SP_10700-96712_Amd-1_Axon Tasers_PA_Approved.pdf

SP_10700-96712_Amd-1_Axon Tasers_PA_ForPPOsig.docx (Original SP-1086-18) Axon Tasers – PA 8913

REQUEST FOR SPECIAL PROCUREMENT

No. REQ-10700-00095504, Amendment No. 1

(Original SP-1086-18)

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

1. Requesting Agency Name: Department of Administrative Services (“DAS”), State Procurement Services

(“SPS”)

2. Date of Request: September 23, 2024 3. Agency Number: 10700

4. Agency Contact Name: Kim O’Neill 5. Phone: (971) 349-0114

6. Type of Request: Contract-specific Special Procurement

7. Amendment Time Period Requested: From: December 31, 2024 To: December 31, 2026

8. Total Estimated Cost for Amendment Time Period: $300,000

Note: The estimated volume sales under the PA over the initial 6-year Term were estimated at $700,000.

The estimated volume sales for the additional 2-year Term requested in this SP Amd-1 are estimated at $300,000, cumulatively $1 million.

9. Title: Supplies and/or Services to be Acquired: Axon Tasers and related Software and Products

(collectively “Supplies”)

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

a. Amendment Request:

DAS SPS seeks approval of this Amendment No. 1 to Request for Special Procurement #10700-95504 (the “SP”) to amend the original Special Procurement SP-1068-18 and the resulting statewide Price Agreement No. 8913 (the “PA”) issued to Axon Enterprise, Inc. (“Axon”), to extend the Term up to two (2) additional years, not to extend beyond December 31, 2026.

b. Background:

DAS Procurement Services, now DAS SPS, established the PA through Invitation to Bid (“ITB”) #DASPS-2276-18, conducted in 2018.

• During PA negotiations, it became apparent that a Special Procurement would be necessary in order to negotiate supplemental terms and conditions with Axon. SP #1086-18, attached hereto as ‘SP_Attachment-1’, was approved on December 14, 2018.

• The PA was fully executed on January 18, 2019, with a 6-year Term.

• To date, the PA has been amended three times to address pricing, provisions, and administrative matters.

Axon Tasers – PA 8913

Authorized Purchasers order Supplies under the PA using ordering instruments (e.g., purchase orders) and are solely responsible for directly paying Axon for those Supplies. The Authorized Purchasers listed below utilized the PA from Q3 2020 through Q2 2024, with a total cumulative spend of $774,969.

• Oregon Institute of Technology

• University of Oregon Police Department

• Oregon Department of Corrections

• Oregon State Police

• Corvallis Police Department

• Eastern Oregon Correctional Institution

• Bend Police Department

• Portland Police Bureau

The PA will expire December 31, 2024, in accordance with its terms. There are no additional renewal terms available.

c. Current Need:

The majority of Oregon public safety officers use only Axon Tasers. Maintaining the PA is vital for the safety and well-being of Oregon safety officers and citizens. A change in the PA contract administrator earlier this year caused the timeline for a planned re-procurement to be delayed. Through this SP_Amd-1, the current PA contract administrator seeks the ability to extend the PA Term up to two additional years, which will support a new procurement process including:

• Conducting market research;

• Obtaining Brand Name Determination approval (Axon Tasers are not compatible with other taser brands and systems);

• Conducting a solicitation; and

• Executing one or more new PA(s).

d. Proposed Contracting Procedure:

1. As required by Oregon Administrative Rule (“OAR”) 125-247-0287, SPS will issue a public notice (the “Notice”) advising of this approved SP Amd-1. The Notice will be posted on OregonBuys for a period not less than 7 calendar days.

2. The Notice will include provisions that any affected party may protest the approval of this SP Amd-1.

3. DAS SPS will respond to and resolve all protests, if any.

4. If no protests to this SP Amd-1 are received or sustained, SPS will proceed with amending the PA as set out in Section 10.a above.

5. Pursuant to Oregon Revised Statute (“ORS”) 291.047 and related OAR 137-045-0015, SPS will work with Oregon Department of Justice (“DOJ”) and obtain legal sufficiency approval prior to executing the PA amendment(s), if required.

Axon Tasers – PA 8913

11. Justification for use of Special Procurement:

Axon Tasers and related Software and Products are only available from Axon (sole source). There are two procurement methods defined in Oregon’s procurement laws (the “Code”) through which a Sole Source procurement can be made.

• ORS 279B.075 Sole-source procurements

• ORS 279B.085 Special procurements

With the approval of SP #1086-18, the original Special Procurement approved in December 2018 (SP_Attachment-1), negotiation of supplemental terms and conditions, and execution of the PA, the SP and the PA became intertwined. Therefore, the PA cannot be amended as outlined in Section 10.a above, without first obtaining approval of this SP_Amd-1 Request.

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:

• The PA was established through an ITB conducted in accordance with ORS 279B.055, ORS 279B.215, and OAR 125-247-0255, which was publicly noticed on the Oregon Procurement Information Network (“ORPIN”), the state’s former eProcurement system.

• The next planned solicitation will be conducted in accordance with the Code.

o The ITB will be developed to encourage maximum competition to the extent possible.

o The ITB will be publicly noticed on OregonBuys, the state’s current eProcurement system, which holds a roster of approximately 31,000 Suppliers (aka vendors).

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:

• the statutes listed in the sentence directly above address procurement methods for new opportunities, whereas this SP_Amd-1 seeks the ability to amend the existing PA to extend its Term up to 2-years.

This modest time extension will support the development of a new opportunity seeking Tasers and related Software and Products, which will be conducted in accordance with ORS 279B.055, 279B.060, 279B.075, or 279B.085 and related rules.

• A Special Procurement is the only sourcing (procurement) method available through which the existing PA can be amended to extend the Term for two additional years.

• Taser weapons have become a common tool for public safety professionals as they:

o provide a “less-lethal” option to firearms.

o can sometimes de-escalate a situation.

Axon Tasers – PA 8913 o can greatly reduce the risk of serious injury or death.

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:

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.

Axon Tasers – PA 8913

3. Authorized Agency shall comply with all Enterprise Information Services (“EIS”) conditions and requirements prior to contract (PA) or PA amendment execution, if applicable.

APPROVED:

Jay Jackson, Procurement Policy Officer Date Department of Administrative Services

12/18/2024