Determination that Only One Source is Reasonably Available (Including Brand Name) - FAR Part 13 Acquisitions under the SAT (V1.6.pdf

CUI

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:

The MCAGCC PMO utilizes the CLETS database via a portal through the San Bernardino County Sheriff's Department. CLETS stands for CALIFORNIA LAW ENFORCEMENT TELECOMMUNICATIONS SYSTEMS, is used by law enforcement and criminal justice agencies to query and update various data bases such as: stolen vehicles, SYS, guns, property, Sherriff Automated Warrants, California Name Index, Sheriff Jail Management System and missing persons. This system also gives these agencies the ability to send and receive point to point administrative messages to other law enforcement agencies throughout the United States on wanted subjects, and state and national security information. POP Dates: 1 OCT 2025- 30 SEP 2026

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

COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

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

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

Each city agency through the state has the ability to access CLETS only through their county portal. In San Bernardino County the portal is retained through the San BernardinoSheriff's Department. To access this portal there are costs associated with access as well as maintenance fees for data transfer and collection. The State of California designates each

Controlled by: DON, USMC, I&L HCA Controlled by: RCO 29 Palms CUI Category(ies): PROCURE Limited Dissemination Control: DL ONLY POC: Jennifer Rider 760.830.3413

Determination that Only One Source is Reasonably Available (Including Brand Name) – FAR Part 13 Acquisitions under the SAT county Sheriff as the CLETS portal designee for that county. CLETS is a state searchable database which is instrumental for law enforcement agencies. No other database is offered by any entity in lieu of CLETS.

2. ___ EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

3. ___ OTHER REASONS.

B. ___ BRAND NAME

Item required must be a brand name, product, or feature of a product, particular to one manufacturer.

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.

____________________ David Dembowski _19Sep25___ 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.

____________________ SSgt Saul Becerra _________ Signature Name (Printed) / Phone # Date

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

Distribution List for DL ONLY Limited Dissemination Control

MCFCS Personnel

LB Personnel

Procurement Team Personnel (to include but not limited to: Legal, Customers/Requirements Owners, Source Selection Personnel, Small Business Representatives)

Any other individual designated by the KO