SoleSource_BrandName_Promega_Y23.pdf

SOLE-SOURCE DETERMINATION AND JUSTIFICATION

AND BRAND NAME SPECIFICATION DETERMINATION

FOR SUPPLIES AND SERVICES

Agency-Delegated Determination – Not Routed to DAS for Approval

Agency: Oregon State Police, Business Services Division

Requesting Program: Forensic Services Division – DNA Section, Clackamas Laboratory

Determination No.: S-25700-00017587

Related Ticket: OSP Support #149212

Prior Contract: Price Agreement 257-1698-21 / Blanket PO-25700-00013495 (expired 03/17/2026)

Designated Procurement Officer: Robert D. Johnson, OPAC, CPPB – Procurement Manager and DPO

Agency Analyst / Procurement Specialist: Ryan D. Miller

Date: July 23, 2026

Re: Sole-Source Determination pursuant to ORS 279B.075 and OAR 125-247-0275, combined with Brand Name Specification Determination pursuant to ORS 279B.215 and OAR 125-247-0691, as directed by OAR 125-247- 0275(8).

PART A – SOLE-SOURCE DETERMINATION

1. Authority to Enter into a Sole-Source Contract

OAR 125-246-0170(2)(c)(H) delegates to Authorized Agencies the Authority for Sole-Source Procurements not exceeding $250,000, conducted according to ORS 279B.075 and OAR 125-247-0275. That Authority is held by the Agency’s Designated Procurement Officer through the Chain of Delegation established in OAR 125-246- 0170(2)(a)(A).

Because the estimated value of this Procurement does not exceed $250,000, written approval of this Determination rests with the Agency’s Designated Procurement Officer under OAR 125-247-0275(4)(d).

Approval of the State Chief Procurement Officer under OAR 125-247-0275(5)(b) is not required and is not requested.

2. Estimated Total Value of Contract

$250,000 (not-to-exceed), cumulative over a term not to exceed five (5) years.

Basis: Documented spend under the predecessor agreement was $142,140 across four orders over its full term.

The Forensic Services Division estimates recurring annual consumption of approximately five (5) PowerPlex Y23 System 200-reaction kits and one (1) PowerPlex 5C Matrix Standard. At currently quoted pricing, that annual volume is approximately $30,900. The not-to-exceed amount incorporates headroom for price escalation and/or increase in case load across the term while remaining within the Agency’s delegated Authority under OAR 125- 246-0170(2)(c)(H).

3. Subject of Contract

Establishment of a price agreement with Promega Corporation for the purchase of PowerPlex Y23 System short tandem repeat (STR) amplification kits and the associated PowerPlex 5C Matrix Standard, for use in forensic DNA casework by the OSP Forensic Services Division. Catalog items:

• DC2320 – PowerPlex Y23 System, 200 reactions

• DC2305 – PowerPlex Y23 System, 50 reactions

• DG4850 – PowerPlex 5C Matrix Standard, 5 preps (historically supplied at 100% discount / no charge)

4. Background

The OSP Forensic Services Division DNA Section performs Y-STR analysis in support of criminal casework statewide. Y-STR amplification is performed using the Promega PowerPlex Y23 System, which the laboratory selected and internally validated following a comparative evaluation against the other Y-STR amplification kit then available. The PowerPlex 5C Matrix Standard is a required complement to the Y23 reaction kit and is not independently substitutable.

These items were previously purchased under Price Agreement 257-1698-21, entered in OregonBuys as blanket PO-25700-00013495. That agreement expired March 17, 2026, is at maximum term, and cannot be extended.

Total documented spend under the agreement was $142,140.

The Agency’s standing preference is to purchase laboratory supplies through the statewide mandatory-use agreements with VWR (Avantor), Fisher Scientific, and Pacific Star, in order to obtain competitively established pricing and to avoid maintaining stand-alone manufacturer contracts. The Agency accordingly attempted to route these purchases through VWR before considering a direct award. That effort is documented in Section 5.A below and was unsuccessful for reasons attributable to the manufacturer’s distribution model.

Prospective Contractor: Promega Corporation, 2800 Woods Hollow Road, Madison, Wisconsin 53711.

5. Findings

A. Market Research Overall Finding – OAR 125-247-0275(3)

The Agency conducted and documented the following market research prior to public notice:

• Statewide mandatory-use agreements reviewed. The Agency reviewed the statewide agreements with VWR (Avantor), Fisher Scientific, and Pacific Star. The subject catalog items do not appear on any of them. The VWR agreement is a participating addendum under the NASPO ValuePoint Laboratory Equipment and Supplies 2024–2032 portfolio and carries in excess of 3,000 other Promega catalog items, which made it the most probable contract vehicle and the first avenue pursued.

• Direct inquiry to the reseller. The Agency contacted VWR Account Representative Jackson Mestler and Life Science Specialist Desmond Zamarripa and requested that the subject catalog items be added to the VWR NASPO offering. VWR pursued the request with the manufacturer over a period of several weeks.

• Written confirmation from the manufacturer. By email dated May 11, 2026, Rachel Frieders, Contracts Manager – Genetic Identity, Promega Corporation, stated that these products are not available through distributors, that Promega is the sole manufacturer and distributor of them, and that Promega is unable to offer them through VWR. This confirmation was independently repeated to Forensic Services Division staff by Promega account manager Sara Laber in June 2026.

• OregonBuys verification. A Statewide Contract Search / Award Search for active agreements returned no price agreement under which the subject items may be purchased.

• Corroborating public record. The Missouri Office of Administration has published a Single Feasible Source determination for Promega DNA reagents and supplies on behalf of the Missouri State Highway Patrol Crime Laboratory, resting on the same manufacturer distribution model and on laboratory validation. This is corroborative only and is not relied upon as a substitute for the Agency’s own research.

Finding: Based on the foregoing, the Agency finds that the subject Supplies are available from only one source, Promega Corporation, and are not available under any existing Mandatory Use Contract or other Price Agreement available to the Agency.

B. Findings of Fact – OAR 125-247-0275(2)

1. Pursuant to OAR 125-247-0275(2)(a) – Compatibility.

Efficient utilization of the Agency’s existing goods requires acquisition of compatible goods from only one source. The PowerPlex Y23 System is the amplification chemistry internally validated by the OSP Forensic Services Division for Y-STR casework on the Division’s existing capillary electrophoresis instrumentation. The Division’s validated protocols, interpretation thresholds, stutter filters, and analytical parameters are specific to this chemistry. The PowerPlex 5C Matrix Standard is the matrix standard required by that chemistry and functions only with it. Substituting a different manufacturer’s amplification kit would render the existing validated protocols and interpretation parameters inapplicable and would require the Division to develop and validate replacements.

2. Pursuant to ORS 279B.075(2)(d) – Other Findings.

The following additional findings support the conclusion that the Supplies are available from only one source:

• Availability and exclusive distribution. The manufacturer has confirmed in writing that it does not distribute these products through resellers and that it is the sole manufacturer and distributor. No authorized reseller can supply them, including under the statewide agreements the Agency is otherwise required to use.

• Cost of conversion. Adoption of an alternative amplification chemistry would require a full internal validation before the new chemistry could be used in casework, consistent with the Division’s accreditation obligations and the applicable federal quality assurance standards for forensic DNA testing laboratories. The Division has advised that this would consume substantial staff time and expense over a period of months and would increase casework backlog during the transition. That conversion cost is attributable to the regulatory and accreditation framework governing forensic DNA testing, not to any Agency preference for the manufacturer.

• Warranty and technical support services. A direct contractual relationship with the manufacturer provides the Division with access to the manufacturer’s quality control service team for lot-specific troubleshooting and replacement, direct receipt of manufacturer customer notifications regarding product issues, the ability to request delivery of kits bearing a common lot number, and the ability to request the furthest available expiration dating. The Division has identified each of these as material to the reliability of casework results and to the avoidance of reagent loss.

• No competition exists to be foregone. Because a single entity manufactures and distributes the product, a competitive solicitation would produce a single responsive offer at best, and would delay the Procurement without any prospect of price or quality benefit to the State.

PART B – BRAND NAME SPECIFICATION DETERMINATION

This Part is included pursuant to OAR 125-247-0275(8), which requires that where the findings of fact supporting a Sole-Source Determination include a specification of a Brand Name, that specification must be in accordance with ORS 279B.215 and OAR 125-247-0691.

6. Brand Name to be Acquired

Promega PowerPlex Y23 System (Y-STR amplification kits) and Promega PowerPlex 5C Matrix Standard.

7. Background to the Brand Name Determination

The Agency states plainly that other manufacturers produce forensic DNA amplification reagents, and that other Y-STR amplification chemistries exist which may be physically compatible with the Division’s capillary electrophoresis instrumentation. The Agency does not contend otherwise, and this Determination does not rest on any claim that no alternative product exists in the marketplace.

The Agency’s requirement is not for a Y-STR amplification kit in the general sense. It is for the specific amplification chemistry that the Division has internally validated for use in casework. Under the accreditation and federal quality assurance framework governing forensic DNA testing, a laboratory may not place a new amplification chemistry into casework use until it has completed an internal validation of that chemistry and revised its protocols and interpretation parameters accordingly. The Division completed that process for the PowerPlex Y23 System following a documented comparative evaluation against the alternative kit available at the time, and concluded that the Y23 System was the better option for its workflow.

The standard of quality, performance and functionality the Agency requires therefore includes validated status within this laboratory. Measured against that requirement, and only against that requirement, the identified brand name is the sole product that meets the Agency’s need.

8. Determinations – OAR 125-247-0691(2) and ORS 279B.215(2)

The Agency determines that only the identified brand name Specification will meet the needs of the Agency, based on the following written determinations. Any one of these is sufficient under the Rule; the Agency makes all four.

(a) Use of a Brand Name Specification is unlikely to encourage favoritism in the awarding of Public Contracts or substantially diminish competition for Public Contracts.

The Specification does not diminish competition because no competition presently exists for these catalog items:

they are available from a single manufacturer that does not distribute through resellers. The Agency did not begin from a preference for this manufacturer. It began from a preference for its statewide mandatory-use agreements, actively attempted over several weeks to route these purchases through VWR, and turned to a direct award only after the manufacturer declined in writing. The brand designation originates in the laboratory’s documented validation record and its accreditation obligations, not in any relationship with or preference for the vendor. The Agency retains the ability to re-examine the market at the conclusion of the term.

(b) Use of a Brand Name Specification will result in substantial cost savings to the contracting agency.

Specifying the validated chemistry avoids the cost of a full internal validation of a replacement chemistry, which the Division estimates would require months of scientist time together with associated reagent, instrument and administrative costs, and would increase casework backlog during the transition. It further preserves the PowerPlex 5C Matrix Standard at no charge, an item the Agency has historically received at a 100% discount and which would carry a cost under any substitute workflow. The savings identified are avoided costs of conversion and are not asserted as a claim that the manufacturer’s unit pricing is lower than that of any competitor.

(c) There is only one manufacturer or seller of the product of the quality, performance or functionality required.

Promega Corporation is the sole manufacturer of the PowerPlex Y23 System and, as confirmed in writing on May 11, 2026, its sole distributor. The functionality required by the Agency includes validated status within the OSP Forensic Services Division under its accreditation framework, as described in Section 7. No other product satisfies that requirement, and no seller other than the manufacturer can supply this product.

(d) Efficient utilization of existing Supplies/Goods requires the acquisition of compatible Goods or Services.

The Division holds existing inventory of PowerPlex Y23 amplification kits, operates validated protocols and interpretation parameters specific to that chemistry, and runs capillary electrophoresis instrumentation configured for it. The PowerPlex 5C Matrix Standard is required by, and functions only with, that chemistry. Continued acquisition of compatible goods from the manufacturer is necessary for the efficient utilization of each of these existing assets.

9. Single Manufacturer, Multiple Purchases – OAR 125-247-0691(5)

The Agency intends to make several purchases of the brand name-specified Supplies from this manufacturer over a period not to exceed five (5) years. This information is stated in the Procurement File and will be stated in the Public Notice posted on OregonBuys. The estimated cumulative purchase amount does not exceed $250,000.

OAR 125-247-0691(4) (Single Manufacturer, Multiple Sellers) does not apply to this Procurement. That Section governs Supplies available from one manufacturer but through multiple sellers, and accordingly requires informal competitive Quotes at the $25,000–$250,000 level. Here the Supplies are available from a single manufacturer that is also the single seller, so no informal competition is available to be obtained, and the prior written authorization of the State Chief Procurement Officer under Subsection (4)(b) is likewise not triggered.

PART C – RELATED REQUIREMENTS AND NEXT ACTIONS

10. Public Notice and Protest – OAR 125-247-0275(4)

Following approval of this Determination by the Designated Procurement Officer, the Agency will place public notice on OregonBuys describing the Supplies to be acquired, identifying Promega Corporation as the prospective Contractor, and stating the date, time and place that protests are due. Affected Persons will be given not less than seven (7) calendar days from the date of the notice to protest the determination under OAR 125-247-0710.

11. Negotiation – ORS 279B.075(3) and OAR 125-247-0275(6)

To the extent reasonably practical, the Agency will negotiate contract terms advantageous to the Agency, including but not limited to: price escalation limits across the term; fulfillment of orders with a common lot number where requested; delivery of product bearing the furthest available expiration dating; continued provision of the PowerPlex 5C Matrix Standard at no charge; and defined access to the manufacturer’s quality control support and customer notification processes.

12. ORS 200.035 – OAR 125-247-0691(7) and 125-247-0275

The Agency will comply with ORS 200.035 and applicable related Department statewide policy. The subject Supplies are available only from the manufacturer, which is not a certified firm; no subcontracting or division of the Procurement is practicable.

DETERMINATION AND APPROVAL

STATUTE AND RULE: ORS 279B.075; ORS 279B.200 to 279B.215; OAR 125-247-0275; OAR 125-247- 0691.

AUTHORITY TO APPROVE: OAR 125-246-0170(2)(c)(H) (Sole-Source Procurements not exceeding $250,000) and OAR 125-247-0275(4)(d) (written approval of the Agency’s Designated Procurement Officer prior to public notice). Brand Name Specification determinations under OAR 125-247-0691(2) are made by the Agency; no approval of the State Chief Procurement Officer is required for this Procurement.

FINDINGS: The findings set out above are accepted, adopted, and incorporated by reference herein. I determine that the Supplies described are available from only one source, and that only the identified brand name Specification will meet the needs of the Agency.

Robert D. Johnson, OPAC, CPPB Date

Procurement Manager and Designated Procurement Officer

Oregon State Police, Business Services Division

July 23, 2026