SOLESOURCE.PDF

Office of Procurement Services

GOODS AND SERVICES
SOLESOURCE FORM

This form is to be used when an agency believes an acquisition is a sole source and the acquisition dollar amount is above
$10,000. The Chief Procurement Officer can approve purchases up to $100,000. Board of Supervisors approval is required if the
acquisition is over $100,000. This form must be submitted for approval to: Office of Procurement Services | 301 W Jefferson
Street Suite 700 | Phoenix, AZ 85003. Fax number: 602.506.6766. The signed form must be retained in the purchasing file.
Unless approved by the Board of Supervisors in a formal agenda item or the Chief Procurement Officer in a formal Contract a SS

form is valid from July 1 thru June 30th of each Fiscal Year.

DEPARTMENT NAMEPBublic Health Lab

DEPARTMENT RX#

Department Contact

Jennifer Dybowski

Contact Phone Number

602-506-6997

PROPOSED CONTRACT VENDOR

NEED IDENTIFIED Date: 03/01 12023

(Company: Biomerieux ne
QUESTED DELIVERY
Address: 400 Randolph St Date: 06/30/2023
City, State: Durham, NC QuoteD PRICE:
Zip/Postal Code: | 27712 $268,548.11
Phone: (800) 682-2666 Accounting String:
Fax:
Contact Name: | Rebecca Katsaras

Material / Service Information

ls this a Technology Procurement?

IV Ives [|e

Needs Statement:
Describe in detail the material or service to be procured and
how only it meets your needs.

The Vitek MS Prime is a mass spectrometry instrument for rapid
identification of Mycobacterium and other bacterial organisms.
Our lab needs the ability to identify strains of Mycobacterium as
part of the TB program being offered by Public Health.

Features/Requirements:

Identify the major features/capabilities that are required. What
unique design/performance feature(s) make this material or
vendor the only one that can meet your requirements? Provide
a brief explanation as to why only these features or this vendor
can meet your requirements. Identify the manufacturer/model
or your existing equipment, service or system if applicable.

We must have an FDA approved methodology for
identifying Mycobacterium species. Our current
system, the Accuprobe, has been discontinued. Mass
spectrometry is the fastest and most accurate method
of identifying mycobacterium and the Vitek MS Prime
is the onlv instrument with FDA annroved

Competing Brands/Vendors Investigated:

Did you consider other materials or vendors with similar
capabilities? Indicate specific competitor's brands/models or
vendors that were investigated and describe why they do not
meet your requirements. You need to state that - to the best of
your knowledge - these are the only companies making this
material, equipment or providing this service. List sales
representatives and thelr phone numbers so the Procurement
Officer can contact them to verify that other materials,
equipment or services do not meet your requirements.

Yes, the Biomerieux Vitek MS Prime is the only mass
spectrometry instrument with FDA approved
Mycobacterial identification. The only other mass
spectrometry instrument available for laboratory
micro organisms, the Brukker Biotyper MALDI-TOF,
does not have FDA approval for Mycobacteria.

THIS PROCURMENT IS A SOLE SOURCE BECAUSE (attach additional page if needed):

This is a sole source because, to my knowledge, this is the only mass spectrometry instrument
that has FDA approved library that includes Mycobacteria.

SEARCH

IMC1-349-A states: Any request by a Using Agency that a Procurement be restricted to one potential Contractor shall be accompanied by
lan explanation as to why no other would be sultable or acceptable to meet the need. The Using Agency requesting sole source
Procurement shall provide written evidence to support a sole source determination. A requirement for a particular proprietary item does
not alone justify a sole source Procurement if there is more than one potential Respondent for that item.

Asearch was conducted consisting of: (check all that apply) RESULTS
[¥ ]Market research [public notice given, list L] no alternatives were identified

Other vendors contacted Other no alternatives were deemed acceptable
L] C because (explain below):

Describe the search from above in detail:

From the market research conducted no other alternatives were deemed acceptable because
there was no other vendor found that offered an FDA approved library of organisms that
includes Mycobacterium.

{ener PRICE A

The estimated cost of this Procurement is: | | _s$a00K IVP $100k

MC1-347 States: The Chief Procurement Officer may make the determination that the sole source method set forth in
MC1-349 shall be used if a Commodity or Service is available from only one vendor, and the purchase is estimated to Cost

no more than $100,000.

Price has been fairly and reasonably established by: LE] Comparison to public sector contract pricing
Comparison to previous comparable purchases Discount off published catalog pricing
from a different vendor L | Market survey
LE] Independent estimate [| Other, explain:
F 5

Describe methodology and results (attach any written supporting data, e.g., survey or market analysis):
Discounted price as reflected on quote.

CONFLICT OF INTEREST STATEMENT

The submitting department agrees that there is no real or potential conflict of interest in recommending this material or
service as a sole source procurement.

NOTE: If a real or potential conflict exists, contact the Procurement Officer listed on your Requisition.

CERTIFICATIONS

| certify:

1) | recognize that the Maricopa County Procurement Code requires the use of competitive solicitations unless
exempted by law. | have reviewed the information and materials relevant to this procurement of goods and services,
and am requesting approval of an exception to the competitive process for the reasons described;

2) the price to be paid to the proposed sole source vendor is fair, reasonable, and provides the best value to Maricopa
County; and

3) this request for an exception to the competitive solicitation process is not the result of inadequate advance planning
or for purposes of securing the services of a preferred vendor.

Agency Head or Appointing Authority Si---*"-"-""_

Max Porter jie 03/21/2023

Printed Name Signat... - Date

Office of Procurement Services
X] Approved. Please send a Requisition to OPS to process.
L] Not Approved. Reasoning:

Kons TINE Dow YF MaceH 28 2027

A
Printed Name Signature WA Date

Email - Save

Attachment to Office of Procurement Services
Goods and Services
Sole Source Form

FOR AND ON BEHALF OF MARICOPA COUNTY

Chairman, Board of Supervisors Date
ATTEST:

Clerk of the Board Date
APPROVED AS TO FORM:

Attorney for Maricopa County Date

a&®

Purchase Agreement

This PURCHASE AGREEMENT (“Agreement”) is effective as of the date of the last signature below (Effective Date”)
by and between BIOMERIEUX, INC., a Missouri Corporation located at 515 Colorow Dr, Salt Lake City, Utah 84108
(“bioMérieux”) and Maricopa Public Health Lab Services located at 1645 East Roosevelt Street, Phoenix, AZ, 85006
(‘Customer’), each a “Party” and collectively the “Parties.”

1. Products Covered. This Agreement covers the Instruments, Consumables, and Services set forth in the attached
Exhibit A (collectively, the "Products’).

2. Contract Effective Date. This offer to enter into this Agreement is valid for thirty (30) days from the date stated
above. This Agreement becomes effective upon issuance of the Purchaser's Purchase Order, and acceptance by
bioMérieux, Inc. (“bioMérieux’).

3. Purchase of Products. Customer agrees to purchase the Products identified on the attached Exhibit A on the
the terms and conditions set forth herein.

4. Integration & Construction. Regardless of whether attached as exhibits, the following are expressly
and made a part of this Agreement by reference: (a) bioMérieux's Terms & Conditions available at

https://www. biomerieux-usa.com/biomerieux-terms-conditions and (b) the Sales Quote. By placing an order,
Customer expressly agrees to the term of this Agreement. All other terms are excluded whether proposed by
Customer or bioMérieux. If there is an inconsistency between any provision of any other document and this
Agreement, the relationship of the parties shall be governed by this Agreement. This Agreement constitutes the
entire agreement of the Parties as to this transaction.

WE HAVE READ AND AGREE TO THE ABOVE, INCLUDING THE BIOMERIEUX TERMS AND CONDITIONS
AVAILABLE AT https://www. biomerieux-usa.com/biomerieux-terms-conditions WHICH ARE HEREBY
IF FULLY STATED HEREIN.

EXHIBIT A
7 SALES QUOTE

100 Rodolphe st. Quote No: OPP-227050v1 Customer No: 1101240

Durham, NC 27712 Quote Date: 3/10/2023 GPO:
800-682-2666 Quote Expiration Date: 4/9/2023 IDN:
Company: Bill To: Contact:
Maricopa Public Health Lab Services Maricopa Public Health Lab Services Jennifer Dybowsky
1645 East Roosevelt Street 1645 East Roosevelt Street 602-5066997
Phoenix . Phoenix jennifedybowsky@mail.maricopa.gov
Az 85006 AZ 85006

Instruments & Commercial Services

Part # Description Qty List Price Price Disc% Total
4702886 VITEK MS Plus Database (Research Use Only) 1 $40,000.00 $26,650.00 | 33.38% $26,650.00
4707061 VITEK MS PRIME 1 $275,000.00 $225,000.00 | 18.18% $225,000.00
421993 IMYLA V4 VIRTUAL MACHINE - 421993 1 $20,000.00 $15,000.00 | 25.00% $15,000.00

Instruments & Commercial Services: $266,650.00

Instruments & Commercial Services Total: $266,650.00

Freight: $1,898.11

Grand Total: $268,548.11

Footnotes

This quote (including any purchase order issued by Customer in response to this quote) is governed by the agreement and standard Terms and Conditions for Instruments and Products
available at https://wwav.biomerieux-usa.com/biomerieux-terms-conditions and the Service terms available at hitps://wwav.biomerieux-usa.com/blomerieux-terms-conditlons.

Seller is not guaranteeing the availability of any amount of the Products set forth herein and reserves the right, ints sole discretion to apportion supply of Products among its customers.
Any provislon(s) in this Agreement that conflicts with this provision, including but not limited to any guaranteed delivery times, supply representations, or damages for fallure to supply shal
not apply. Delivery dates set forth herein are requested delivery dates only. Seller shall deliver upon availability.

Freight and handling prepaid and added to invoice.

Key Operator Training in the proper use of the instrument will be provided free of charge. Detalls regarding the training format and location will be provided at the Customer
Implementation Call (CIC) prior to Installation. Training must be completed within three (3) months from the date of installation, The customer Is responsible for scheduling training througt
the bioMerieux website at: wwav.blomerieuxuniversity.com or through their local Field Applications Specialist. Any additlonal training purchased under this Agreement is shown on Exhibit /
and must be completed within twelve (12) months from the date of purchase. Additional training may be provided upon request. See U.S. Customer Education and Training Catalog for a lis:
of classes and prices.

BIOMERIEUX

»

VITEK® MS PRIME - Sole Source Justification

bioMérieux Inc. is the sole supplier of the VITEK® MS PRIME system which is a
MALDI-TOF mass spectrometry system for identification of microorganisms.

System is a benchtop model with integrated PC, monitor, and keyboard.

System provides capacily of up to 16 target slides with each slide containing 48 spots (system
capacily of up lo 768 isolates).

System features capabllily of random access loading of target slides for continuous load and go
operation.

System provides capability of urgent processing prioritizalion for any individual slide.

System provides the capability of performing rapid bacterial identification of a broad range of
microorganisms including Gram negatives, Gram positives, yeast, anaerobes, mycobacteria,
Nocardia, and molds.

System has clinically significant and validated FDA-cleared Identificalion claims for Gram
negatives, Gram posilives, yeast, anaerobes, mycobacteria, Nocardia, and molds.

System provides capability of performing Gram negative, Gram positive, yeast,
and anaerobe identifications without off-slide or reflexive extraction procedures.

System ulilizes barcoded disposable plastic target slides and ready-to-use matrix (CHCA) and
formic acid solutions.

System incorporates complete extraction kits for the preparation of mycobacteria, Nocardia, and
mold isolates,
The system reports identification resull with a percentage-based confidence value (ex. 99%

Escherichia coli).

System functionalily includes automated fine tunings that can be initiated by the user.

Subsidiary name (if applicable) / Nom de la fillale (s} approprié)

Company address / Adresse de la société émetirice - Zip Code City / Code postal Vile - Country / Pays
Phone / Tél.: + 33 (0)0 00 00 00 00 - Fax + 33 (0)0 00 00 00 00 - werw.biomerieuxcom
Legal nolice / Mentions légales dela société émeltrice

Maricopa County Public Health Laboratory Jennifer Dybowski
1645 E Roosevelt St Laboratory Supervisc

Phoenix, AZ 85006 602-506-6997
Acct # 1101240

March 23, 2023
REAGENT PRICING AGREEMENT

Special Instructions

Start Date: 4/4/2023
End Date: 3/31/2024

Annual Total price Price Extended
Catalog # Description #of Boxes Per Box | Per Test Price
421564 Vitek MS Liquid Myco Supplement kit 100test/kit $115.00
415659 Vitek MS Myco/Nocardia Kit 100 test/kit $975.00
415680 Vitek MS Mold Kit (IVD) 100 test/kit $975.00
411071 Vitek MS GHCA (matrix)5x0.5 ml $145.00
410893 ek MS-DS Target Slides 32 slides/42 tests per s' $875.00
423546 Vitek MS PICKME Pen (each) $12.00
441072 Vitek MS FA(Formic Acid) 5x0.5ml $145.00
423551 Vitek PICKME Nibs 18 rays/96 nibs each $198.00
Annual Totals $0.00

The prices set forth herein reflect a discount based upon a 1 year (‘Term’) commitment to purchase number of units set forth above
per year. In the event that Customer fails to purchase number of units set forth above per year in any year of the Term of this
Agreement, then for the subsequent year, the Customer shall pay the price associated with the (hen-applicable tier associated for
the level above (a higher price) than was actually purchased by Customer.

The RPA is incorporated into the Agreement? Agreement Number: Yes No
If Yes, the RPA Is referred to in the Agreement as Exhibit A, and is governed by the terms of such Agreement.
1. This offer to enter into this RPA is valid for thirly (30) days from the date stated above.

2. Disposable prices are quoted and invoiced bioMerieux, Inc.'s facililies with shipping and handling charges prepaid and added to invoice.

3. This RPA is executed with the understanding that the Terms and Conditions printed on the back of this RPA are applicable and incorporated
herein.

4, Upon request and subject to the Terms and Conditions, quantity and shipment dates for standing orders can be adjusted to meet the needs
of the Purchaser.
6, Twelve (12) months after the date of the RPA, the Disposable pricing shall increase by 4% annually.

7. Unless otherwise agreed, orders accepted and shipped by bioMerieux afler the expiralion of this agreement shall be priced al the most
recent prices charged, plus 4%.

Date. Date.
Aulhorized Repesentative of; bioMerieux, Inc. Manager
Print Name: Print Name:
Print Title: Print Title:

bioMérieux, Inc., 100 Rodolphe St., Durham, NC 27712, 800-682-2666, Fax: 919-620-2291

Cheryl Bucalo (PHS)

From: Jennifer Dybowski (PHS)

Sent: Thursday, March 23, 2023 8:50 AM

To: Cheryl Bucalo (PHS); Scot Pitcairn (PHS); Corinne Velasquez (PHS); Max Porter (PHS)

Cc: Stephanie Devlin (PHS); Issmene Delgado (PHS); Mitchell Lach (PHS); Millette Miller (PHS);
Gwen Turensky (PHS); Elijah Steinmetz (PHS); Issmene Delgado (PHS)

Subject: RE: Vitek MS Prime update

Attachments: Maricopa County Public Health RPA for VMS Prime .xlsx

Please see below for information regarding the annual service agreement cost. I’ve attached the reagent price list. | also
spoke with the regional Bruker rep. Bruker will not be applying for FDA approvals for Mycobacteria until the end of the year.

Thanks!
“Jennifer,
Attached is a Reagent Pricing Agreement.

There is no volume commitment if instruments are purchased.

As we discussed yesterday, | cannot get an actual service agreement/quote until instruments are purchased. However, the
cost for service per year is about 22K a year, after the first warrantied year.

Please let me know if there is anything else you need to get this moving!”

Regards,
Rebecca

Rebecca Katsaras
bioMérieux, Inc.| Senior Account Manager, Microbiology
febecca.katsaras@biomerieux.com
— Mobile 984.569.0413
7 www. biomerieux.com

IBIOMERIEUX

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Jennifer Dybowski

Laboratory Supervisor

Public Health

1645 E Roosevelt St Phoenix, Arizona 85006

\
MA R) (@ @) P A O: 602-506-6997 C: 602-615-1119
¢ re) U N TY E: jennifer.dybowski@maricopa.gov

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From: Jennifer Dybowski (PHS)
Sent: Wednesday, March 22, 2023 9:20 AM
To: Cheryl Bucalo (PHS) <Cheryl.Bucalo@maricopa.gov>; Scot Pitcairn (PHS) <Scot.Pitcairn@Maricopa.gov>; Corinne Velasquez

1