CPO Signed Part II ISP B-37453.pdf

Sole Source Justification Form

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Bulletin Reference Number R-140428/B-37453

Requesting Agency/University Illinois State Police

Sole Source Justification Form - Part I Section I - General Information

Department/Bureau/Section: Division of Forensics

Need Identified Date: Jan 10, 2023 Supply/Service Need By Date: Jun 2, 2023

Project Title: Agilent Contract Establishment for Equipment, Commodities and Service

Vendor: Agilent Technologies Inc.

Provide a description of the supplies or services required: The objective is to purchase a contract to include equipment, commodities and service contract opportunities.

Value: Not to Exceed Value of Initial Term, this Change Order or Amendment: 9,000,000

Will this Sole Source amend a Professional or Artistic Services contract? Yes No

*Sole Source may not be used for amendments for Professional or Artistic Services if the amendment would increase the value by more than 5% of the initial award or extend the term by more than 60 days.

Type: New Sole Economically Feasible Source

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Bulletin Reference Number R-140428/B-37453

Requesting Agency/University Illinois State Police

Section II - Proposed Term

One-Time Purchase Term Contract

Estimated Contract Begin Date: 6/1/2023

Estimated Contract End Date: 5/31/2026

Number of Potential Renewals:

Length of Each Renewal in Months:

Total Value of All Renewals:

If a Term Contract, does the term, including renewals, exceed 12 months? Yes No

If yes, provide a detailed justification including any economic benefit received for agreeing to a multi-year term:

The Drug Chemistry, Trace Chemistry and Toxicology sections utilize approximately 75 chromatographic instruments across all of the operational laboratories. In February of 2020 a UPP contract with Agilent was established and the Forensic Sciences Command. Over the course of the contract, the ISP experienced a savings of 34.2% overall. A total of 78 instruments were purchased. The retail value of these instruments was nearly $12.4 million dollars. The cost savings experienced were around $4.3 million for an actual cost to the ISP of $8.1 million dollars over the time period of the contracts and renewals from February 2020 until October 2022. The impact, quality, and consistency of having uniform instrumentation in all sections has maximized the efficiency and effectiveness of these forensic disciplines. The sole source of this equipment, commodities and service is most economically feasible for the State of Illinois. Agilent has agreed to honor the pricing on the GSA contract even if ISP contracts directly with them for the three year term of this contract. If the agency had to use another method of purchase we would not be guaranteed the same discounted pricing from Agilent's GSA contract. Therefore, the cost savings to ISP for the sole source multi year will be a significant savings by having this chance to lock in three (3) years of pricing due to the fact ISP will have the need for future purchases of equipment, along with repairs to the equipment through this vendor to ensure there is no void of the warranties. ISP will need repairs, service and maintenance on the current equipment and securing a multi-year contract safe guards the agency with locked in pricing throughout the term of the contract in order to keep the equipment functioning properly. This sole source is also required most specifically related to the procurement of commodities to include small replacement parts due to their proprietary nature. As example, the LCMSMS system includes an HPLC that requires disposable column guards and specific replacement columns which have already been validated. LCMSMS systems require the proprietary tuning solution to be purchased from the vendor; the tuning solution which was used during initial instrument installation. Other examples of these commodities and consumable parts include maintenance kits, nebulizer needle replacement kits, ion injectors, switching valves and injection needles and needle seats. The GCMS systems have commodity parts that are proprietary like ferrules, repellers, insulators, filaments that are required during routine maintenance. Having the general commodities available via contract will greatly reduce instrument down town and reduce the time routine maintenance takes.

Finally, this sole source is also required most specifically related to the service of the current LCMSMS instruments. These are the only instruments that can be used to quantitative THC in blood or drugs. The purchased instruments were approximately $400,000 each and require quick maintenance and repair to not interrupt providing forensic services to law enforcement agencies. Without a continuous service contract in case, ISP runs the risk of not having our LCQQQ instruments available for casework. This includes THC in the blood, which ISP is statutorily obligated to conduct.

Section III - Funding Source Select the type of funding to be used (Check all that apply): State Appropriate Funds Federal Funds Other (Explain):

Section IV - Sole Source Justification

This purchase is economically only available from a single source primarily because it is: (If "Other" explain in one sentence)

Compatibility of Equipment, Accessories, Replacement Parts or Service

Are there secondary justification(s) for this sole source? Yes No

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Bulletin Reference Number R-140428/B-37453

Requesting Agency/University Illinois State Police

Section V - Purchase History

Has the Agency or University Purchased these supplies or services in the past? Yes No

Term Term From Term To Value Description Contract Number Type

1 Oct 14, 2021 10/13/2022 2,500,000 UPP Agilent Spectrometers P-31142 Sole Source

2 05/19/2021 05/31/2021 500,000 UPP Agilent Spectrometers P-25814 Sole Source

3 06/11/2020 02/13/2021 6,000,000 UPP Agilent Contract P-15745 Amendment

4 02/14/2021 02/13/2022 2,288,000 UPP Agilent Contract P-15745 IFB

If more than 10, or if other comments, explain:

Section VI - Business Rationale

1. Provide a detailed explanation of the need for the supplies or services:

This service contract is needed to seamlessly purchase new equipment, required commodities and prompt service on current Agilent equipment. The FSC has purchased approximately 75 chromatographic instruments over the last 3 years that require consistent parts, commodities and service to the highly sensitive and technical nature of the instrument and necessary repairs beyond basic maintenance. Staff are not sufficiently educated in the more significant repairs and troubleshooting of this equipment. Service contracts provide faster response time from the vendor thus reducing down-time of the instrument. This reduction in down time allows the FSC to ensure timely service for Toxicology and Drug Chemistry analysis. The LCQQQ instruments are utilized by the Toxicology section for the quantitative analysis of THC in blood, as well as for the identification of other classes of drug in blood and urine samples. The Drug Chemistry section utilizes the LCQQQ for the quantiative analysis of THC in hemp and infused products, as well as for the identification of drugs that are prone to thermal breakdowns or present in ultra low quantities, such as fentanyl derivatives.

Without the service contract, vendor response will be more than doubled and costs of repairs will be much higher, and turn around times in sensitive cases (including fatal DUIs and Criminal Sexual Assaults) will increase.

Examples of equipment to be purchased include Head-space Gas Chromatographs (HS-GC), Gas Chromatograph/Mass Spectrometers (GC/MS), Gas Chromatographs (GC-FIDs), Liquid Chromatographs with Triple Quadrupole Mass Spectrometers (LCMSMS or LCQQQ).

Commodities to be purchased include small replacement parts due to their proprietary nature. As example, the LCMSMS system includes an HPLC that requires disposable column guards and specific replacement columns which have already been validated.

LCMSMS systems require the proprietary tuning solution to be purchased from the vendor; the tuning solution which was used during initial instrument installation. Other examples of these commodities and consumable parts include maintenance kits, nebulizer needle replacement kits, ion injectors, switching valves and injection needles and needle seats. The GCMS systems have commodity parts that are proprietary like ferrules, repellers, insulators, filaments that are required during routine maintenance. Having the general commodities available via contract will greatly reduce instrument down town and reduce the time routine maintenance takes. Finally, toward the service contract needs, the LCMSMS systems require proprietary service due to the nature of their parts and commodities.

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Bulletin Reference Number R-140428/B-37453

Requesting Agency/University Illinois State Police

2. Provide a list and describe in detail the specifications required to satisfy the need:

The vendor must satisfy the following requirements to meet the needs of the FSC:

• Provide factory-recommended replacement parts and commodities.

• Provide software updates to the Proprietary software and firmwares.

• Utilize Factory Authorized service representatives fully trained and familiar with the identified equipment.

• Provide Factory Authorized repairs of recalls on the equipment.

• Escalation of service for expedited repairs, especially as they relate to resolution of more difficult problems to include parts and service.

3. Provide detail explaining the justification selected in Section IV to explain why the requested supplies or services are the only ones available that can satisfy the agency or university requirements?

Agilent Technologies (Agilent) is the only vendor that can provide factory authorized parts and service. Agilent is the current vendor of the FSC's approximately 75 other chromatographic instruments so purchasing commodities and equipment on a contract will ensure timely release of consistent items at reduced prices due to the contract. There are no other vendors trained or authorized to provide service. Parts that are not supplied by Agilent are not guaranteed to function in the instrument, and would render our validated methods unusable. In addition, Agilent is the sole provider of support of the firmware (installed on instrument) and the Proprietary software (installed on the PC). These are critical to the proper function of the equipment.

4. What are the unique features of the supplies or services that are not available in any other product or by any other vendor? Provide specific quantifiable factors/qualifications:

Agilent Technologies (Agilent) is has been ranked the #1 hardware support in the industry and for compliance services. They have established a consistency for global support products and delivery of service. They hvae local field representatives in all major metropolitan areas (including the Chicago and St. Louis areas). They have appropriately trained service engineers knowledgeable on all service notes and most current information on the equipment. They have established quality measures for timely response, first visit repair, and customer satisfaction. They also provide remote Phone Support from Factory Trained Engineers and provide local parts within 24-hours. Additionally, they have a call center for support as well as software telephone support and software update support.

They are equipped to assist with adjustments to Factory authorized preventive maintenance procedures to facilitate improved operation of the instruments.

5. Has the Agency or University considered alternative supplies or services to satisfy their need? Yes No

5a. If no, why weren't alternatives evaluated?

Agilent Technologies (Agilent) is the only vendor that can provide Factory Authorized training and have readily available parts. They are the only vendor to provide support of the firmware (installed on instrument) and the Proprietary software (installed on the PC).

There are no other alternatives that would allow us to provide proper support and functional equipment within the scope of our procedures. Per the Agilent sole source letter, this is the only available option.

6. Are there resellers or distributors?

Yes No N/A

7. What efforts were made to get the best possible price (i.e. did the agency/university negotiate) and how did you determine the price for this purchase is considered fair and reasonable?

ISP previously purchased this equipment and service from a contract that was competitively bid on a national basis for all Federal laboratories using these instruments. The awarded vendor entered into a Blanket Purchase Agreement (BPA) which reduces costs because pricing is not based on an individual agency's orders, but on a consolidated basis for all Federal agencies purchasing from this contract. In entering into a BPA, the vendor agreed to provide the maximum discount (lowest net price) available in the contract based on volume or quantity discount arrangements. As stated in the solicitation, GSA's pricing goal is to obtain pricing equal to or better than the offerer's Most Favored Customer (MFC) pricing under the same or similar terms and conditions. GSA seeks to obtain the offerer's best price based on its evaluation of discounts, terms, conditions, and concessions offered to commercial customers. ISP utilized the GSA contract with Agilent Technologies Inc. in May 2021 and received GSA pricing. That GSA contract expired May 31, 2021, and ISP was able to make one bulk purchase prior to the expiration of that GSA contract. Agilent renewed their contract with GSA starting June 1, 2021. Prior to that contract, ISP had utilized the Agilent GSA contract from February 2020 through February 2021. ISP's current utilization of the GSA contract expired in October 2022. Agilent has agreed to honor the pricing on the GSA contract even if ISP contracts directly with them. Because of this, this is the best possible pricing available.

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Bulletin Reference Number R-140428/B-37453

Requesting Agency/University Illinois State Police

8. Will this purchase obligate the State to this vendor for future purchases such as maintenance, licensing or continuing need?

Yes No

8a. If yes, please provide details regarding future obligations and/or needs:

Agilent Technologies (Agilent) is the only vendor that can provide Factory Authorized training and have readily available parts. They are the only vendor to provide support of the firmware (installed on instrument) and the Proprietary software (installed on the PC).

9. What will be the financial or other impact to the State if this sole source is not approved and a competitive bid is required?

If this procurement were to be competitively bid, detailed specifications would have to be developed which can several months and potentially leave critical equipment inoperable until repaired. Forensic scientists would be required to assist, removing them from case work and causing a backlog. Subject Matter Experts would need to review bids submitted. Well over 100 hours of work by State employees would need to be dedicated to ensuring the correct instrument is purchased. Using pricing consistent with the expired BPA allows the ISP to benefit from the work of the Federal employees and the previous GSA contract. This Federal contract on which the expired contract was based only helps secure the lowest cost possible.

10. Is there any additional information you would like to add to justify this sole source?

This toxicology equipment is necessary to continue toxicology analysis, most notably the analysis of THC in blood samples. Attempts to validate the appropriate methods for the separation of THC variations on non-Agilent instrumentation failed. Agilent instrumentation is the only instrumentation that has effectively proven to allow for full validation and separation of Delta 8 and Delta 9 THCs required for reporting to Illinois Statutes. If toxicology analysis cannot continue at current levels, toxicology backlogs will increase, major cases may not be prosecuted in a timely manner and criminal court cases may be dismissed, resulting in obvious public safety concerns. Please see the attached vendor Sole Source Letter.

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Bulletin Reference Number R-140428/B-37453

Requesting Agency/University Illinois State Police

Section VII

Requesting Department Representative

Requesting Department Signature Required

I know and understand the contents of this Sole Source Justification and attest that all statements are true and correct and the fairness and reasonableness of the price was adequately confirmed.

Date Jun 14, 2023

Printed Name Timothy Tripp E-mail Address Timothy.Tripp@illinois.gov

Phone Number 217-670-9605

State Agency Bureau/Division Head or University Purchasing Director Approval and Signature Required

I know and understand the contents of this Sole Source Justification and attest that all statements are true and correct and the fairness and reasonableness of the price was adequately confirmed. (All prior form fields will lock once this e-signature is completed)

E-mail Address Robin.Woolery@illinois.gov

Phone Number 217/785-7542 Date Jun 14, 2023

Printed Name Robin J. Woolery

Agency Bureau/Division Head or University Purchasing Director and Not a Designee

SPO Approval and Signature Required

I have reviewed and understand the contents of this Sole Source Justification and agree with the State Agency or University determination.

I have reviewed and understand the contents of this Sole Source Justification and do not agree with the State Agency or University determination. As a result, the State Agency or University must explore other sourcing methods to satisfy their need.

State Purchasing Officer Signature Phone Number 217-441-1798 Date Jun 14, 2023

Printed Name Robert Brice E-mail Address robert.brice@illinois.gov

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Bulletin Reference Number R-140428/B-37453

Requesting Agency/University Illinois State Police

Sole Source Justification Form - Part II Section I - General Information

Project Title Service contract for Agilent LCMSMS Instrumentation

Vendor Agilent Technologies Inc.

Initial Date of Procurement Bulletin Posting Jun 14, 2023

Was a Sole Source hearing held per 30 ILCS 500/20-25?

Yes - Complete Section II and III below (Section II will only be visible when this option is selected)

No - Section II not required, go to Section III below Section III - CPO Approval and Signature Required

Based on my review, I authorize the Agency/University to proceed in accordance with the published Notice referenced above.

Based upon my review, I authorize the Agency/University to proceed with the following Changes.

Based on my review, the Agency/University is not authorized to proceed with this sole source as presented and my recommendation is that it be cancelled.

Other

CPO Signature CPO Phone 217-558-2231

Printed Name Ellen H. Daley Date

CPO E-mail Ellen. H.Daley@illinois.gov

Version 7.01 Page of Sole Source Justification Form - Part I Section I - General Information Will this Sole Source amend a Professional or Artistic Services contract?

If yes, what was the original contract value?

*Sole Source may not be used for amendments for Professional or Artistic Services if the amendment would increase the value by more than 5% of the initial award or extend the term by more than 60 days.

Section II - Proposed Term If a Term Contract, does the term, including renewals, exceed 12 months?

If yes, provide a detailed justification including any economic benefit received for agreeing to a multi-year term:

Section III - Funding Source Select the type of funding to be used (Check all that apply):

Section IV - Sole Source Justification Are there secondary justification(s) for this sole source?

Section V - Purchase History Has the Agency or University Purchased these supplies or services in the past?

Term Term From Term To Value Description Contract Number Type Section VI - Business Rationale

1. Provide a detailed explanation of the need for the supplies or services:

2. Provide a list and describe in detail the specifications required to satisfy the need:

3. Provide detail explaining the justification selected in Section IV to explain why the requested supplies or services are the only ones available that can satisfy the agency or university requirements?

4. What are the unique features of the supplies or services that are not available in any other product or by any other vendor? Provide specific quantifiable factors/qualifications:

5. Has the Agency or University considered alternative supplies or services to satisfy their need?

5a. If yes, name the alternative vendors whose supplies or services were evaluated:

5b. If yes, what were the alternatives for each vendor and why were they unacceptable? Be specific with regard to features, characteristics, requirements, capabilities and compatibility:

5c. Explain how the market evaluation was conducted?

*This evaluation is to determine available options within a market. If the evaluation is to determine quality or best suited option, this is not the appropriate source selection. Under no circumstances shall the evaluation consist of testing alternative options. These activities must be conducted in a competitive transparent environment (i.e. IFB or RFP).

5a. If no, why weren't alternatives evaluated?

6. Are there resellers or distributors?

7. What efforts were made to get the best possible price (i.e. did the agency/university negotiate) and how did you determine the price for this purchase is considered fair and reasonable?

8. Will this purchase obligate the State to this vendor for future purchases such as maintenance, licensing or continuing need?

8a. If yes, please provide details regarding future obligations and/or needs:

9. What will be the financial or other impact to the State if this sole source is not approved and a competitive bid is required?

10. Is there any additional information you would like to add to justify this sole source?

Section VII Requesting Department Signature Required I know and understand the contents of this Sole Source Justification and attest that all statements are true and correct and the fairness and reasonableness of the price was adequately confirmed.

State Agency Bureau/Division Head or University Purchasing Director Approval and Signature Required I know and understand the contents of this Sole Source Justification and attest that all statements are true and correct and the fairness and reasonableness of the price was adequately confirmed. (All prior form fields will lock once this e-signature is completed) SPO Approval and Signature Required Sole Source Justification Form - Part II Section I - General Information Was a Sole Source hearing held per 30 ILCS 500/20-25?

Section II - Sole Source Hearing Details The State posted to the Illinois Procurement Bulletin a description of the State's need, the justification for the sole source decision, and information regarding the opportunity to submit comments and testify at a public hearing. Notice of the hearing was also posted outside of the hearing room 48 hours prior to the hearing.

The public hearing was conducted for the purpose of receiving testimony regarding the sole source determination. The Hearing Officer recommends the following:

The following relevant documents are attached:

Section III - CPO Approval and Signature Required 9.0.0.2.20101008.1.734229 Ellen. H.Daley@illinois.gov

Finally, this sole source is also required most specifically related to the service of the current LCMSMS instruments. These are the only instruments that can be used to quantitative THC in blood or drugs. The purchased instruments were approximately $400,000 each and require quick maintenance and repair to not interrupt providing forensic services to law enforcement agencies. Without a continuous service contract in case, ISP runs the risk of not having our LCQQQ instruments available for casework. This includes THC in the blood, which ISP is statutorily obligated to conduct.

Examples of equipment to be purchased include Head-space Gas Chromatographs (HS-GC), Gas Chromatograph/Mass Spectrometers (GC/MS), Gas Chromatographs (GC-FIDs), Liquid Chromatographs with Triple Quadrupole Mass Spectrometers (LCMSMS or LCQQQ). Commodities to be purchased include small replacement parts due to their proprietary nature. As example, the LCMSMS system includes an HPLC that requires disposable column guards and specific replacement columns which have already been validated. LCMSMS systems require the proprietary tuning solution to be purchased from the vendor; the tuning solution which was used during initial instrument installation. Other examples of these commodities and consumable parts include maintenance kits, nebulizer needle replacement kits, ion injectors, switching valves and injection needles and needle seats. The GCMS systems have commodity parts that are proprietary like ferrules, repellers, insulators, filaments that are required during routine maintenance. Having the general commodities available via contract will greatly reduce instrument down town and reduce the time routine maintenance takes. Finally, toward the service contract needs, the LCMSMS systems require proprietary service due to the nature of their parts and commodities.

Q2Answer: The vendor must satisfy the following requirements to meet the needs of the FSC:

• Provide factory-recommended replacement parts and commodities.

• Provide software updates to the Proprietary software and firmwares.

• Utilize Factory Authorized service representatives fully trained and familiar with the identified equipment.

• Provide Factory Authorized repairs of recalls on the equipment.

• Escalation of service for expedited repairs, especially as they relate to resolution of more difficult problems to include parts and service.