REQ-DASOBO-00019403_Final.pdf

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REQUEST FOR SPECIAL PROCUREMENT No. REQ-DASOBO-00019403

PART A. Requesting Agency must complete Items 1 through 13.

1. Requesting Agency Name: Department of Administrative Services, Procurement Services (DAS PS) on behalf of the Oregon State Police (OSP)

2. Date of Request: October 4, 2021 3. Agency Number: 107090

4. Agency Contact Name: Stefani Tew 5. Phone: (971) 701-1860

6. Type of Request: Class Special Procurement __X___ Contract-specific Special Procurement

7. Time Period Requested: From: November 1, 2021 To: August 12, 2024

8. Total Estimated Cost: $100,000

9. Title: Supplies and/or Services to be Acquired:

Spectrometer Repair and Maintenance Services for an additional Spectrometer

10. Request, Background, Current Need, and Proposed Contracting Procedure:

a. Request:

DAS PS, on behalf of the OSP, requests approval of Special Procurement (SP) No. REQ-DASOBO- 00019403 to add an additional Spectrometer to the Service Maintenance Agreement (SMA) No. DASPS- 1733-19 with EDAX, Inc., for repair and maintenance services. The SMA term remains the same and increases the not-to-exceed (NTE) by $100,000 for a total NTE of $450,000.

b. Background:

OSP serves all people with a priority of safeguarding life, property and natural resources by building upon a diverse, professional, and trustworthy workforce. Specifically, the Forensic Services Division, “Division” provides scientific, technical and investigative support to the criminal justice system.

OSP has two (2) Spectrometers, hereafter called “instrument(s)”. The instruments provide the means the Division needs for the identification of elements, such as inorganic compounds, for a precise view for the laboratory technicians. These instruments have applications on 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, if problems arise.

One instrument is not covered under the current SMA and is not in a functioning state at this time. Specific information to instrument is:

ORBIS PC SDD S/N: 1055 and Detector: Apollo XRF S/N: M10220

Sole Source Determination and Justification No. SS-642-18, hereby attached as Exhibit 1, was approved and posted to the Oregon Procurement Information Network (ORPIN) under Sole Source Notice No.

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DASPS-3102-19 on February 5, 2019. The Notice closed on February 12, 2019, with no protests received.

The Sole Source term was for five (5) years, with a NTE of $350,000.

Once the instrument is added to existing SMA, the necessary repairs will be made. Moving forward, this addition will allow both instruments to receive the required ongoing repair and maintenance to ensure continued functionality.

c. Current Need:

DAS PS, on behalf of the OSP, intends to add an additional Spectrometer to the existing SMA to allow for immediate repair and maintenance. The total estimated costs for this addition is reflected in the table below:

YEAR CONTRACT PERIOD ANNUAL RATE

Year 1 11/01/2021 to 8/12/2022 $30,600 Year 2 8/13/2022 - 8/12/2023 $30,230 Year 3 8/13/2023 to 8/12/2024 $31,735

Total Estimated NTE: $ 92,565

d. Proposed Contracting Procedure:

• DAS PS will issue a public notice on OregonBuys, as required by Oregon Administrative Rule (OAR

125-247-0287), for a period of seven (7) calendar days, regarding approval of this SP.

• Advertisement of the SP will serve as notification to the supplier community that DAS PS, on behalf of

OSP, intends to amend SMA No. DASPS-1733-19, hereby attached as Exhibit 2, as indicated in this SP and will include a provision that any affected person may protest the approval of the SP.

• If no protests to the SP are received or sustained, DAS PS will proceed with the amendment to SMA No. DASPS-1733-19, adding the instrument and increasing the NTE by $100,000.

11. Justification for use of Special Procurement: Describe the circumstances that justify the use of a Special Procurement. Attach relevant documentation.

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.

EDAX, Inc. is the manufacturer of the instrument, stating that their status as the sole provider for field service, various parts and assemblies for repairs, service and maintenance of the instrument. See attached letter (hereby attached as Exhibit 3) provided by EDAX Inc.

12. Findings to Satisfy the Required Standards: This proposed special procurement:

___X___ (a) will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because:

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The instrument can be purchased multiple places, but cannot be repaired and maintained by any other entity other than EDAX, Inc. EDAX, Inc. remains the sole provider of the maintenance and repair on this certain instrument.

and

______(b)(i) will result in substantial cost savings to the contracting agency or to the public because:

or

___X___ (b)(ii) will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements of ORS 279B.055, 279B.060, 279B.065, or 279B.070, or any rules adopted thereunder because:

OSP initiated a large financial investment with the purchase of these two (2) Spectrometers in 2011. Since that time, staff has utilized the instruments during their evidence analysis process and are familiar with their functionality. It is in the public’s best interest to continue using these instruments, while minimizing their inoperability. The instrument requested to be added to the current SMA is inoperable and has been repaired in the past on an as-needed basis. Each repair requires a separate competitive solicitation, which includes travel and lodging costs of approximately $6,000, plus the cost of parts and labor to get the instrument operational. This process leads to longer downtimes for the instrument and hinders business operations.

The instrument requesting to be added to the current SMA was looked at by a qualified technician in the last six (6) months when EDAX visited OSP to conduct the annual maintenance on the other instrument.

This instrument is now considered “qualified” by EDAX, which is a requirement for the instrument to enter into a SMA. Given this is the sole provider that provides field service, various parts and assemblies for repair, service, and maintenance of these systems, the Special Procurement will save OSP the cost of having to go through the “qualified” process again, which would cost the OSP travel, lodging and labor hours; approximately $7,000.

13. Signature: The actual signature of the Agency Head or designee (e.g., Designated Procurement Officer) is not required on the Request if it is submitted through OregonBuys. Agency may elect to attach a signed Request.

Signature: e.g. Electronically in OregonBuys _________________ Type Name: Date:

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PART B. The Department of Administrative Services completes Part B.

STATUTORY AND RULE AUTHORITY:

ORS 279B.085(2) states the Director of the Department of Administrative Services may approve a special procurement if the Director finds that a written request submitted under ORS 279B.085(4) demonstrates that the use of a special procurement as described in the request, or an alternative procedure prescribed by the Director will:

(a) Be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts; and

(b) (A) Result in substantial cost savings to the contracting agency or to the public; or

(B) Otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with requirements that are applicable under ORS 279B.055, 279B.060, 279B.065 or 279B.070 or under any rules adopted thereunder.

OAR 125-246-0170 delegates the authority of the Director of the Department of Administrative Services to approve special procurements to the State Chief Procurement Officer. OAR 125-247-0285 through 125-247- 0288 implement ORS 279B.085.

OAR 125-247-0700(2) Protests and Judicial Review of Special 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. The Authorized Agency shall post the Public Notice on OregonBuys. The

Special Procurement may not be used until after the completion of the seven (7) day notice period required pursuant to OAR 125-247-0287(4), 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 ORS 279B.400 and OAR 125-247-0700 and OAR 137-047-0700, and

ii. confirms in writing the first possible date of use of the Special Procurement.

2. ORS 279A.165 Requirements. Authorized Agency shall comply with the requirements of ORS

279A.165 and OAR 125-247-0287(12) regarding a report about this Special Procurement. Agency shall use a form and follow the instructions provided by the State Chief Procurement Officer or delegate.

APPROVED:

Debbie Dennis, State Chief Procurement Officer, Date:

Department of Administrative Services

10/08/21