SS PC237245 Justification.pdf

Department of Enterprise Services – C&P Page 1 of 5 June 2024

Sole Source CONTRACT Filing

Justification Template

Use the following justification template for preparing to file sole source contracts in the Sole Source

Contracts Database (SSCD). Once completed, copy and paste the answers into the corresponding SSCD question and answer fields. You will also need to include a copy of this completed form in the documents you post to your agency website and in WEBS.

What is a sole source contract?

"Sole source" means a contractor providing goods or services of such a unique nature or sole availability that the contractor is clearly and justifiably the only practicable source to provide the goods or services. (RCW

39.26.010)

Unique qualifications or services are those which are highly specialized or one-of-a-kind.

Other factors which may be considered include past performance, cost-effectiveness (learning curve), and/or follow-up nature of the required goods and/or services. Past performance alone does not provide adequate justification for a sole source contract. Time constraints may be considered as a contributing factor in a sole source justification, however will not be on its own a sufficient justification.

Why is a sole source justification required?

The State of Washington, by policy and law, believes competition is the best strategy to obtain the best value for the goods and services it purchases, and to ensure that all interested vendors have a fair and transparent opportunity to sell goods and services to the state.

A sole source contract does not benefit from competition. Thus the state, through RCW 39.26.010, has determined it is important to evaluate whether the conditions, costs and risks related to the proposal of a sole source contract truly outweigh forgoing the benefits of a competitive contract.

Providing compelling answers to the following questions will facilitate DES’ evaluation.

Specific Problem or Need

• What is the business need or problem that requires this contract?

The ID STARlet robotic system is needed for automated sample/liquid handling during Forensic DNA analysis to accommodate and upgrade forensic DNA testing processing https://sscd.des.wa.gov/Logon/Logon.aspx?ReturnUrl=%2f https://sscd.des.wa.gov/Logon/Logon.aspx?ReturnUrl=%2f https://pr-webs-customer.des.wa.gov/

Department of Enterprise Services – C&P Page 2 of 5 capacity in the Vancouver and Spokane Crime Laboratories. This purchase is funded by federal DNA Backlog Reduction grant awards.

Sole Source Criteria

• Describe the unique features, qualifications, abilities or expertise of the contractor proposed for this sole source contract.

It is necessary to contract non-competitively with Hamilton to provide laboratory instruments that are compatible with existing and validated casework applications. The existing automation platform for DNA testing services that can accommodate a large batch size provided by the Washington State Patrol Crime Laboratory Division is exclusively done on the Hamilton STARlet instrument. This instrument has undergone extensive in-house validation testing following the Scientific Working Group on DNA Analysis Methodology (SWGDAM) guidelines. No other manufacturer has the WSP’s validation- compatible automated instruments of this size. The DNA Functional area undergoes yearly accreditation inspections to meet national standards and must use validated instruments to maintain accreditation.

• What kind of market research did the agency conduct to conclude that alternative sources were inappropriate or unavailable? Provide a narrative description of the agency’s due diligence in determining the basis for the sole source contract, including methods used by the agency to conduct a review of available sources. Use DES’ Market

Research Template if assistance is needed.

A general web search was done for ID STARlet vendors and no other vendor other than Hamilton manufactures and distributes this instrument. No other instruments are compatible with the existing liquid handling programming for this amount of samples currently used in the WSP Crime Laboratory (WSPCL).

• As part of the market research requirements, include a list of statewide contracts reviewed and/or businesses contacted, date of contact, method of contact (telephone, mail, e-mail, other), and documentation demonstrating an explanation of why those businesses could not or would not, under any circumstances, perform the contract; or an explanation of why the agency has determined that no businesses other than the prospective contractor can perform the contract.

N/A-no other vendors sell this instrument. Hamilton is the only manufacturer and distributor of this instrument.

Department of Enterprise Services – C&P Page 3 of 5

• Per the Supplier Diversity Policy, DES-090-06: was this purchase included in the agency’s forecasted needs report?

• Describe what targeted industry outreach was completed to locate small and/or veteran-owned businesses to meet the agency’s need?

N/A-no other vendors sell this instrument. Hamilton is the only manufacturer and distributor of this instrument.

• What considerations were given to unbundling the goods and/or services in this contract, which would provide opportunities for Washington small, diverse, and/or veteran-owned businesses. Provide a summary of your agency’s unbundling analysis for this contract.

There isn’t a small business that manufactures or distributes the ID STARlet liquid handling robotic system.

Hamilton is the only manufacturer and distributor of this instrument.

• Provide a detailed and compelling description that includes quantification of the costs and risks mitigated by contracting with this contractor (i.e. learning curve, follow-up nature).

Using non-authorized resellers of any refurbished instruments, should they exist, would risk the agency in unreliable equipment that could not be covered by Hamilton maintenance agreements. Other DNA liquid handling systems of this size would not be compatible and have not been validated by the WSPCL. Extensive costs associated with having non-compatible instruments are avoided by purchasing the ID STARlet instruments.

• Is the agency proposing this sole source contract because of special circumstances such as confidential investigations, copyright restrictions, etc.? If so, please describe.

No.

• Is the agency proposing this sole source contract because of unavoidable, critical time delays or issues that prevented the agency from completing this acquisition using a competitive process? If so, please describe. For example, if time constraints are applicable, identify when the agency was on notice of the need for the goods and/or service, the entity

Department of Enterprise Services – C&P Page 4 of 5 that imposed the constraints, explain the authority of that entity to impose them, and provide the timelines within which work must be accomplished.

No.

• What are the consequences of not having this sole source filing approved? Describe in detail the impact to the agency and to services it provides if this sole source filing is not approved.

If the purchase of the 3 ID STARlet instruments was not approved, the WSP CLD would not be able to efficiently process the DNA samples in the regional crime laboratories and address each laboratory’s backlog. These newer instruments are intended to replace two of the WSPCL’s Hamilton instruments that are no longer operational in Vancouver, as well as enhance the capacity with larger automation in the Spokane Laboratory.

Additionally, grant money was specifically set aside for the purchase of these instruments and that money would be lost if it were not spent on this procurement. There isn’t another option as these are instruments are already in use at the WSPCL.

Sole Source Posting

• Sole Source Posting on Agency Website - Provide the date in which the sole source posting, the draft contract, and a copy of the Sole Source Contract Justification Template were published on your agency’s website.

- If failed to post, please explain why.

• Provide the date in which the sole source posting, the draft contract, and a copy of the

Sole Source Contract Justification Template were published in WEBS.

- If failed to post, please explain why.

• Were responses received to the sole source posting in WEBS?

- If one or more responses are received, list name of entities responding and explain how the agency concluded the contract is appropriate for sole source award.

Department of Enterprise Services – C&P Page 5 of 5

Reasonableness of Cost

• Since competition was not used as the means for procurement, how did the agency conclude that the costs, fees, or rates negotiated are fair and reasonable? Please make a comparison with comparable contracts, use the results of a market survey, or employ some other appropriate means calculated to make such a determination.

The cost of each ID STARlet instrument is an approved budget expenditure for this procurement under BJA DNA Backlog Reduction Grant awards, 15PBJA-22-GG-01729- DNAX and 15PBJA-23-GG-01376-DNAX.

The ID STARlet, last purchased by the WSPCL in 2019 was of similar cost, indicating that the current pricing is reasonable and fair.