part I and part II ISP B-35552ehd2.pdf

Sole Source Justification Form

Version 7.01 Page 1 of 5

Bulletin Reference Number 23-493ISP-FOREN-R-160180/B-35552

Requesting Agency/University Illinois State Police

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

Department/Bureau/Section: Illinois State Police Forensic Sciences Command

Need Identified Date: Jan 1, 2023 Supply/Service Need By Date: Apr 7, 2023

Project Title: Service Contracts and Software Upgrades for Solid Phase Gas Chromatograph-Infrared Spectrophotometers and Data Stations

Vendor: Spectra Analysis Inc.

Provide a description of the supplies or services required: Service Contracts and Software Upgrades

Value: Actual Value of Initial Term, this Change Order or Amendment: 140,800

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 Source

Section II - Proposed Term

One-Time Purchase Term Contract

Estimated Contract Begin Date: Apr 7, 2023

Estimated Contract End Date: Apr 6, 2024

Number of Potential Renewals: 0

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

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 23-493ISP-FOREN-R-160180/B-35552

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 Dec 23, 2021 Mar 31, 2023 60,000 GCIR Service Contract 22-493 ISP-FOREN-P- Small Purchase

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:

One year service contracts for each of the four Gas Chromatograph-Infrared Spectrometers located in Forensic Sciences Command laboratories.

Software upgrades for each of the four Spectra Analysis GC-IRs and for each of the four Spectra Analysis GCIR data stations.

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

-Telephone and email support to diagnose and troubleshoot issues with the Gas Chromatograph-Infrared Spectrometers (GC-IR).

-Service visits to diagnose and repair issues that cannot be addressed with telephone support.

-Replacement parts for non-functioning parts including:

---Host computer and Peripherals ---DiscovIR Software updates ---Electronic and mechanical components -Annual Preventative Maintenance Visit (includes clean restrictor mechanism, replace capillary tubing, realignment of deposition tip, vacuum leak test, change rough pump oil and oil mist filter cartridge if needed, check diffusion pump oil, check optical alignment, update software, clean fans and oven components, check oven temperature, perform inlet maintenance, perform leak test, recalibrate pressure sensor, check carrier gas flow, and perform an operational test.)

-Software licenses for and installation of DiscovIR 10 on 4 GCIR instruments and 4 GCIR data stations.

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?

Spectra Analysis is the only company that manufactures a solid phase GC-IR, and thus is the only company that can supply replacement parts or provides service. There are no authorized service providers in the United States other than Spectra Analysis. Spectra-Analysis is the only provider of DiscovIR 10 software.

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Bulletin Reference Number 23-493ISP-FOREN-R-160180/B-35552

Requesting Agency/University Illinois State Police

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:

Due to the proprietary nature of the technology, other companies that provide service contracts do not cover this equipment. Other vendors lack the knowledge, experience, and access to replacement parts. DiscovIR 10 software is copyrighted and only available from Spectra-Analysis.

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?

Due to the proprietary nature of the technology no other alternatives are available.

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?

FS Melissa McCann and Interim Lab Director Amanda Shanbaum conducted this research online and by speaking to the company. The price and services offered by Spectra Analysis were compared to service contracts offered by companies for different but similarly complex scientific instruments.

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

Yes No

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 is not approved, the equipment will not be available for use in drug chemistry cases, and will cause the backlog to grow as we are forced to move cases around and possibly delay their analysis when complex synthetic drugs are suspected. In addition, we will be forced to pay for technical support and service vists as needed, which are billed at a rate of $250/hr and $5000/day respectively, not including parts.

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

This instrumentation is far more complex than the other equipment in the drug chemistry section of the Forensic Sciences Command.

There will continue to be unacceptable amounts of downtime of four instruments that were procured at a price of approximately $188,000 each without these service contracts.

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Bulletin Reference Number 23-493ISP-FOREN-R-160180/B-35552

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 Mar 15, 2023

Printed Name Amanda Olinger E-mail Address Amanda.Olinger@illinois.gov

Phone Number 217-836-7924

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 matthew.j.davis@illinois.gov

Phone Number 217-433-6824 Date Mar 16, 2023

Printed Name Matthew J Davis

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 Date

Printed Name Chaney Lovellette E-mail Address Chaney.a.lovellette@illinois.gov

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Bulletin Reference Number 23-493ISP-FOREN-R-160180/B-35552

Requesting Agency/University Illinois State Police

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

Project Title Service Contracts and Software Upgrades for Solid Phase Gas Chromatograph-Infrared Spectrophotometers and Data Stations

Vendor Spectra Analysis Inc.

Initial Date of Procurement Bulletin Posting Mar 21, 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

laboratories.

Software upgrades for each of the four Spectra Analysis GC-IRs and for each of the four Spectra Analysis GCIR data stations.

Q2Answer: -Telephone and email support to diagnose and troubleshoot issues with the Gas Chromatograph-Infrared Spectrometers (GC-IR).

-Service visits to diagnose and repair issues that cannot be addressed with telephone support.

-Replacement parts for non-functioning parts including:

---Host computer and Peripherals ---DiscovIR Software updates ---Electronic and mechanical components -Annual Preventative Maintenance Visit (includes clean restrictor mechanism, replace capillary tubing, realignment of deposition tip, vacuum leak test, change rough pump oil and oil mist filter cartridge if needed, check diffusion pump oil, check optical alignment, update software, clean fans and oven components, check oven temperature, perform inlet maintenance, perform leak test, recalibrate pressure sensor, check carrier gas flow, and perform an operational test.)

-Software licenses for and installation of DiscovIR 10 on 4 GCIR instruments and 4 GCIR data stations.

Q3Answer: Spectra Analysis is the only company that manufactures a solid phase GC-IR, and thus is the only company that can supply replacement parts or provides service. There are no authorized service providers in the United States other than Spectra Analysis. Spectra-Analysis is the only provider of DiscovIR 10 software.

forced to move cases around and possibly delay their analysis when complex synthetic drugs are suspected. In addition, we will be forced to pay for technical support and service vists as needed, which are billed at a rate of $250/hr and $5000/day respectively, not including parts.

Q10Answer: This instrumentation is far more complex than the other equipment in the drug chemistry section of the Forensic Sciences Command.

There will continue to be unacceptable amounts of downtime of four instruments that were procured at a price of approximately $188,000 each without these service contracts.