R-199332-BAO equipment-SPO Signed SEFS-SSJF.pdf

Sole Source Justification Form

Version 7.01 Page 1 of 5

Bulletin Reference Number R-199332

Requesting Agency/University Illinois State Police

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

Department/Bureau/Section: Division of Academy and Training

Need Identified Date: December 7, 2023 Supply/Service Need By Date: June 30, 2025

Project Title: BAO Equipment Alco-Sensor and EC/IR II for state-wide usage.

Vendor: Intoximeters

Provide a description of the supplies or services required:

Quantity: 100 Sets of the following:

Alco-Sensor FST

- 25 Mouthpieces

- 2 Passive Cups

- Drink Sniffer

- Carrying Case

- Wrist Strap

- Quick Reference Card

- Web-Based Training

- 1-Year Parts & Labor Warranty -Illinois Software Loaded onto Equipment.

Quantity of 10 Complete Sets, which includes the following items:

Intox EC/IR II 100 Mouthpieces, 2 rolls of Printer Paper and a Manual One- Year Parts & Labor Warranty Illinois Software Installation

Value: Actual Value of Initial Term, this Change Order or Amendment: 143,395

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

Section II - Proposed Term

One-Time Purchase Term Contract

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)

Items are Copyrighted or Patented and the Items are Only Available from the Holder

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

Another justification that this purchase is only available from a sole source is because it is:

Compatibility of Equipment, Accessories, Replacement Parts or Service

Another justification that this purchase is only available from a sole source is because it is:

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Bulletin Reference Number R-199332

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 03/27/2019 06/30/2019 193,473 Alco-Sensor FST & Alco-Sensor VXL P-4372:3 IFB

2 05/13/2019 05/13/2019 47,530 Alco-Sensor FST & Alco-Sensor VXL P-4372:4 IFB

3 04/21/2021 04/21/2021 342,660 Alco-Sensor FST & Alco-Sensor VXL P-4372:8 IFB

4 11/08/2021 06/30/2022 139,315 EC/IR II P-4372:9 IFB

5 08/29/2022 06/30/2023 89,573 Alco-Sensor FST P-4372:17 IFB

6 08/30/2022 06/30/2023 193,545 Alco-Sensor VXL P-4372:18 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:

The Intoximeters EC/IR II is the only evidential desktop instrument that is allowed for use in Illinois according to the 20 Illinois Administrative Code 1286.210 Evidentiary Instrument Approval, which is governing code that controls the rules and regulations regarding breath testing in Illinois. The EC/IR II is also the only instrument allowed for use in Illinois that utilizes infrared technology, which is used to detect the presence of mouth alcohol during a breath test. This is extremely important to ensure that mouth alcohol does not effect the breath test result.

The Alco-Sensor FST is the only PBT that is used by the Illinois State Police. This ensures uniformity when it comes to training officers and understanding it’s proper use.

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

Breath Alcohol Equipment, utilized by the Illinois State Police and the Local Agencies that are serviced by the ISP are currently outfitted and trained on Intoximeter equipment. There are certification courses that are mandated for sworn personnel, which are currently taught by ISP Instructors. The Intox EC/IR II and Alco-Sensor VXL @Point of Arrest System,which are being requested, must be purchased from the vendor as they are the Sole Manufacturer and distributor of their equipment.

The evidential equipment and the officer's who utilize the equipment, are often subpoenaed to testify in alcohol related court hearings.

The equipment and maintenance mandates, set forth by the ISP and the State of Illinois, would have to be altered completely in order for a different piece of equipment to be utilized. This would not be cost beneficial to the taxpayers of Illinois.

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?

Intoximeters currently holds the patent for the Alco-Sensor FST and EC/IR II and is the sole manufacturer of this equipment.

Intoximeters is the sole source provider of the Intox EC/IR II and Alco-Sensor VXL @Point of Arrest System. The Intoximeters EC/IR II is the only evidential desktop instrument that is allowed for use in Illinois according to the 20 Illinois Administrative Code 1286.210 Evidentiary Instrument Approval, which is governing code that controls the rules and regulations regarding breath testing in Illinois.

The EC/IR II is also the only instrument allowed for use in Illinois that utilizes infrared technology, which is used to detect the presence of mouth alcohol during a breath test.

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Bulletin Reference Number R-199332

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:

Intoximeters currently holds the patent for the Alco-Sensor FST and EC/IR II and is the sole manufacturer of this equipment.

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?

Intoximeters is the sole manufacturer of the Intox EC/IR II, Alco-Sensor VXL @Point of Arrest System and Alco-Sensor FST breath Alcohol testing instruments. The Intoximeters EC/IR II is the only evidential desktop instrument that is allowed for use in Illinois that utilizes infrared technology, which is used to detect the presence of mouth alcohol during a breath test according to the 20 Illinois Administrative Code 1286.210. Evidentiary Instrument Approval, which is governing code that controls the rules and regulations regarding breath testing in Illinois.

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?

Intoximeters is the sole source provider of the Intox EC/IR II and Alco-Sensor VXL @Point of Arrest System so there is no comparable pricing for the Intox EC/IR II and Alco-Sensor VXL @point of arrest system. The Alco-Sensor FST is also available through two on-line distributors. Prices were compared to the prices offered by Intoximeter: Intoximeters FST $498.00/ea. AlcoPro FST $622.50/ea. and Galls FST $597.50/ea. The prices offered by Intoximeter are lower than both on-line distributors cost. The cost savings to ISP and the State of Illinois is significant for the total quantities needed.

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 procurement is not approved, the funds remaining in the FY24 IDOT Grant will be lost and the field will not receive the equipment necessary to ensure the safety of the citizens of Illinois.

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

Sole Source Letter Attached.

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Bulletin Reference Number R-199332

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 01/23/2024

Printed Name Kaitlin Poe E-mail Address Kaitlin.Poe@Illinois.gov

Phone Number 217-786-0310

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 Marcus.Gipson@illinois.gov

Phone Number 847-544-9583 Date Jan 23, 2024

Printed Name Marcus Gipson

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 Jan 23, 2024

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

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Bulletin Reference Number R-199332

Requesting Agency/University Illinois State Police

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

Project Title

Vendor

Initial Date of Procurement Bulletin Posting

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

Printed Name Date

CPO E-mail

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

Alco-Sensor FST

- 25 Mouthpieces

- 2 Passive Cups

- Drink Sniffer

- Carrying Case

- Wrist Strap

- Quick Reference Card

- Web-Based Training

- 1-Year Parts & Labor Warranty -Illinois Software Loaded onto Equipment.

Quantity of 10 Complete Sets, which includes the following items:

Intox EC/IR II 100 Mouthpieces, 2 rolls of Printer Paper and a Manual One- Year Parts & Labor Warranty Illinois Software Installation

The Alco-Sensor FST is the only PBT that is used by the Illinois State Police. This ensures uniformity when it comes to training officers and understanding it’s proper use.

Q2Answer: Breath Alcohol Equipment, utilized by the Illinois State Police and the Local Agencies that are serviced by the ISP are currently outfitted and trained on Intoximeter equipment. There are certification courses that are mandated for sworn personnel, which are currently taught by ISP Instructors. The Intox EC/IR II and Alco-Sensor VXL @Point of Arrest System,which are being requested, must be purchased from the vendor as they are the Sole Manufacturer and distributor of their equipment.

The evidential equipment and the officer's who utilize the equipment, are often subpoenaed to testify in alcohol related court hearings. The equipment and maintenance mandates, set forth by the ISP and the State of Illinois, would have to be altered completely in order for a different piece of equipment to be utilized. This would not be cost beneficial to the taxpayers of Illinois.