Delta Scientific Corp_SSDetReq (Executed).pdf

SOLE-SOURCE DETERMINATION AND JUSTIFICATION

FOR SUPPLIES AND SERVICES

To: Designated Procurement Officer

Oregon Military Department

From: Camp Rilea Installations Division Oregon Military Department

Agency Analyst/Procurement Specialist: Corey Brech

Date: 02/23/2024

Re: Sole Source Determination pursuant to Oregon Revised Statute (ORS) 279B.075 and Oregon Administrative Rule (OAR) 125-247-0275

Part A

1. Authority to enter into a Sole-Source Contract: OAR 125-246-0170(2)(c)(H)

2. Estimated Total Value of Contract: $10,199.78

Delta Scientific Corporation Quotation for S/N 9118 Installation of (2) MP5000 Hose Kits – Camp Rilea, OR dated December 7, 2023, is referenced.

3. Subject of Contract: Parts and repair services by Delta Scientific Corporation to install upgraded stainless-steel hydraulic fittings and hoses on two (2) portable vehicle security control barriers.

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

Stainless steel hydraulic fittings and hoses on two (2) MP5000 portable vehicle security control barriers at Camp Rilea Armed Forces Training Center.

The Oregon Military Department (OMD) owns, operates, and maintains Camp Rilea, a military training site and designated emergency operations center for the North Oregon Coast. OMD has responsibility for providing physical security to Camp Rilea.

These barriers are a means for security and safety at Camp Rilea. Their primary purpose is to stop an unauthorized vehicle from penetrating the facility or entering unauthorized. The hydraulic fittings and hoses need to be replaced to maintain proper operation.

Delta Scientific Corporation maintains the rights to their products, and the components are not interchangeable with other manufacturers’ equipment. The company has no authorized distributors for parts or equipment.

OMD intends to issue a Purchase Order (PO) to Delta Scientific Corporation for parts and repair service to replace the hydraulic fittings and hoses on the two (2) portable vehicle security barriers at Camp Rilea. This purchase will include a stainless-steel upgrade for the fittings that have rusted due to the saltwater air on the North Oregon Coast.

5. Findings:

A. Market Research Overall Finding.

Market research has concluded that the maintenance and service of the existing barrier hardware and brand name are only unique to Delta Scientific Corporation. To promote competition in the market and obtain a competitive bid, it would require procuring a new vehicle security control system. This would result in a substantial duplication of cost as in a complete tear-down and rebuild of the Camp Rilea vehicle security control system.

The equipment repairs have been planned with the existing vehicle security control system in mind.

The compatibility with the existing system avoids an estimated value over $85 thousand dollars, which is not expected to be recovered through competition.

And

B. Findings of Fact pursuant to OAR 125-247-0275(2) must include, at a minimum, one of the following:

1. Pursuant to OAR 125-247-0275(2)(a): Compatibility. Provide findings supporting your determination that the efficient utilization of existing goods requires the acquisition of compatible goods or services from only one source.

Delta Scientific Corporation’s parts are the only commercially available products that will successfully integrate with the existing vehicle security control system already in place at Camp Rilea.

Delta Scientific Corporation is the only source for repair and holds proprietary rights on all equipment. The company will not guarantee any components which they have not provided, will not guarantee the equipment will function properly, nor will Delta Scientific Corporation be liable for any damages to Delta Scientific Corporation’s equipment outfitted with other manufacturers’ parts or equipment.

2. Pursuant to ORS 279B.075 (2)(b): Exchange of Software or Data. Provide findings supporting your 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.

NA

3. Pursuant to ORS 279B.075 (2)(c): Pilot or Experimental Project. Provide findings supporting your determination that the goods or services are for use in a pilot or an experimental project.

NA

4. Pursuant to ORS 279B.075 (2)(d): Other findings that support the conclusion that Supplies and Services are available from only one source may include but are not limited to considerations of: unique design, availability, geographic location, exclusive authorized representative, cost of conversion, and warranty services.

The goods and services under this Sole Source memo are not available under DAS statewide price agreements, inmate labor, surplus, or any Oregon Forward Program Contractor.

Delta Scientific Corporation is the original manufacturer, Sole Source Provider, and only authorized reseller of the MP5000 portable vehicle security control barriers installed at Camp Rilea. The product is solely distributed and supported by Delta Scientific Corporation and is not available from other third parties.

Approved By: ____________________________________________________________________ Adam Giblin, Designated Procurement Officer Date:

Oregon Military Department

Date2_af_date: 2/23/24