure 14 standard cannabinoids as well as 4 semi-synthetic cannabinoids and works as a stand-alone instrument.

The LightLab3 is the only instrument that separates, identifies, and quantifies multiple cannabinoids (over 10 different ones). It is a portable unit that uses liquid chromatography to separate and identify cannabinoids (e.g. THC, CBD) in various types of samples. LSS requires this exact item as it meets all technical criteria and ensures accurate and quick test results while in an operational environment.

For RFO Subpart 16.5 procurements, refer to the exceptions to fair opportunity at RFO 16.507- 6(b) and check one of the following:

_________ The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

_________ Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

_________ The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order. If the contracting officer uses the logical follow-on exception, the rationale must describe why the relationship between the initial order and the follow-on is logical (e.g., in terms of scope, period of performance, or value).

_________ It is necessary to place an order to satisfy a minimum guarantee.

_________ Item peculiar to one manufacturer. If this justification applies to a portion of the procurement, please identify that portion. For an order in excess of $40,000, CBP intends to provide this justification and supporting documentation along with the solicitation to all contract awardees pursuant to RFO 16.507-7(c). (*Rename this document a “Justification for Brand Name Exception to Fair Opportunity” if RFO 16.507-7 applies.)

Explanation of the rationale cited: N/A

Sole Source Determination For Actions Not Exceeding the SAT

March 2026

5. The anticipated price will be determined fair and reasonable based on one or more of the price analysis techniques described below. (Check one and provide short explanation or description of action taken):

____X_____ Market Research.

_________ Comparison of the proposed price with prices found reasonable on previous purchases.

_________ Current price List.

_________ Comparison with similar items in a related industry.

____X_____ Comparison to IGCE.

_________ Contracting Officer’s personal knowledge.

_________ Other. Explain:

Pricing will be determined fair and reasonable based on comparison to the government estimate and market research findings.

6. Technical/Requirements Personnel Certification:

I certify that this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for the Sole Source Determination (or “Justification for Brand Name Exception to Fair Opportunity”) is accurate and complete.

9/4/2026 Technical Representative/COR Date

7. Contracting Officer Certification/Approval:

I hereby determine that the circumstances described herein exist and that the information is accurate and complete to the best of my knowledge:

Contracting Officer Date