Exh1_SS-642-18_OSP_Spec.doc

Exhibit 1:

SOLE-SOURCE DETERMINATION AND JUSTIFICATION

FOR SUPPLIES AND SERVICES

No. SS-642-18 To:

State Chief Procurement Officer Department of Administrative Services From:

Department of Administrative Services, Procurement Services (DAS PS) on behalf of the Oregon State Police (OSP) Designated Procurement Officer: Cort Dokken, Business Services Manager/DPO Agency Analyst/Procurement Specialist: Miranda Longs Date: December 26, 2018 Re: Sole Source Determination pursuant to Oregon Revised Statute (ORS) 279B.075 and Oregon Administrative Rule (OAR) 125-247-0275

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

2. Estimated Total Value of Contract: $350,000.00

3. Subject of Contract: Maintenance Agreement for XRF Spectrometer

4. Background:

DAS PS on behalf of the Oregon State Police (OSP) plans to purchase a Service Master Agreement (SMA) for the XRF Spectrometer located at the Clackamas forensic laboratory. This instrument was purchased in 2011 from Ametek dba EDAX, Inc. and came with a SMA. In 2014, a Sole-Source Notice was posted on ORPIN by the procurement office of the Oregon State Police for a renewal of the SMA for this device (Notice #257-1384-14) and there were no protests.

This instrument is the only means the division has available for the identification of elements. This instrument has applications in the analysis of clandestine laboratories and in several sub-disciplines of trace evidence. The laboratory staff has limited knowledge and ability to perform routine maintenance and troubleshoot the instrument when problems arise. This SMA will help to ensure the instrument is operating appropriately.

The desired length of this Contract would be a minimum of five years at the proposed cost in the quote, with the option to amend for additional years and money. Under the SMA Edax, Inc. will provide: field service, various parts and assemblies for repairs, service and maintenance of the instrument.

5. Findings:

The Forensic Service Division currently has the following equipment which will be covered:

Clackamas Laboratory:

Orbis PC SDD Micro-EDXRF S/N: 1041

A. Market Research Overall Finding.

Based on a letter received on October 9, 2018 from EDAX Inc. (Attachment 1), the manufacturer of the instrument listed above, they are the sole source provider for field service, various parts and assemblies for repairs, service and maintenance of the instrument.

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.

The Orbis PC SDD Micro-EDXRF instrument has been in use in this laboratory since 2011. To switch to a different technology or instrument now would result in training delays, extra costs for training all employees on the new machine and could require OSP to replace the already existing instrument earlier than anticipated, with new technology or a new instrument.

This instrument is the only means the division has available for the identification of elements. This instrument has applications in the analysis of clandestine laboratories and in several sub-disciplines of trace evidence. The laboratory staff has limited knowledge and ability to perform routine maintenance and troubleshoot the instrument when problems arise. This SMA will help to ensure the instruments are operating appropriately.

Based on a letter received on October 9, 2018 from EDAX Inc., the manufacturer of the instrument, they are the sole source provider for field service, various parts and assemblies for repairs, service and maintenance of the instrument.

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.

N/A

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.

N/A

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.

See attached letter provided by EDAX Inc., the manufacturer of the instrument, stating that they are the sole provider for field service, various parts and assemblies for repairs, service and maintenance of the instrument.

PART B.

STATUTORY AND RULE AUTHORITY: ORS 279B.075 (1) a contracting agency may award a contract for goods or services without competition if the Director of the Oregon Department of Administrative Services, a local contract review board, a state contracting agency, if the state contracting agency has procurement authority under ORS 279A.050, the State Chief Information Officer, with respect to goods or services described in subsection (2)(b) of this section and if the director has delegated the necessary authority to the State Chief Information Officer, or a person designated in writing by the director, board or state contracting agency with procurement authority under ORS 279A.050, determines in writing, in accordance with rules adopted under ORS 279A.065, that the goods or services, or class of goods or services, are available from only one source.

(2) The determination of a sole source must be based on written findings that may include:

(a) That the efficient utilization of existing goods requires acquiring compatible goods or services;

(b) That the goods or services required to exchange software or data with other public or private agencies are available from only one source;

(c) That the goods or services are for use in a pilot or an experimental project; or

(d) Other findings that support the conclusion that the goods or services are available from only one source.

(3) To the extent reasonably practical, the contracting agency shall negotiate with the sole source to obtain contract terms that are advantageous to the contracting agency.

OAR 125-246-0170 delegates the authority of the Director of the Department of Administrative Services to the State Chief Procurement Officer. OAR 125-247-0275 implements ORS 279B.075.

OAR 125-247-0710(2) Protests and Judicial Review of Sole-Source Procurements designates the State Chief Procurement Officer as the Contract Review Authority.

FINDINGS:

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

CONDITIONS OF APPROVAL:

1. Notice Period before Award. The Authorized Agency shall post the notice. The Sole Source Procurement may not be used until after the completion of the seven (7) day notice period required pursuant to OAR 125-247-0275, and either:

a. No Written protests are received by the Contract Review Authority, State Chief Procurement Officer, from an Affected Person in response to the notice, or

b. If any protest is received during the notice period, then not until:

i. the State Chief Procurement Officer or delegate issues a written disposition of the protest in accordance with OAR 125-247-0710 and OAR 137-047-0710, and

ii. confirms in writing the first possible award date.

2. ORS 279A.140 Requirements. Agency shall comply with the requirements of ORS 279A.140 and OAR 125-246-0353 regarding reporting of personal services contracts.

APPROVED:

Gail L. Carter, Procurement Policy Officer for

Date

Debbie Dennis, State Chief Procurement Officer, Department of Administrative Services Attachment 1

SS-642-18