SP-BND_10700-98042_CerberusPyrotronicsSuppliesSvcs_EAM_Approved.pdf

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CLASS SPECIAL PROCUREMENT AND BRAND NAME DETERMINATION

SPECIAL REQUEST NO. 10700-98042

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

1. Requesting Agency Name: Department of Administrative Services, State Procurement Services (“DAS SPS”), on behalf of DAS Enterprise Asset Management (“DAS EAM”)

2. Date of Request: October 11, 2024 3. Agency Number: 10700

4. Agency Contact Name: Vickie Tipton 5. Phone: 971-349-2399

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

7. Time Period Requested: From: March 1, 2025 To: February 28, 2030

8. Total Estimated Cost: $300,000

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

Cerberus Pyrotronics Fire Alarm System and Detection Controls Supplies and Services as follows:

Brand

• Cerberus Pyrotronics

Supplies

• Equipment (i.e., hardware)

• Maintenance, Repair, and Spare Parts and Components

Services

• Maintenance Services

• Repair Services

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

a. Request:

This Special Request #10700-98042 combines two requests and subsequent approvals into a single form:

• A Special Procurement (the “SP”) under Oregon Revised Statute (“ORS”) 279B.085 and Oregon Administrative Rule (“OAR”) 125-247-0287.

• A Brand Name Determination (the “BND”) under ORS 279B.215 and OAR 125-247-0691.

Special Procurement Request: The SP component of this Special Request seeks the following approvals:

1. Approval for DAS EAM to conduct multiple procurements of Brand-specific Cerberus Pyrotronics

Supplies and Services listed in section 9 above, in accordance with the Proposed Contracting Procedure set out in section 10.d below.

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2. Approval for DAS SPS to conduct multiple procurements of Brand-specific Cerberus Pyrotronics Supplies and Services listed in section 9 above, in accordance with the Proposed Contracting Procedure set out in section 10.d below.

Brand Name Determination Request: The BND component of this Special Request seeks approval for the Cerberus Pyrotronics product line, establishing it as the required quality, performance, and functionality standards for the Fire Alarm Systems and Detection Controls Supplies and Services listed in Section 9 above.

b. Background:

DAS EAM, through its Operations and Maintenance Program (“O&M”), provides the following installation, maintenance, and repair services to 44 DAS-owned buildings and 9 ‘other agency’-owned buildings (collectively “the Facilities”):

• HVAC Systems

• Electrical – including fire detection / alarm systems

• Carpentry

• Painting

• Signage

• Plumbing

• Custodial

• Landscaping

The Facilities are occupied by 69 agencies and include general government offices, forensic crime and health labs, computer data centers, printing operations, and the Governor’s residence, Mahonia Hall.

Consistency of systems and equipment (e.g., fire detection systems) across the Facilities is necessary for DAS EAM to maximize efficiencies (i.e., achieve maximum productivity with minimum wasted effort or expense).

In its management of the Facilities, DAS EAM must comply with Oregon’s Public Contracting Code, which consists of three chapters in the Oregon Revised Statutes (“ORS”):

• ORS 279A, Public Contracting – General Provisions, which sets out policy for all contracting activities.

• ORS 279B, Public Contracting – Public Procurements, which sets out the laws for procurements of goods and services.

• ORS 279C, Public Contracting – Public Improvements and Related Contracts, which sets out the laws for construction, architectural, engineering, photogrammetric mapping, transportation planning, land surveying services, and related services procurements.

o ORS 279A.010(cc) defines “Public Improvement” as “a project for construction, reconstruction or major renovation on real property by or for a contracting agency.”

o ORS 279A.010(cc)(B) provides that “Public Improvement” does not include emergency work, minor alteration, ordinary repair or maintenance necessary to preserve a public improvement. For these types of procurements, state agencies are subject to the public procurement laws set forth in ORS Chapter 279B.

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Procurement History

On March 1, 2005, in accordance with the exemption requirements and processes set out in ORS Chapter 279C and related Oregon Administrative Rules (“OARs”), DAS State Procurement Office (“SPO”) (now DAS SPS) granted DAS EAM a Cerberus Pyrotronics brand name Exemption Order for its public improvement procurements of fire alarm and detection systems. The brand name Exemption Order applied to all DAS-owned or maintained buildings with existing Cerberus Pyrotronics products installed.

In May of 2000, SPO approved Special Procurement 007-0305, which enabled DAS EAM’s brand-specific procurement of Cerberus Pyrotronics alarms, equipment, and parts in accordance with ORS Chapter 279B and OAR 125-247-0200, Sourcing Methods.

• Special Procurement 007-0305 was amended on July 10, 2010, and effectively changed the Special Procurement Number to SP-443-10 and extend the expiration date to February 28, 2015.

• Special Procurement No. SP-443-10 was also amended on January 9, 2015, and extended the expiration date to February 28, 2025.

To maximize efficiencies and ensure coherence, DAS EAM has made the business decision to use Cerberus Pyrotronics Supplies and Services in the 44 DAS-owned Facilities. DAS EAM will have ongoing need for the Cerberus Pyrotronics-specific Supplies and Services listed in section 9 above.

c. Current Need:

This Special Request seeks 1) SP approval for an alternate procurement method set out in Section 10.d below and 2) BND approval for Cerberus Pyrotronics Supplies and Services set out in Section 9 above.

Both special requests are for future procurements made under ORS Chapter 279B only. This would include routine maintenance, repair, and DAS EAM onsite inventory parts.

Note: As a separate note of interest, and apart from this Special Request, DAS EAM was recently granted a new Exemption Order (“EO”) #10700-70749 for its Public Improvement and Public Works procurements under ORS Chapter 279C, for the Cerberus Pyrotronics brand. This includes new fire alarm system and detection/control system procurements, entire fire alarm/detection/control system replacements, and substantial upgrades to existing fire alarm/detection/control systems.

The 44 state-owned Facilities managed by DAS EAM currently have Cerberus Pyrotronics Fire Alarm/Detection/Control Supplies installed.

• Routine fire alarm/detection/control systems maintenance is essential because it:

o ensures all components are functioning properly, allowing for early fire detection.

o minimizes the risk of false alarms.

o supports compliance with safety regulations.

o extends the lifespan of the equipment by identifying and addressing potential issues early.

• New construction of DAS-owned buildings, if any, will have Cerberus Pyrotronics equipment installed. Again, DAS EAM will have ongoing need for brand-specific Cerberus Pyrotronics Supplies and Services.

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d. Proposed Contracting Procedure:

(i) Special Procurement Public Notice

1. As required by OAR 125-247-0287, DAS SPS, on behalf of DAS EAM, will issue a public notice (“Notice”) of the approved SP on OregonBuys 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 SPS will respond to and resolve all protest(s), if any.

4. If no protests to this SP are received and sustained, DAS EAM will follow the procurement process set out in section 10.d.(ii) – (iii) below and DAS SPS – on behalf of DAS EAM – will follow the procurement process set out in section 10.d.(ii) below.

(ii) Supplies & Services Procurements

In each instance DAS EAM must use an appropriate procurement method in accordance with DAS rules and its delegation of procurement authority, which could include Direct Award(s) over $25,000. Competition must be sought to the extent available, otherwise a direct award in accordance with this Special Request can be made regardless of any applicable threshold.

(iii) Tracking and Reporting

DAS EAM must track (e.g., Excel spreadsheet) all procurements, including those DAS SPS conducts on its behalf, to ensure that the cumulative total of all procurements does not exceed $300,000 during the 5-year term requested in section 7 above. Information to be tracked for each procurement includes:

a. PO or WOC Number

b. Contractor Name

c. Term of PO or WOC

d. Contract Value

e. Description of Supplies or Services, or both

DAS EAM must submit an Excel report to DAS SPS detailing the above information:

• before pursuing an extension to the Time Period requested in Section 7 (above) through an Amendment to this Special Request.

• upon request of the State Chief Procurement Officer (“CPO”) or delegate.

11. Justification for use of Special Procurement:

A customized procurement method, such as that outlined in section 10.d above, that is different than any procurement method already established in statute can only be requested and approved through a Special Procurement under ORS 279B.085 and OAR 125-247-0287. The findings required by this statute and rule are documented in Section 12 below.

Through this Special Request, DAS EAM also seeks approval of a Cerberus Pyrotronics Brand Name Determination under ORS 279B.215 and OAR 125-247-0691. The findings required by this statute and rule are listed below in this Section 11.

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Both a Special Procurement and a Brand Name Determination require a mandatory 7-day public notice.

Combining the SP and BND into a single Special Request does not bypass or fail to meet this requirement if both are publicly noticed in one advertisement posted on the State’s eProcurement system, OregonBuys.

Brand Name Requirements and Findings

Brand Name or Equal Specification OAR 125-247-0691(2) provides that a brand name Specification may be prepared and used based on one or more of the following determinations:

(a) That use of a brand name Specification is unlikely to encourage favoritism in the awarding of Public Contracts or substantially diminish competition for Public Contracts.

Findings: The Proposed Contracting Procedure detailed in section 10.d(ii) supports competition to the extent available.

(b) That use of a brand name Specification would result in substantial cost savings to Agency.

Findings: DAS buildings have the Cerberus Pyrotronics fire alarm/detection/control systems already installed and operational. Maintaining the existing Cerberus Pyrotronics equipment in the Facilities will extend the lifespan, preserve the initial capital expenditures, which can be quite substantial, and mitigate or avoid costly repairs. Using third-party Supplies and Services may cause compatibility issues, potentially resulting in higher repair costs or even the need for complete system replacement(s).

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

Findings: Cerberus Pyrotronics fire alarm/detection/control systems are manufactured solely by Cerberus Pyrotronics. Replacement, maintenance, repair, and spare parts are available directly from Cerberus Pyrotronics and a number of resellers. There are also several contractors that are approved installers.

(d) That efficient utilization of existing Goods requires the acquisition of compatible Goods or Services.

Findings: Approval of this Brand Name Determination will ensure continuity of fire alarm/detection/control systems in the Facilities, minimizing operational errors and preventing unintentional warranty voids. Interconnecting different brands of fire alarm/detection/control systems is also difficult, time consuming, unreliable, and costly in the areas of installation and maintenance.

12. Findings to Satisfy the Required Standards: This proposed Special Procurement:

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

In addition to the manufacturer, there are several resellers and installers of the Cerberus Pyrotronics brand-specific Supplies and Services set out in section 9 above. Both DAS EAM and DAS SPS will follow the Proposed Contracting Procedure set out in Section 10.d.II above, which closely aligns with Oregon’s Public Contracting Code and related Administrative Rules, and will seek competition to the extent available.

and

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

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(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:

1. It is anticipated that most Cerberus Pyrotronics brand-specific procurements of Supplies and Services will made through Direct Award(s), which may exceed the current $25,000 threshold established in ORS 279B.065 Small procurements.

2. This Special Request promotes transparency in DAS’ procurement processes. With approval, multiple brand-specific procurements of the Supplies and Services listed in Section 9 are expected over the five-year period outlined in Section 7. Approval will also help prevent the appearance of procurement fragmentation, which is prohibited by law.

3. Maintaining Cerberus Pyrotronics fire alarm/detection/control systems in public buildings is important to the State, its employees who staff the buildings, and members of the public conducting business in the buildings. Routine maintenance of these systems utilizing Cerberus Pyrotronics brand-specific Supplies and Services ensures:

• system warranties remain in place.

• systems remain in optimal condition.

• sensitivity and accuracy of fire alarm sensors is maintained, increasing their ability to detect smoke, heat, or flames in the early stages. Early detection can save lives and minimize property damage.

Approval of this Special Request, including the Brand Name Determination, is in the best interests of the State and all Oregonians.

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.

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. 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:

Jay Jackson, Procurement Policy Officer Date Department of Administrative Services

03/14/2025