60-66500-25-78215_Sole Source Determination form - Updated 8.27.pdf.PDF

2021 Sole Source Form

STATE OF NEW MEXICO

SOLE SOURCE REQUEST AND DETERMINATION FORM

A sole source determination is not effective until the sole source request for determination has been posted for thirty (30) calendar days without challenge, and subsequently approved in writing by the State Purchasing Agent or, for Professional Services Agreements, the Secretary of the General Services Department. The foregoing requirement is regardless of whether the sole source request for determination has been signed by the Agency and/or the Contractor.

I. Name of Agency: Department of Health

Agency Chief Procurement Officer: Raymond Duran Telephone Number: (505) 623-1225

Agency Contact for this request: John Mondragon Telephone Number 505-383-9078 Email Address John.mondragon@doh.nm.gov

II. Name of prospective Contractor: Thermo Electron North America LLC

SHARE Vendor Number (must be active): 0000015597 Address of prospective Contractor: 1400 Northpoint Pkwy Suite 10 West Palm Beach, FL 33407-1976

Contact Name, Telephone Number and Email Address: Anthony Welch

Tel-(714)714-3946 Anthony.Welch@Thermofisher.com

Amount of prospective contract before tax: $89,009.41 Estimated tax amount (tax is subject to change): $6,786.97

Term of prospective contract: Two (2) years, Upon Signature-6/30/27

Note: For terms longer than one year, Request for Policy Exemption from DFA MUST be included.

Agency is required to state purpose/need of purchase and thoroughly list the services (scope of work), construction or items of tangible personal property of the prospective contract (if this is an amendment request to an existing contract, include current contract number issued by SPD):

The priority service plan maximizes the uptime and the performance of our instruments.

Any major downtimes will cause a major disruption in our productivity and overall laboratory output. • Targeted response time within 24 hours (2 working days) from time of down system call

• One (1) Annual on-site preventative maintenance visits by a trained engineer

• Semi-annual service history review

• 10% discount on spare parts (not covered by corrective maintenance), accessories, mailto:John.mondragon@doh.nm.gov mailto:Anthony.Welch@Thermofisher.com and consumables.

• Software and firmware updates upon request to be scheduled in conjunction with annual PM or a corrective maintenance visit

• Unlimited phone and email support

• Includes all service parts, travel & Labor

• Certified field service engineer

• Full systems check during annual PM

I. Provide a detailed explanation of the criteria developed and specified by the agency as necessary to perform and/or fulfill the contract and upon which the state agency reviewed available sources. (Do not use “technical jargon;” use plain English. Do not tailor the criteria simply to exclude other contractors if it is not rationally related to the purpose of the contract.)

The Q Exactive Focus Mass Spectrometer and LC instrument contain many moving parts and mechanical components which need regular service, monitoring, and part replacements on a consistent basis to avoid sudden, unexpected downtime. The instrument provides drug screening results for implied consent criminal cases received at the Scientific Laboratories for New Mexico law enforcement agencies. This instrument is unique in technology and requires a service and maintenance vendor who is highly knowledgeable, experienced, and qualified to perform repairs and part replacement.

II. Provide a detailed, sufficient explanation of the reasons, qualifications, proprietary rights or unique capabilities of the prospective contractor that makes the prospective contractor the one source capable of providing the required professional service, service, construction or item(s) of tangible personal property. (Please do not state the source is the “best” source or the “least costly” source. Those factors do not justify a “sole source.”)

Thermo Electron is the only vendor that can provide the maintenance without voiding the manufacture warranty.

III. Provide a detailed, sufficient explanation of how the professional service, service, construction or item(s) of tangible personal property is/are unique and how this uniqueness is substantially related to the intended purpose of the contract.

The Q Exactive Focus mass spectrometer and the LC are unique original equipment manufactured parts which are manufactured by or for Thenno Electron orth America. A II

Field Service Engineers are qualified and authorized engineers that are available for troubleshooting and have historically provided resolution within hours which has saved on critical downtime for drug testing.

IV. Explain why other similar professional services, services, construction or item(s) of tangible personal property cannot meet the intended purpose of the contract.

The Q Exactive Focus Mass Spectrometer instrument contains many moving parts and mechanical components which need regular service, monitoring, and part replacements on a consistent basis to avoid sudden, unexpected downtime. The instrument provides drug screening results for implied consent criminal cases received at the Scientific Laboratories for New Mexico law enforcement agencies.

This instrument is unique in technology and requires a service and maintenance vendor who is highly knowledgeable, experienced, and qualified to perform repairs, and part replacements.

V. Provide a narrative description of the agency’s due diligence in determining the basis for the procurement, including procedures used by the agency to conduct a review of available sources such as researching trade publications, industry newsletters and the internet;;

contacting similar service providers; and reviewing the State Purchasing Divisions’ Statewide Price Agreements. Include a list of businesses contacted (do not state that no other businesses were contacted), date of contact, method of contact (telephone, mail, e-mail, other), and documentation demonstrating an explanation of why those businesses could not or would not, under any circumstances, perform the contract; or an explanation of why the agency has determined that no businesses other than the prospective contractor can perform the contract.

Secondary Service provider information is REMI theremigroup.com 6325 Ardrey Kell Road Suite 200 Charlotte, NC 28277 Contacted December 13, 2024 This secondary service provider can provide service however this instrument operates exclusively with a Liquid Chromatography instrument which has been newly purchased and will be on a 2-year service warranty which will be repaired exclusively by Thermo Electron North America. It would not be advantageous to have two separate vendors servicing different parts of an instrument that work interconnected and simultaneously with one another. This would present complications if the LC portion of the instrument was part of the problem but could not be worked on because it was on another vendor’s service contract. It is the best interest of the operations of the Q Exactive Focus Mass spectrometer and the Liquid Chromatography sampler (on a 2-year warranty) to be serviced by the same vendor.

Certified by: Date:____________________

Agency Chief Procurement Officer

Agency Approval by: Date: ____________________

Cabinet Secretary/Agency or Entity Head or Designee

APPROVED: Date:____________________

State Purchasing Agent

If this sole source is being submitted by a governmental agency or governmental entity not under the final authority of the State Purchasing Agent, the State Purchasing Agent’s signature is not required. The signature line may be removed from this form or marked as N/A. Hard Copy Documentation for Courtesy Postings do not need to be submitted to SPD for approval.