PO234096 - Sole Source Justification.pdf

Department of Enterprise Services – C&P Page 1 of 5 April 2022

Sole Source CONTRACT Filing Justification Template

Use the following justification template for preparing to file sole source contracts in the Sole Source Contracts Database (SSCD). Once completed, copy and paste the answers into the corresponding SSCD question and answer fields. You will also need to include a copy of this completed form in the documents you post to your agency website and in WEBS.

What is a sole source contract?

"Sole source" means a contractor providing goods or services of such a unique nature or sole availability at the location required that the contractor is clearly and justifiably the only practicable source to provide the goods or services. (RCW 39.26.010)

Unique qualifications or services are those which are highly specialized or one-of-a-kind.

Other factors which may be considered include past performance, cost-effectiveness (learning curve), and/or follow-up nature of the required goods and/or services. Past performance alone does not provide adequate justification for a sole source contract. Time constraints may be considered as a contributing factor in a sole source justification however will not be on its own a sufficient justification.

Why is a sole source justification required?

The State of Washington, by policy and law, believes competition is the best strategy to obtain the best value for the goods and services it purchases, and to ensure that all interested vendors have a fair and transparent opportunity to sell goods and services to the state.

A sole source contract does not benefit from competition. Thus the state, through RCW 39.26.010, has determined it is important to evaluate whether the conditions, costs and risks related to the proposal of a sole source contract truly outweigh forgoing the benefits of a competitive contract.

Providing compelling answers to the following questions will facilitate the evaluation.

Specific Problem or Need

• What is the business need or problem that requires this contract?

The Washington State Patrol (WSP) Aviation Section operates fixed wing aircraft equipped with highly sophisticated camera systems. These camera systems require a mapping technology capable of providing real time map overlays to the aircrew. The video, along with the overlay mapping information, allows the aircrew to provide real time/important location information to officers on the ground.

https://sscd.des.wa.gov/Logon/Logon.aspx?ReturnUrl=%2f https://sscd.des.wa.gov/Logon/Logon.aspx?ReturnUrl=%2f https://pr-webs-customer.des.wa.gov/

Department of Enterprise Services – C&P Page 2 of 5

Additionally, the mapping system must be capable of providing real time speed calculations to identify and assist with apprehending aggressive drivers.

The WSP Aviation Section currently operates two C206 aircraft with FLIR camera systems equipped with the Shotover ARS mapping system. The WSP Aviation Section has a new Pilatus PC-12 Spectre on order that will come equipped with Shotover ARS mapping.

Sole Source Criteria

• Describe the unique features, qualifications, abilities or expertise of the contractor proposed for this sole source contract.

Some of the unique features included in the ARS Mapping system are:

1) Hardware

• The ARS-750C hardware is a small single box solution. This rugged and compact system saves weight, space and installation time on the aircraft.

• The ARS-750C is a lightweight system weighing only 2.9 lbs.

• The ARS Augmented Reality, 2D mapping, and two SD/HD digital video channels can be recorded on the hardware. No additional Digital Video Recorders are needed on the aircraft.

2) Software Features

• The ARS-750C includes street labels, roof top addresses and business names for the entire Continental US.

• The address lookups can be entered simply and quickly, by entering the address or business name and does not require the entry of the state, county or city. Destinations are listed by proximity to the aircraft/camera.

• ARS includes built-in Speed Measurement feature that calculates average speed similar to VASCAR. This data is automatically recorded, allowing pursuit vehicles to focus on following the vehicle and not on tracking the speed. For over 15+ years, this system has provided probable cause for infraction and criminal cases in the WA court system.

• The system includes Aerial synthetic imagery that can be used to see the layout of a target property prior to arriving on-scene, when unable to view from the camera in cases of fog, cloud cover or smoke, or to aid in night missions.

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• The system allows the path of the aircraft, path of the camera, markers, perimeters, screen shots, and video to be saved via removable media sources plugged in directly to the front of the mounted unit.

• The camera interface is included in the software at no additional charge.

3) Digital Video Recorders

• The ARS includes recording of two HD channels, saving weight, space and cabling.

• The ARS records two channels simultaneously as well as Metadata.

• The recorders allow for on-screen display and control of recording.

• The Recorders offer Playback of video WHILE RECORDING.

• The recorders offer “TiVo” feature where a 30 second buffer is being recorded prior to the record button being selected. (Never miss a thing.)

• The ARS on-board recorders can record High-Definition signals in 720p or 1080p.

What kind of market research did the agency conduct to conclude that alternative sources were inappropriate or unavailable? Provide a narrative description of the agency’s due diligence in determining the basis for the sole source contract, including methods used by the agency to conduct a review of available sources such as researching trade publications, industry newsletters and the internet; contacting similar service providers; and reviewing statewide pricing trends and/or agreements. Include a list of businesses contacted (if you state that no other businesses were contacted, explain why not), date of contact, method of contact (telephone, mail, e-mail, other), and documentation demonstrating an explanation of why those businesses could not or would not, under any circumstances, perform the contract; or an explanation of why the agency has determined that no businesses other than the prospective contractor can perform the contract.

• The ARS system is what is installed in the current WSP Aviation fleet.

• A general web search for law enforcement aerial mapping systems was conducted and no other mapping systems provide the capabilities of the ARS mapping system.

• Aerocomputers, an aerial mapping system that provided similar features, was located during our internet search. We contacted Aerocomputers (email and telephone) on September 4, 2024, and they provided the features of their mapping system. Their mapping system does not have the capability of determining the speed of moving targets on the ground and their overall weight is approximately 10 pounds heavier than the ARS system.

What considerations were given to providing opportunities in this contract for small business, including but not limited to unbundling the goods and/or services acquired.

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• N/A- no other vendors sell this mapping system. Shotover/Churchill is the only manufacturer and distributor of the ARS mapping system.

Provide a detailed and compelling description that includes quantification of the costs and risks mitigated by contracting with this contractor (i.e. learning curve, follow-up nature).

• WSP Aviation has utilized Churchill/Shotover ARS mapping software since 2006. WSP Aviation worked closely with Shotover to develop the vehicle speed detection system currently in use on two of the WSP’s aircraft. WSP Aviation and Churchill have a long standing, successful relationship, making the learning curve almost non-existent.

• To keep the systems consistent across the fleet, the ARS mapping system would be the only system available.

Is the agency proposing this sole source contract because of special circumstances such as confidential investigations, copyright restrictions, etc.? If so, please describe.

No

Is the agency proposing this sole source contract because of unavoidable, critical time delays or issues that prevented the agency from completing this acquisition using a competitive process?

If so, please describe. For example, if time constraints are applicable, identify when the agency was on notice of the need for the goods and/or service, the entity that imposed the constraints, explain the authority of that entity to impose them, and provide the timelines within which work must be accomplished.

Is the agency proposing this sole source contract because of a geographic limitation? If the proposed contractor is the only source available in the geographical area, state the basis for this conclusion and the rationale for limiting the size of the geographical area selected.

What are the consequences of not having this sole source filing approved? Describe in detail the impact to the agency and to services it provides if this sole source filing is not approved.

• If the purchase of the Shotover ARS mapping system was not approved, the WSP

Aviation Section would not be able to provide real time critical information to law enforcement officers on the ground. WSP Aviation would lose the ability to monitor and record aggressive drivers, including DUI drivers, while providing timely location updates to pursuing officers. Recording capabilities of aerial footage taken from the airplanes would not exist, impacting testimony and the ability to prosecute dangerous drivers.

Finally, the WSP Aviation Section would lose the ability to determine the speed of vehicles that are driven in a dangerous manner.

Department of Enterprise Services – C&P Page 5 of 5

• If a different mapping system were to be installed, the crews would have to learn multiple systems. There would need to be addition information for the courts and additional affidavits for an additional system.

Sole Source Posting

• Provide the date in which the sole source posting, the draft contract, and a copy of the Sole Source Contract Justification Template were published in WEBS.

- If exempt from posting in WEBS, please provide which exemption.

- If failed to post, please explain why.

• Were responses received to the sole source posting in WEBS?

- If one or more responses are received, list name of entities responding and explain how the agency concluded the contract is appropriate for sole source award.

Reasonableness of Cost

Since competition was not used as the means for procurement, how did the agency conclude that the costs, fees, or rates negotiated are fair and reasonable? Please make a comparison with comparable contracts, use the results of a market survey, or employ some other appropriate means calculated to make such a determination.

The $120,000 cost of each Shotover ARS Mapping System is an approved budget expenditure for this procurement. WSP also looked at Aerocomputers as an option for a mapping system. Aerocomputers cost was less about $50,000 however, Aerocomputers does not offer the capability of determining the speed of moving targets on the ground and their overall weight is approximately 10 pounds heavier than the ARS system. The difference in pricing is due to Shotover ARS mapping system offering more in their system and their weight is considerably less, which is important for the weight of the overall aircraft.