M6700124Q1141 Traffic Analyzers Sole Source Justification.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:

The Camp Lejeune Provost Marshal’s Office (PMO) Traffic Accident Investigation Division (AID) requires North Carolina NC350 Blue Star Traffic Analyzers to monitor and capture traffic data aboard the installation. These traffic analyzers are used in accordance with MCO 5580.2B W/CH2 (Marine Corps Law Enforcement Manual) and MCO 5110.1D (Motor Vehicle Supervision Manual). AID investigators also use traffic analyzers to determine optimal traffic density patterns that directly impact overall safety throughout the installation. The use of NC350 Blue Star Traffic Analyzers also comply with the Federal Assimilative Crimes Act in that any subsequent enforcement of traffic laws through the direct or indirect employment of the traffic analyzers would make North Carolina State law applicable aboard the installation. Due to the importance of the traffic analyzers to the overall PMO traffic enforcement mission and direct safety of personnel residing and working aboard the installation, PMO is requesting delivery of the traffic analyzers by 6 September 2024.

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.

MH Corbin, LLC is the sole source provider for the Highway Data Management (HDM) software in the state of North Carolina. Any upgrades to the HDM software have to come from MH Corbin, LLC. The upgraded software is required to download and analyze data from the NC350 Blue Star Traffic Analyzers, which are direct replacements for the legacy traffic analyzers that are currently on hand.

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

V 1.6 (20 December 2023)

2. _X_ 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.

NC350 Blue Star Traffic Analyzers are only available through the Original Equipment Manufacturer (OEM) MH Corbin, LLC. MH Corbin, LLC does not have authorized distributor.

3. ___ OTHER REASONS.

B. ___ BRAND NAME

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: N/A

2. Required delivery date/period of performance: N/A

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