00017091 Sole Source Findings and Determination posted~1.docx

Sole Source Findings and Determination

FINDINGS:

The findings below were prepared by Brian Roth and Wendy Elstun and submitted to the ODOT Procurement Office on June 30, 2026.

1. Name of sole source contractor: OGMA Consulting Corporation

2. Goods or services to be purchased: ODOT requires a new/replacement contract to continue to operate and enhance its web-based grant management system, Oregon Public Transit Information System (OPTIS). The new contract includes the purchase of an additional core system O&PEN, that OPTIS and ORPIN (the previous electronic procurement system) license agreement, software licenses through OGMA Consulting Corp, hosting, support, maintenance and IT professional services such as consultation, programming enhancements, installation and configuration, data analysis, integration, reporting, training and project management.

3. Description of need and circumstances: OPTIS is the authorized statewide system that ODOT’s Public Transit Office (“PTO”) uses to manage grants and compliance activities for Oregon’s public transportation programs. It is also the system of record for ODOT’s public transit grants reimbursements, reporting and capital assets. OPTIS standardizes core functions such as reimbursement requests for Agency’s Periodic Report (“APR”) and Statewide Transportation Investment Program (“STIP”) Plan Report, (“SPR”) reporting, agreement status, payment histories, grant balances, asset tracking, and reports. OPTIS enables PTO and its grant recipients to manage the full grant lifecycle: to receive applications, to issue agreements and amendments, to handle reimbursement requests, to submit quarterly reports and to track and report assets.

Program context and reliance OPTIS is used to administer and report on a broad portfolio of state and federal funding programs. Recent PTO notices specify that applications are accepted through OPTIS for discretionary solicitations (e.g., the 2024–2026 Mid‑Cycle Discretionary call and the 2025–2027 STIF Discretionary and Statewide Transit Network (“STN”) program). These notices enumerate multiple funding sources, including the Federal Transit Administration (“FTA”), 5310 (Enhanced Mobility of Seniors & Individuals with Disabilities), FTA 5339 (Buses & Bus Facilities), FTA 5311(f) Intercity Bus, FTA 5304 (Statewide Planning), STIF Discretionary, and identify Vehicle Replacement via Surface Transportation Block Grant Bus Replacement (“STBG”). PTO’s Funding Opportunities page outlines active opportunities and schedules and indicates the integration of OPTIS in the application process.

ODOT relies on OPTIS to:

· Publish and process solicitations; issue agreements and amendments; manage payments; and maintain audit‑ready documentation in one place.

· Track and report capital assets in alignment with FTA Transit Asset Management (“TAM”) requirements; OPTIS is designated as the system of record for assets, including locally funded assets that must be entered and validated.

· Standardize quarterly APR and SPR with defined schedules and eResponse validation (electronic authorization) to ensure reports are complete and legally authorized before submission.

Recipient transit agencies rely on OPTIS to:

· Request reimbursements with required documentation; monitor agreement status and grant balances; and retrieve payment histories.

· Create and authorize quarterly APR/SPR reports that record service data, revenues/expenses, civil rights deliverables, and other compliance information.

· Maintain vehicle/facility inventories and condition assessments, enabling reporting to ODOT and FTA under TAM.

Oregonians who ride transit benefit because OPTIS is the administrative backbone that ensures funding is awarded, tracked, and reported consistently, which supports service that is safer, more reliable, and more equitable statewide. Funding administered via OPTIS supports rural and intercity services (§5311, STN), seniors and riders with disabilities (§5310), planning (§5304), bus purchases and facilities (§5339), and statewide investments (STIF, STBG bus replacement)—all of which translate to more accessible and climate‑aligned mobility choices on the ground.

4. Summary of market research: ODOT conducted independent market research to assess licensing authority, support obligations, and compatibility requirements for the OPTIS platform. Contractual documentation confirms OGMA Consulting Corp is the sole licensor of the underlying O&PEN platform that produces the “System,” explicitly defined to include OPTIS; OGMA provides maintenance and technical support, including patches and revisions subject to the O&PEN License Agreement and maintenance of third‑party components used by OPTIS. Customers under the agreement include ODOT’s PTO. These materials verify OGMA is the sole source provider authorized to license, maintain, and support the OPTIS software used by ODOT’s PTO.

5. Applicable criteria from ORS 279B.075 (check all that apply):

Efficient use of existing goods or services requires compatible goods or services:

Since OPTIS was implemented, ODOT has invested over $1.5 million in aggregate maintenance and Work Order contracts to update and upgrade the system in accordance with changing and new state and federal law. OPTIS provides training resources, production/training sites, and support contacts that reduce onboarding friction and preserve statewide continuity.

Replacing OPTIS would require reengineering of PTO workflows, migrating historical agreement and asset records, training all providers on new authorization and reporting processes, and republishing solicitations and program documentation. This would introduce material risk to compliance and scheduled quarterly reporting. Internal analysis indicates that replacement costs could exceed $2,500,000 and would take significant implementation and integration time; such costs and incidental delays would jeopardize program delivery and statutory schedules. OPTIS vendor obligations such as licensing, maintenance, and patches and revisions, are contract‑bound to OGMA, ensuring continuity and compatibility with the installed System.

The current contract with OGMA was procured through a Special Procurement by DAS in 2008, for the ORPIN electronic procurement system which has now been replaced with OregonBuys. DAS entered into a Service Level Agreement with ODOT allowing ODOT to issue Service Orders to support OPTIS. DAS no longer needs this contract with OGMA, however ODOT still requires the services OGMA provides for OPTIS until a formal solicitation can be conducted to replace the current system. ODOT IT and DAS EIS have a 12-14 month backlog for review and approval of new IT systems.

Additionally, OAR 125-247-0275(2)(a)-(b) supports ODOT’s need for software compatibility:

(a) Compatibility. The efficient utilization of existing Supplies and Services requires the acquisition of compatible Supplies and Services from only one source. For example, 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 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.

(b) Exchange of Software or Data. Specific Supplies and Services, which are available from only one source, may be required for the exchange of software or data with other public or private agencies. This finding may be particularly applicable when the Supplies and Services involve assets such as copyrights, patents, trademarks, and trade secrets.

The goods or services required to exchange software or data with other entities are available from only one source:

OGMA Consulting Corp is the sole source licensor/maintenance provider for the System that includes OPTIS.

☐ The goods or services are for use in a pilot or experimental project:

N/A

Other findings that support the conclusion that the goods or services are available from only one source:

OAR 125-247-0275(1)(a)-(b) supports the determination for a Sole Source procurement with considerations specific to Compatibility and Exchange of Software Data. Further, OGMA is the is the sole licensor and provider of the O&PEN Software, as configured and modified to meet ODOT’s business requirements.

DETERMINATION:

Based on the written findings above, I determine that the goods and services described are available from only one source.

Approved by Jonathan Miller via email dated 8/10/2026 Signature Print name Date