170449-0 final SSD.pdf

OREGON DEPARMENT OF HUMAN SERVICES

SOLE-SOURCE DETERMINATION MEMO

FOR SUPPLIES AND SERVICES - ####

Date: February 14, 2022 ODHS Number: 170449

To: Kirk Rhoades, Designated Procurement Officer ODHS Office of Contracts and Procurement

Requestor: Katie Thompson Agency/division: ODHS Vocational Rehabilitation (Agency) Program/office: Work Incentive Network Contract Specialist: Traci Friedl

Agency Sole source rule: Sole source authority:

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

DAS Delegation 649-11, as amended

Estimated total contract value: $150,000

Description of goods or services: Apricot 360 case management system

1. Request & Background.

a) Request: This sole source justification applies to the purchase of Apricot 360 application software, Apricot Gold support, and Apricot 360 Basic implementation services (together, the “Services”) in place of older software from the same vendor that ODHS currently uses under ODHS Contract #157013. The older software was built many years ago to run on Internet Explorer, but the vendor is phasing out their support for IE and Agency is experiencing significant issues with it at this time. Agency seeks an agreement to subscribe to Apricot for an initial subscription term of three years with the option to renew up to a total term five of (5) years, so long as the total contract amount does not exceed $150,000.

b) Product: Apricot 360 is a cloud-based database system designed for secure data collection and case management in the human services field. It can be easily customized to the specific needs of a program. Agency will utilize the system for verification reports, case notes, utilized work incentives, and to provide information to participants about how their earnings will impact benefits they receive such as health, SNAP, housing, Social Security, etc. Agency has been using the same vendor’s Efforts to Outcomes (ETO) case management system for the same purposes, but with limited functionality as Internet Explorer is phased out.

c) Background: The Work Incentive Network (WIN) is a program within ODHS’s Vocation Rehabilitation office that uses counseling and work incentives to expand the availability of benefits and planning supports and services to individuals with disabilities. WIN has used “Efforts-to-Outcomes” by Social Solutions Global, Inc. (SSG) for its case management system since 2007. Agency initially procured the ETO software through Sole Source Determination (SSD) #DHS-2563-07, because ETO was specifically approved by the Social Security Administration for its WIPA program and recommended for use by similar programs like WIN. No protests were received. In 2017, Agency posted #DHS- 4541-17 to renew the services through 2027 to manage and maintain consistent data.

Again, there were no protests. That procurement authorized Agency to renew the ETO software for up to 10 years. However, Agency is struggling with significant software issues as the Internet Explorer-based support is phased out. It could still renew the software for five more years, but the sunset process for the browser is expected to be final in June 2022. Agency seeks to replace the outdated ETO software with the vendor’s newer product, Apricot, to continue receiving these important software services. Using a newer product from the same vendor will allow Agency to easily migrate data as needed and smoothly continue operations. Agency is pursuing a sole source procurement because market research shows there is no other database solution that meets its programmatic needs without considerable disruption and cost.

2. Prospective contractor/vendor.

Legal entity name: Social Solutions Global, Inc.

DBA: NA

Address: 10801-2 N. MoPac Expy, Austin, TX, 78759 Contact person: Charlotte Brigham Phone: 737-787-7868 Email: Cbrigham@socialsolutions.com

3. Protests.

Protests are due by 3:00 PM within seven calendar days after the first date the notice is posted on the Oregon Procurement Information Network (ORPIN). Protests must be sent via mail, fax, email, or hand carried to the address below. Protests via telephone will not be accepted.

Oregon Department of Human Services Office of Contracts & Procurement

Attn: Traci Friedl 800 NE Oregon Street, Suite 640

Portland, OR 97232 Email: traci.j.friedl@dhsoha.state.or.us

Phone: 971-374-3472; Fax: 503-378-4324

Agency reserves the right to purchase additional goods; services, to include on-call maintenance, preventative maintenance, repair (unless available on DAS price agreement);

or training, up to a maximum contract amount of $150,000.

4. Written findings of fact (market research):

mailto:Cbrigham@socialsolutions.com mailto:traci.j.friedl@dhsoha.state.or.us

The findings below provide factual information supporting the determination that the statutory sole source requirements are met for this procurement.

a) Market Research. Pursuant to ORS 279B.075, Agency conducted the market research to support 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.

• Social Security Administration (SSA) WIPA program. WIPA is a similar benefits planning program funded by SSA. The WIPA program used to contract with SSG for their database, but budget cuts caused them to end their contract and move to Excel spreadsheets for case management. WIPA staff indicated that the decision was made to move to Excel spreadsheets because there were no other affordable databases available on the market that would affordably meet their programmatic needs.

• Centers for Independent Living (CIL). Agency contracts with six different CILs to provide certain WIN services. CILs use their own CIL Suites software that is designed for their particular use type. Because WIN’s services are broader than just CIL, that software is not well-suited for WIN. CIL Suites contains tools that WIN does not need, and is missing specific tools, database customization, and program reports that WIN requires. In addition, CIL is designed for a higher level of data that WIN requires.

• Nonprofits. Agency contacted nonprofits that provide benefits planning services around the nation, and all had either custom databases built or were using Excel spreadsheets.

b) Statutory Findings. Agency has selected the following findings and prepared 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), Agency provides the following findings supporting the determination that the efficient utilization of existing goods requires the acquisition of compatible goods or services from only one source:

Apricot is a newer product from the vendor that provided ETO. Market research showed that there is no comparable off-the-shelf database software currently on the market. The only other options would require manual entry and spreadsheets, software that doesn’t meet Agency’s requirements, or a custom build. It is not practicable to pursue options that would unnecessarily decrease efficiency and efficacy or increase costs.

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

Agency has used SSG’s ETO for its case management system for nearly 15 years.

Under the last procurement, it could still use ETO for another five years. However, the product’s support is ending and that is causing issues that are affecting the

WIN program’s ability to perform client services efficiently. Being Apricot is from the same vendor as ETO, the transition will be easier and less likely to disrupt WIN services.

APPROVED:

Signed by DPO electronically by email dated 2/28/2022 Kirk N. Rhoades or acting DPO