SP_REQ-DASOBO-00026701_Leica 3D Scanner_OSP_Approved.pdf

SP_REQ-DASOBO-00026701, Leica RTC360 3D Scanners Page 1 of 7

REQUEST FOR SPECIAL PROCUREMENT No. REQ-DASOBO-00026701

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”), Forensic Services Division (“FSD”)

2. Date of Request: July 19, 2022 3. Agency Number: 25700

4. Agency Contact Name: Debbie Davis 5. Phone: 971-770-1100

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: $846,000

9. Title: Supplies and/or Services to be Acquired: Leica RTC360 Laser Scanners, Hardware, Software, Supplies and Services – including:

a. Scanners & Software: (5) RTC360 Laser Scanners and related-Software

b. Hardware: (5) Computers with processing and memory capacity to process scan data

c. Supplies: including but not limited to -carrying case A/C adapter batteries NIST certified target

d. Services: including but not limited to - 24/7 Hardware maintenance and technology support services package for Scanners and Hardware

(Computers) Hardware and Software training – delivered in-person, onsite at OSP-FSD facilities

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

a. Request:

DAS PS on behalf of OSP-FSD requests approval of this Special Procurement (“SP”) Request #REQ- DASOBO-00026701 to directly negotiate and issue a contract (the “Contract”) to Collision Forensic Solutions, LLC (“CFS” or “Contractor”) for the Supplies and Services set out in Section 9 above and within the not-to-exceed amount of $846,000 (requested in Section 8) and the 10-year term (requested in Section 7).

b. Background:

OSP’s FSD serves the public with scientific, technical, and investigative support to the criminal justice system through a variety of scientific disciplines and areas of expertise. Of specific interest related to this SP Request is the field investigation and crime scene discipline. This statewide program assists Oregon agencies with on-scene documentation, recognition, collection and preservation of evidence services, SP_REQ-DASOBO-00026701, Leica RTC360 3D Scanners Page 2 of 7 which can then be scientifically analyzed, interpreted, and reconstructed at any of FSD’s five (5) forensic laboratories.

During the 2022 legislative session, OSP’s Policy Option Package (“POP”) was approved. The POP includes $576,000 dollars for procurement of scanning equipment and software to be utilized by the crime scene discipline. The legislature’s approval is conditioned on the procurement being conducted – and the related funds being expended – in the 2021-2023 biennium.

3D scanning equipment is not a novel technology nor is it specific to forensic science or law enforcement.

This product has a wide range of uses within a variety of fields (e.g., engineering, architecture, art/design), which provides for a variety of makes, models, and capabilities. For the product to be applicable to - and useful for – forensics, it must:

1. comply with FSD laboratory accreditation standards. FSD is accredited by the following entities:

American National Standards Institute (“ANSI”) National Accreditation Board (“ANAB”) to the ISO 170925:2017 standards and to ANAB 3125 standards.

FBI Quality Assurance Standards for the forensic DNA testing laboratories and for DNA databasing laboratories.

The accreditation standards cover all aspects of FSD’s training, procurement processes, supplies and equipment, personnel, analytical methods, facilities, reports and so on.

2. produce data and information that is admissible in the court system.

For these reasons, FSD specifically requests the Leica Geosystems (“Leica”) product given its successful history with court admissibility both on a local and national level. Specifically, the Leica RTC360 3D scanner has the scanning capabilities and precision of measurement needed for FSD analyses.

Lecia RTC360 Scanner & Software

The Lecia RTC360 Laser Scanner Package available from CFS includes the following unique features, capabilities, and services that FSD needs:

Scanner: Exceptional productivity – Ability to complete a full dome (360-degrees) scan in 26 seconds and imaging in 1 minute. No other scanner in the market can complete a full dome and imaging in 1 minute and 26 seconds without the use of third party resources.

Scanner: 3D position accuracy of 2.9 mm @ 30m. Other laser scanners cannot perform at the same level of accuracy.

Scanner: Hot swappable batteries for continuous operation. There are only two (2) scanners in the market that have this capability; Lecia and “Z+F” (Zoller & Fröhlich). However, Z+F cannot provide the other the features, capabilities and services listed in this section.

Scanner: Visual Intertial System (“VIS”) is an edge computing system inside the scanner that combines a compass, GPS signal receiver, inertial movement sensing, altimeter, and video triangulation for a robust self-positioning of the instrument. Lecia is the only manufacturer with this technology, which is patented.

Scanner: Double scan function for automated removal of measurements taken from objects in motion. This feature is proprietary to Leica. No other scanner in the market has this capability.

Software: Cyclone REGISTER 360 is the processing software for the data that comes out of the scanner. It registers and geo-references laser scan data to a common coordinate system. Cyclone REGISTER 360 has automated noise and data cleaning features, which no other scanner can match at the

SP_REQ-DASOBO-00026701, Leica RTC360 3D Scanners Page 3 of 7 same speed. Other scanners employ a manual process, which could take several hours depending on the scale of the crime/accident scene. Cyclone REGISTER 360 automated cleaning tools (software) are proprietary to Lecia.

Software: Ability to import and incorporate raw 3D data from other vendors’ laser scanners or geospatial devices without file format conversion. No other scanner manufacturer can do this. This ability is unique to Leica.

CFS Training & Services

Due to the nature of OSP work, which rarely falls within normal business hours, it is imperative that the entity providing the scanning equipment and software also provide customer service and technical support with 24/7 availability. CFS is a Lecia Platinum Business Partner and the only Partner that can provide the total package; scanner hardware, software, support, and certified training.

Training: Training from CFS that is suitable for certification hours under the Accreditation Commission of Traffic Accident Reconstructionist (“ACTAR”) and the International Association for Identification (“IAI”). CFS develops and submits its curriculum for approval to both ACTAR and IAI prior to implementing it. To CFS’ knowledge, there is no other entity that follows the same process and can satisfy both of these accreditations.

Training: Public safety scenario-based training with forensic specific workflows designed to increase the probative nature of the RTC360 data, improve efficiency, and insure the admissibility of the scanner operator’s work.

o Training covers crime scene investigation, bloodstain pattern analysis, bullet trajectory analysis, scene/event reconstruction, and court testimony.

o CFS employs a full staff of active and retired Public Safety professionals with certified credentials in the fields of Crash Reconstruction, Crime Scene Investigation, and Forensic Video Analysis.

o CFS trainers are certified by the International Association for Forensic and Security Metrology (“IAFSM”) with Laser Scanner Operator Certifications.

o CFS training is accepted for certification by ACTAR, IAI, and the Law Enforcement and Emergency Services Video Association (“LEVA”). These are the pre-eminent professional associations for Crash Reconstructionists, Crime Scene Investigators, Forensic Analysts, and Forensic Video Analysts.

Support: 24-hour support services from CFS subject matter experts at any hour of the day, 7-days per week, for the life of the equipment provided the equipment was procured from CFS, is operational, and equipment training was provided by CFS.

Compatibility

OSP’s Collision Reconstruction Unit recently procured a Leica RTC360 scanner from CFS. Having redundant (like) scanning instruments within the agency creates multiple efficiencies and cost savings such as:

supporting group education and training opportunities;

collaboration during major events when multiple scanners are required to interface; and seamless coverage of equipment during maintenance and annual calibration certification to preempt down-time or leave any given FSD team without scanning equipment.

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c. Current Need:

The Oregon Legislature approved OSP’s 2022 POP, which includes new Scanners for its FSD. The legislature’s approval is conditioned on the procurement being conducted – and the related funds being expended – in the 2021-2023 biennium. Table 10.c.1 below demonstrates OSP’s best estimates for the Scanners, Hardware, Software, Supplies, and Services set out in Section 9 (above) over the 10-year time period requested in this SP Request.

TABLE 10.c.1

Equipment Quantity Unit Cost Extended Cost

Leica RTC360 5 $80,000 $400,000

- Additional Equipment 5 $6,000 $30,000

- Software 5 Included in cost of RTC360 Included in Scanner

- Target(s) 5 $4,000 $20,000 Computer for data processing 5 $6,000 $30,000 Training Data Collection (in-person) 2 $11,000 $33,000 Training Data Processing (in-person) 2 $11,000 $33,000

Equipment Maintenance Package Note: OSP will secure additional funding for Equipment Maintenance Package renewal Years 2 - 9

5 $30,000 $300,000 ($30,000 annually x 10 years)

Total Estimated 10-Year Cost: $846,000

d. Proposed Contracting Procedure:

1. As required by Oregon Administrative Rule (“OAR”) 125-247-0287, DAS PS will issue a public notice (“Notice”) of the approved SP Request 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 this SP Request.

3. DAS PS, working with OSP, will respond to and resolve all protest(s), if any.

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

5. DAS PS and OSP will work with DAS Enterprise Information Services (“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 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.

Time is of the essence. OSP’s 2022 POP requesting funds for new forensic scanning equipment and software was approved by the legislature with the condition that the procurement be conducted – and the related funds expended – in the 2021-2023 biennium (i.e., by June 30, 2023).

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The Leica RTC360 is the only scanner that fully meets the needs and requirements of OSP-FSD including:

o compliance with FSD’s current laboratory accreditations o production of data and information that is admissible in local and national court systems o Full dome scans in 26 seconds and imaging in 1 minute o 3D position accuracy of 2.9 mm @ 30m o VIS technology – patented by Leica o Double scan function – proprietary to Leica o Cyclone REGISTER 360 software – proprietary to Leica o Raw data import without file format conversion

Leica is the sole manufacturer of the RTC360 scanner.

CFS is the only Leica Business Partner that can provide the total package; Scanners, Hardware, Software, Supplies and Services, including certified training.

o Only Incident Mapping Suite (“IMS”) certified instructors can deliver Leica IMS certified training materials to students.

o The Leica Geosystems IMS team of certified trainers includes three (3) CFS employees (https://leica-geosystems.com/en-us/products/laser-scanners/software/ims/training/meet-the-trainers).

Compatibility: OSP’s Collision Reconstruction Unit has an existing Leica RTC360 scanner.

Compatibility between this existing scanner and the anticipated five (5) new scanners is essential to OSP’s business functions.

o CFS RTC360 Group trainings can be provided collectively to multiple FSD Units and staff.

o Various FSD Units can collaborate during major events when multiple scanners are required to interface.

o Seamless coverage of compatible scanning equipment during scheduled maintenance periods, just-in-time repairs, and annual calibration certification activities will ensure uninterrupted business continuity for all FSD Units, leaving no FSD team without scanning equipment.

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 Leica RTC360 is the only scanner that can fully meet OSP-FSD requirements.

No other scanners in the market have VIS technology, double scan function, or Cyclone REGISTER 360 software, all of which are patented or otherwise proprietary to Leica.

Leica is the sole manufacturer of the RTC360 scanner.

CFS is the only Leica Business Partner that can provide the total package; Scanners, Hardware, Software, Supplies and Services, including certified training.

The compatibility findings of fact detailed in this SP Request are in line with OAR 125-247- 0275(2)(a), which provides in part “compatibility may be implicated when: Supplies are required to directly interface with or attach to equipment of the same manufacturer and no other manufacturer’s

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Supplies will correctly interface with existing equipment; or when Services such as maintenance, warranty, project management, or systems integration are required to interface or integrate with existing Supplies and Services.”

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-FSD conducts analyses of physical locations or objects suspected to be involved in a crime. Analyses may include recognition, documentation, collection and preservation of evidence and/or performing scientific analysis, interpretation, and reconstruction. Use of 3D scanners are increasingly being deployed by Public Safety agencies, including OSP-FSD, to produce accurate data and information (e.g., detailed visualizations of crime scenes and crach scences) that is admissible in the court system. In accordance with ORS 181A.145 and ORS 181A.150, FSD assists local criminal justice agencies with its expert in the investigation and resolution of crimes and criminal activity.

The RTC360 reality capture solution is the world’s fastest laser scanner. Crime scenes and crash scenes can be:

1. captured in less than two minutes

2. pre-registered at the scene and displayed in real-time, allowing users to quickly conduct on-site quality control checks of the scans

3. double scanned, automatically removing the noise usually generated by moving people and vehicles through a scene

4. quickly post-processed in the office with Leica Cyclone REGISTER 360 software

The procurement contemplated in this SP Request supports the public safety interests of OSP and its FSD investigators, Oregon criminal justice agencies, crime victims, and the public.

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 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