5764-0 Siemens Sole Source.pdf

SOLE-SOURCE DETERMINATION MEMO

FOR SUPPLIES AND SERVICES

Date: 8/16/23 Sole source number:

To: Kirk N. Rhoades, Designated Procurement Officer

ODHS Office of Contracts & Procurement

Requestor: Joseph Pickering

Agency/division: OHA/OSH, herein after referred to as “Agency”

Program/office: Facilities / Operations

Contract specialist: Lynette Hass

Agency Sole source rule: Sole source authority:

DHS OAR 125-247-0275 OAR 125-246-0170(2)

DAS Delegation 649-11, as amended

OHA OAR 137-047-0275 ORS 413.033

DAS Delegation 649-11, as amended

Estimated total contract value: $166,546

Description of goods or services: Siemens will replace 2 existing NCC Workstations with the Desigo CC Fire Management Station. Siemens will provide system hardware, software, programming, and training. Additional details available in Siemens Proposal.

1. Background: This sole source justification applies to the purchase of:

a) Oregon State Hospital is currently using an obsolete fire control system on loan from Siemens due to the inability to source parts for repair of OSH owned system. OSH must now purchase new equipment and return loaned equipment to Siemens.

b) Siemens will replace 2 existing NCC Workstations with the Desigo CC Fire Management Station. Siemens will provide system hardware, software, programming, and training. Additional details available in Siemens Proposal.

c) The hardware and software components of this procurement are proprietary products specific to Siemens and required to effectively operate in conjunction with the current OSH fire control system. Siemens is the sole provider of equipment required for this project.

2. Prospective contractor/vendor:

Legal entity name: Siemens Industry, Inc.

DBA:

Address: 100 Technology Dr. Alpharetta, GA 30005

Contact person: Justin Schmidt

Phone: 971-713-8093

Email: Schmidt.Justin@siemens.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.

Fax: 503-378-4324

Oregon Department of Human Services Office of Contracts and Procurement

ATTN: Enrique Rodriguez______________________ Address: 500 Summer St, Suite E03, Salem, OR 97301

Phone: 503-569-8279 Email: enrique.rodriguez@odhsoha.oregon.gov

Agency reserves the right to purchase additional goods, services to include on-call maintenance, preventative maintenance, repair (unless available on DAS price agreement), or training.

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.

For information technology contracts, any ownership or proprietary issues should be fully addressed with written documentation to support facts.

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.

APPROVED:

By:

Signed by DPO electronically via OregonBuys

Kirk N. Rhoades or acting DPO

BRAND NAME DETERMINATION:

If a brand name is involved, Agency must also satisfy the requirements of OAR 125-247-

0691 by completing Attachment 1.

ATTACHMENT 1

DETERMINATION OF BRAND NAME SPECIFICATION

Requestor: Joseph Pickering

Agency/division: OHA/OSH, herein after referred to as “Agency”

Program/office: Facilities / Operations

Agency Brand name statute/rule: Brand name authority:

DHS OAR 125-247-0691 OAR 125-246-0170(2)

DAS Delegation 649-11, as amended

OHA ORS 279B.215 ORS 413.033

DAS Delegation 649-11, as amended Total estimated cost: $166,546

1. Background: This sole source justification applies to the purchase of:

a) Oregon State Hospital is currently using an obsolete fire control system on loan from Siemens due to the inability to source parts for repair of OSH owned system. OSH must now purchase new equipment and return loaned equipment to Siemens.

b) Siemens will replace 2 existing NCC Workstations with the Desigo CC Fire

Management Station. Siemens will provide system hardware, software, programming, and training. Additional details available in Siemens Proposal.

c) The hardware and software components of this procurement are proprietary products specific to Siemens and required to effectively operate in conjunction with the current OSH fire control system. Siemens is the sole provider of equipment required for this project.

2. Brand name to be acquired:

Legal entity name: Siemens Industry, Inc.

DBA:

Address: 100 Technology Dr. Alpharetta, GA 30005

Contact person: Justin Schmidt

Phone: 971-713-8093

Email: Schmidt.Justin@siemens.com

3. Findings to satisfy required standards:

Use of a brand name specification is unlikely to encourage favoritism in the awarding of public contracts or substantially diminish competition for public contracts because:

or

Use of a brand name specification would result in substantial cost savings to the agency or the public because or

There is only one manufacturer or seller of the product of the quality, performance or functionality required; because:

or

The efficient utilization of existing goods requires the acquisition of compatible goods or services because: The hardware and software components of this procurement are proprietary products specific to Siemens and required to effectively operate in conjunction with the current OSH fire control system.

Siemens is the sole provider of equipment required for this project.

FINDINGS

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