5673-0 Sole-Source Memo Final.pdf

SOLE-SOURCE DETERMINATION MEMO

FOR SUPPLIES AND SERVICES – OB# S-44300-00006560

Date: April 19, 2023 Sole source number: 5673-0

To: Kirk N. Rhoades, Designated Procurement Officer DHS Office of Contracts & Procurement

Requestor: Travis Bartholomew, ORELAP Manager Agency/division: OHA/PHD, herein after referred to as “Agency” Program/office: CPHP/Oregon State Public Health Laboratory/ORELAP Contract specialist: Jan Croeni

Agency Sole source rule: Sole source authority:

OHA OAR 137-047-0275 ORS 413.033

Estimated total contract value: N/A. Phenova will bill individual testing laboratories directly for costs related to the cannabis matrix proficiency tests. OSPHL is facilitating the effort as a courtesy.

Description of goods or services: Proficiency Testing (PT) study with cannabis matrix PT samples in Oregon for cannabis testing laboratories accredited or seeking accreditation from ORELAP, for up to ten (10) years.

Background: This sole source justification applies to the preparation of Cannabis Matrix Proficiency Tests, to include:

Manufacture PT standards in real cannabis matrix for both potency and pesticides as established in the most current version of OAR 333-007-0400 and OAR 333-007-0410.

The cannabis matrix PT samples will be prepared in a private cannabis testing laboratory:

• located within Oregon

• approved in advance by ORELAP Manager;

• with a dedicated workspace to complete the preparation of matrix PT samples;

• with a lockable storage location for matrix PT samples and must store the marijuana in a secure manner at the pre-approved storage location in a place and location that no one else can access.

OSPHL has contracted with Phenova since 2016 when the need first arose. Initially, a “State of Oregon Services Purchase Order for Small Procurements” was utilized (OHA Services PO #152147). This process was used for 2016 and 2017. In 2018, a Personal/Professional Services Contract (OHA #156609) was executed to formally identify and delineate responsibilities, terms and conditions for these services. OSPHL recently submitted a “Reinstatement Amendment Request” as the Phenova contract had unintentionally been allowed to expire. The Office of Contracts and Procurement notified OSPHL that this vendor/service did not have appropriate procurement approval in place to extend Phenova’s contract. After several discussions between OCP and OSPHL, and additional market research performed by OHA, it was deemed a Sole Source Determination is the most appropriate procurement action to pursue because any potential contractor to provide PT samples must be accredited by a Proficiency Testing Provider Accreditor (PTPA) that meets the TNI requirements. Of the seven (7) accredited companies, Phenova is the only provider who possesses the knowledge and experience and who has responded to OSPHL and is eligible and agrees to provide all of the required service components.

2. Prospective contractor/vendor:

Legal entity name: A Phenomenex Company DBA: Phenova Address: 6390 Joyce Drive Suite 100, Golden, CO 80403 Contact person: Keith Ward, Senior Operations Manager Phone: (303) 940-0033 Email: KeithW@phenova.com

Protests are due by 3:00 PM within seven calendar days after the first date the notice is posted on OregonBuys. Protests must be sent via mail, fax, email, or hand carried to the following address: Protests via telephone will not be accepted.

Oregon Shared Services/DHS and OHA Office of Contracts and Procurement ATTN: Benjamin Coleman Address: 635 Capital St NE Ste 350 Phone: 503-910-6125 Fax: 503-378-4324 Email: Benjamin.R.Coleman@odhsoha.oregon.gov

Agency reserves the right to purchase additional goods, services and/or training as needed.

3. Written findings of fact (market research):

The findings below must include factual information supporting the determination that meet the sole source requirement in statute.

Pursuant to ORS 279B.075, Agency must conduct market research that supports the assertion that there is only one source that can provide the goods or services. Market research includes utilization of the internet, trade journals, agency vendor lists, professional organizations, studies, catalogs/industrial periodicals, vendor sources, yellow pages, etc.

Agency must select at least one of the findings and prepare the determination as it specifically relates to the good or service being procured. More than one finding can be addressed. The findings are as follows:

Pursuant to ORS 279B.075 (2)(a): Provide findings supporting the determination that the efficient utilization of existing goods requires the acquisition of compatible goods or services from only one source.

or Pursuant to ORS 279B.075 (2)(b): Provide findings supporting the determination that the goods or services required for the exchange of software or data with other public or private agencies are available from only one source.

or Pursuant to ORS 279B.075 (2)(c): Provide findings supporting the determination that the goods or services are for use in a pilot or an experimental project.

or

Pursuant to ORS 279B.075 (2)(d): Any other findings that support the conclusion that the goods or services are available from only one source.

Cannabis matrix PT samples can only be prepared by an accredited Proficiency Testing Provider (PTP) who meets the TNI requirements. There are seven providers who meet this criteria. Five of the seven do not include THC in the cannabis matrix (as required by Oregon) and the only other remaining vendor did not respond to OSPHL that they are willing and able to provide the services. This leaves the remaining provider, Phenova, as the sole potential contractor who has notified OSPHL and affirmed their ability and willingness to provide the full scope of services (as identified in the attached Statement of Work).

APPROVED:

By:

Kirk N. Rhoades or acting DPO

The findings are accepted, adopted, and incorporated by reference herein.