12064 - Sole-Source-Determination-Memo~1.pdf

SOLE-SOURCE DETERMINATION MEMO

FOR SUPPLIES AND SERVICES

Date: 11/12/28 Sole source number: S-10000-00012064

To: Kirk N. Rhoades, Designated Procurement Officer

ODHS Office of Contracts & Procurement

Requestor: Stephanie Keys Garcia

Agency/division: ODHS ODDS, herein after referred to as “Agency”

Program/office: Policy and Training Unit

Contract specialist: Burke Barnett

Agency Sole source rule: Sole source authority:

DHS OAR 125-247-0275 OAR 125-246-0170(2)

OHA OAR 137-047-0275 ORS 413.033

Estimated total contract value: $150,000.00

Description of goods or services: The prospective Contractor will purchase and distribute Stored Value Cards as compensation and incentives for Individual and family member participation in Agency listening sessions, focus groups, committees, and other

Agency events throughout the State of Oregon. The Contractor will perform this work in accordance with the policies and guidance set forth by DAS.

Agency intends to award a contract to the prospective Contractor for an initial term of

2 years, up, with the option to extend the contract as set forth in Section 2. below.

1. Background: This sole source justification applies to the purchase of:

Contractor is currently providing these services under a direct award contract below the small procurement threshold. Agency previously posted competitive solicitations for these services three separate times and has not received any proposals. Agency needs these services to continue on a longer-term scale and does not want to appear to be ‘fragmenting’ by awarding multiple small direct-award contracts.

2. Prospective contractor/vendor:

Legal entity name: Families and Communities Together

DBA: FACT Oregon

Address: 2475 SE Ladd Ave., Ste. 430, Portland OR 97214

Contact person: Christy Reese

Phone: 503-786-6082

Email: christy@factoregon.org

Protests are due by 3:00 PM within seven calendar days after the first date the notice is posted on OregonBuys. Protests must be sent via mail, fax, email, or hand carried to the following address: Protests via telephone will not be accepted.

Oregon Department of Human Services

Office of Contracts and Procurement

ATTN: Burke Barnett

Address: 500 Summer St., Suite E03

Phone: 503-910-7821 Fax: 503-378-4324

Email: Burke.C.Barnett@odhsoha.oregon.gov

Agency reserves the right to purchase additional services from the Contractor up to a period of five years or up to $150,000.00, whichever occurs first.

3. Written findings of fact (market research):

The findings below must include factual information supporting the determination that meet the sole source requirement in statute.

Pursuant to ORS 279B.075, Agency must conduct market research that supports the assertion that there is only one source that can provide the goods or services. Market research includes utilization of the internet, trade journals, agency vendor lists, professional organizations, studies, catalogs/industrial periodicals, vendor sources, yellow pages, etc.

For information technology contracts, any ownership or proprietary issues should be fully addressed with written documentation to support facts.

Agency must select at least one of the findings and prepare the determination as it specifically relates to the good or service being procured. More than one finding can be addressed. The findings are as follows:

Pursuant to ORS 279B.075 (2)(a): Provide findings supporting the determination that the efficient utilization of existing goods requires the acquisition of compatible goods or services from only one source.

or

Pursuant to ORS 279B.075 (2)(b): Provide findings supporting the determination that the goods or services required for the exchange of software or data with other public or private agencies are available from only one source.

Pursuant to ORS 279B.075 (2)(c): Provide findings supporting the determination that the goods or services are for use in a pilot or an experimental project.

or

Pursuant to ORS 279B.075 (2)(d): Any other findings that support the conclusion that the goods or services are available from only one source.

Three formal solicitations have been conducted for these services: S-10000-

00009112 (posted twice) and S-10000-00011266. Over 1400 potentially qualified vendors received notice of the available opportunity. We received no proposals and had no engagement from potential proposers who might have been interested in the opportunity. The work is currently being performed by a contractor who is willing to continue the work under a new contract matching the parameters of this solicitation. The contractor’s Letter of Interest is included with this request.

APPROVED:

By:

Signed by DPO electronically via OregonBuys

Kirk N. Rhoades or acting DPO

BRAND NAME DETERMINATION:

If a brand name is involved, Agency must also satisfy the requirements of OAR 125-247-

0691 by completing Attachment 1.