SP_Attachment-1~2.pdf

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REQUEST FOR SPECIAL PROCUREMENT No. REQ-DASOBO-00025220

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

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

2. Date of Request: 6/14/22 3. Agency Number: 10700________

4. Agency Contact Name: Nancy Doll_________ 5. Phone: 503-934-0244____

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

7. Time Period Requested: From: _October 1, 2022____ To: _October 31, 2032__

8. Total Estimated Cost: $_160,700.00__

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

(2) BSD600 Ascent A2 BioSample Punch Instruments and related-Services

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

a. Request:

DAS PS on behalf of OSP, Forensic Services Division (“FSD”), requests of approval of this Special Procurement (“SP”) Request #REQ-DASOBO-00025220 to directly negotiate and issue a contract (“Contract”) to BSD Robotics Pty Ltd (“BSD”) for procurement of:

(2) BSD600 Ascent A2 BioSample Punch Instruments 10-years ongoing related-services (collectively “Services”) including:

o Maintenance o Training o Technical Support o Software Upgrades

As part of the procurement, OSP-FSD will trade-in two (2) of its existing BioSample Punch Instruments.

b. Background:

OSP-FSD provides the public with scientific, technical, and investigative support to the criminal justice system through a variety of scientific disciplines and areas of expertise including:

Biology Processing

Controlled Substances

Crime Scene / Field Investigations

DNA Analysis

Firearms / Toolmarks

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Latent Prints

Toxicology

Trace Evidence

Of specific interest for this request is the Crime Scene / Field Investigations discipline. This statewide discipline assists Oregon agencies with on-scene documentation, recognition, collection and preservation of evidence services, which can then be scientifically analyzed, interpreted, and reconstructed at any of FSD’s five (5) forensic laboratories.

Sample collection and processing are important steps in the legal investigation process. Collection of different samples (e.g., dried blood, saliva buccal, urine, feces, tissue, hair follicles) on sample collection cards are proven methods for use in forensic biology. OSP-FSD currently owns and utilizes two (2) BSD600 Duet punch instruments for this purpose, which are over ten years old and will soon reach end of life. BSD has announced the discontinuation of service and support for the Duet series of biological sample punch instruments effective January 1, 2025. The BSD600 Ascent is the latest generation of BSD600 series punch instruments for automation of sample preparation in forensic DNA and molecular biology laboratories. Specifically, this computer-controlled Instrument is used to punch dried biosamples into microtiter plates (a flat plate with multiple "wells" used as small test tubes) for subsequent downstream analysis for biochemical or molecular assays (tests).

In fiscal year 2020, OSP was awarded grant funding through the DNA Capacity Enhancement for Backlog Reduction (“CEBR”) Program, which is administered by the U.S. Department of Justice, Bureau of Justice Assistance. The CEBR Program increases the number of forensic DNA and DNA database samples processed for entry into the Federal Bureau of Investigation’s (“FBI’s”) Combined DNA Index System (“CODIS”) by providing funding for State and local government laboratories to process more DNA samples. The intent of CEBR grant funding is to reduce the number of forensic DNA and DNA database samples awaiting analysis and/or prevent a backlog of forensic and database DNA samples. OSP-FSD has earmarked $130,000 of CEBR grant funds to procure two (2) new BSD Ascent BioSample Punch Instruments.

OSP-FSD has conducted market research and determined that there are two other punch instruments currently in the market that perform similar functions as the BSD600 Ascent. However, both have been eliminated as potential options for FSD’s laboratories for reasons detailed below.

1. Copan CPA 200: this semi-automated punch instrument is a product offering of ThermoFisher Scientific.

The Copan CPA 200 has 4 punch sizes and can only punch one sample at a time whereas the BSD600 Ascent A2 has 10 punch sizes with the unique ability to punch up to seven (7) samples at a time.

The largest punch size offered by the BSD600 Ascent A2, which is not available on the Copan CPA 200, enables the lab to machine punch samples that otherwise would require a less accurate hand sampling, which is time consuming and could potentially damage or destroy the sampling area.

The BSD600 Ascent A2 has three ways for punch activation:1) footswitch; 2) auto-trigger; and

3) software control screen. The only way to punch on the Copan CPA 200 is via a push button while holding the Flinders Technology Associates (“FTA”) card sample to be punched in the other hand.

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FSD’s laboratory space designated for databasing analysis is quite small, and there is no room for expansion. The BSD600 Ascent A2 is smaller at 20.28”W x 23”D x 16.73”H and about 55lbs whereas the Copan CPA 200 is 21.5” W x 24” D x 26.6’H and an estimated 187lbs. The smaller size and weight allows for more flexibility in where the punch instruments can be placed in the lab.

2. easyPunch STARlet: this fully automated FTA card punching instrument is a product offering of Hamilton Company.

This instrument is not compatible with the FTA cards that OSP-FSD currently uses to collect convicted offender DNA samples.

OSP currently has well over 268,000 convicted offender DNA samples on like sized FTA cards that are not compatible to the sizes utilized by Hamilton’s easyPunch STARlet. The DNA samples already collected and contained on the FTA sample cards may need to be sampled or need additional sampling at a later date.

c. Current Need:

OSP FSD has need to replace its two (2) aging BSD Duet Punch Instruments with the new generation BSD600 Ascent A2 BioSample Punch Instruments. Ensuring compatibility of FSD laboratory equipment is important to:

maintaining accreditation of FSD laboratories;

leveraging existing staff knowledge of – and training on – BSD600 series punch instruments; and uninterrupted conduct of forensic laboratory biosample activities.

The procurement must be completed before the CEBR grant funds expire on September 30, 2023.

FSD’s laboratory validation process must be completed before December 31, 2024.

Table 10.C below reflects the estimated costs for the two (2) new BSD600 Ascent A2 BioSample Punch Instruments and related-Services, which includes trade-in of the existing, antiquated BSD600 Duet instruments.

TABLE 10.C

Equipment Quantity Estimated Cost

BSD600 Ascent A2 BioSample Punch Instrument – Includes 12 months of parts, technical support, and software upgrades

2 $100,000

BSD600 Robotics Duet, Series 1 Model A Trade In 2 ($3,000)

12-Month Service Contract – Bronze

Note: First 12 month period – Services covered under warranty. Second 12 month period – Services covered under the Service Contract.

9 $60,000

Freight 1 $3,700

Total: $160,700

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d. Proposed Contracting Procedure:

1. As required by Oregon Administrative Rule (“OAR”) 125-247-0287, DAS PS will issue a public Notice (“Notice”) regarding approval of this SP Request on the OregonBuys eProcurement system for a period of seven (7) calendar days.

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

3. DAS PS, working with OSP-FSD, will respond to and resolve all protests, if any.

4. If no protests to this approved SP are received and sustained, DAS PS will proceed with directly negotiating and issued the Contract as set out in Section 10.a above.

5. DAS PS will work with EIS and obtain its endorsement prior to executing the Contract, if required.

6. Pursuant to OAR 137-045-0015, DAS PS will work with Oregon Department of Justice (“DOJ”) and obtain its legal sufficiency approval prior to executing the Contract, as required.

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

BSD is the sole manufacturer and provider of the BSD600 Ascent series of biological-sample punching instruments as confirmed by BSD in the attached “SP_Attachment-1”.

Only those products procured from BSD and serviced by BSD trained personnel, will hold all valid accompanying warranties and manufacturer guarantees (see SP_Attachment-1).

The only procurement methods available through which a contract can be directly negotiate with and issued to BSD are 1) Sole Source Procurement, and 2) Special Procurement.

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:

OSP-FSD’s requirements and specifications for the punch instruments, training, warranties, and trade-ins can only be fully met by BSD. Additionally, replacing the BSD Duet model punches, which have already been validated, with the next generation BSD Ascent A2 model punches will support an expeditious validation process and maintain current laboratory accreditation.

BSD Robotics is the sole manufacturer and distributer of the BSD600 Ascent series punching instruments and related Services (see SP_Attachment-1).

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:

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Forensic laboratories nationwide have been faced with continuously rising numbers of samples to be processed and doing more with less in terms of resources. Oregon is no exception. One way to manage this cumbersome workload is through automated sample punching. The current BSD600 Duet punch instruments deployed in OSP’s Forensic Services Division have been utilized for many years. OSP-FSD staff have received vast training on the instrument’s functionality. Updating to the newest generation BSD600 Ascent A2 punch will:

leverage existing staff training and knowledge.

enable uninterrupted sample processing.

support clearing back logs.

support uploading profiles into CODIS soonest.

preserve the 268,000+ convicted offender DNA samples collected on FTA cards that are compatible with BSD600 series punches should additional analyses of these FTA cards be required in the future.

The procurement contemplated in this SP Request substantially supports OSP-FSD’s forensic activities and promotes the public’s interest.

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: _______________________________ 6/14/2022______ Type Name: Sharon Domaschofsky 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 ORPIN. 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.

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

APPROVED:

Kelly Mix, State Chief Procurement Officer, Date Department of Administrative Services

BSD Robotics Pty Ltd

ABN 23 074 316 500

11 Aldinga Street, Brendale, Qld, 4500, Australia Tel +617 3881 1834 www.bsdrobotics.com

13 MAY 2022

ATTN: Oregon State Police

BSD Robotics PTY LTD is the exclusive manufacturer and provider of the BSD600 Ascent series of biological-sample punching instruments. Only those products purchased through BSD Robotics manufacturing and serviced by BSD Robotics trained personnel, will hold valid all accompanying warranties and manufacturer guarantees.

V/R

Thomas Hansen Business Development Manager BSD Robotics +1 703 424-0642 Thomas.h@bsdrobotics.com

SP_Attachment-1

REQ-DASOBO-00025220