SP REQ-DASOBO-00032425_Amd-1_BSD Biosample Punches_OSP_Approved.pdf

SP_REQ-DASOBO-00032425, Amd-1_BSD600 Ascent A2 BioSample Punches Page 1 of 4 (formerly REQ-DASOBO-00025220)

REQUEST FOR SPECIAL PROCUREMENT

REQ-DASOBO-00032425

AMENDMENT NO. 1

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: 12/08/2022 3. Agency Number: 10700

4. Agency Contact Name: Nathan C. Ramos 5. Phone: (971) 707-0016

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

7. Amendment Time Period Requested: From: January 9, 2023 To: January 31, 2032

8. Total Estimated Cost for Amendment Time Period: $20,526.00

Note: The original Special Procurement (“SP”) (REQ-DASOBO-00025220) approved a Total Estimated Cost of $160,700.00. With approval of this SP Amendment #1 Request, the amended Total Estimated Cost will be $181,226.00.

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

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

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

a. Amendment Request:

DAS PS on behalf of OSP, seeks approval of this SP No. REQ-DASOBO-00032425 (formerly REQ-DASOBO- 00025220), Amendment No. 1 Request to:

1. Increase the SP Total Estimated Cost an additional $20,526.00

2. Update the SP Requested Time Period from October 1, 2022 through October 31, 2032 to January 1, 2023 thru January 31, 2032.

b. Background:

OSP’s Forensic Services Division (“FSD”) currently owns and utilizes two (2) BSD600 Duet punch instruments for sample collection and processing, which will soon reach end of life.

OSP-FSD conducted market research and determined that its requirements and specifications for new (replacement) punch instruments, training, warranties, and trade-in of the two (2) legacy punches can only be fully met by BSD Robotics Pty Ltd (“BSD”).

DAS PS, on behalf of OSP-FSD, submitted SP REQ-DASOBO-00025220, attached hereto as “SP_Attachment-1”, requesting the ability to procure (2) BSD600 Ascent A2 punch instruments and 10-years of related-Services directly from BSD, which the State Chief Procurement Officer (“CPO”) approved October 25, 2022.

For additional historical and background information see SP_Attachment-1

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c. Current Need

Shortly after the original SP was approved, a mathematical error was discovered in the Total Estimated Cost requested. An additional $20,526 is necessary to enable a full 10-years of punch instruments Services.

Table 10.C below reflects the updated 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 - Updated Equipment Quantity Estimated Cost Per

Item Total Estimated

Cost BSD600 Ascent A2 BioSample Punch Instrument-Including 12 months of parts, technical support, and software upgrades.

2 $49,920.00 $99,840.00

6001A-XXXX-TRADE- BSD600 Duet, Series 1 Model A, TRADE IN 2 ($1,500.00) ($3,000.00)

Additional Charges (Services)

Years Price Per Year Maximum NTE Compensation

BSD-SERVCON-12M-US-BRONZE 1ST

Years 1-3 (Effective 1 year after warranty start date)

$4,060.00 $24,360.00

BSD-SERVCON-12M-US-BRONZE-1ST Years 4-6 $4,304.00 $25,824.00

BSD-SERVCON-12M-US-BRONZE-1ST Years 7-9 $4,562.00 $27,372.00 Additional Charges (Freight & Duties)

Quantity Price Per Shipment Maximum NTE Compensation

Freight on Sales 1 $4,230.00 $4,230.00

Duties & Taxes 1 $2,600.00 $2,600.00

TOTAL ESTIMATED COSTS: $181,226.00

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 Amendment 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 Amendment are received and sustained, DAS PS will proceed with directly negotiating and issuing the Contract as set out in this SP Amendment and SP_Attachment-1, Section 10.a .

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.

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

In the interest of transparency, the purpose of this SP Amendment Request is to ‘true up’ the Total Estimated Cost OSP-FSD expects to compensate BSD for the (2) BSD600 Ascent series biological-sample punching instruments and 10-years of related-Services.

The same justification statements detailed in SP_Attachment-1 still apply

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:

BSD Robotics is the sole manufacturer and distributer of the BSD600 Ascent series punching instruments and related Services.

The same facts and findings detailed in SP_Attachment-1 still apply 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 provides timely and accurate scientific, technical and investigative support to the criminal justice system.

• OSP-FDS’s scientific examination and analysis provides information that assists criminal justice partners in solving crimes and protecting the resources and safety of the people of Oregon.

• OSP-FSD’s analysis also increases the probability of the prompt apprehension and conviction of the guilty and similarly prompt protection of the innocent.

• As the premier sample punching instrument at the time of release and having a decades long history as the industry gold-standard, BSD has announced that technology changes coupled with parts availability and software compatibility make future support of the BSD600 Duet Biological Sample Punch Instrument unsustainable.

• OSP-FSD has two (2) legacy BSD600 Duet punches that will soon no longer be supported. OSP-FSD seeks the ability to replace the Duet punches with (2) BSD Ascent A2 punches; the next in line in the BSD600 series instruments.

The same facts and findings detailed in SP_Attachment-1 still apply

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:

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

d. Proposed Contracting Procedure: