CMI 2026 Sole Source Justification to post.docx
DOCX document 3 MB Posted
- Attached to
- CMI Intoxilyzer 9000 instruments
- Solicitation number
- NPSS1 FHCA 2026000138 1
- Issued by
- Denver County, Denver City, Colorado
About this file
This is a Sole Source Justification form submitted by the Colorado Department of Public Health and Environment (CDPHE) for the procurement of Intoxilyzer 9000 instruments, parts, accessories, and repair services from CMI, Inc. The procurement covers new instrument models to replace older units that are no longer repairable, replacement parts, and accessories required to maintain the state's evidential breath alcohol testing program. CDPHE currently maintains, repairs, and annually certifies 225 Intoxilyzer 9000 instruments distributed across law enforcement agencies throughout Colorado. The contract modification extends the existing agreement from February 12, 2024, through February 11, 2029, adding instrument repair services to the scope of work previously limited to instruments and parts.
The estimated total project cost over the five-year term is $400,000, representing a $25,000 increase from the original $375,000 budget to accommodate repair service costs. Historical pricing analysis demonstrates minimal cost increases despite inflation, with individual instrument prices ranging from $6,426.40 in 2021 to a 2026 quoted price of $8,722.00. CMI is justified as the sole source vendor because it is the only manufacturer of the Intoxilyzer 9000 instruments used statewide since 2013, and replacing the existing fleet with alternative instruments would be cost-prohibitive and operationally infeasible. A complete replacement would require approximately $1.7 million for 212 new instruments alone, plus substantial additional costs for data management system modifications, law enforcement officer training and certification for 4,240 officers, and related operational expenses. The program's annual budget of approximately $550,000 cannot support these costs, and CDPHE has identified no alternative funding sources. Previous procurements from CMI total $186,426.40 across fiscal years 2023 through 2025.
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SOLE SOURCE JUSTIFICATION GUIDANCE
SOLE SOURCE JUSTIFICATION FORM:
This completed form is to be submitted to PCU via cdphe_pcs@state.co.us as the first step in the Sole Source Process.
Important! Consult the document “Sole Source Justification Guidance” for additional instructions.
TYPE OR CLEARLY PRINT ALL INFORMATION
Project Name: Intoxilyzer 9000 instrument, parts, accessories replacement and repair Vendor name: CMI, INC.
Vendor Address: 316 E Ninth St, Owensboro, KY 42303 Select one: __Original _X_ Modification CORE Vendor ID: VC00000000016735 PO or Contract Number (if this is a modification): PO,FHCA,202400008796
Describe the products and/or services to be procured and how they meet your needs. (This space is limited – provide a scope of work or specs as additional documentation).
This program, and the instruments provided to law enforcement, is the sole mechanism of evidential breath alcohol testing used in enforcement of Colorado’s impaired driving laws. These instruments are owned by CPDHE but are placed at and used by law enforcement agencies across the state to perform evidential breath alcohol testing. Colorado uses one instrument for evidential breath alcohol testing, the Intoxilyzer 9000s manufactured by CMI. This would be used to purchase new models that will replace older models that are no longer repairable, as well as parts for repairs and accessories requiring replacement. CDPHE currently maintains, repairs and annually certifies 225 Intoxilyzer 9000s.
List dates, agreement numbers and dollar amounts for any previously procured products or services from this vendor related to this project:
FY25/26 Sole Source PO 2024*8796, FY24 GAX $5,429.88, FY23 PO 2023*4066 $49,620.60, CT 2019*2604 $131,375.92
Term of agreement:
(If multi-year, indicate the full term up to 5 years)
| Start Date |
| 02/12/2024 |
| End Date |
| 02/11/2029 |
| If this is a modification, indicate the revised end date (if applicable). |
| Revised End Date |
| Estimated dollar amount - life of the project (up to 5 years): |
| Dollar |
amount $ 375,000.00
| If a modification, complete the following: |
| Amount |
Increased
| $25,000.00 |
| Revised |
Total $400,000.00
If a modification, state the reason(s): Modifying to include the cost of instrument repair in addition to instruments and parts.
A. Criteria: Answer both 1 and 2.
| 1. There is only one Good or Service that will meet the needs of the State. |
| Yes X |
| No |
| 2. There is only one Vendor that can supply that Good or Service. |
| Yes X |
| No |
If “NO” to either 1 or 2, answer 3 and 4, below.
3. The compatibility of equipment, software, accessories, or replacement parts is the paramount consideration and the items are only available from one vendor.
a. Is this a software package or other IT system and the existing system now requires only ongoing maintenance and support?
| Yes |
| No |
| Yes |
| No |
| 4. A sole supplier’s item is needed for trial use or testing. |
| Yes |
| No |
If “NO” to 1-4, above, this is not a sole source.
STOP
A formal solicitation is required. Complete a Purchasing Determination Form.
Submit all required documents via the PCU Request Site.
B. Explain in terms of 1 through 4, above, the basis for your identifying this as a sole source? A sole source is justified in the instance that this is the only vendor - not what the program may determine to be the best vendor. Is this the only vendor? Explain
This is the only vendor that makes the specific parts for the breath alcohol testing instruments used by the program since 2013. Without these parts, the program cannot keep these instruments functional. To ensure the department can maintain evidential breath alcohol testing across the state, the program must be able to procure some replacement instruments each year to replace those that are broken beyond repair. These instruments must be the same Intoxilyzer 9000s used by all law enforcement in Colorado to maintain functionality with the established API and data collection processes. CMI is the only vendor that sells this instrument. Replacing only some of the Intoxilyzer 9000s with a product from a different vendor is not possible from an implementation and budgetary perspective. To operate the state’s breath alcohol testing program, CDPHE certifies instruments annually in accordance with regulatory requirements, provides them to law enforcement, annually certifies the officers conducting the testing, and captures the data associated with every breath test performed via automatic established VPN/API data management. Replacing only some of the instruments with a different model, would not only require the purchase of the instruments, but establishment of new data management systems and training and certification of all certified law enforcement officers (currently 4240 officers) on two systems at minimum. Costs for this would be significant. Replacement of all existing instruments with a new model is also cost prohibitive for the program. A breathalyzer instrument costs approximately $8000. The program would need to purchase at least 212 instruments equating to a cost of $1,696,000. This does not include any additional costs associated with training of staff, training and certification of law enforcement, data management, or FTE time. The program has an annual budget of approximately $550,000 for all personnel and operating expenses. This funding is appropriated from the Law Enforcement Assistance Fund which only contains approximately $1,700,000 annually and CDPHE is not the only agency that receives appropriations from this fund. CDPHE has not identified any other funding sources available to this program. If the program cannot continue to procure Intoxilyzer 9000s and associated parts and accessories, CDPHE will be unable to operate the program.
C. What makes this good or service unique to meeting your needs?
CMI was awarded the initial solicitation for the evidential breath alcohol testing instrument for the State of Colorado. 4,000+ law enforcement officers across the state are trained to use the instrument and our current IT infrastructure supports the encrypted data flow.
| D. Is the Good or Service Proprietary (product or technology entirely owned by the individual/company and usually protected by trademark or copyright)? |
| Yes X |
| No |
E. What type of required, specific and exclusive experience, certifications, licenses etc. are possessed by this vendor that directly relate to the good or service to be procured?
CMI, Inc. is a leading manufacturer of breath alcohol testing instruments in the U.S., Canada, and around the world. The company manufactures the Intoxilyzer brand of evidential instruments using infrared spectrometry (IR) alcohol detection technology. The Intoxilyzer instruments are used by a majority of U.S. state testing programs for evidential DUI enforcement.
F. What research has the program conducted to justify this sole source?
The program regularly interacts with other vendors that manufacture breath alcohol testing instruments, there are additional companies that manufacture different instruments, but these are the only that are in use in Colorado currently.
| G. Do you have an actual or potential conflict of interest in this purchase? (For example, is an individual from the Department or a family member affiliated with the vendor as an employee, board member, volunteer, etc.?) |
| Yes |
| No X |
If Yes: Please Explain. (This space is limited – please provide additional documentation if applicable.)
H. This Section is Required – You must answer “Yes” to at least one.
| 1. Did you compare prices/rates to established catalog prices or market prices? (If “Yes”, attach documentation) |
| Yes |
| No X |
| 2. Did you compare prices/rates to historical prices or rates for similar items or services procured in the past? (If “Yes”, attach documentation) |
| Yes X |
| No |
| 3. Did you conduct a cost/price analysis? (If “Yes”, attach documentation) |
| Yes |
| No X |
If No to #3 above:
| 4. Do you know if the cost is "fair and reasonable"? |
| Yes X |
| No ☐ |
Demonstrate how you determined fair and reasonable prices/rates: Attach additional pages if required.
The historical price analysis shows a minimal increase in the instrument price despite significant inflation.
Division: DCPHR Program: Evidential Breath Alcohol Testing Program Contact Name: Corinne Reid Phone: 720-812-0373 Program Manager: Corinne Reid
Historical Price analysis:
| Year |
| Cost of one I-9000 |
| 2021 |
| $6,426.40 |
| 2022 |
| $6,476.40 |
| 2023 |
| $7,448.00 |
| 2024 |
| $8,160.00 |
| 2025 |
| $8,468.00 |
| 2026 (quoted price) |
| $8,722.00 |
--------------------------------------------------------------------------------------------------------------------------------------------------------------------- Procurement Use Only:------------------ Comments:
Approved: __________________________________________________________________________ Agency Procurement Director or Authorized Representative Signature Date Posted on VSS? Yes ☐ No ☐ If posted, original Intent to Sole Source VSS# __________________________________________
If not posted or modified, Approved CDPHE Request #: _______________________________________
Sole Source Justification 2 Version A2021
File details come from the government source that posted it. Updated .