Brand Name Req Pepperball munitions SWAT-MRT 2022.pdf

PDF 103 KB Posted

Attached to
RFQ - Less-Lethal Munitions, PepperBall brand, Price Agreement
Solicitation number
S-25700-00004038
Issued by
Marion County, Oregon

About this file

This document is a Brand Name Determination for the Oregon State Police (OSP) to acquire PepperBall less-lethal munitions, tactical gear, and accessories for their SWAT and MRT weapons. The agency has determined that the use of a brand name specification is justified as PepperBall is the only manufacturer that meets their specific quality, performance, and functionality requirements, and their members have been extensively trained with these munitions. The contract will be a six-year price agreement not to exceed $150,000.

The related state and local contract opportunity is for a Request for Quote (RFQ) for a PepperBall brand less-lethal munitions price agreement, which will be available to the jurisdictions of Marion County and Salem City in Oregon. The contract will provide for the purchase of these specialized munitions, which are required by OSP's SWAT and MRT teams.

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Text version

5/13/19rev

DETERMINATION

Brand Name Specification

1. Agency Name: Oregon State Police

2. Date: 08/05/2022 3. Agency Number: 25700

4. Agency Contact Name: Robert Johnson 5. Phone: 503-509-8236

6. Total Estimated Cost: Six year price agreement, NTE $150,000

7. Brand Name to be Acquired: PepperBall less-lethal munitions, including but not limited to, projectiles, tactical gear, and accessories. Whenever available, Agency will purchase items through existing/future statewide price agreement/s.

8. Background: OSP requires these specific less-lethal munitions for the Department’s SWAT & MRT weapons.

9. Findings that satisfy the required standards based on one or more of the following (a-d) pursuant to

OAR 125-247-0691(2).

Agency determines that:

(a) 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:

There are multiple distributors of PepperBall less-lethal munitions to obtain competition.

Department will issue a solicitation in OregonBuys.

(b) Use of a Brand Name Specification would result will result in substantial cost savings to the contracting agency because:

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

PepperBall is the only manufacturer that meets Agency requirements. PepperBall has been used based on extensive testing which determined it possesses the quality, performance, and functionality required in SWAT/MRT’s employment of this product in specific weapon platforms.

More importantly, since PepperBall less-lethal munitions has been used exclusively for SWAT/MRT weapons for at least the last four years, it is the brand that members have trained with. It is a matter of life and death to use the identical munitions which members are familiar with and have hands-on experience with.

(d) Efficient utilization of existing Supplies/Goods requires the acquisition of compatible Goods or Services because:

STATUTE AND RULE: ORS 279B.200-215 and OAR 125-247-0691

AUTHORITY TO APPROVE BRAND NAME SPECIFICATIONS: OAR 125-246-0170(2)(d)(O)

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

APPROVED BY:

Approved by e-mail 8/10/22

Sharon Domaschofsky, Designated Procurement Officer Date Oregon Department of State Police

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