BREATH-ALCOHOL TESTING INSTRUMENTS Notice- RFI.doc

S-25700-00004083 – RFI-BREATH-ALCOHOL TESTING INSTRUMENTS

State of Oregon

Cover Page

OREGON STATE POLICE

breath-alcohol testing instruments

REQUEST FOR INFORMATION (RFI)

oregonbuys Notice # S-25700-00004083 Date of Issue: 08/15/2022 Closing Date: 08/19/2022 at 12:00 PM Single Point of Contact (SPC):

Enrique Rodriguez, Procurement & Contracts Address:

3565 Trelstad Avenue SE

City, State, Zip:

Salem, OR 97317-9614

Phone (voice):

503-378-2889

Email:

EGRodrig@osp.oregon.gov Table of Contents

3SECTION 1:

GENERAL INFORMATION

31.1

INTRODUCTION

31.2

SCHEDULE

31.3

SINGLE POINT OF CONTACT (SPC)

3SECTION 2:

AUTHORITY, OVERVIEW, AND OBJECTIVES

32.1

AUTHORITY AND METHOD

32.2

OVERVIEW

42.3

OBJECTIVES

42.4 QUESTIONS AND Submitter Information Sheet

52.5

RESPONSE

6SECTION 3:

ADDITIONAL INFORMATION

63.1 Public Record/Confidential or Proprietary Information

63.2

GOVERNING LAWS AND REGULATIONS

73.3

OWNERSHIP/PERMISSION TO USE MATERIALS

73.4

COST OF SUBMITTING A RESPONSE

7SECTION 4:

LIST OF ATTACHMENTS

7ATTACHMENT A

QUESTIONS

7ATTACHMENT B

Submitter Information Sheet

7ATTACHMENT C

RESPONSE CHECKLIST

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Oregon State Police (“Agency”) is issuing this Request for Information (RFI) for breath-alcohol testing instrumentation.

This RFI may or may not result in a Request for Proposal (RFP). Responses provided to this RFI will be used only for general information purposes and will not be considered binding on any party. Responses provided to this RFI will also not have any impact on any RFP selection process.

1.2 SCHEDULE

The table below represents a tentative schedule of events. All times are listed in Pacific Time. All dates listed are subject to change.

1.3 SINGLE POINT OF CONTACT (SPC)

The SPC for this RFI is Enrique Rodriguez, who is identified on the Cover Page, along with the SPC’s contact information. All submitters shall direct all communications related to any provision of the RFI only to the SPC.

SECTION 2: AUTHORITY, OVERVIEW, AND OBJECTIVES

2.1 AUTHORITY AND METHOD

The Agency is issuing this RFI pursuant to its exclusion from the Procurement Code, under definitions OAR 125-246-0110(162) "Solicitation Document". An RFI is exempted from authority requirements because it does not invite offers from prospective Contractors.

2.2 OVERVIEW

The Agency is a multi-disciplined statewide law enforcement organization that is charged with protecting the people, wildlife, and natural resources in Oregon. To accomplish this charge, we:

· Enforce the traffic laws on the state’s roadways

· Investigate and solve crimes

· Conduct scientific post-mortem examinations and forensic analysis

· Provide background checks and law enforcement data

· Regulate gaming

· Regulate the handling of hazardous materials and fire codes

· Educate the public on fire safety through the Office of the State Fire Marshall

· Enforce fish, wildlife, and natural resource laws

To meet our mission, we employ over 1,400 sworn and professional staff. These employees fulfill the many roles of the Agency.

Oregon State Police Forensic Services Division (Division), operating forensic laboratories in Bend, Central Point, Pendleton, Portland, and Springfield, is the only broad-spectrum forensic laboratory system in Oregon. Our laboratories serve a population of approximately 4 million people spread over an area of approximately 97,000 square miles.

The Division provides scientific examination of evidence for a wide variety of criminal justice system partners including the FBI, the United States Attorney for Oregon, 36 District Attorneys’ offices, 36 Sheriff’s departments, 144 police departments, 36 Oregon State Police offices, 6 FBI Offices and hundreds of criminal defense attorneys. The Division provides investigative assistance with crime scene investigation and analysis in biology, chemistry, trace, toxicology, DNA, latent prints, firearms, and tool-marks. During the 2015-17 biennium, the Division received 53,733 requests for forensic analysis.

Within the Division is the Implied Consent Unit (Unit). The Unit provides breath-alcohol testing instruments and training to assist law enforcement with impaired driving investigations. There are 3 mobile Intoxilyzers in the BAT mobile, and 126 fixed site Intoxilyzers located at law enforcement offices throughout the state. Of the fixed sites, 120 locations have one instrument and three sites (Washington, Lane, and Klamath Co jails) have two instruments. The Unit also maintains six Intoxilyzer 8000’s for the State Marine Board.

Intoxilizer instruments are computerized and linked for remote electronic access by Scientists and Technicians. The Unit provides expert testimony and is responsible for the approval, certification, and servicing of the instruments. The Unit is also responsible for training and certifying all of Oregon’s law enforcement officers on the proper operation of the instruments. This area of Forensics is heavily litigated in impaired driving trials, so there is considerable demand for testimony by scientists assigned to the Unit.

The Unit’s Intoxilizer systems average approximately 15 years of age. The technology associated with these instruments is becoming a challenge. The Unit is seeking to understand the current product market and the technology advancements that have occurred.

In this RFI, the Agency is seeking information from respondents with expertise in Intoxilyzers. The Agency is performing research with the possibility that it will replace the existing instruments being used.

2.3 OBJECTIVES

To provide the Agency an opportunity to gain greater understanding of available Intoxilyzer instruments. This is an effort to modernize and improve breath-alcohol testing instrumentation and related training. The hope is to increase efficiency and accuracy over the current instruments.

2.4 QUESTIONS AND Submitter Information Sheet

2.4.1 See Attachment A QUESTIONS

2.4.2 See Attachment B Submitter Information Sheet

2.5 RESPONSE

2.5.1 Responses to Attachment A

Responses received will be reviewed using a checklist (Attachment C). If a Response is unclear, the Contracting Officer may request clarification from Submitter.

2.5.2 Formatting Instructions

2.5.2.1 Please respond to questions in Attachment A. Submit any additional information in reference to a response on 8.5” x 11” paper with pages numbered and reference the question from Exhibit A.

2.5.2.2 Cover Letter. Submitter may include a cover letter but should not exceed one (1) page.

2.5.2.3 If mailing, staple responses in the left upper corner. Do not use spiral bindings, glue, notebooks, or use other methods of binding.

2.5.3 Response Instructions

Submitters using mail must submit one (1) original and three (3) complete copies of the Response via mail to SPC, no later than the closing date and time listed.

All Responses not received by the deadline shall be considered late and shall not be considered.

Responses shall be submitted in a sealed envelope appropriately marked with:

a) RFI title,

b) RFI number, and

c) Name and address of the Submitter.

Alternately, responses may be emailed to the SPC as .PDF attachments. The RFI title and RFI number must appear in the subject line and the name and address of the submitter must be clearly identifiable in the body of the email.

2.5.4 Interactive Presentation/Demo Sessions

The Agency may, at its sole discretion, request meetings with interested respondents who have clearly addressed the solution requirements set out in their response. The intent is to provide them with the opportunity for a follow-up to their written response and to present /discuss their capabilities in relation to this RFI. Respondents may be contacted within six weeks of the RFI closing date to schedule the presentation/demo. An Invite Agenda will be provided to the interested respondents. Specific questions or areas of interest to be covered during the session may also be provided and will be based on responses received. The presentation/demo session will be completely online. Date and time will be detailed in the Invite Agenda. However, at no time will the session exceed two hours in length. Respondents will also be asked to provide an electronic version of their presentation/demo material after the presentation/demo session. The respondent sessions must cover specific details relevant to the key objectives stated within this RFI. As such, representatives attending the session must include Subject Matter Expert(s) in these areas in order to meaningfully respond to questions at the session.

2.5.5 Information Received

If the information received suggests many vendors that have demonstrated their ability to fulfill the needs for a Fleet Management System, then the Agency may establish a Request for Proposal (RFP).

If an RFP is established, Agency will notify Submitters that submitted a response to this RFI via the Submitter email address provided in Attachment B of the RFI published in the OregonBuys.

SECTION 3: ADDITIONAL INFORMATION

3.1 Public Record/Confidential or Proprietary Information

Submitters should be aware that any records they submit to the Agency shall become the property of the State and a public record, subject to public disclosure as provided under Oregon’s Public Records Law.

It is not necessary to submit trade secrets or other confidential information to respond to this RFI. However, if submitting, Submitters shall label any information that it wishes to protect from disclosure to third parties as a trade secret under ORS 192.501(2) with the following: "This material constitutes a trade secret under ORS 192.501(2) and is not to be disclosed except as required by law." Each page containing the trade secret or other confidential information must be so marked.

The Agency shall take reasonable measures to hold in confidence all such labeled information but shall not be liable for release of any information when required by law or court order to do so, whether pursuant to the Oregon Public Records Law or otherwise and shall also be immune from liability for disclosure or release of information under the circumstances set out in ORS 646.473(3).

In submitting a response, each Submitter agrees that the Agency may; (a) reveal any trade secret or other confidential materials contained in the Response to Agency staff. Furthermore, each Submitter agrees to indemnify and hold harmless the Agency and each of its officers, employees, and agents from all costs, damages, and expenses incurred in connection with refusing to disclose any material that the Submitter has designated as a trade secret and/or as confidential information. Any Submitter that designates its entire response as a trade secret may be disqualified.

3.2 GOVERNING LAWS AND REGULATIONS

This RFI is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this RFI is the Circuit Court of Marion County for the State of Oregon; provided, however, if a proceeding must be brought in a federal forum, then it must be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this Section be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, to or from any Claim or from the jurisdiction of any court.

3.3 OWNERSHIP/PERMISSION TO USE MATERIALS

All Responses submitted in response to this RFI become the Property of Agency. By submitting a Response to this RFI, Submitter grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of, and transmit the Response solely for reviewing the Response, or as otherwise needed to administer the RFI process, and to fulfill obligations under Oregon Public Records Law (ORS 192.410 through 192.505). Responses, including supporting materials, will not be returned to Submitter.

3.4 COST OF SUBMITTING A RESPONSE

Submitter shall pay all the costs in submitting its Response, including, but not limited to, the costs to prepare and submit the Response, costs of samples and other supporting materials, costs to participate in demonstrations, or costs associated with protests.

SECTION 4: LIST OF ATTACHMENTS

ATTACHMENT A

QUESTIONS

ATTACHMENT B

Submitter Information Sheet

ATTACHMENT C

RESPONSE CHECKLIST

Version 2.1 - April 18, 2016